Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 8, 1996 and adjourned Monday, March 18, 1996, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1996 and special 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 8, 1996 through March 7, 1996. Volume II contains March 8, 1996 through March 18, 1996 regular session, August 14, 1995 through September 12, 1995 special session, and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 1996 and adjourned Monday, March 18, 1996
VOLUME I
1996 Atlanta, Ga. Printed on Recycled Paper

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

MONDAY, JANUARY 8, 1996

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 8, 1996

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

Prayer was offered by Representative Billy Randall, District 127, Macon, Georgia.

The members pledged allegiance to the flag.

The following communications were received:

House of Representatives Legislative Office Building, Room 512
Atlanta, Georgia 30334
September 15, 1995
The Honorable Zell Miller Governor State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Miller:
Please accept this letter as official notice of my resignation from the Georgia General Assembly as State Representative for District 116 effective September 19, 1995. My tenure as a legislator has been one of the greatest experiences of my lifetime. I will always treasure the memory of the experiences and of the members with whom I served. I look forward to the new challenges as Augusta Judicial Circuit Judge.
Sincerely, /s/ Bettieanne C. Hart
cc: The Honorable Tom Murphy

State of Georgia Office of the Governor
Atlanta 30334-0900
Honorable Bettieanne C. Hart State Representative 715 North Liberty Street Waynesboro, Georgia 30830
Dear Representative Hart:

September 20, 1995

2

JOURNAL OF THE HOUSE,

This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia House of Representatives, District 116. By copy of this letter, your resignation is hereby accepted, effective September 19, 1995.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future in your new role as a superior court judge.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/clb cc: Honorable Max Cleland, Secretary of State
Honorable Thomas B. Murphy, Speaker of the House of Representatives

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Bettieanne
Childers Hart, the member of the House of Representatives, District 116; and

WHEREAS:

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

WHEREAS:

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

WHEREAS:

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

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 116, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 116, shall be held on the 7th day of November, 1995, pursuant to the Constitution and Laws of the State of Georgia.

This 20th day of September 1995.

/s/ Zell Miller GOVERNOR

ATTEST:

M Steve W. Wrigley

MONDAY, JANUARY 8, 1996

3

EXECUTIVE SECRETARY

House of Representatives Legislative Office Building, Room 512
Atlanta, Georgia 30334
September 29, 1995
The Honorable Zell B. Miller Governor of Georgia 203 State Capitol Atlanta, Georgia 30334
Dear Governor Miller:
Notice is hereby given that I will not return to serve in the Georgia General Assembly for the upcoming 1996 Legislative Session. Accordingly, your office should issue a writ of election for a Special Election for the seat of House District 117. This notice is also given to declare my resignation which will be effective on October 15, 1995.
During the past 13 years I have enjoyed working with you as well as with my colleagues in the General Assembly to make this state a better place for all Georgians. I am looking forward to working with you in the future.
Your cooperation in this matter shall be greatly appreciated. If you have any further questions please feel free to call.
Sincerely, /s/ George M. Brown
GMB:lj
Mark Cohen Jeff Lanier Speaker Tom Murphy

State of Georgia Office of the Governor
Atlanta 30334-0900
October 16, 1995
Honorable George M. Brown State Representative Post Office Box 1114 Augusta, Georgia 30334
Dear Representative Brown:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia House of Representatives, District 117. By copy of this letter, your resignation is hereby accepted, effective October 15, 1995.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/clb

4

JOURNAL OF THE HOUSE,

cc: Honorable Max Cleland, Secretary of State Honorable Thomas B. Murphy, Speaker of the House of Representatives

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
November 14, 1995
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the November 7, 1995 Special Election for the Office of State Representative in the General Assembly of Georgia from District 116, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 7th day of November, 1995, in District 116 of the State House of Representatives, in portions of Burke and Richmond Counties, to fill the vacancy existing due to the resignation of the Honorable Bettieanne Childers Hart, show the following results:

Alberta J. Anderson Joanne Dixon

BURKE 1,583 1,959

RICHMOND 973 540

TOTAL 2,556 2,499

Having received a majority of the votes cast, Alberta J. Anderson was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of November, in the year of our Lord One Thousand Nine Hundred and Ninety-five and of the Independence of the United States of America the Two Hundred and Twentieth.

(SEAL)

/s/ Max Cleland Secretary of State

MONDAY, JANUARY 8, 1996

5

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Alberta J. Anderson State Representative
Sworn to and subscribed before me, this 20th day of November, 1995.
Is/ Bettieanne C. Hart Judge,

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
December 12, 1995
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the December 5, 1995 Special Election for the Office of State Representative in the General Assembly of Georgia from District 117, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 5th day of December, 1995, in District 117 of the State House of Representatives, in a portion of

6

JOURNAL OF THE HOUSE,

Richmond County, to fill the vacancy existing due to the resignation of the Honorable George M. Brown, show the following results:
Ben Alien----------------------------517 Melvin E. Ford----------------------469

Having received a majority of the votes cast, Ben Alien was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 12th day of December, in the year of our Lord One Thousand Nine Hundred and Ninety-five and of the Independence of the United States of America the Two Hundred and Twentieth.

(SEAL)

/s/ Max Cleland Secretary of State

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
December 21, 1995
Honorable Alberta J. Anderson Representative, District 116 878 Waters Street Waynesboro, Georgia 30830
Dear Representative Anderson:
I am this date appointing you to serve on the following standing committees:
Banks and Banking Children and Youth Education
Sincerely, /s/ Thomas B. Murphy
Speaker
TBMxw
c: Representative Charlie Watts Representative Georganna Sinkfield Representative John Godbee Mr. Paul Lynch, Fiscal Office Mr. Robby Rivers, Clerk's Office Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Governor's Office House Research Office House Information Office

House of Representatives Legislative Office Building, Room 401
Atlanta, Georgia 30334
December 26, 1995
The Honorable Zell Miller

MONDAY, JANUARY 8, 1996

7

Governor c/o Mr. Mark Cohen, Executive Counsel State Capitol Atlanta, GA 30334
Dear Governor Miller:
It is with a great deal of mixed emotions that I hereby submit my resignation as a member of the Georgia House of Representatives, District 160, effective Thursday, January 4, 1996. As you know, I have accepted the offer of incoming Secretary of State Lewis Massey to work as his Assistant Secretary of State, and it is for this reason that my resig nation is offered.
I am very excited, nevertheless, about working with Lewis in reorganizing and streamlining this critical agency of state government, and I look forward to this new ave nue of service to the state of Georgia.
With kindest personal regards, I remain
Sincerely yours, M Cathy Cox
cc: The Honorable Thomas B. Murphy

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
Is/ Benjamin Alien State Representative
Sworn to and subscribed before me, this 27th day of December, 1995.
/s/ John H. Ruffin. Jr. Judge, Georgia Court of Appeals

Honorable Cathy Cox State Representative Post Office Box 1932 Bainbridge, Georgia 31717
Dear Representative Cox:

State of Georgia Office of the Governor
Atlanta 30334-0900

January 2, 1996

8

JOURNAL OF THE HOUSE,

This will acknowledge receipt of your recent correspondence in which you tendered your resignation as State Representatives of District 160. By copy of this letter, your resig nation is hereby accepted, effective as of January 4, 1996.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /&/ Zell Miller
ZM/kcr cc: Honorable Max Cleland, Secretary of State

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Cathy Cox, State Representative, District 160; and

WHEREAS:

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

WHEREAS:

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

WHEREAS:

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

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representa tives, District 160, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa tives from District 160, shall be held on the 6th day of February, 1996, pursuant to the Constitution and Laws of the State of Georgia.

This 4th day of January 1996.

/s/ Zell Miller GOVERNOR

ATTEST:

/s/ Steve W. Wrigley EXECUTIVE SECRETARY

MONDAY, JANUARY 8, 1996

9

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505

CALL FOR SPECIAL ELECTION
Notice is hereby given that a special election shall be held in Miller, Seminole, and por tions of Decatur and Early counties on February 6, 1996, to fill the unexpired term of the Honorable Cathy Cox, State Representative, District 160, resigned. A runoff election, if needed, shall be held on February 20, 1996.
Qualifying for the special election shall be held in the Elections Division of the Office of the Secretary of State, 1104 West Tower, 2 Martin Luther King, Jr., Drive, SE, Atlanta, Georgia 30334-1505, beginning at 9:00 a.m. on Monday, January 8, 1996, and ending at 12:00 Noon on Friday, January 12, 1996. The qualifying fee shall be $400.00.
In addition, pursuant to O.C.G.A. Code Section 21-2-140, each candidate qualifying in this special election must submit a certificate at the time the candidate qualifies that the can didate has been tested by an approved laboratory for illegal drugs within the past thirty days prior to qualifying and that the results of such test are negative.
All persons who are not registered to vote and who desire to register to vote in the special election may register to vote through the close of business on January 12, 1996. Polls will be open from 7:00 a.m. until 7:00 p.m.
Is/ Max Cleland Secretary of State

House of Representatives Atlanta
January 4, 1996
Honorable Ben Alien Representative, District 117 2352 Sumac Drive Augusta, Georgia 30906
Dear Ben:
I am this date appointing you to serve on the following standing House Committees:
Judiciary Industrial Relations Regulated Beverages
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:lj
c: Representative Tommy Chambless Representative Bob Lane Representative Harry Dixon Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Mr. Frank Eldridge

10

JOURNAL OF THE HOUSE,

Office of the Governor House Information Office House Research Office

House of Representatives Atlanta
January 4, 1996
Honorable Michele Henson Representative, District 65 4140 Creek Stone Court Stone Mountain, Georgia 30083
Dear Michele:
I am this date appointing you Vice-Chair of the Insurance Committee to replace Represen tative Ronnie Culbreth. Representative Culbreth will remain a member of the committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
C: Honorable Jimmy Lord Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Mr. Frank Eldridge Office of the Governor House Information Office House Research Office

House of Representatives Atlanta
January 4, 1996
Honorable Keith Heard Representative, District 89 3100 Atlanta Highway Athens, Georgia 30606-3331
Dear Keith:
I am this date appointing you Secretary of the Insurance Committee, to replace Represen tative Michele Henson, since I have appointed her as Vice-Chair to replace Representative Ronnie Culbreth.
Sincerely, /s/ Thomas B. Murphy
Speaker
C: Honorable Jimmy Lord Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Mr. Frank Eldridge Office of the Governor House Information Office House Research Office

MONDAY, JANUARY 8, 1996

11

House of Representatives Atlanta
January 4, 1996
Honorable Ben Purcell Representative, District 9 Route 3, Box 3049 Clarkesville, Georgia 30523-3049
Dear Ben:
I am this date appointing you Secretary of the State Institutions and Property Committee to fill the vacancy left by the resignation of Representative Cathy Cox.
Sincerely, Is/ Thomas B. Murphy
Speaker
c: Honorable Denny Dobbs Mr. Paul Lynch Mr. Sewell Brumby Mr. Robby Rivers Mr. Frank Eldridge Office of the Governor House Information Office House Research Office

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
January 3, 1996
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE CURRENT SEVENTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT SEVENTH DISTRICT STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Seventh Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 10, 1996, at 2:00 P.M.
This caucus and election will be held based on the current congressional district lines and will not be affected by the pending federal court decision in the Johnson v. Miller litigation. Changes in the composition of the State Transportation Board, if any, which are required by the federal court decision will be acted on in January of 1997.
Members of the Senate from those senatorial districts embraced or partly embraced within the current Seventh Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the current Seventh Congressional District are eligible to partici pate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel

12

JOURNAL OF THE HOUSE,

SRB:jp

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
January 3, 1996
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE CURRENT ELEVENTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT ELEVENTH DISTRICT STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Eleventh Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 10, 1996, at 3:00 P.M.
This caucus and election will be held based on the current congressional district lines and will not be affected by the pending federal court decision in the Johnson v. Miller litigation. Changes in the composition of the State Transportation Board, if any, which are required by the federal court decision will be acted on in January of 1997.
Members of the Senate from those senatorial districts embraced or partly embraced within the current Eleventh Congressional District are eligible to participate in said cau cus. Members of the House of Representatives from those representative districts embraced or partly embraced within the current Eleventh Congressional District are eligi ble to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

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

Ashe Baker Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks, D Brown, J Buck Buckner Bunn Byrd Campbell Carter Chambless Channel! Childers Coker Coleman, B

Coleman, T Connell Crawford Crews Culbreth Cummings Day DeLoach, B DeLoach, G Dixon, H Dobbs Ehrhart Epps Falls Felton Floyd Godbee Golden Greene Grindley Harbin Harris Heard Heckstall Holland

Holmes Howard Hudson Hugley Irvin James Jamieson Jenkins Johnson, G Johnson, J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Lucas

Maddox Mann Martin McBee McKinney Mills Mobley, J Mosley Mueller O'Neal Parham Parrish Parsons Perry Pinholster Polak Poston Powell Purcell, A Purcell, B Ray Reaves Eeichert Rogers Royal

Sanders Sauder Scoggins Shanahan Shaw Sherrill Shipp Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Smith, W Smyre SneUing StaUings Stancil, F Stancil, S Streat Taylor Teper Tillman Titus

MONDAY, JANUARY 8, 1996

13

Towery Twiggs
Walker, L

Walker, R.L Wall
Watson

Watts Westmoreland
Whitaker

Wiles Williams, J
Williams, R

Woods Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Bailey of the 93rd, Alien of the 117th, Sinkfield of the 57th, Goodwin of the 79th, Anderson of the 116th, Hembree of the 98th, Bannister of the 77th, Dixon of the 150th, Canty of the 52nd, Hegstrom of the 66th, Manner of the 159th, Porter of the 143rd, Roberts of the 162nd, Burkhalter of the 41st, Teague of the 58th, Davis of the 60th, Dix of the 76th, Orrock of the 56th, Mobley of the 69th, Randolph of the 72nd, Evans of the 28th, Williams of the 63rd, Pelote of the 149th, Thomas of the 148th and Trense of the 44th.
They wish to be recorded as present.

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

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

The Journal was confirmed.

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

The following Resolutions of the House were read and adopted:

HR 744. By Representative Walker of the 141st

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

HR 745. By Representative Walker of the 141st

A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1995 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 1996 session and for the duration of this General Assembly, until and unless otherwise provided by resolution of the House of Representatives.

14

JOURNAL OF THE HOUSE,

HR 746. By Representative Walker of the 141st
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 10, 1996, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the afore said date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representa tives.

HR 747. By Representative Walker of the 141st

A RESOLUTION
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a mes sage from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M., Wednesday, January 10, 1996, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to trans mit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

HR 748. By Representatives Walker of the 141st, Murphy of the 18th and Lee of the 94th

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Robert Benham, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 11, 1996, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the afore said date for the purpose of hearing an address from Chief Justice Benham.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representa tives for the purpose of hearing the address from Chief Justice Benham.

MONDAY, JANUARY 8, 1996

15

BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

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

HB 1098. By Representative Royal of the 164th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxation, so as to increase the rate of tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible property and on certain services.
Referred to the Committee on Ways & Means.

HB 1099. By Representative Buck of the 135th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, so as to provide for the payment of health insur ance premiums in monthly installments by schoolteachers ineligible for retirement but with 20 or more years of service or their surviving spouses.
Referred to the Committee on Education.

HB 1106. By Representatives Kaye of the 37th, Joyce of the 1st, Woods of the 32nd, Smith of the 102nd, Yates of the 106th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxation, so as to change certain tax tables used for computing such tax; to increase the amount of certain standard deductions.
Referred to the Committee on Ways & Means.

HB 1108. By Representatives Kaye of the 37th, Mills of the 21st, Yates of the 106th, Smith of the 102nd, Joyce of the 1st and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxation, so as to provide for annual adjustments with respect to the taxable net income brackets applicable to individual income taxpayers and the amount of certain exemptions and deductions.
Referred to the Committee on Ways & Means.

HB 1109. By Representatives Kaye of the 37th, Mills of the 21st, Smith of the 102nd, Yates of the 106th, Joyce of the 1st and others:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Anno tated, relating to personal exemptions with respect to income taxes, so as to increase the amount of certain exemptions; to provide for annual adjust ments.
Referred to the Committee on Ways & Means.

16

JOURNAL OF THE HOUSE,

HB 1110. By Representatives Kaye of the 37th, Mills of the 21st, Yates of the 106th, Smith of the 102nd, Joyce of the 1st and others:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Anno tated, relating to personal exemptions with respect to income taxes, so as to increase the amount of certain exemptions; to provide for annual adjust ments.
Referred to the Committee on Ways & Means.
HB 1111. By Representatives Kaye of the 37th, Smith of the 102nd, Mills of the 21st, Yates of the 106th, Joyce of the 1st and others:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Anno tated, relating to personal exemptions with respect to income taxes, so as to increase the amount of certain exemptions; to provide for annual adjust ments.
Referred to the Committee on Ways & Means.
HB 1116. By Representative Ladd of the 59th:
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 imposition and levy of a '/2 percent business user reinvestment tax; to provide for a short title.
Referred to the Committee on Ways & Means.
HB 1117. By Representative Ladd of the 59th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption in the amount of $3,000.00 of the fair market value for the sale or use of a motor vehicle.
Referred to the Committee on Ways & Means.
HB 1119. By Representative Ladd of the 59th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum speed limits, so as to change the maximum speed limits for certain highways.
Referred to the Committee on Transportation.

HB 1120. By Representative Woods of the 32nd:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to require taxpayer fiscal notes assessing the impact to taxpayers with respect to certain bills having a significant impact upon anticipated state revenues or expenditures.
Referred to the Committee on Appropriations.
HB 1122. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding courts, so as to change certain provisions relating to extent of courts' contempt power; to prohibit certain television broadcasting from, or motion picture filming or videotaping in, courtrooms during judicial proceedings in cases except with the consent of all parties.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 8, 1996

17

HB 1126. By Representative Woods of the 32nd:
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 contributions to campaign committees.
Referred to the Committee on Ways & Means.

HB 1127. By Representative Ladd of the 59th:
A bill 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 vehi cles, so as to provide a short title; to change the time at which ad valorem taxes on certain motor vehicles become due and payable.
Referred to the Committee on Ways & Means.

HB 1128. By Representative Ladd of the 59th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to change certain provisions regarding the purposes for which the spe cial county 1 percent sales and use tax may be imposed; to change the period of time which must elapse prior to resubmitting an imposition question.
Referred to the Committee on Ways & Means.

HB 1129. By Representative Ladd of the 59th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change the provisions regarding the submission of the questions of imposing or ceasing to impose such tax to the voters; to change the provi sions regarding the calling and conducting of the required referendums.
Referred to the Committee on Ways & Means.

HB 1134. By Representative Woods of the 32nd:
A bill to amend Code Section 17-10-6.1 of the Official Code of Georgia Anno tated, relating to punishment for serious violent offenders, so as to add the offense of voluntary manslaughter to the list of crimes subject to mandatory minimum sentencing.
Referred to the Committee on Special Judiciary.

HB 1138. By Representative Sauder of the 29th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions relative to courts, so as to provide that television cameras may be permitted in a courtroom during the conduct of a criminal or civil trial; to define a certain term; to provide certain restric tions on the use of recorded video tape.
Referred to the Committee on Judiciary.

18

JOURNAL OF THE HOUSE,

HB 1144. By Representative McKinney of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and pri maries generally, so as to provide definitions and descriptions for use in des ignating congressional districts; to provide for the description of congressional districts; to provide for the election of members of Congress.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1145. By Representative Murphy of the 18th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the form of the final judgment and decree in divorce cases; to provide that certain provisions shall be included only where applicable and otherwise need not be included; to provide that findings relating to child support shall not be required where child support is not in issue.
Referred to the Committee on Judiciary.

HB 1146. By Representatives Kaye of the 37th, Joyce of the 1st, Woods of the 32nd, Yates of the 106th, Mills of the 21st and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxation, so as to change certain tax tables used for computing such tax; to increase the amount of certain standard deductions; to provide for a short title.
Referred to the Committee on Ways & Means.

HB 1148. By Representatives Childers of the 13th, Smith of the 12th, Smith of the 175th, Titus of the 180th, Day of the 153rd and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to change the pro visions relating to definitions; to provide for limitations upon service by members of hospital authorities and to provide for removal of such members; to prohibit certain conflicts of interest and the transaction of business by members of hospital authorities and controlled corporations of such authori ties.
Referred to the Committee on Health & Ecology.

HB 1149. By Representative Mueller of the 152nd:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, "The Patient Cost of Care Act," so as to provide for certain billing requirements.
Referred to the Committee on Health & Ecology.

HB 1150. By Representative Childers of the 13th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to exempt bona fide residents of nursing homes from "911" charges.
Referred to the Committee on Industry.

MONDAY, JANUARY 8, 1996

19

HB 1151. By Representative Watson of the 139th:
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 provi sions relating to the earning of replays on coin operated games or devices and to provide for the discharge of the accumulated replays; to change the provi sions relating to the manner and type of reward a winning player receives when operating certain other coin operated games or devices.
Referred to the Committee on Industry.

HB 1152. By Representative Watson of the 139th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions applicable to the indemnification of law enforce ment officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "law enforce ment officer"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the defi nition of certain terms.
Referred to the Committee on Industry.

HB 1153. By Representatives Watson of the 139th, Westmoreland of the 104th, Teper of the 61st and Heard of the 89th:
A bill to amend Chapter 4 of Title 46 of the Official Code of Georgia Anno tated, relating to the distribution, storage, and sale of gas, so as to provide that under certain conditions gas services furnished by a local gas company to a large commercial or industrial customer shall not be subject to rates pre scribed by the Public Service Commission and a local gas company shall be authorized from time to time to negotiate a contract price and other terms for a particular gas service.
Referred to the Committee on Industry.

HB 1154. By Representatives Kinnamon of the 4th, Perry of the llth, Childers of the 13th and Mosley of the 171st:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to the provision of medical services to inmates.
Referred to the Committee on State Institutions & Property.

HB 1155. By Representatives Kinnamon of the 4th, Childers of the 13th, Perry of the llth, Shanahan of the 10th and Mosley of the 171st:
A bill to amend Chapter 12 of Title 43 of the Official Code of Georgia Anno tated, relating to peddling, business operation, or professional practice by disabled veterans and blind persons, and Chapter 13 of Title 48 of the Offi cial Code of Georgia Annotated, relating to specific, business, and occupa tional taxes, so as to provide for an exemption from occupation taxes and regulatory fees of local governments for certain disabled veterans and blind persons.
Referred to the Committee on Ways & Means.

20

JOURNAL OF THE HOUSE,

HB 1156. By Representatives Purcell of the 9th and Smyre of the 136th:
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 North Georgia College Reserve Officers' Training Corps Grant Program, so as to provide that tui tion charges for nonresident students enrolled in the ROTC program at North Georgia College shall be the same as tuition charges for resident stu dents.
Referred to the Committee on University System of Georgia.

HB 1157. By Representatives Dobbs of the 92nd and Porter of the 143rd:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," so as to define a certain term; to provide that under certain conditions, the pur chaser of contaminated real property shall not be liable for damages related to such contamination.
Referred to the Committee on Natural Resources & Environment.

HB 1158. By Representative Dobbs of the 92nd:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Anno tated, relating to general provisions affecting eminent domain, so as to pro vide for the payment by the condemnor of reasonable expenses, including attorney's fees, incurred by the condemnee in determining just and adequate compensation; to provide for the payment of expenses in original proceedings brought under Chapter 2 of Title 22 or appeals brought under Chapter 3 of Title 32.
Referred to the Committee on Judiciary.

HB 1159. By Representatives Carter of the 166th, Smith of the 174th, DeLoach of the 172nd, Tillman of the 173rd and Streat of the 167th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net.
Referred to the Committee on Game, Fish & Parks.

HB 1160. By Representative Carter of the 166th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to the classification of vessels and required equipment, so as to provide that certain vessels shall be equipped with certain types of life preservers.
Referred to the Committee on Game, Fish & Parks.

HB 1161. By Representative Carter of the 166th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide that private agents for ves sel registration may charge a certain fee.
Referred to the Committee on Game, Fish & Parks.

MONDAY, JANUARY 8, 1996

21

HB 1162. By Representative Carter of the 166th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the Department of Natural Resources may regulate fishing on fish hatcheries; to provide that the Board of Natural Resources may establish creel and pos session limits and size restrictions on taking certain species of fish.
Referred to the Committee on Game, Fish & Parks.

HB 1163. By Representative Ladd of the 59th:
A bill to amend Code Section 48-8-102 of the Official Code of Georgia Anno tated, relating to the levy of the homestead option sales and use tax, so as to repeal certain limitations with respect to the levy of such tax.
Referred to the Committee on Ways & Means.

HB 1164. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to provide for application of said article to consolidated govern ments.
Referred to the Committee on Ways & Means.

HB 1165. By Representatives McBee of the 88th, Taylor of the 134th, Godbee of the 145th and Kaye of the 37th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing generally, so as to authorize the issuance of "Helping Schools" license plates.
Referred to the Committee on Motor Vehicles.

HB 1166. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain capital outlay projects consisting of public safety facilities and related equipment or airport facilities and related equipment, or both.
Referred to the Committee on Ways & Means.

HB 1167. By Representatives Jones of the 71st, Powell of the 23rd, Watson of the 139th and Henson of the 65th:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the registration of home build ers and remodelers; to provide for a short title; to provide for definitions; to require the annual registration of home builders and remodelers with the Secretary of State.
Referred to the Committee on Industry.

22

JOURNAL OF THE HOUSE,

HB 1168. By Representatives Barnard of the 154th, Greene of the 158th, Bostick of the 165th, Dobbs of the 92nd, Perry of the llth and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is committed by proscribed conduct in jails and penal and correctional institu tions.
Referred to the Committee on Judiciary.

HB 1169. By Representatives Walker of the 141st, Murphy of the 18th, Baker of the 70th, Lee of the 94th, McBee of the 88th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia State Museum Authority; to create the Georgia State Museum Authority Overview Committee of the General Assembly.
Referred to the Committee on State Planning & Community Affairs.

HB 1170. By Representatives Walker of the 141st, Royal of the 164th and Bostick of the 165th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agen cies, boards, bureaus, commissions, authorities, and similar bodies.
Referred to the Committee on Judiciary.

HB 1171. By Representative Smith of the 109th:
A bill to amend Code Section 5-6-38 of the Official Code of Georgia Anno tated, relating to time for filing notices of appeal, so as to provide for limita tions upon out-of-time appeals in criminal cases.
Referred to the Committee on Judiciary.

HB 1172. By Representative Smith of the 109th:
A bill to amend Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning executions and judicial sales, so as to provide that an officer charged with the duty of enforcing a judgment by execution has the right to enter peaceably the prop erty or premises of the execution debtor and to take with him or her such person as he or she deems necessary to assist such officer in performing his or her duty.
Referred to the Committee on Judiciary.

HB 1173. By Representative Smith of the 109th:
A bill to amend Code Section 9-14-42 of the Official Code of Georgia Anno tated, relating to grounds for a writ of habeas corpus of proceedings resulting in a criminal conviction, so as to prohibit the use of such writ to challenge the validity of a person's criminal conviction if there has been a direct appeal of that conviction.
Referred to the Committee on Special Judiciary.

MONDAY, JANUARY 8, 1996

23

HB 1174. By Representative Murphy of the 18th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Anno tated, relating to exemptions from the real estate transfer tax, so as to pro vide an exemption with respect to foreclosure sales.
Referred to the Committee on Ways & Means.

HB 1175. By Representative Murphy of the 18th:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Anno tated, relating to maintenance, filing, and effectiveness of insurers' rates, rat ing plans, rating systems, and underwriting rules, so as to establish certain limitations with respect to loss reserves of workers' compensation insurers.
Referred to the Committee on Insurance.

HB 1176. By Representatives Jones of the 71st, Henson of the 65th, Taylor of the 134th, Hugley of the 133rd and Hegstrom of the 66th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide that it shall be an unfair business practice to discriminate against a person based on his or her gender in the pricing of goods or services.
Referred to the Committee on State Planning & Community Affairs.

HB 1177. By Representatives Jamieson of the 22nd, Childers of the 13th, Bostick of the 165th, Smith of the 12th, Porter of the 143rd and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to conflicts of interest of public officers and employees, so as to provide additional legis lative declarations; to provide that a public officer or employee shall recuse himself or herself from acting on any matter in which he or she has an eco nomic interest.
Referred to the Committee on Judiciary.

HB 1178. By Representative McKinney of the 51st:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Anno tated, relating to disposition of municipal property generally, so as to autho rize certain disposition of forfeited and other property to sworn law enforcement officers.
Referred to the Committee on Public Safety.

HB 1179. By Representative McKinney of the 51st:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Anno tated, relating to mass transportation, so as to authorize certain public agen cies, public bodies corporate, public corporations, and public authorities to provide transit services or transit facilities by contract to counties, munici palities, or political subdivisions.
Referred to the Committee on State Planning & Community Affairs.

24

JOURNAL OF THE HOUSE,

HB 1180. By Representatives Pinholster of the 15th, Stencil of the 16th and Harris of the 17th:
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 immu nity for charitable organizations and their members and volunteers in certain circumstances; to provide for exceptions; to provide that this Act does not repeal any other provision of law providing immunity from whatever source.
Referred to the Committee on Judiciary.

HB 1181. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincor porated areas of the county; to determine whether the retail sale of wine should be allowed at farm wineries only; to determine whether animal control regulations should be established and an animal control department created.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1182. By Representative Wall of the 82nd:
A bill to amend Code Section 50-18-71 of the Official Code of Georgia Anno tated, relating to the right of access to certain public records, so as to increase the fee for making photocopies of such documents.
Referred to the Committee on Judiciary.

HB 1183. By Representatives Ladd of the 59th, Crawford of the 129th, Williams of the 114th and Henson of the 65th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Anno tated, relating to health maintenance organizations, so as to prohibit such organizations and health care networks from requiring employees or members thereof to agree not to provide certain information; to provide that certain contract provisions are void.
Referred to the Committee on Health & Ecology.

HB 1184. By Representative Wall of the 82nd:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that the act of leaving a child unat tended in a motor vehicle shall constitute the crime of cruelty to children; to provide that the act of leaving an animal unattended in an enclosed vehi cle shall constitute cruelty to animals.
Referred to the Committee on Special Judiciary.

HB 1185. By Representatives Wall of the 82nd, Breedlove of the 85th, Johnston of the 81st, Crews of the 78th, Coleman of the 80th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a seventh judge of the superior courts of the Gwinnett Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 8, 1996

25

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
Referred to the Committee on Appropriations.

HR 728. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes.
Referred to the Committee on Ways & Means.

HR 729. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 730. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 731. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to provide for the imposition of a state-wide sales and use tax of 1 percent, the proceeds of which shall be used for educational purposes prior to the college or postsecondary level.
Referred to the Committee on Ways & Means.

HR 736. By Representative Parham of the 122nd:
A resolution requiring an audit of certain transactions for which the state may be owed rebates.
Referred to the Committee on Health & Ecology.

HR 738. By Representative Woods of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that state tax revenues shall be paid into the general fund of the state trea sury and all other moneys paid to the state shall be retained by the agency designated by law to receive them, subject to expenditure by such receiving agency as provided by law.
Referred to the Committee on Ways & Means.

26

JOURNAL OF THE HOUSE,

HR 739. By Representative Woods of the 32nd:
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.
Referred to the Committee on Judiciary.

HR 740. By Representative Woods of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide for a minimum mandatory sentence for the crime of voluntary manslaughter.
Referred to the Committee on Special Judiciary.

HR 741. By Representative Woods of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for limitations and restric tions on the powers and authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence.
Referred to the Committee on Judiciary.

HR 749. By Representative Woods of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide for limitations and restrictions on the powers and authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence.
Referred to the Committee on State Institutions & Property.

HR 750. By Representatives Watson of the 139th, Epps of the 131st, Hugley of the 133rd and Lee of the 94th:
A resolution creating the House Lottery Retailers Study Committee.
Referred to the Committee on Industry.

HR 751. By Representatives Dobbs of the 92nd, Crews of the 78th, Barnes of the 33rd and Johnson of the 84th:
A resolution compensating Lamar and Catherine Banks.
Referred to the Committee on Appropriations.

HR 752. By Representative McKinney of the 51st:
A resolution urging the Georgia delegation to the United States Congress to initiate procedures necessary to submit a proposed amendment to the United States Constitution imposing term limits on federal judges.
Referred to the Committee on Judiciary.

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

MONDAY, JANUARY 8, 1996

27

HB 1064 HB 1066 HB 1067 HB 1068 HB 1069 HB 1070 HB 1071
HR IOT? HR 1074
HR !n7^
HB W76
HHBB 11007778 HB 1080 HB 1081 HB 1082 HB 1083 HB 1084

HB 1085 HB 1086 HB 1087 HB 1088 HB 1089 HB 1090 HB 1091
HB 1092 HB 1093
HB 1094
HB 1095
TM HS HR 581 HR 600 HR 662 HR 689 SR 86

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

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

SR 381. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the House of Representatives that the Senate has con vened.

SR 382. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the Governor that the General Assembly has convened.
The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Ray of the 19th, Perdue of the 18th, Hooks of the 14th, Edge of the 28th and Marable of the 52nd.

SR 383. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment on January 12, 1996, and reconvening on January 22, 1996.

The following Resolution of the Senate was read and adopted:

SR 382. By Senators Ray of the 19th and Perdue of the 18th: A resolution to notify the Governor that the General Assembly has convened.

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

The following Resolutions of the House were read and adopted:

28

JOURNAL OF THE HOUSE,

HR 755. By Representatives Ray of the 128th, Murphy of the 18th, Connell of the 115th and Walker of the 141st:
A resolution commending the importance of the arts to the State of Georgia and commending the Georgia Citizens for the Arts.

HR 756. By Representative Parrish of the 144th:
A resolution expressing regret at the passing of the Reverend Lucious Merrion.

HR 757. By Representatives Ray of the 128th and James of the 140th: A resolution recognizing and commending Helen Purser Faircloth.

HR 758. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution honoring Robin Fech.

HR 759. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Smyre of the 136th and Stancil of the 91st:
A resolution commending Robert Matthew Sutherland.

HR 760. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution commending Coach Dan Magill.

HR 761. By Representatives Purcell of the 9th, Jamieson of the 22nd, Twiggs of the 8th and Rogers of the 20th:
A resolution commending Thomas Augustus Arrendale, Jr.

HR 762. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Hugley of the 133rd, Taylor of the 134th and others:
A resolution commending Columbus Police Chief Jim Wetherington.

HR 763. By Representative Smith of the 109th: A resolution commending Mrs. Martha Jo McMahon.

HR 764. By Representatives Smith of the 109th and Jenkins of the 110th: A resolution commending Dr. Jack Tuttle.

HR 765. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Thomas Murrell Shaw, Jr.

HR 766. By Representatives Powell of the 23rd, McCall of the 90th, Murphy of the 18th, Connell of the 115th, Lee of the 94th and others:
A resolution expressing sympathy at the passing of Honorable Charles W. Yeargin.

MONDAY, JANUARY 8, 1996

29

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

HR 753. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Buck of the 135th, Coleman of the 142nd and others:
A resolution commending Celestine Sibley and inviting her to appear before the Georgia House of Representatives.

HR 754. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Mr. Roy J. Cowart and inviting him to appear before the House of Representatives.

The Speaker announced the following committee assignments:

AGRICULTURE & CONSUMER AFFAIRS

(D) Reaves, Chairman (D) Floyd, Vice-Chairman (D) Purcell, Ann, Secretary (R) Barnard (D) Buckner (D) Carter
(R) Cra*w"ford ((RR)) DEvixans
(D) Greene (D) Holland (D) James
(D) McCall

(R) Mills (D) Mosley (R) Pinholster (D) Ray (D) Roberts (D) Rogers
(R) Sanders (D) Shaw
<R> Snellin8
<D) Streat (R) Titus (R) Whitaker
(R) Woods

(D) Coleman, Terry, Chairman (D) Parrish, Vice-Chairman
(D) Greene, Secretary (D) Bostick
(R) Breedlove (R) Campbell <) Carter

SChSil?ders (R) Coker

> (D)

Cr ummmgs

((IDDT\))\ DDT\-aixvoisn,, GTHJraarcrey

(inD{) VDixIton, Sonny

D GodbL

(D) Hanner

(D) Holmes (D) Hudson
(D) Jenkins
(D) Lane

APPROPRIATIONS
(D) Lee (D) Lucas (D) Martin (D) McKinney (R) Mueller (D) Orrock (D) Perry
<(DD)) Ppoowrteelrl
(D) R mS) RReave, s (,~D,,,) %eSiinmkpfsj po]nri (^> ^Smittlh, TLarry (D> Smith' Tommy (R) Smith' Willou
(D) Smye (D) Snow (D) Stancil, Frank (R) Stancil, Steve

30

JOURNAL OF THE HOUSE,

(R) Titus (R) Towery (D) Twiggs (D) Walker, Larry (D) Watson
(D) Watts

(R) Williams, Betty Jo (R) Williams, Robin
(R) Yates (D) Buck, Ex-Officio (D) Jamieson, Ex-Officio

BANKS & BANKING

(D) Watts, Chairman (D) Smith, Larry, Vice-Chairman (D) Stallings, Secretary (D) Anderson (R) Ashe (D) Bailey R Bannister (D) Barnes (D) Bates (R) Burkhalter (D) Epps
(R) Falls
(D) Floyd
(D) Golden

(R) Goodwin (R) Harbin (D) Howard (R) Klein (R) Lakly (R) Lawrence (D) ,R, <D) (R) Sauder
() Thomas
(R) Wall
(D) White

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

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

DEFENSE & VETERANS AFFAIRS

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

(R) Ehrhart (D) Heckstall
(R) Mann (D) Poston (D) Purcell, Ben (R) Smith, Clint
(D) Stephenson

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

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

ETHICS

MONDAY, JANUARY 8, 1996

31

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

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

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

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

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

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

HUMAN RELATIONS & AGING

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

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

INDUSTRIAL RELATIONS

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

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

32

JOURNAL OF THE HOUSE,

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

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

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

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

INTERSTATE COOPERATION

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

(D) Golden (D) Stanley, LaNett

INTRA-GOVERNMENTAL COORDINATION

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

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

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

JOURNALS
(R) Johnston (D) Thomas (R) Westmoreland

(D) Chambless, Chairman
(D) Bostick, Vice-Chairman (D) Barnes, Secretary (D) Alien (D) Baker

JUDICIARY
(D) Bordeaux (R) Campbell (R) Crawford (R) Davis, Max (D) Kinnamon

MONDAY, JANUARY 8, 1996

33

(D) Martin (D) Poston
(D) Reichert

(D) Simpson (D) Walker, Larry

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT

(D) Smith, Tommy, Chairman (D) Holland, Vice-Chairman (D) Perry, Secretary (R) Bunn
S! 2ix
S fen (R) Harris (D) Hegstrom (R) Lawrence (D) Lewis

(D) Lucas (D) McCall (D) Polak (D) purcell, Ann (D) Rogers
( (D> Stanley, LaNett (R) Westmoreland (R) Yates

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

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

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

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

NATURAL RESOURCES AND ENVIRONMENT

(D) Hanner, Chairman (D) Bailey, Vice-Chairman (D) Tillman, Secretary (R) Ashe (D) Barfoot (R) Breedlove (R) Coleman, Brooks (D) Coleman, Terry (D) Dobbs ((DR)) EFlvoaynds
(D) James (D) Jamieson
(R) Johnson, Jere
(D) Lane

(D) Lord (R) Mann (D) McCall (R) Mueller (R) Parsons (D) Polak (T\\ " ,, <(R)> Shanahan
(R) shiPP (D) Smith, Charlie
(D) Smith, Paul
(D) Teper

PUBLIC SAFETY

(D) Twiggs, Chairman (D) Mobley, John, Vice-Chairman (D) Streat, Secretary

(R) Coker (D) Coleman, Terry (D) Davis, Grace

34

JOURNAL OF THE HOUSE,

(R) Day (R) Dix

(D) Jenkins (R) Johnston

REGULATED BEVERAGES

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

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

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

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

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

RULES
(D) Hudson (R) Irvin (R) Lawrence (R) Mueller (D) Parham (D) Parrish (D) Randall (R) Smith, Willou (D) Smyre (R) Stancil, Steve (D) Walker, Larry (R) Wall (D) Watson (D) Watts (R) Williams, Betty Jo

SPECIAL JUDICIARY

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

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

SPECIAL RULES (POLICY)

(D) Murphy, Mr. Speaker, Chairman (D) Bostick (D) Buck

(D) Connell (D) Davis, Grace (D) Lee

MONDAY, JANUARY 8, 1996

35

(D) Parrish (D) Purcell, Ann

(D) Stanley, LaNett (D) Walker, Larry

STATE INSTITUTIONS & PROPERTY

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

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

STATE PLANNING AND COMMUNITY AFFAIRS

(D) Royal, Chairman (D) Bates, Vice-Chairman (D) Smith, Paul, Secretary (R) Brooks, Donna
(((RR>)) DFeehlL?tononnacehJ!, BDud,d,y (R) Harris (D) Heckstall (R) Hembree

(D) Howard (R) Irvin (D) Jamieson (D) McClinton
^ (D) DRMaon,,bdl.eo,,yl,p,'.hJohn & Shanahan (R) Stancil, Steve (D) Stanley, Pam

(D) Benefield, Chairman (D) Snow, Vice-Chairman (D) Streat, Secretary (D) Birdsong (R) Brooks, Donna (D) Channell (D) Dixon, Sonny D Dobbs ((KD)) hGivoadnbsee
(R) Grindley
(R) Johnson, Jere
(R) Kaye
(R) Ladd
(R) Lifsey

TRANSPORTATION
(D) Mobley, Barbara (D) Mosley (R) Pinholster (D) Rogers (R) Sanders (D) Scoggins (D) Sherriu (D) Smith Paul ,,,, ,,Smi.,t1h, TVTance <R> Snellln8 <D) Tillman (R) Whitaker (R) Williams, Jeff (R) Woods

UNIVERSITY SYSTEM OF GEORGIA

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

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

WAYS & MEANS

36

JOURNAL OF THE HOUSE,

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

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

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

Mr. Speaker:

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

HB 506 Do Pass HB 588 Do Pass HB 679 Do Pass, by Substitute HB 691 Do Pass, by Substitute HB 743 Do Pass HB 749 Do Pass, by Substitute HB 773 Do Pass, by Substitute HB 782 Do Pass HB 845 Do Pass

HB 896 Do Pass HB 958 Do Pass, by Substitute HB 977 Do Pass HB 978 Do Pass, by Substitute HB 1012 Do Pass, by Substitute HB 1015 Do Pass HB 1047 Do Pass, by Substitute HB 1070 Do Pass

Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 265 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

TUESDAY, JANUARY 9, 1996

37

Representative Hall, Atlanta, Georgia Tuesday, January 9, 1996

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:

Alien Ashe Bannister Bargeron Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Brooks, D Brooks, T Brown, J Buck Bunn Byrd Canty Carter Chambless CbanneU Coker Coleman, B Coleman, T Connell Crawford Crews Culbreth Cummings

DeLoach, B DeLoach, G
Dix
Dixon, S Dobbs Ehrhart Epps Evans Falls Felton Floyd Godbee Golden
Greene Grindley
Hanner
Harbin
Heard Heckstall Hembree Henson Holland Holmes Howard Hudson Hugley Irvin James Jamieson

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

Parrish Parsons Pelote Perry Pinholster Polak Porter Powell Purcell, A Purcell, B Randolph Bay Reaves Reichert
Roberts Rogers Royal Sanders Sauder Scoggins Shanahan Shaw Sherrill Shipp Skipper Smith, C Smith, C.W Smith, L Smith, P

Smith, T Smith, V Smith, W Snelling Snow S tailings Stancil, F Stancil, S Streat Taylor Teper Thomas Tillman Titus Trense Twiggs Walker, L Walker, R.L Wall Watson Watts Westmorland Whitaker White Williams, B Williams, R Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Stanley of the 50th, Goodwin of the 79th, Davis of the 48th, Hegstrom of the 66th, Burkhalter of the 41st, Davis of the 60th, Turnquest of the 73rd, Brush of the 112th, Dixon of the 168th, Wiles of the 34th, Orrock of the 56th, Campbell of the 42nd, Simpson of the 101st, Childers of the 13th, Harris of the 17th, Sinkfield of the 57th, Williams of the 83rd, Day of the 153rd, Smyre of the 136th, Stanley of the 49th, Towery of the 30th, Buckner of the 95th and Teague of the 58th.
They wish to be recorded as present.

Prayer was offered by the Reverend Mickey Tomberlin, Pastor, House of Worship and Ministries, Jesup, 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.

38

JOURNAL OF THE HOUSE,

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

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

HB 1100. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," so as to repeal the intangible per sonal property tax; to change the definition of the term "intangible personal property" as it applies to said title.
Referred to the Committee on Ways & Means.

HB 1101. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," so as to repeal the intangible per sonal property tax; to change the definition of the term "intangible personal property" as it applies to said title; to change certain references to the intan gible personal property tax laws; to provide that certain provisions of former laws relating to intangible personal property taxes shall be applicable to other provisions of law.
Referred to the Committee on Ways & Means.

HB 1102. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th 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 remove the limitation on the maximum amount of certain intangible tax payable with respect to any single note.
Referred to the Committee on Ways & Means.

HB 1104. By Representatives Kaye of the 37th, Joyce of the 1st, Woods of the 32nd, Mills of the 21st, Yates of the 106th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to change who may review certain budget requests and make certain budget unit object class transfers.
Referred to the Committee on Appropriations.

TUESDAY, JANUARY 9, 1996

39

HB 1118. By Representatives Mosley of the 171st, DeLoach of the 172nd, Shaw of the 176th, Barnard of the 154th, Ray of the 128th and others:
A bill to amend Code Section 12-8-25.3 of the Official Code of Georgia Anno tated, relating to certain restrictions on landfill sites, so as to provide restric tions on landfills adjacent to certain bombing range facilities.
Referred to the Committee on Natural Resources & Environment.

HB 1124. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Anno tated, relating to forms of payment of taxes and license fees, so as to autho rize the state revenue commissioner to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer.
Referred to the Committee on Ways & Means.

HB 1125. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.

HB 1187. By Representative Day of the 153rd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide for the offense of public masturbation.
Referred to the Committee on Special Judiciary.

HB 1188. By Representatives Smith of the 109th and Chambless of the 163rd:
A bill to amend Code Section 40-13-23 of the Official Code of Georgia Anno tated, relating to the trial of misdemeanor traffic offenses in municipal courts and probate courts, the waiver of a jury trial, and the withdrawal of a waiver, so as to change the provisions relating to the posting of cash bonds or driv ers' licenses in lieu of bail.
Referred to the Committee on Judiciary.

HB 1189. By Representatives Burkhalter of the 41st, Henson of the 65th, Ashe of the 46th, Towery of the 30th and Heard of the 89th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to require certain policies which provide maternity benefits to provide a minimum time period of inpatient care for a mother and her newborn infant following delivery of the infant.
Referred to the Committee on Insurance.

40

JOURNAL OF THE HOUSE,

HB 1190. By Representatives Purcell of the 9th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th, Lord of the 121st and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its depart ments or agencies, so as to increase the authority for payment of small claims by the Claims Advisory Board.
Referred to the Committee on Appropriations.

HB 1191. By Representatives Dixon of the 168th, Golden of the 177th and Epps of the 131st:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide a definition; to provide for the levy and imposition of an excise tax on cider.
Referred to the Committee on Regulated Beverages.

HB 1192. By Representatives Royal of the 164th, Bates of the 179th, Smith of the 12th, Mobley of the 86th, Jamieson of the 22nd and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Anno tated, relating to annexation, so as to revise substantially provisions regard ing annexation pursuant to resolution and referendum and annexation by local Act of the General Assembly; to provide for definitions; to provide for annexation standards and requirements.
Referred to the Committee on State Planning & Community Affairs.

HB 1193. By Representatives Powell of the 23rd, Coleman of the 142nd, Watson of the 139th, Parrish of the 144th, Parham of the 122nd 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.
Referred to the Committee on State Institutions & Property.

HB 1194. By Representatives Powell of the 23rd and Harbin of the 113th:
A bill to amend Code Section 33-23-18, relating to licensing of insurance agents, counselors, and adjusters, so as to provide an exemption from contin uing education requirements for persons over the age of 65.
Referred to the Committee on Insurance.

HB 1195. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th, Crawford of the 129th, Reichert of the 126th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 9, 1996

41

HB 1196. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th, Crawford of the 129th, Reichert of the 126th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1197. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th, Crawford of the 129th, Reichert of the 126th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against persons, so as to increase minimum penalties for aggravated assault and aggravated battery against employees of the Department of Children and Youth Services.
Referred to the Committee on Judiciary.

HB 1198. By Representatives Barnard of the 154th, Streat of the 167th, Dixon of the 150th, Benefield of the 96th Mueller of the 152nd and others:
A bill to amend Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, so as to authorize municipal ordinances for the issuance of permits to certain charita ble organizations for the solicitation of contributions on the streets and high ways within the corporate limits.
Referred to the Committee on Motor Vehicles.

HB 1199. By Representatives Buck of the 135th and Banner of the 159th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoe nas and notices to produce, so as to provide that persons employed by the Department of Natural Resources as corrections officers shall be entitled to certain witness fees.
Referred to the Committee on Natural Resources & Environment.

HB 1200. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-6-35 of the Official Code of Georgia Anno tated, relating to certification of fixed assessments of certain intangible per sonal property to tax commissioners or tax receivers, so as to extend the time allowed for taxpayer appeals.
Referred to the Committee on Ways & Means.

HB 1201. By Representative Lord of the 121st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Washington County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

42

JOURNAL OF THE HOUSE,

HB 1202. By Representatives Godbee of the 145th, Purcell of the 147th and Smith of the 175th:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to educational capital funding, so as to change a definition; to change the provisions relating to additional funding for school systems hav ing exceptional growth.
Referred to the Committee on Education.

HB 1203. By Representative Irvin of the 45th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, known as "The Zoning Procedures Act," so as to provide for a mini mum time period for presentation at hearings on proposed zoning decisions.
Referred to the Committee on State Planning & Community Affairs.

HB 1204. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Calhoun County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1205. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Clay County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 732. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 2 percent, which rate of taxation may be adjusted as necessary by the General Assem bly, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 733. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 2 percent, which rate of taxation may be adjusted as necessary by the General Assem bly, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 9, 1996

43

HR 734. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and others:
A resolution proposing an amendment to the Constitution so as to provide that intangible personal property may be a separate class of property for purposes of taxation; to authorize the repeal of any intangible personal prop erty tax by general law without approval in a referendum.
Referred to the Committee on Ways & Means.

HR 767. By Representatives Reichert of the 126th, Randall of the 127th, Falls of the 125th, Lucas of the 124th, Ray of the 128th and others:
A resolution commending Pilot International and designating Pilot Interna tional Day in Georgia.
Referred to the Committee on State Planning & Community Affairs.

HR 768. By Representatives Irvin of the 45th, Ehrhart of the 36th, Mueller of the 152nd and Evans of the 28th:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 769. By Representatives Godbee of the 145th, Murphy of the 18th, Smyre of the 136th, Cummings of the 27th, Walker of the 141st and others:
A resolution creating a Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act".
Referred to the Committee on Education.

HR 770. By Representatives Murphy of the 18th, Godbee of the 145th, Lee of the 94th, Kaye of the 37th and Irvin of the 45th:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

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

HB 1207. By Representative Connell of the 115th:
A bill to create the Augusta-Richmond Consolidated Government Coliseum Authority Act.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1208. By Representatives Carter of the 166th, Bostick of the 165th, Walker of the 141st and Chambless of the 163rd:
A bill to amend Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgement garnishment proceedings, so as to change a procedure for signing and approving an affidavit for issuance of a summons of garnishment.
Referred to the Committee on Judiciary.

44

JOURNAL OF THE HOUSE,

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

HB 1098
HB 1099
HB 1106 HB 1108 HB 1109 HB 1110 HB 1111

HB 1164
HB 1165
HB 1166 HB 1167 HB 1168 HB 1169 HB 1170

55
liD
HrlRli

iiT^
1117
1I1li1a0

HB 1122

H HRB 11112967

HB H28

HR 11M

HtitBs

US llo4

rTrTllDBTJ 1138
IrTlrTsJ

HR HR Mrs

HB 1149 HR ii^n

HBR i1J1w51 HB 1152

HB
U"Q
HTTTBJ TTTJ
THTBT2 -1I-1, 7rtfbf
HB 117? HB 1178 HB U79 jjg 1180 HTJJI2i l1 l1eQlI
HB 1184
HB 118b HTiRp 772n8q TMTM

TTTJ

11C,I

H wB n 1II1K0K4

HB 1155

HB 1156

HB 1157 TTTJ 1 1 erj HB 1158

HB 1159

HB 1160

HB 1161

HB 1162

HB 1163

""
THTKTJ
TTTJ

'
r',n*a"
7qS

HR

739

HR 74

HR 741

HR 749

HR 750

HR 751

HR 752

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

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

HR 746. By Representatives Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The President has appointed as a Committee of Escort on the part of the Senate the following:

TUESDAY, JANUARY 9, 1996

45

Senators Bowen of the 13th, Brown of the 26th, Taylor of the 12th, Starr of the 44th, Abernathy of the 38th, Middleton of the 50th, Perdue of the 18th, Ray of the 19th and Land of the 16th.

HR 747. By Representatives Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor.

HR 748. By Representatives Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

Representative Evans of the 28th arose to a point of personal privilege and addressed the House.

Representative Irvin of the 45th arose to a point of personal privilege and addressed the House.

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

HR 771. By Representatives Stancil of the 91st, Smyre of the 136th and McBee of the 88th:
A resolution commending exceptional members of 4-H and inviting them to appear before the House of Representatives and recognizing the observance of 4-H Day at the state capitol.

The following Resolutions of the House were read and adopted:

HR 772. By Representative Stancil of the 91st: A resolution commending Julie Mills.

HR 773. By Representative Parrish of the 144th: A resolution recognizing and commending Jocelyn Powell.

HR 774. By Representatives Kinnamon of the 4th, Mann of the 5th and Lifsey of the 6th:
A resolution recognizing and commending Autumn Stevenson.

HR 775. By Representatives Mann of the 5th, Kinnamon of the 4th and Lifsey of the 6th:
A resolution recognizing and commending Heather Roark.

HR 776. By Representatives McCall of the 90th and Channell of the lllth: A resolution recognizing and commending Supria Kuppuswamy.

46

JOURNAL OF THE HOUSE,

HR 777. By Representatives Godbee of the 145th and Lane of the 146th: A resolution recognizing and commending Rachel Martin.

HR 778. By Representative Bostick of the 165th: A resolution recognizing and commending Odin Stephens.

HR 779. By Representative Purcell of the 147th: A resolution recognizing and commending Kimberly Coursey.

HR 780. By Representative Smith of the 109th: A resolution recognizing and commending Elizabeth Daniel.

HR 781. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution congratulating Daniel Lee (Lee) and Margie Mae (Trixie) Wil liams on the occasion of their 50th wedding anniversary.

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

HB 1168.

By Representatives Barnard of the 154th, Greene of the 158th, Bostick of the 165th, Dobbs of the 92nd, Perry of the llth and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is committed by proscribed conduct in jails and penal and correctional institu tions.

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

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

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to provide for an exemption for certain food items with respect to the levy or imposition of certain sales and use taxes; to phase in such exemption over a specified time period; to provide for applicability of such exemption to certain local sales and use taxes; to provide for powers, duties, and authority of the state revenue com missioner with respect to the foregoing; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, JANUARY 9, 1996

47

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 the sales and use tax, is amended by striking "or" at the end of paragraph (55), by striking the period at the end of paragraph (56) and inserting in its place "; or", and by adding a new para graph immediately following paragraph (56) of Code Section 48-8-3, relating to exemptions from the state sales and use tax, to be designated paragraph (57), to read as follows:
"(57)(A) The sale for off-premises human consumption or use of eligible foods and beverages, to the extent provided in subparagraph (B) of this paragraph. (B) A transaction described in subparagraph (A) of this paragraph shall be exempt from sales and use tax only if occurring on or after October 1, 1996, and only to the extent set forth in divisions (i) through (iii) of this subparagraph as follows:
(i) For a transaction occurring during the period from October 1, 1996, through September 30, 1997, to the extent of 50 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; (ii) For a transaction occurring during the period from October 1, 1997, through September 30, 1998, to the extent of 75 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; and (iii) For a transaction occurring on or after October 1, 1998, to the extent of 100 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed. (C) For the purposes of this paragraph, 'eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, except that eligible food and beverages shall not include seeds or plants to grow food and shall not include food or drink dispensed by or through vending machines or related operations. (D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 of this chapter. (ii) Except as otherwise provided in division (i) of this subparagraph, the exemp tion provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax. (iii) Except as otherwise provided in division (i) of this subparagraph, the exemp tion provided for in this paragraph shall apply with respect to any local sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwith standing any provision to the contrary in the law authorizing or imposing such tax. (iv) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, 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, including, 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, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter. (E) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph."
SECTION 2. Said chapter is further amended by striking Code Section 48-8-82, relating to the imposi tion and applicability of the joint county and municipal sales and use tax, and inserting in its place a new Code Section 48-8-82 to read as follows:
"48-8-82.

48

JOURNAL OF THE HOUSE,

When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be sub ject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages only to the extent pro vided for in paragraph (57) of Code Section 48-8-3."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 48-8-102, relat ing to the imposition and applicability of the homestead option sales and use tax, and inserting in its place a new subsection (b) to read as follows:
"(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 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3."
SECTION 4. Said chapter is further amended by striking Code Section 48-8-110, relating to the imposi tion and applicability of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-110 to read as follows:
"48-8-110.
The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be sub ject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Ladd of the 59th moves to amend the Committee substitute to HB 265 by striking lines 18 through 37 of page 2 and inserting in their places the following:
"(D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 2 of this chapter, by or pursuant to Article 2A of this chapter, or by or pursuant to Article 3 of this chapter.
(ii) Except as otherwise provided in division (i) of this subparagraph, the exemp tion provided for in this paragraph shall not apply to any local sales and use tax

TUESDAY, JANUARY 9, 1996

49

which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax.
(iii) For the purposes of this subparagraph, the term".
By striking Section 2, 3, and 4 from line 10 of page 3 through line 34 of page 4 and by redesignating Section 5 as Section 2.

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to HB 265 by striking lines 32 through 34 on page 2 and inserting in their place the following:
"after October 1, 1998, notwithstanding any provision to".

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

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

Y Crews Y Culbreth N CummingB N Davis, G Y Davis, M NDay 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 Goodwill N Greene Y Grindley N Manner Y Harbin Y Harris N Heard
Hecks tall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein
YLadd YLakly NLane
Y Lawrence NLee N Lewis Y Lifsey
Lord
Lucas Y Maddox YMann N Martin N McBee
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 YPolak N Porter Y Poston N Powell N Purcell, A N Purcell, B NRandall Y 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 N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W

On the adoption of the amendment, the ayes were 71, nays 101. The amendment was lost.

NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague N Teper N Thomas NTillman Y Titus Y Towery Y Trense
Turnquest NTwiggs N Walker, L Y Walker, R.L YWall N Watson
N Watts
Y Westmorland
N Whitaker
N White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

The following amendment was read:

Representative Irvin of the 45th moves to amend the Committee substitute to HB 265 by striking "October 1, 1996," and inserting in its place "July 1, 1996," on line 26 of page 1.
By striking "October 1, 1996, through September 30, 1997," and inserting in its place "July 1, 1996, through June 30, 1997," on line 30 of page 1.

50

JOURNAL OF THE HOUSE,

By striking "October 1, 1997, through September 30, 1998," on line 2 of page 2 and insert ing in its place "July 1, 1997, through June 30, 1998,".
By striking "October 1, 1998," and inserting in its place "July 1, 1998," on line 7 of page 2.
By striking "October 1, 1996," and inserting in its place "July 1, 1996," on lines 25 and 26 of page 2.
By striking "October 1, 1996," and inserting in its place "July 1, 1996," on line 32 of page 2.
By striking "October 1, 1998," and inserting in its place "July 1, 1998," on line 34 of page 2.

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

N Alien N Anderson YAshe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard NBarnes
Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T 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 Y Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S NDobbs Y Ehrhart NEpps Y Evans Y Falls Y Felton N Floyd NGodbee N Golden Y Goodwill N Greene Y Grindley N Banner Y Harbin Y Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee Y Lewis Y Lifsey NLord
Lucas Y Maddox YMann 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 Y Parsons N Pelote N Perry Y Pinholster NPolak N Porter N 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 N Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W

On the adoption of the amendment, the ayes were 66, nays 106. The amendment was lost.

NSmyre Y Snelling N Snow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague N Teper N Thomas NTiUman Y Titus Y Towery Y Trense
Turnquest NTwiggs N Walker, L Y Walker, R.L Y Wall
N Watson
N Watts
Y Westmorland
N Whitaker
N White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

Representative Ladd of the 59th moved that the House reconsider its action in failing to adopt the first Ladd amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson YAshe N Bailey

N Baker Y Bannister N Barfoot N Bargeron

Y Barnard N Barnes N Bates N Benefield

N Birdsong N Bordeaux N Bostick
Breedlove

Y Brooks, D N Brooks, T
Y Brown, J
Y Brush

TUESDAY, JANUARY 9, 1996

51

NBuck N Buckner
Y Bunn 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 Y Crawford
Y Crews Y Culbreth
N Cummings N Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix N Dixon, H
N Dixon, S N Dobbs YEhrhart N Epps Y Evans Y Falls

Y Felton N Floyd N Godbee N Golden YGoodwin N Greene Y Grindley N Hanner Y Harbin Y Harris
N Heard Heckstall
N Hegstrom Y Hembree N Henson N Holland
N Holmes N Howard N Hudson N Hugley Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein

YLadd YLakly YLane Y Lawrence NLee N Lewis Y Lifsey
Lord Lucas Y Maddox YMann N Martin NMcBee McCall N McClinton N McKinney Y Mills N Mobley, B
N Mobley, J N Mosley Y Muelier N O'Neal
N Orrock NParham N Parrish
Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter YPoston

On the motion, the ayes were 71, nays 100. The motion was lost.

N Powell N Purcell, A N Purcell, B NRandall Y Randolph YRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan
NShaw N Sherrill
Y Shipp N Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T
Y Smith, V Y Smith, W N Smyre Y Snelling
NSnow N Stallings

N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague NTeper N Thomas NTiUman Y Titus Y Towery Y Trense
Turnquest N Twiggs N Walker, L Y Walker, R.L YWall
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

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T 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 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 YEhrhart YEpps Y Evans
Y Falls Y Felton
Y Floyd Y Godbee Y Golden

Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y 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 Y Kinnamon Y Klein

YLadd YLakly NLane 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 Muelier Y O'Neal Y Orrock Y 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 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

52

JOURNAL OF THE HOUSE,

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

Y Teper Y Thomas YTiUman 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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 171, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the votes of Representatives Lucas of the 124th and Heckstall of the 55th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 265 was ordered immediately transmitted to the Senate.

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 728 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

WEDNESDAY, JANUARY 10, 1996

53

Representative Hall, Atlanta, Georgia Wednesday, January 10, 1996

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:

Alien Anderson Bailey
Baker Bannister
Bartoot Bargeron Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove
Brooks, D Brooks, T Brown, J Brush Buck Buckner Bunn Byrd Campbell Canty Carter Chambless Channell
ChUders Coker Coleman, B Coleman, T

Connell Crawford Crews Culbreth Cummings Davis, G Davis, M DeLoach, B Dii Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Falls Felton Floyd Godbee
Good win
Greene
Harbin
Harris
Heard
Hegstrom
Hembree
Henson
Holland
Holmes
Howard
Hudson

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

Orrock Par ham Parsons Pelote Perry Pinholster Polak Porter Poston Powell Purcell, A PurceU, B Randolph Ray Reaves Reichert Rogers Royal Sanders
Sauder
Scoggins Shanalian
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 Stancil, S Stanley, P Stephenson Streat Taylor Teague Teper Thomas Tillman Trense Tumquest Twiggs Walker, L
Wall
Watson
Watts
Westmorland
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 Lewis of the 14th, Grindley of the 35th, Joyce of the 1st, White of the 161st, Jones of the 71st, DeLoach of the 119th, Smyre of the 136th, Titus of the 180th, Stanley of the 50th, Roberts of the 162nd, Day of the 153rd, Lucas of the 124th, Burkhalter of the 41st, Whitaker of the 7th, Heckstall of the 55th, Hanner of the 159th, Shaw of the 176th, Golden of the 177th and Parrish of the 144th.
They wish to be recorded as present.

Prayer was offered by the Reverend Steve Davis, Pastor, First Baptist Church, Carrollton, Georgia.

The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

54

JOURNAL OF THE HOUSE,

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

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

HB 1103. By Representatives Kaye of the 37th, Poston of the 3rd, Lakly of the 105th, Smith of the 102nd, Barnes of the 33rd and others:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials' conduct and disclosure by lob byists, so as to prohibit gratuitous transfers and loans to members of the General Assembly and their spouses and children by lobbyists and persons, organizations, and entities represented by lobbyists.
Referred to the Committee on Rules.

HB 1114. By Representatives Wiles of the 34th, Henson of the 65th, Ashe of the 46th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to require certain policies which provide maternity benefits to provide a minimum time period of inpatient care for a mother and her newborn infant following delivery of the infant.
Referred to the Committee on Insurance.

HB 1115. By Representatives Golden of the 177th, Bates of the 179th, Shaw of the 176th and Reaves of the 178th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Anno tated, relating to the extent of the contempt power of courts, so as to provide that certain unlawful actions of educators as described in this Act shall con stitute contempt of court; to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to education, so as to provide that it shall be unlawful for any educator to discipline, punish, penalize, or take any adverse action against a student because the student is absent from class or otherwise unable to meet the requirements of the course of study as a result of the student being required to attend a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the student at the judicial proceeding.
Referred to the Committee on Education.

WEDNESDAY, JANUARY 10, 1996

55

HB 1130. By Representatives Walker of the 87th, Ladd of the 59th, Williams of the 114th, Lewis of the 14th, Harbin of the 113th and others:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance related fees and taxes, so as to provide that cer tain insurance companies shall be exempt from certain fees and taxes.
Referred to the Committee on Insurance.

HB 1136. By Representative Woods of the 32nd:
A bill to amend Code Section 12-8-25.4 of the Official Code of Georgia Anno tated, relating to certain restrictions on municipal solid waste disposal facili ties, so as to provide for certain restrictions on solid waste transfer facilities.
Referred to the Committee on Natural Resources & Environment.

HB 1139. By Representatives Trense of the 44th, Smith of the 174th, Bannister of the 77th, Brown of the 130th, Mueller of the 152nd and others:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to provide for the distribution of appropriations for certain capital outlay projects.
Referred to the Committee on Industry.

HB 1140. By Representatives Trense of the 44th, Smith of the 174th, Bannister of the 77th, Brown of the 130th, Mueller of the 152nd and others:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to disposition of lottery proceeds, so as to require that the full costs of certain projects and programs be funded by lottery proceeds and restrict the use of other funds therefore.
Referred to the Committee on Industry.

HB 1141. By Representatives Smith of the 175th, Trense of the 44th, Williams of the 83rd, Coleman of the 80th and Godbee of the 145th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to provide for the annual submission to the Board of Regents of a list prepared by each public college or university in this state and each private college or university receiving state funds composed of the number of students of such respective schools who were required to enroll in remedial courses and identifying the local school systems from which such students graduated and the cost per system of providing such remedial instruction; to provide for a report to be prepared by the Board of Regents; to provide for publication of such report; to provide for reimbursement to the state by local school systems.
Referred to the Committee on University System of Georgia.

HB 1142. By Representatives Smith of the 175th, Godbee of the 145th and Trense of the 44th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Student Finance Com mission Act," so as to provide additional eligibility and requirements for par ticipation by certain students in the HOPE scholarship program.
Referred to the Committee on Education.

56

JOURNAL OF THE HOUSE,

HB 1206. By Representatives Day of the 153rd, Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th, Dixon of the 150th and others:
A bill to amend Code Section 50-8-33 of the Official Code of Georgia Anno tated, relating to membership and dues requirements regarding regional development centers, so as to provide that municipalities and counties shall not be required to pay annual membership dues.
Referred to the Committee on State Planning & Community Affairs.

HB 1209. By Representatives Smith of the 175th, Trense of the 44th, Williams of the 83rd, Day of the 153rd, Sherrill of the 62nd and others:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Anno tated, relating to procedural requirements for adoption, amendment, or repeal of rules by state agencies; emergency rules; limitation on actions to contest rules; and legislative override of rules, so as to provide additional requirements relative to the adoption of rules.
Referred to the Committee on State Planning & Community Affairs.

HB 1210. By Representatives Smith of the 175th, Polak of the 67th, Shanahan of the 10th and Sherrill of the 62nd:
A bill to amend Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, so as to change the provisions relating to the filing of financial disclosure statements by members of the General Assembly and candidates for election as members of the General Assembly.
Referred to the Committee on Rules.

HB 1211. By Representatives Ray of the 128th, Murphy of the 18th, Purcell of the 147th, Godbee of the 145th, Childers of the 13th and others:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that voluntary pre-kindergarten programs in this state shall provide for toilet facilities which are enclosed and screened for privacy.
Referred to the Committee on Children and Youth.

HB 1212. By Representatives Trense of the 44th and Ashe of the 46th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to reviews and appeals of ad valorem property tax assess ments, so as to change the provisions relating to temporary tax bills pending appeals.
Referred to the Committee on Ways & Means.

HB 1213. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for legislative intent; to create the Family Court of the Coweta Judicial Circuit as a pilot project of limited duration.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 10, 1996

57

HB 1214. By Representatives Stancil of the 16th, Trense of the 44th, Purcell of the 147th, Godbee of the 145th and Pinholster of the 15th:
A bill to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to the prohibition of pocket pagers or electronic commu nication devices in school, so as to permit the carrying of such devices under board of education policy approved after a public hearing.
Referred to the Committee on Education.

HB 1215. By Representative Simpson of the 101st:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemptions from certificate of need requirements, so as to change the exemption relating to Christian Science sanatoriums.
Referred to the Committee on Health & Ecology.

HB 1216. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception of the pay schedule for a person appointed as secretary to a superior court judge if such secretary has previ ously been employed as a secretary to a judge in this state.
Referred to the Committee on Judiciary.

HB 1217. By Representatives Trense of the 44th and Ashe of the 46th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and responsibilities of the Department of Public Safety, the tax collec tor or tax commissioner of each county, and the chief registrar of each county with respect to jury lists.
Referred to the Committee on Judiciary.

HB 1218. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed as secretary to a superior court judge if such secretary has previ ously been employed as a secretary to a judge in this state.
Referred to the Committee on Judiciary.

HB 1219. By Representative Simpson of the 101st:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions regarding state government, so as to pro vide for the acceptance by governmental agencies of checks drawn upon the account of certain governmental agencies.
Referred to the Committee on State Planning & Community Affairs.

58

JOURNAL OF THE HOUSE,

HB 1220. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for services and reimbursement for certain psychology services.
Referred to the Committee on Health & Ecology.
HB 1221. By Representatives Benefield of the 96th, Lee of the 94th and Bailey of the 93rd:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Anno tated, relating to the enforcement of state minimum standard codes applica ble to construction, so as to provide for alternative inspection of water and sewer lines where the installation is outside the building underground; to provide requirements relative to filing of a certificate of self-inspection.
Referred to the Committee on Industry.
HB 1222. By Representative Simpson of the 101st:
A bill to amend Code Section 3-12-2 of the Official Code of Georgia Anno tated, relating to the establishment of residential community development districts; so as to change certain provisions relative to the method of estab lishment of such districts.
Referred to the Committee on State Planning & Community Affairs.
HB 1223. By Representatives Johnson of the 84th, Coleman of the 80th, Ladd of the 59th, Bannister of the 77th and Crews of the 78th:
A bill to amend Code Section 48-8-102 of the Official Code of Georgia Anno tated, relating to the levy of the homestead option sales and use tax, so as to repeal certain limitations with respect to the levy of such tax.
Referred to the Committee on Ways & Means.

HB 1224. By Representatives Porter of the 143rd and Hanner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain references to regulations promulgated by the Board of Natural Resources and regulations promulgated by the administrator of the federal Environmental Protection Agency.
Referred to the Committee on Natural Resources & Environment.

HB 1225. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the City of Richmond Hill Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1226. By Representative Skipper of the 137th:
A bill to amend Code Section 48-4-76 of the Official Code of Georgia Anno tated, relating to judicial in rem tax foreclosures, so as to authorize the utili zation of such foreclosure provisions with respect to delinquent municipal ad valorem taxes through the adoption of a municipal ordinance or resolution.
Referred to the Committee on Ways & Means.

WEDNESDAY, JANUARY 10, 1996

59

HB 1227. By Representatives Hanner of the 159th, Porter of the 143rd, Carter of the 166th, Royal of the 164th, Coleman of the 142nd and others:
A bill to amend Code Section 12-8-95.1 of the Official Code of Georgia Anno tated, relating to hazardous waste management fees and hazardous substance reporting fees, so as to repeal certain hazardous substance reporting fees.
Referred to the Committee on Natural Resources & Environment.

HB 1228. By Representatives Hanner of the 159th, Carter of the 166th, Shaw of the 176th and Coleman of the 142nd:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flotation devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad.
Referred to the Committee on Game, Fish & Parks.

HB 1229. By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption.
Referred to the Committee on Ways & Means.

HB 1230. By Representatives Powell of the 23rd, Porter of the 143rd, Cummings of the 27th, Brush of the 112th, Harbin of the 113th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit issuance of Class M drivers' licenses and Class M commercial drivers' licenses to persons who have not completed an approved motorcycle operator safety training program; to change the requirement of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain persons.
Referred to the Committee on Motor Vehicles.

HB 1231. By Representatives Stancil of the 16th, Pinholster of the 15th, Mobley of the 86th and Smith of the 12th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning procedures, so as to change the types of zoning deci sions to which such procedures are applicable; to provide for applicability of such procedures of annexed property.
Referred to the Committee on State Planning & Community Affairs.

HB 1232. By Representatives Smith of the 174th, Ehrhart of the 36th, Pinholster of the 15th and Crews of the 78th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as 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 per son has been tested for illegal drugs and the results of such tests are nega tive.
Referred to the Committee on Governmental Affairs.

60

JOURNAL OF THE HOUSE,

HB 1233. By Representatives Stallings of the 100th, Hegstrom of the 66th and Byrd of the 170th:
A bill to amend Code Section 12-3-52 of the Official Code of Georgia Anno tated, relating to archeological exploration, excavation, or surveying, so as to provide for the licensure of public archeologists; to provide that certain pub lic employees shall not, within the scope of their profession, excavate archeological sites without first obtaining a license.
Referred to the Committee on Natural Resources & Environment.

HB 1234. By Representatives Buck of the 135th and Chambless of the 163rd:
A bill to amend Chapter 2 of Title 53 of the Official Code of Georgia Anno tated, relating to wills, so as to provide that affidavits of the testator and attesting witnesses in self-proved wills and codicils are made before an officer authorized to take acknowledgements to deeds of conveyance and to adminis ter oaths under the laws of the state where the will or codicil is executed.
Referred to the Committee on Judiciary.

HB 1235. By Representatives Williams of the 83rd, Chambless of the 163rd, Barnes of the 33rd, Crews of the 78th, Bostick of the 165th and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evidence; to provide for discovery by defendants.
Referred to the Committee on Judiciary.

HB 1236. By Representative Birdsong of the 123rd:
A bill to amend Article 1 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to railroad com panies, so as to provide that after the Public Service Commission has granted a railroad company's application to dispose of property which contains a depot and the railroad company has not disposed of such property within two years following the date that the application was granted, any municipal ity or county wherein such property is located shall be authorized to pur chase such property at its fair market value.
Referred to the Committee on Transportation.

HB 1237. By Representative Birdsong of the 123rd:
A bill to amend Chapter 35 of Title 36 of the Official Code of Georgia Anno tated, relating to municipal home rule powers, so as to provide that the gov erning authority of any municipal corporation may be authorized by local Act of the General Assembly to change the number of members of its municipal governing authority and in connection therewith to reapportion the election districts from which members of the municipal governing authority are elected.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, JANUARY 10, 1996

61

HB 1238. &y Representatives Williams of the 83rd, Johnston of the 81st, Trense of the 44th, Crews of the 78th, Smith of the 175th and others:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to provide that participation by students in certain events or competitions during school hours shall constitute school sponsored noninstructional activities.
Referred to the Committee on Education.

HB 1239. By Representatives Martin of the 47th, Walker of the 141st, Chambless of the 163rd, Bostick of the 165th, Alien of the 117th and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as "The Georgia Indigent Defense Act," so as to create the mental health advocacy division of the Georgia Indigent Defense Council.
Referred to the Committee on Judiciary.

HR 735. By Representatives Smith of the 174th, Kaye of the 37th, Joyce of the 1st, Davis of the 60th, Smith of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for limitations upon the expenditure of certain public funds and for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 742. By Representatives Pelote of the 149th, Thomas of the 148th, Shanahan of the 10th, Smith of the 12th, Dixon of the 150th and others:
A resolution declaring Carbon Monoxide Poisoning Awareness Week and urging the Safety Fire Commissioner, public schools, and local governing authorities to alert the public to the danger of carbon monoxide poisoning.
Referred to the Committee on Industry.

HR 743. By Representatives Smith of the 175th, Shanahan of the 10th, Purcell of the 9th, Day of the 153rd, Lewis of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the School Board of Education by the vot ers of each congressional district and to provide for the appointment of the state school superintendent by the State Board of Education; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Education.

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

HB 1100 HB 1101 HB 1102 HB 1104 HB 1118

HB 1124 HB 1125 HB 1187 HB 1188 HB 1189

62

JOURNAL OF THE HOUSE,

HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 nij nyo HHBB 11119976
HB 1198
HB 1199
HB 1200
HB 1201
HB 1202

HB 1203 HB 1204 HB 1205 HB 1207 HB 1208 WR 7^9 TTMJD <7-3fv3o
HK 734
HR 767
HR 768
HR 769
HR 770

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1160 Do Pass HB 1161 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 Resolution of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HR 333 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 753 Do Pass HR 754 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

WEDNESDAY, JANUARY 10, 1996

63

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 1181 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 332 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

HB 1181.

By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincor porated areas of the county; to determine whether the retail sale of wine should be allowed at farm wineries only; to determine whether animal control regulations should be established and an animal control department created.

The report 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.

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

HB 773. By Representatives Buck of the 135th, Benefield of the 96th, Chambless of the 163rd, Watts of the 26th, Hanner of the 159th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit.

64

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit; to provide for an effective date and automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) Option One shall be known as a 'single life annuity* and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $266.00 $276.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $266.00 $276.00 per month, plus $64.00 $69.00 per month for each additional year of service so credited to the member and in the event the member shall have additional service credit not totaling a full year, the fur ther sum of one-twelfth of the amount paid per month for each additional year of ser vice credit over four years shall be paid for each month of additional service so credited to the member; provided, however, that in no case shall such benefits exceed $1,020.00 $2,070.00 per month; provided, further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors:
(A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retire ment, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amend ment of this Code section."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon YAuhe

Y Bailey Y Baker Y Bannister

Y Barfoot Y Bargeron Y Barnard

Y Barnes Y Bates Y Benefield

Y Birdsong Bordeaux
Y Bostick

WEDNESDAY, JANUARY 10, 1996

65

Y Breedlove
Brooks, D Y Brooks, T 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
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 Diion, S YDobbs

YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce

YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham 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 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 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 YTeague YTeper Y Thomas YTillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 171, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-310 of the Official Code of Georgia Annotated, 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; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to membership of employees of the Georgia Federal-State Shipping Point Inspection Service in the

66

JOURNAL OF THE HOUSE,

Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following:
"(g)(l) Any member who was employed by the inspection service on July 1, 1975, and who was a member on that date shall be eligible to receive up to five years of credit able service under the retirement system for service rendered as an employee of the inspection service prior to becoming a member of the retirement system. Such service shall be in addition to the creditable service authorized by subsection (f) of this Code section. In order to receive such creditable service, the member must pay to the board of trustees the employee contributions of 5 percent of his or her salary on July 1, 1975, for each month of creditable service, together with interest at the rate of 4 per cent compounded annually from July 1, 1975, to the date of payment. The board of trustees may require such documentation as the board finds necessary to verify the period of employment with the inspection service and the compensation received for such employment. The board of trustees shall calculate the amount of payment required to obtain creditable service under this Code section and shall certify such amount to a member who applies for creditable service under this paragraph. (2) The inspection service is authorized to supplement, if necessary, the payment made to the board of trustees pursuant to paragraph (1) of this subsection from funds available to the inspection service. (3) Payments made pursuant to paragraphs (1) and (2) of this subsection shall be made not later than January 1, 1997. The board shall determine whether the amount of creditable service purchased by the total contributions made pursuant to para graphs (1) and (2) of this subsection would warrant, without creating any additional accrued liability of the retirement system, up to five years of creditable service. (4) No creditable service may be obtained pursuant to the provisions of this subsec tion for any period for which creditable service has been or may be obtained under any other provision of this chapter."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien YAnderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard Y Bames Y Bates Y Benefield YBirdsong
Bordeaux YBostick YBreedlove Y Brooks, D Y Brooks, T 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 Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth

Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Diion, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin

Y Gieene Y Grindley Y Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins

Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann

WEDNESDAY, JANUARY 10, 1996

67

Y Martin YMcBee YMcCall Y McClinton
Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry

Y Pinholater YPolak Y Porter YPoston
Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder

Scoggins Y Shanahan YShaw Y Sherrill YShipp 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 StaUings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest

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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to provide that the benefits of retired members who are employed as a peace officer during a certain period of time shall not be affected; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by strik ing in its entirety subsection (g) and inserting in lieu thereof the following:
"(g)(l) Except as provided in paragraph (2) of this subsection, any Aey member who again becomes employed as a peace officer after having been placed on retirement under this Code section shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such member shall be terminated as of the date of such reemployment and shall remain terminated for the duration of such reemployment. During such period of reemployment, said member shall pay regular monthly dues into this fund. Upon meeting the requirements provided by law, such member shall be entitled to all benefits provided for in Code Sections 47-17-81 and 47-17-82; but such member shall not be entitled to any increase in retirement benefits by virtue of service during the period of reemployment unless such reemployment is for a term of three years or more, in which instance such member may again apply for retirement as if he or she had not previously been retired; and he or she shall be entitled to such benefits as may be provided by law at that time, if he or she so chooses.

68

JOURNAL OF THE HOUSE,

(2) The provisions of paragraph (1) of this subsection shall not apply to a retired member employed in any capacity during the period beginning July 1^ 1996, and ending June 30^ 1997."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister
Y Barfoot Bargeron
Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Coleman, T Y Connell 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
Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein
YLadd YLakly 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 YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
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 Y Smith, W

Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
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
Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 782. By Representative Connell of the 115th:
A bill to amend Code Section 47-10-3 of the Official Code of Georgia Anno tated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund, so as to delete a reference to the State Court of Richmond County.

WEDNESDAY, JANUARY 10, 1996

69

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot
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, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Campbell
Y Canty Y Carter Y Chambless YChanneU Y Childers Y Coker Y Coleman, B Y Coleman, T Y Cornell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Davis, M
YDay Y DeLoach, B Y DeLoach, G YDii
Dixon, H Y Dixon, S
Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris 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
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
Lucas Y Maddox
Mann Y Martin
McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
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 Y Smith, W

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was

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

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 506. By Representatives Barnes of the 33rd, Shanahan of the 10th, Bostick of the 165th, Watts of the 26th and Cummings of the 27th:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, so as to provide that the minimum age for retirement shall be reduced from 65 to 60 years of age; to increase the maximum num ber of years of creditable service which may be used to calculate retirement benefits from 16 to 24 years; to change the minimum number of years' ser vice required to qualify for retirement.

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 Alien Y Anderson 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

70

JOURNAL OF THE HOUSE,

Y Breedlove Y Brooks, D Y Brooks, T N Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channel!
Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Davis, M YDay
Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dimn, S N Dobbs

YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris 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 NLakly
Lane Y Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas
Maddox YMann Y Martin YMcBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

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

Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephenson YStreat Y Taylor YTeague Y Teper Y Thomas YTillman 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
N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to Continue the Fulton County School Employees Pen sion Fund," approved April 5, 1994 (Ga. L. 1994, p. 4706), so as to provide a minimum pension amount; to provide that spouses' benefits shall continue after the remarriage of the spouse; to change the definition of a year of service; to provide that there shall be no minimum retirement age; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to Continue the Fulton County School Employees Pension Fund," approved April 5, 1994 (Ga. L. 1994, p. 4706), is amended by striking in its entirety Sec tion 5E, relating to minimum pension benefits, and inserting in lieu thereof the following:

WEDNESDAY, JANUARY 10, 1996

71

"SECTION 5E. Minimum pension benefits. Notwithstanding any other provision of this Act, any person who was a pensioner on July 1, 1994, or who retires after that date shall receive a pension in an amount not less than a sum equal to $17.00 per month multiplied by the number of the pensioner's years of creditable service, not to exceed 40 years. The minimum pension which shall be pay able to the beneficiary of any such person shall be 70 percent of the pension received by such person. Any cost of living adjustments due to any pensioner or beneficiary shall be based on the pension he or she would be entitled to receive under this Act without regard to the provisions of this section, and no such increase shall operate to increase the minimum pension guaranteed by this section. The provisions of this section shall not apply to any person who is receiving a pension under the Teachers Retirement System of Georgia."
SECTION 2. Said Act is further amended by striking in its entirety Section 6B, relating to qualifica tions for spouses' benefits, and inserting in lieu thereof the following:
"SECTION 6B. Qualification for spouse's pension. Notwithstanding any other provision of this Act, the spouse of a deceased member oth erwise entitled to receive a pension, shall be entitled to a pension only if he or she was married to the deceased member prior to his or her retirement or for a period of five years prior to the time when such member was entitled to retire. A pension awarded to a spouse pursuant to this section shall continue for the life of such spouse without regard to his or her remarriage."
SECTION 3. Said Act is further amended by striking in its entirety Section 29, relating to the computa tion of a year of service, and inserting in lieu thereof the following:
"SECTION 29. Computation of years of service. A year of service shall consist of the completion of nine months of contract service dur ing the period from July 1 through June 30 of any fiscal year; provided, however, that no person shall receive more than one year of service for all service rendered during such period. If an employee renders less than nine months of service during any such period, he or she shall receive credit for a fraction of a year computed by dividing the number of months of service by nine months."
SECTION 4. Said Act is further amended by inserting immediately following Section 38 a new Section 39 to read as follows:
"SECTION 39. No mandatory retirement age. Notwithstanding any other provision of this Act, in compliance with federal law, there shall be no mandatory retirement age for any person participating in the fund; provided, however, that nothing in this section shall be construed as to divest any rights of any individual participating in the fund prior to the effective date of this Act."
SECTION 5. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

72

JOURNAL OF THE HOUSE,

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

Y Alien
Y Andersen YAshe Y Bailey Y Baker
Y Bannister YBarfoot
Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, J Y Brush YBuck
Y Buckner 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 Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dbron, H Y Dixon, S
YDobbs YEhrhart
YEpps Y Evans Y Falls
Felton Y Floyd
Godbee Y Golden YGoodwin Y Greene Y Grindley
Y Banner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree YHenson 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
Klein
YLadd YLakly
YLane Y Lawrence YLee Y Lewis
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 YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPolak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts
Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

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

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The hour of convening the Joint Session pursuant to HR 746 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Sen ate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor and Mrs. Howard, Speaker Murphy, members of the General Assem bly, members of the Supreme Court, members of the Consular Corps, Ladies and Gentle men.
Once again I stand before you to report on the State of the State of Georgia, home of the world champion Atlanta Braves. Next summer, hundreds of millions of people--six out of every ten human beings on the planet--will be watching Georgia as the 1996 Olympic Games unfold in the biggest sporting event in world history.

WEDNESDAY, JANUARY 10, 1996

73

And I am proud to report that we have a strong and dynamic profile to showcase; we have a great story to tell about a state that is striding toward the millennium.
You and I live in one of the most vibrant states in the nation. During the 90s Georgia has been the fastest growing state east of the Rocky Mountains. Only one other state has had more people moving in from out-of-state. Some moaning Minnies whine and run our state down, but it is clear that Georgia is a state where people and businesses want to be.
Since January of 1991, Georgia's employment level has increased by a half-million jobs. For the first half of this decade, we ranked third in the nation in job creation, behind only Florida and Texas, both of which, of course, have larger populations than we do.
And while the United States may have a trade deficit, Georgia has a trade surplus. In the first half of 1995, the value of our exports was $375 million more than the value of the imports coming into Georgia.
State government in Georgia has also become a national leader during this decade. And our most significant strides have been in education.
The Georgia Lottery has been a tremendous success, not only as the best start-up of any state lottery in history, but also as a source of supplemental funds for new education pro grams. In less than a week from now, we will hit the $1 billion mark in lottery funds for education.
And we have kept our word that it has not supplanted one single cent of existing educa tion funds. In fact, the percentage of our general funds devoted to education has also been increasing, and it reaches 54 percent of the total budget for FY 97.
The lottery funds the most comprehensive pre-kindergarten program for four-year-olds of any of the 50 states. Georgia is reaching a higher proportion of our four-year-olds -- those at risk and those not at risk -- than any other state.
In the big budget for next year, I propose that we continue to expand the pre-kindergarten program from its present level of 48,000 children up to 60,000 children to ensure enough space for every child whose parents want them to be enrolled.
I am very proud, and I hope you are too, that Georgia is the only state in the nation com mitted to making pre-kindergarten available to every four-year-old whose parents want it. Think about it! Georgia is leading the nation in this most important educational initiative to get our young children ready for school.
I am also very proud, as I hope you are, of the HOPE Scholarship Program. The Los Angeles Times has called it the most far-reaching state scholarship program in the nation.
As you know, under HOPE every Georgia student who graduates from high school -- pub lic high school or private high school -- with a B average, can get their tuition paid and get a book allowance at a state college or university.
And if they keep up that B average, their HOPE scholarship benefits continue through all four years of college. As we have implemented HOPE, we have been listening to the concerns of our constituents and learning from experience. As a result, I have proposed that we raise the standards for HOPE in two different ways:
First, require a B average from HOPE scholars at our private as well as our public col leges. Our regular TEG of $1,000 per Georgia student at our private colleges will continue as before. But instead of every student getting another $1,500 in HOPE funds as they do now, only the B students will get HOPE funds, just as they do at our public colleges.
And since HOPE covers costs that range up to $3,000 a year for University System stu dents, I am proposing that we treat private college students the same by offering a HOPE scholarship of $3,000 to the Georgia students at our private colleges who have a B average.

74

JOURNAL OF THE HOUSE,

This change will provide parity between public and private colleges -- both in the aca demic requirements of the HOPE program and in the financial assistance it provides.
Second, we have learned from experience that many of the HOPE scholars who now need remedial courses or have trouble keeping a B average in college, had gotten their B aver age in high school by doing well in easy, non-academic courses. That is not fair, and it really short changes the student in the long run.
So in addition to requiring a B average in high school, we are going to set higher academic standards that high school students must meet to get a HOPE scholarship. And, to give everyone a fair chance to build a strong high school record, we will begin these new stan dards with the students who will be freshmen in high school in the fall of 1996.
To qualify for a HOPE scholarship four years down the road in the year 2000, students will have to have maintained a B average in what is called the core curriculum. This includes four years of English, three years of math, three years of science and two years of foreign language. In these courses is where the B average must be maintained, not in electives.
This change will use the HOPE Scholarship Program as an incentive to encourage high school students to work harder and do well in the more difficult courses. And in the long run, we will send our colleges better-prepared students who will be less likely to lose their HOPE scholarships.
We know that 70 percent of the jobs of the future will not require college degrees, but will require post-secondary training. So, for students who don't have a B average or don't want to go to college, HOPE pays their tuition and provides a book allowance for a diploma program at a post-secondary technical institute.
In its first two years, HOPE has assisted more than 105,000 Georgia students. It is con vincing proof that Georgia's young people and their parents do understand just how important education is to their future success.
At all levels of education--K-12, our technical institutes and our University System--my goal is to concentrate our resources on our classrooms. Because that is where learning takes place.
No child learns to read in the Governor's office or in the chambers of the General Assem bly. No child learns to multiply or divide in the offices of the State Department of Educa tion or their local superintendent. If we want to improve education, we must change what happens in the classrooms of Georgia where our children learn.
That is why I want the best teachers for Georgia's children. And I want to demand excel lence in the classroom from those teachers. But I also understand that if you want excel lence, you have to be willing to pay for it.
Two years ago, we enacted a five percent teacher salary increase. As a result, Georgia moved up from 33rd to 30th in the state rankings for last school year. Last session we enacted a six percent increase for the current school year. And we are going to keep mak ing progress.
Just like I promised, this budget includes $166 million for another six percent raise for teachers in our public schools next school year. And if we do it again for two more years after this, Georgia's teacher salaries will reach the national average, and, even more importantly, Georgia will lead this region.
That is the only way we are ever going to be able to attract and hold the best teachers for our children. That is the only way we will be able to demand excellence and improved student performance in the classroom.
And to make it easier for public school systems to give that full six percent raise to teach ers, I have recommended an increase of $39 million in maintenance and operations funds for local systems and $39 million to pay for Medicare on teacher salaries.

WEDNESDAY, JANUARY 10, 1996

75

Georgia state government has excelled in other areas as well. Our top-notch bond ratings are intact, with the bond rating agencies specifically citing the replenishing of our state reserves ahead of schedule, our strong economy and the responsible way in which we are improving education and expanding the infrastructure we need to sustain future growth.
The Revenue Shortfall Reserve, which was completely empty when I took office, has been refilled to its legal limit of $288 million and is the highest it has ever been in history.
Our general lottery reserve of 10 percent of the previous year's lottery collections is also full. And, in addition, as you may recall, we have a special reserve for the HOPE Scholar ship Program that is to contain a full 50 percent of its cost, to ensure that our HOPE scholars are never threatened by a funding shortage.
I used the first $75 million of the lottery surplus from last year to go ahead and com pletely fill the HOPE Scholarship Reserve to 50 percent of the program's cost. And then the remaining $63 million in surplus is in the supplemental budget.
It is my goal as Governor to leave all of Georgia's reserves full for my successor, and I want to ensure that HOPE will always be available to Georgia's students.
I know it was pointed out yesterday, but it bears repeating. Georgia is a low-tax state.The amount of tax and fee revenue we collect per capita in Georgia is lower than all but two other states. What is happening this week will improve on that. And I want to say thanks for your support for the biggest tax cut in Georgia history.
Of all the necessities of life, food is the most fundamental. So we are going to remove the state sales tax entirely from groceries, giving a tax break to every Georgia household every time they sit down to dinner. It is a $500 million tax cut.
The first two cents of state sales tax will come off of groceries in October of this year. The third cent will come off in October of 1997, and the fourth cent in October of 1998. And we can do it by being frugal and careful -- some might say downright stingy -- with the money entrusted to us by Georgia taxpayers.
Theodore Roosevelt, one of my all time favorite statesman, once described his Square Deal and I quote "Exactly as much a Square Deal for the rich man as the poor man, but no more." That's the philosophy of this tax cut. Everyone is treated exactly alike, the rich man and the poor man.
Over 200 years ago, this nation was founded on a belief in limited government. But over the past several generations, government has been increasingly called upon to intervene in more and more social and economic problems.
As a result, the size of government has increased dramatically, with too little thought given to the question of just exactly what role government ought to play, or to the long-term costs and consequences of a government that keeps getting bigger and bigger.
So today, many have come to see government as the problem, and not the solution. They often see waste and inefficiency. They see too many of their hard-earned tax dollars being spent with little results for them.
This government is not yours; it is certainly not mine. It belongs to the people of Georgia, who foot the bill and pay its costs. And the only reason, the only reason you and I are here, is to make it do what they want it to do.
That is why I have undertaken major government reform through budget redirection, and through a bi-partisan, public-private commission that is taking a hard look at exactly what government should be doing, and what should be left to the private sector.
Let me state three facts, three givens: 1) Our citizens want better service from state gov ernment on the issues they care about. 2)They are not willing to pay more to get those

76

JOURNAL OF THE HOUSE,

services, because... 3) They are not convinced that they have been getting value for their tax dollars.
Many of them stay up late at night, sitting at the kitchen table with their checkbooks, worrying over how to make ends meet. And they ask themselves a critical question about almost every item in that checkbook: Can we afford it?
Can we afford it? That is the same question we must ask in state government. It is at the heart of budget redirection. We are taking the money we already have and making it do more.
Every single state agency and department has worked together with me to cut administra tive costs and identify programs that are out-of-date, or not producing results. And I want to commend and thank them for their efforts.
We have culled existing funds away from administrative overhead and from programs that are outdated or not working. And we have put that money into the top-priority programs of our citizens and taxpayers like education.
And this, my friends, is how we have been able to increase funding for education by over one billion new dollars this legislative session, while at the same time enacting the biggest tax cut in Georgia history.
In addition, this bi-partisan privatization commission is examining every area of state gov ernment to identify functions and programs that should be privatized, either because they belong in the private sector, or because out-sourcing is a more efficient use of our resources.
And I want to emphasize that the commission is giving careful study to the ramifications, and consulting with the Attorney General to make sure that all private contracts protect the interest of the state and the public.
In this budget, I have passed along several privatization initiatives proposed by the com mission, including the War Veterans Nursing Home in Milledgeville. The commission's study found that South Carolina operates a similar facility under private management with 169 fewer employees and at 50 percent of the cost of the Milledgeville facility. Can we afford that kind of extravagance? I think not.
Other projects for privatization are the Evergreen Resort and Conference Facility and the Olympic Tennis Center at Stone Mountain Park; the Lake Lanier Islands Resort and Water Park; the lodges and conference facilities at Unicoi, Amicalola Falls and Red Top Mountain State Parks; the new 500-bed prisons in Coffee, Wheeler and Charlton Counties; and the collection of delinquent taxes.
The commission is continuing to examine additional functions, including vehicle tags and titles, revenue collection, building maintenance and security, welcome centers, Medicaid and administrative support functions.
Government cannot do everything; it cannot do all the things we used to think it could. We need to identify clearly the important responsibilities that government should right fully undertake, and then deliver those vital services effectively and efficiently with a min imum burden on our taxpayers. Privatization offers us the opportunity to do that, and I ask for your bi-partisan support of this important bi-partisan initiative.
I will also bring you legislation to revise the State Merit System, which was established more than 50 years ago to create a professional workforce that was free of political cronyism. And at that time, that was a valid and important goal.
But too often in government, we pass laws to fix particular problems of the moment, and then we allow half a century to roll by without ever following up to see what the long-term consequences have been.

WEDNESDAY, JANUARY 10, 1996

77

Folks, the truth of the matter is that a solution in 1943 is a problem in 1996. The problem is governmental paralysis, because despite its name, our present Merit System is not about merit. It offers no reward to good workers. It only provides cover for bad workers.
It can take six to eight weeks to fill a critical position in state government. It takes a year to a year and a-half to fire a bad worker, because of a mountain of endless paperwork, hearings and appeals. Productivity is the name of the game, and we lose it when positions go unfilled.
We also encourage resentment among the many good state employees when they see a few bad workers kept on and given the same pay raises, because managers are discouraged and intimidated by the endless and complicated process of firing or even disciplining them.
And yes, do not overlook this important fact: The present Merit System also makes it dif ficult in many cases to hire qualified minorities.
I have talked at length with Philip Howard, author of the best-selling book, The Death of Common Sense. I had department heads read it, and I commend it to all of you. And he's right when he says, "Universal requirements that leave no room for judgment are almost never fair, even when the sole point is to assure fairness."
So I am calling on you to join with me in creating an up-to-date, modern and responsive state personnel system to better serve the taxpayers of Georgia. They are the ones who are now paying for its waste and inefficiency.
Please listen closely and underline this: My plan will have absolutely no effect on the job security of a single present state employee. Not the first one. But beginning on July 1, 1996, I am proposing that all vacant state positions become unclassified. This will provide for a gradual and orderly transition from the old, antiquated system to the new, streamlined one.
To ensure that our new state compensation plan is fair -- and that is very important to me -- we will continue to maintain a system of statewide pay ranges which will apply to both classified and unclassified workers.
Also, please understand that qualification standards and training programs will continue just as they are. And as an additional safeguard, regular and comprehensive audits will be conducted to ensure that the new state personnel system is not abused.
If you look back over the course of this administration, you can see that we have been laying the ground work for government reform for some time.
Growth in state employees since 1991 has been lower than growth in population, and sig nificantly less than the job growth in the private sector. The only reason we have had any state employment growth to speak of at all, is because we have opened over 14,000 new prison beds -- an increase of over 50 percent -- since 1991.
Our prisoners are serving longer sentences. We have developed a boot camp system that has become a national model. And our "two strikes and you're out" law is the toughest in the nation for violent crime.
Those efforts are paying off. Georgia is becoming a safer place to live. GBI statistics show that Georgia's violent crime rate has declined by 20 percent during the first half of the 90s.
But more needs to be done. The Augusta Chronicle recently cited a national survey which found that as many as half of America's teen pregnancies are the result of males age 20 or older taking advantage of young girls. I want it to be clear that in Georgia these predators who prey on our young girls will be put away for a long time.
So I will bring you a change to our statutory rape law to require a mandatory sentence of at least 10 years for any adult who has sexual relations with a child who is less than

78

JOURNAL OF THE HOUSE,

14 years old. I also want a minimum sentence in cases where the victim is between 14 and 16, and the predator at least 21 years old.
Another area where the citizens of Georgia want government to work for them is making streets and highways safer. Every day somebody's loved ones are hurt or killed by drunk drivers, and we need to send them a strong message: In Georgia, we will not tolerate drunk or drugged drivers on our roads.
So this year, just as I have every year I have been Governor, I will bring legislation to you to close up loopholes and provide tougher penalties for DUI.
I want first-time offenders to spend at least 24 hours in jail, which ought to be a sobering experience. I also want zero tolerance for alcohol in the blood of underage drivers, who are not legally supposed to be drinking at all. And on this provision, I am now coming with the weight of Georgia's federal highway funding behind me. We risk losing some of it if we don't enact a zero tolerance law for underage drivers.
I am also asking you, once again, to close that huge, gaping loophole provided by the nolo plea, which allows far too many drunk drivers to avoid license suspension. To my knowl edge, Georgia is the only state in the nation that allows avoidance of license suspension with a "nolo" plea. And to make our efforts to keep habitual offenders off the highways more effective, I want to impound the license plates from their vehicles.
Now, I'd like to look a little more closely with you at the budget for FY 97 which was put on your desk this morning.
First, you should know that this budget reduces the number of state government jobs by a net... a net of 902. I have actually eliminated several hundred more positions, but they are offset by new jobs created by the opening of new prisons and the like.
Next, you should know that this budget redirects more than $627 million in existing funds from lower priorities to higher priorities. About two thirds of that redirection happens within agencies, and the remaining third is redirected across agency lines. Even after you add in the four percent pay raise that this budget provides for state employees, half of our state agencies will still have less money to spend next year than they had this year.
But that does not mean they will be less effective. The Department of Human Resources, for example, is one of those agencies whose budget for next year is slightly less than this year.
But a lot of positive things are happening in the DHR budget. A lot. Nearly $74 million has been culled from places like administration, ineffective programs and the closing of 236 institutional beds. Much of that money has been redirected to prevention, early childhood intervention, education and community-based services.
More than $4 million of it expands core community-based mental health services to severely emotionally disturbed children, making these basic S.E.D. services available state wide for the first time. Before this administration, these services were available in only two counties.
We are also expanding core community-based services for the chronically mentally ill so that no area of the state will be without some level of C.M.I, community service.
We are again adding more slots to community programs for the elderly -- over 800 slots this time. And we are allocating nearly $2 million to continue to expand community-based day and residential services for the mentally retarded.
The DHR budget also reflects the undeniable success of Georgia's welfare reform and Work First initiatives.
We are a national leader in welfare fraud investigation. We are third in the nation in get ting AFDC recipients off welfare through child support collections. And speaking of child

WEDNESDAY, JANUARY 10, 1996

79

support, let me remind you of the bill I proposed and the Senate passed last year to sus pend the professional licenses of deadbeat parents. And I want to make that bill even stronger this year by adding driver's licenses as well.
Other states are using this policy with great results. Texas, for example, collected an addi tional $5 million in the first three months that their license suspension law was in effect. Please, let's amend and pass this bill in the House and give our child support enforcement staff another very important tool in forcing parents to take responsibility for their own children.
Mike Thurmond is running an agency that is putting people to work rather than on wel fare. For years, before Michael came along, the old system of welfare denied them that dream.
Today in Georgia, people may go to their local DFACS office intending to go on welfare. But what they find as soon as they walk in the door is a listing of available jobs, and materials on how to apply, write a resume or get job training.
The Macon DFACS office, for example, has steered more than a third of its new welfare applicants into jobs rather than onto the AFDC rolls. I like what a Macon Telegraph edito rial said about that: "Nothing magical here, more like common sense in action."
As a result, our welfare rolls have begun to decline. More than 6,000 have dropped off the rolls since August of 1994. And because they have, we are able to reduce our AFDC appro priation in both the supplemental and the big budgets, and redirect that money to other uses.
We are still waiting for Washington to make up its mind on welfare, but you can see in this budget that Georgia's emphasis is going to be on work. We are moving 140 staff away from the job of determining eligibility to get onto the welfare rolls, and putting them into the Work First program to get people off of the welfare rolls.
And we're doing something else that I think is important. We are putting a higher priority on helping low-income families with day care, so that they can stay off of welfare.
This budget helps working parents with the cost of daycare for 7,000 children -- 3,800 whose parents are in the Work First program, and 3,200 from working poor families who are at risk of going on welfare.
In the Department of Medical Assistance, we did a serious, detailed study of our provider rates. And what we found was an eye opener. In many instances our rates in Georgia were much higher and much more generous than the states around us.
We found instances in which our rates resulted in some hospitals being paid more than their actual costs. We found instances in which our rates were much higher than the rates paid in the private sector for the very same services.
So we have adjusted our provider rates to put Georgia in line with the rest of the South east and with other states of similar size and demographics across the nation. That pro duced $85 million in savings. In addition, we expect to save $18 million by expanding our managed care initiatives, and $9 million from our initiative to crack down on Medicaid fraud and abuse.
We have taken $60 million of these savings and used it to provide for modest growth in Medicaid recipients. And $10 million will establish community-based programs as alterna tives to institutions.
Medicaid is another issue on which we are waiting for Washington to make up its mind. And the Georgia Coalition on Health -- which includes private business, health care providers, citizens and the state -- will study the coming federal changes and hold hear ings on how the state should respond.

80

JOURNAL OF THE HOUSE,

The Coalition has also proposed that we create Healthplan Purchasing Cooperatives to help small businesses provide health insurance for their employees. And I urge your sup port for this important measure.
For the Department of Corrections, Wayne Garner, who I think you will agree is off to an impressive start as our new commissioner, gave me a budget that was not just flat, but actually was lower than the present budget. But in that budget, we are doing some signifi cant things. We are opening another 876 new prison beds and increasing county jail subsi dies for housing state inmates from $15 to $20 a day.
Year before last, we worked together to do something that needed to be done for those men and women who risk their lives every day to keep our highways and communities safe. We gave our state troopers and GBI agents a five percent salary increase, you will remember, on top of their regular pay raise.
This year I want you to help me do the same for our correctional officers who risk their lives daily dealing with our most dangerous incarcerated criminals -- five percent on top of the regular four percent proposed for all state employees, so that correctional officers will get a nine percent salary increase this year.
We can do all three of these things -- open new beds, increase the jail subsidy and fund this special salary increase -- through redirection. We have reduced administrative over head and streamlined the non-security functions of the department, freeing up more than $20 million in existing funds.
The story is similar with the GBI -- a slight decrease in the bottom line, but you will find numerous instances of redirecting funds to beef up critical functions and speed up services for local law enforcement agencies.
As you may recall, last year we began to add a specialist in domestic violence to the staff of each of our GBI regional offices. These special agents are trained to handle all aspects of spouse, elder and child abuse, including methods of questioning victims, witnesses and the accused. This year I want to increase the number of specialists from eight to 15, which virtually provides statewide coverage.
A new forensic lab is being opened to serve Northwest Georgia. And we are adding some staff to the main lab. And all these things, keep in mind, are being done with redirected funds.
In the Department of Public Safety, we are redirecting 29 existing troopers out onto our highways. And we are using redirected funds to establish nine travel teams to issue driver's licenses in the 107 counties that have no facilities.
Juvenile crime is the most troublesome area of law enforcement today, and we have almost doubled the budget for this department during my administration. We will have more than doubled it before I m through. This session, we will add over 1,000 new beds for juvenile offenders across both budgets -- a 75 percent increase in our capacity.
But once again, budget redirection is helping us respond efficiently. Gene Walker got in there, like I knew he would, and took a firm hold on one of the most challenging depart ments in all of state government.
He did some careful evaluation, and one of the things he found was that the Community Treatment Centers were ineffective in reducing juvenile recidivism, so we are redirecting 56 positions into court services, primarily to reduce the caseload of service workers.
Even education, which is the top priority in this budget and the primary recipient of the funding increases, is nevertheless a full participant in budget redirection. And Linda Schrenko, our hard-working and forward-thinking superintendent, is leading the way in cutting back administrative overhead with what she's doing in the Department of Educa tion.

WEDNESDAY, JANUARY 10, 1996

81

You will remember the central office was cut last year at her direction, and we're cutting it again this year again at her direction. And local systems, if they had the will, could do the same.
If you take the number of children that are in our public schools and divide it by the number of state-paid educators on the payroll, you come out with a ratio of one educator for every 15 children. Actually, it's a little lower than 15 children. So, we've got a lot -- an awfully lot -- of educators on the payroll.
I am working very closely with Superintendent Schrenko. And I urge you to put aside partisanship and help her reject the status-quo mentality of the educational establishment, which, I regret to say, fights change more than any group I know of. We are also doing budget redirection within the QBE formula itself, shifting funds from lower priority areas to higher priority areas.
Of the $78 million in additional funds for "M and 0" and to pay the Medicare portion of teachers' salaries -- $32.6 million of that is new money. The rest comes from redirection within the QBE formula.
The University System is redirecting $45 million of existing funds from lower priorities to higher priorities. And all of the general fund improvement items for the Department of Technical and Adult Education use existing funds that have been redirected from within the department.
There are many, many instances of redirection in this budget -- over $627 million worth -- far too many for me to list. But I hope these examples give you an idea of how we are using budget redirection to make state government more effective and more efficient.
But as Georgia's population and economy continues to grow, we are anticipating some rev enue growth for next year, even with the tax cut and the coming economic slowdown that is inevitable. We are projecting 4.9 percent revenue growth in the upcoming year, and the budget does contain some new expenditures, mostly for education.
I have already mentioned the 6 percent salary increase for teachers in our schools, colleges and technical institutes. And the 4 percent pay raise for state employees.
As our general population grows in record numbers, so does our school population. So we need to add $131 million to the QBE formula for next year, primarily to address enroll ment growth, as well as provide $93 million in bonds for new construction and renovation in 38 school systems.
The Department's budget also includes $11 million in bonds for new libraries in eight counties. We're going to build them, but I hope you will look closely at the library funding formula, because I think we need to consider slowing down this spending.
We've built 184 libraries in Georgia in the past 10 years. Perhaps we need to pause and take a hard look at just how many more we actually need, and where.
Most of the new funding in the Department of Technical and Adult Education goes to open and staff the new facilities and satellite campuses we have been building in response to record enrollment growth.
We are also adding full-time adult literacy teachers and computers in another 25 counties. My goal, as you may recall, is to have at least one full-time adult literacy teacher in every Georgia county. With this expansion, we will have covered 133 counties, leaving only 26 more to go. And I hope to be back next year with those.
Last year, 21,200 Georgians got their GEDs, one of the highest state totals in the nation. This year our goal is 22,500. And I want to thank Jean DeVard Kemp and Shirley Carver Miller and all the others out there who are responsible for these record-breaking numbers.
The lottery provides $49 million to build five satellite centers in Appling, Early, Polk, Union and Crisp Counties, renovate institutes in Habersham, Thomas and Cobb Counties,

82

JOURNAL OF THE HOUSE,

and to provide computers and training equipment for new facilities. After they open, we will then have 15 satellite facilities, along with our 37 technical institutes -- a total of 52 campuses around the state.
And here is another area where I believe we've about reached the saturation point. We now have a facility where you can learn a skill or a trade with a HOPE scholarship within 30 to 40 minutes driving time of nearly every person in the state. Any more any time soon would be too many. And I do not plan to propose any more satellites during this adminis tration.
I also want to spend $1.4 million to bring our technical institutes on-line with the massive electronic library we have already established for the University System. This state-of-theart, $10 million electronic library is based at The University of Georgia and operates off of a computer platform at Georgia State University.
It allows us to make more efficient use of our library dollars by providing every institution in the University System with more resources than any one of them could afford alone. I want our technical schools to also share in it.
University System enrollments also continue to grow, thanks to the HOPE program, which is making college affordable for more Georgia families. We are the fourth largest public system in the United States, with more than 200,000 students in degree programs. And that is absolutely wonderful, but an additional $19 million is needed for the system for mula.
And $79 million in bonded construction addresses needed new buildings at Valdosta State, Southern Tech, Savannah State, Dalton College, Floyd College, The University of Georgia and flood construction at Albany State.
These funds will also repair fire damage at UGA's Brooks Hall, renovate a building at Brunswick College and improve the drainage system at South Georgia College in Douglas.
The Regents budget also includes $23 million for eight special initiatives that build on the solid base we established last year with the funding of student-centered, technology-driven initiatives that benefit all institutions in the system.
We are going to upgrade our teaching faculty at the 30 non-research institutions by pro viding professional development and creating a master teacher program.
And we will use lottery funds for a model classroom for the master teacher program at each one of these 30 institutions.
We are also going to expand our distance learning programs, provide for some special renovation and rehabilitation, and expand our traditional industries research initiative.
Included in the lottery funds for the University System is $16.4 million for the Equipment, Technology and Construction Trust Fund which, as you may recall, is matching money to leverage private contributions for our University System institutions.
Lottery funds will also provide equipment for the Georgia Research Alliance. Our six Research Alliance universities are doing more research than those universities that make up North Carolina's Research Triangle.
And we are beginning to see the long-term return on our investment. New, start-up com panies are beginning to spin off to produce Research Alliance discoveries and inventions, which have been featured in publications from Business Week to Popular Science. Major high-tech firms like Avian Farms, Rhone Merieux and Rayonier are moving to locations all around Georgia to take advantage of our superior research programs.
Other economic development projects in this budget include another $100 million for our economic development highways, and funds to complete the construction of Container Berth 7 at the Garden City Ports Terminal in Savannah.

WEDNESDAY, JANUARY 10, 1996

83

The Port of Brunswick, as you may recall, has been seriously handicapped in its develop ment, because we could not dredge the channel deeper than 30 feet without undermining the piers of the Sidney Lanier Bridge. The $20 million to complete the replacement for the Sidney Lanier Bridge is in the supplemental budget.
So in the big budget, I want to provide $550,000 to match funds from the federal govern ment and the Georgia Ports Authority for a study on deepening and modifying the Brunswick channel. I want to make Brunswick, Georgia, an attractive, world-famous, firstclass port.
And finally, there are some special expenditures in the two budgets of this legislative ses sion that we have never had before, and won't have again for a long time to come. They fulfill the state s security obligations for the 1996 Summer Olympics.
We are participating in a coordinated security effort involving the Atlanta Committee for the Olympic Games and federal, state, county and city law enforcement agencies. It will involve over 2,600 personnel from state agencies, including nearly 2,400 sworn law enforce ment officers. Two-thirds of the Olympic venues are on state-owned property. And we are responsible to provide security at and around those venues.
This special appropriation begins in the supplemental budget, which contains $9.5 million to contract in advance for housing and food for these security personnel and to do some specialized training. And the big budget contains just over $12.2 million for security costs during the Games themselves.
We expect that the revenue bump we get during the Games will offset the cost of this security. It will be about a wash.
You will also find some one-time money in this budget to keep our welcome centers open for longer hours during the Olympics and do a special events promotion called "Georgia Tourism on Parade."
Barcelona has sustained a 25 percent increase in tourism since they hosted the Olympics four years ago, and we are trying to do the same in Georgia.
I have also recommended that we provide the 20 percent state match to draw down federal funds for a new welcome center on 1-20 at Augusta, replacing the old center built in 1969.
My over-riding goal as Governor is to make the government of Georgia work for the people of Georgia. And that is what this budget does. It addresses the needs and issues that our citizens care about. It makes government leaner. It makes government more efficient.
It enhances education with over one billion new dollars. But at the same time it provides for the biggest tax cut in state history.
Kris Kristofferson, the Rhodes scholar and great country music song writer who went on to become a Hollywood actor, recently released a new album. I buy all of his stuff, because I've always found he has something to say.
He's got a song on there -- not in the class of his "Help Me Make It Through the Night" or "Me and Bobby McGee" -- but its title caught my attention. A song called "Slouching toward the Millennium." And I suppose that describes how some people view our impend ing encounter with the 21st century.
In Georgia, however, we are not slouching. We are "Striding Toward the Millennium." 1996 is the year of opportunity for this state. It is the year of the Georgia Olympics -- the opportunity of a lifetime, of several lifetimes, to showcase Georgia to the world.
When the world spotlight shines on Georgia in a few months, we are going to show them a state that is beautiful and friendly, vibrant and healthy...a state where people and busi nesses want to be...a state that is not slouching reluctantly toward the millennium, but a state that is striding confidently and boldly to embrace the future.

84

JOURNAL OF THE HOUSE,

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

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

The Speaker called the House to order.

The following Resolution of the Senate was read:

SR 383. By Senators Ray of the 19th and Perdue of the 18th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 12, 1996, and shall reconvene on Monday, January 22, 1996.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on January 22 may be as ordered by the Senate; and the hour for convening the House on January 22 may be as ordered by the House.

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

Y Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, J
Brush YBuck
Buckner Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless YChannell
Childers Y Coker Y Coleman, B Y Coleman, T Y Cormell 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
Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Y Greene Y Grindley
Manner Y Harbin Y Harris 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 YLakly YLane Y 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 Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster
YPolak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay
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

On the adoption of the Resolution, the ayes were 162, nays 0.

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 YTillman Y Titus Y Towery YTrense
Tumquest 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
YYates Murphy, Spkr

WEDNESDAY, JANUARY 10, 1996

85

The Resolution was adopted.

The following Resolutions of the House were read and adopted:

HR 782. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A resolution expressing condolences on the passing of Mr. Larry Foster.

HR 783. By Representative Lifsey of the 6th: A resolution honoring C. W. Bradley on the occasion of his 87th birthday.

HR 784. By Representative Bannister of the 77th: A resolution commending Marilyn Morris.

HR 785. By Representative Bannister of the 77th: A resolution commending Brian Uthlaut.

HR 786. By Representative Jamieson of the 22nd:
A resolution congratulating the City of Martin upon the designation of the Martin Historic District as a National Historic District in the National His toric Register.

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

HR 753. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Buck of the 135th, Coleman of the 142nd and others:
A resolution commending Celestine Sibley and inviting her to appear before the Georgia House of Representatives.

HR 754. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Mr. Roy J. Cowart and inviting him to appear before the House of Representatives.

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

86

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 11, 1996

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:

Alien Anderson Ashe Bailey Baker Bannister Barfoot Bargeron Barnard Bates Benefield Birdsong
Bordeaux Bostick Breedlove Brooks, T Brown, J Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Chambless Channel! Childers

Coker Coleman, B Connell
Crews Culbreth Cummings Davis, G Day DeLoach, B DeLoach, G Dobbs Ehrhart Epps Evans Falls Floyd
Godbee Golden Good win Greene
Harbin Heard
Heckstall Hegstrom Hembree Henson
Holmes

Howard Hudson Hugley Johnson, G Johnson, J Johnston Kaye Kinnamon Klein Ladd Lakly Lane Lee Lewis Lifsey
Lord
Maddox Mann Martin McBee McCall McKinney Mills
Mobley, J Mosley Mueller O'Neal

Parham Parrish Parsons Pelote
Powell Purcell, A Purcell, B Randolph Ray
Reaves Reichert Rogers Royal Sanders Sauder
Shanahan
Shaw Sherrill Shipp Simpson Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V

Smith, W Snelling Snow S tailings Stancil, F Stancil, S Taylor Teague Teper Thomas 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 Dixon of the 168th, Poston of the 3rd, Pinholster of the 15th, Mobley of the 69th, Orrock of the 56th, Crawford of the 129th, Hanner of the 159th, White of the 161st, Coleman of the 142nd, Davis of the 60th, Harris of the 17th, Dixon of the 150th, Felton of the 43rd, Irvin of the 45th, Brooks of the 103rd, Brush of the 112th, Barnes of the 33rd, Streat of the 167th, Williams of the 83rd, Scoggins of the 24th, Perry of the llth, Sinkfield of the 57th, Smyre of the 136th, Dix of the 76th, Roberts of the 162nd, Lawrence of the 64th, Grindley of the 35th, Jenkins of the 110th, Holland of the 157th, Polak of the 67th, Turnquest of the 73rd, Jamieson of the 22nd, Porter of the 143rd, Lucas of the 124th, Randall of the 127th and Jones of the 71st.
They wish to be recorded as present.

Prayer was offered by the Reverend McCallister Hollins, Senior Pastor, Ben Hill United Methodist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

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

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

THURSDAY, JANUARY 11, 1996

87

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

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

HB 1113. By Representatives Kaye of the 37th, Joyce of the 1st, Smith of the 19th, Sanders of the 107th, Yates of the 106th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that with respect to any person who has been convicted of a capital offense and has had imposed upon him or her prior to January 1, 1997, a sentence of death, the death penalty may be carried out by lethal intravenous infusion.
Referred to the Committee on Special Judiciary.

HB 1131. By Representatives Walker of the 87th, Smith of the 102nd, Yates of the 106th, Sanders of the 107th and Maddox of the 108th:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Anno tated, relating to personal exemptions used in computing income tax, so as to provide that no such exemption shall be allowed for certain minor depen dents who have not completed secondary education.
Referred to the Committee on Ways & Means.

HB 1132. By Representatives Walker of the 87th, Titus of the 180th, Yates of the 106th, Kaye of the 37th, Smith of the 102nd and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of licenses and other authorizations to engage in profes sions, businesses, or occupations and certain other activities to persons who are not in compliance with orders for child support.
Referred to the Committee on Children and Youth.

HB 1143. By Representatives Smith of the 175th, Taylor of the 134th, Hugley of the 133rd, Epps of the 131st, McClinton of the 68th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to establishment of the length of the school year, so as to change the length of the school year.
Referred to the Committee on Education.

88

JOURNAL OF THE HOUSE,

HB 1240. By Representatives Campbell of the 42nd, Irvin of the 45th, Ehrhart of the 36th, Davis of the 60th and Crawford of the 129th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that offenders convicted of a serious felony shall not be eligible for consideration for parole or other early release for a specified time period.
Referred to the Committee on State Institutions & Property.

HB 1241. By Representatives Mobley of the 86th, Cummings of the 27th, Golden of the 177th, Johnson of the 84th and Stallings of the 100th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to exempt from sales and use taxes the sale of tangible personal property and services to a nonprofit licensed in-patient hospice under certain conditions.
Referred to the Committee on Ways & Means.

HB 1242. By Representatives Bordeaux of the 151st and Chambless of the 163rd:
A bill to amend Code Section 43-9-12 of the Official Code of Georgia Anno tated, relating to grounds for refusal or revocation of chiropractors' licenses, so as to provide that a chiropractor who refers a patient to an attorney for legal advice or action concerning injuries of the patient which the chiroprac tor is treating or aware of shall lose his or her license to practice chiropractic.
Referred to the Committee on Judiciary.

HB 1243. By Representatives Snow of the 2nd, Murphy of the 18th, Streat of the 167th, Perry of the llth, Watts of the 26th and others:
A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.
Referred to the Committee on Transportation.

HB 1244. By Representative Trense of the 44th:
A bill to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to unlawful acts regarding medical assistance, so as to prohibit requesting or obtaining medical assistance for psychiatric services unless those services were provided by certain qualified physicians.
Referred to the Committee on Health & Ecology.

HB 1245. By Representative Simpson of the 101st:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to administration of chemical tests to determine if a person is driving under the influence of alcohol or drugs, so as to provide that photostatic copies of inspection certificates of approved breath-testing instru ments shall be self-authenticating, shall be admissible in any court of law.
Referred to the Committee on Judiciary.

THURSDAY, JANUARY 11, 1996

89

HB 1246. By Representative Simpson of the 101st:
A bill to amend Code Section 24-3-17 of the Official Code of Georgia Anno tated, relating to admissibility of certified copies of records of the Depart ment of Public Safety or comparable agencies in other states, so as to provide that a certified copy of any record of the Georgia Crime Information Center or a comparable agency in any other state is admissible in any judi cial proceeding or administrative hearing in the same manner as the original of the record.
Referred to the Committee on Judiciary.

HB 1247. By Representatives Smith of the 109th, Buck of the 135th, Floyd of the 138th, Sauder of the 29th, Lawrence of the 64th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to revise provisions governing the management, ownership, and creation of branch banks.
Referred to the Committee on Banks & Banking.
HB 1248. By Representative Barnes of the 33rd:
A bill to amend Chapter 2 of Title 53 of the Official Code of Georgia Anno tated, relating to wills, so as to change the provisions relating to self-proved wills; to provide that the affidavits of the testator and the attesting witnesses may be made before a notary public or an officer authorized to take acknowl edgements to deeds of conveyance and to administer oaths under the laws of this state or any other state.
Referred to the Committee on Judiciary.

HB 1249. By Representative Barnes of the 33rd:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change the provisions relating to which persons are authorized to perform artificial insemination; to provide that under certain circumstances physician's assistants shall be sub ject to civil liability.
Referred to the Committee on Health & Ecology.

HB 1250. By Representative Barnes of the 33rd:
A bill to amend Chapter 15 of Title 50 of the Official Code of Georgia Anno tated, relating to public lawsuits, so as to repeal certain provisions relating to authority of a political subdivision to petition for posting of bond by opposing party or intervenor and dismissal upon failure to file bond.
Referred to the Committee on Judiciary.

HB 1251. By Representative Barnes of the 33rd:
A bill to amend Code Section 14-2-510 of the Official Code of Georgia Anno tated, relating to venue in proceedings against a corporation, so as to provide that the purpose of determining venue with respect to proceedings for dam ages because of torts, wrong, or injury done, corporations doing business in the State of Georgia shall always be subject to suit in the county in which the corporation's principal place of business is located.
Referred to the Committee on Judiciary.

90

JOURNAL OF THE HOUSE,

HB 1252. By Representatives Sauder of the 29th, Parsons of the 40th, Walker of the 141st, Carter of the 166th, Shipp of the 38th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of the qualifying period by municipal superintendents; to provide for a minimum and maximum number of days for qualifying; to provide that such days shall be consecutive; to pro vide the earliest commencement date and latest ending date for qualifying periods for general elections; to provide the latest ending date for qualifying periods for special elections.
Referred to the Committee on Governmental Affairs.

HB 1253. By Representative Powell of the 23rd:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to repeal provisions relating to additional title fees for vehicles previously titled in other states.
Referred to the Committee on Motor Vehicles.

HB 1254. By Representatives Johnston of the 81st, Joyce of the 1st and Lakly of the 105th:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, relating to the lottery for education, so as to provide that advertise ments for the lottery shall include information regarding help for compulsive gambling problems and a statement discouraging the buying of lottery tickets which the buyer can't afford.
Referred to the Committee on Industry.

HB 1255. By Representatives Epps of the 131st, Brown of the 130th, Holland of the 157th, Taylor of the 134th, James of the 140th and others:
A bill to amend Chapter 61 of Title 36 of the Official Code of Georgia Anno tated, the "Urban Redevelopment Law," so as to change references from "slum" or "slum area" to "distressed area".
Referred to the Committee on State Planning & Community Affairs.

HB 1256. By Representatives Jamieson of the 22nd and Stephenson of the 25th:
A bill to amend Code Section 40-14-5 of the Official Code of Georgia Anno tated, relating to testing of radar devices, so as to require certain officers using such devices to notify persons of their right to view and inspect the radar reading.
Referred to the Committee on Motor Vehicles.

HB 1257. By Representative Birdsong of the 123rd:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief from family violence by superior courts, so as to change the provisions relating to penalties; to pro vide that the violation of an order issued pursuant to certain provisions of law shall be deemed contempt.
Referred to the Committee on Judiciary.

THURSDAY, JANUARY 11, 1996

91

HB 1258. By Representative Jamieson of the 22nd:
A bill to amend Code Section 32-6-29 of the Official Code of Georgia Anno tated, relating to enforcement powers of enforcement officers of the Depart ment of Transportation, so as to provide for additional enforcement authority.
Referred to the Committee on Transportation.

HB 1259. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the creation or abolition by ordinance of a grievance and appeals board to hear and determine certain personnel issues and to fix the procedure, rules, and regulations therefor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1260. By Representatives Johnston of the 81st, Joyce of the 1st, Lifsey of the 6th and Lakly of the 105th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to provide for rules, regula tions, and policies for units of the University System of Georgia to ensure that annually all qualified applicants for admission who are Georgia residents shall be admitted as students or offered admission before any nonresident applicants are admitted.
Referred to the Committee on University System of Georgia.

HB 1261. By Representatives Smith of the 175th and Shanahan of the 10th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to salaries and fees of public officers and employees, so as to change the provisions relating to the compensation of members of the General Assembly; to provide for addi tional compensation for members who comply with certain requirements.
Referred to the Committee on Appropriations.

HB 1262. By Representatives Johnston of the 81st and Lakly of the 105th:
A bill to amend Code Section 50-27-3, relating to definitions relative to the lottery, so as to change the definition of educational purposes and programs for the purpose of expenditure of lottery proceeds.
Referred to the Committee on Industry.

HB 1263. By Representative Carter of the 166th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest resources and other plant life, so as to provide that growers of ginseng shall register with the Department of Natural Resources; to define a certain term; to provide that the harvester of ginseng must have the written permission of the property owner.
Referred to the Committee on Agriculture & Consumer Affairs.

92

JOURNAL OF THE HOUSE,

HB 1264. By Representatives Lakly of the 105th, Yates of the 106th, Johnston of the 81st, Lifsey of the 6th and Mueller of the 152nd:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to the parent and child relationship, so as to provide that the parental right of a mother who refuses or is unable to provide the name of the father of the child shall be terminated; to amend Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to the registration of births, so as to require that the father of a child conceived outside of marriage be placed on the child's birth certificate.
Referred to the Committee on Children and Youth.

HR 737. By Representatives Lakly of the 105th, Yates of the 106th, Smith of the 102nd, Sanders of the 107th, Davis of the 60th and others:
A resolution proposing an amendment to the Constitution so as to provide that intangible personal property may be a separate class of property for purposes of taxation; to authorize the repeal of any intangible personal prop erty tax by general law without approval in a referendum.
Referred to the Committee on Ways & Means.

HR 787. By Representatives Johnston of the 81st, Joyce of the 1st and Lakly of the 105th:
A resolution proposing an amendment to the Constitution so as to prohibit the General Assembly from adopting any legislative standard requiring expenditure of funds by any local political subdivision if the mandate is more stringent than federal standards for local political subdivisions on the same subject matter.
Referred to the Committee on Appropriations.

HR 788. By Representatives Johnston of the 81st, Joyce of the 1st, Lifsey of the 6th and Lakly of the 105th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that annually all qualified applicants who are Georgia residents shall be offered admission or admitted as students to units of the University System of Georgia before nonresidents are offered admission" or are admitted as students.
Referred to the Committee on University System of Georgia.

HR 789. By Representatives Teague of the 58th, Baker of the 70th, Epps of the 131st, Brooks of the 54th and McKinney of the 51st:
A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day".
Referred to the Committee on State Planning & Community Affairs.

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

HB 1103 HB 1114

HB 1115 HB 1130

THURSDAY, JANUARY 11, 1996

93

HB 1136 HB 1139 HB 1140 HB 1141 HB 1142 HB 1206 HB 1209 HB 1210 HB 1211 HB 1212 HB 1213 HB 1214 HB 1215 HB 1216 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1222

HB 1223 HB 1224 HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238 HB 1239 HR 735 HR 742 HR 743

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1159 Do Pass, by Substitute HB 1162 Do Pass, by Substitute
Respectfully submitted, /s/ Carter of the 166th
Chairman

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

Mr. Speaker:

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

HB 734 Do Pass HB 779 Do Pass, by Substitute

HB 873 Do Pass 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:

94

JOURNAL OF THE HOUSE,

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

HB 695 Do Pass HB 1145 Do Pass

HB 1195 Do Pass HB 1196 Do Pass

Respectfully submitted, /a/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 771 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 has instructed me to report the same back to the House with the following recommendations:
HB 1201 Do Pass HB 1204 Do Pass HB 1205 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 1201.

By Representative Lord of the 121st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Washington County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 11, 1996

95

HB 1204. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Calhoun County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1205. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Clay County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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

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

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

HR 771. By Representatives Stancil of the 91st, Smyre of the 136th and McBee of the 88th:
A resolution commending exceptional members of 4-H and inviting them to appear before the House of Representatives and recognizing the observance of 4-H Day at the state capitol.

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

HR 790. By Representative McCall of the 90th:
A resolution to commend the Elbert County Blue Devils high school football team and to invite members of the team and Coach T. S. McFarrin to appear before the House of Representatives.

HR 793. By Representative Rogers of the 20th:
A resolution expressing regret at the passing of Bobby Gruhn and inviting his family and selected friends to appear before the House of Representa tives.

96

JOURNAL OF THE HOUSE,

HR 794. By Representative Rogers of the 20th:
A resolution commending Don Brewer and inviting him to appear before the House of Representatives.

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

HB 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to def initions relative to the Peace Officers' Annuity and Benefit Fund, so as to authorize mem bership in such fund for certain persons; to amend Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards, so as to provide that such investigators shall be eligible for membership in the Peace Officers' Annuity and Benefit Fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions rel ative to the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subparagraph (I) of paragraph (5) and inserting in lieu thereof the following:
"(I) Persons in the categories listed below who are required, as a condition neces sary to carry out their duties, to be certified as peace officers pursuant to the provi sions of Chapter 8 of Title 35, known as the 'Georgia Peace Officer Standards and Training Act':
(i) Persons employed by the Department of Children and Youth Services who have been designated by the commissioner of children and youth services to inves tigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; and (ii) Narcotics agents retained by the director of the Georgia Bureau of Investiga tion pursuant to the provisions of Code Section 35-3-9; (iii) Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10; and (iv) Investigators employed by the Secretary of State as investigators for the state examining boards pursuant to the provisions of Code Section 43-1-5;".
SECTION 2. Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer} provided, however, that nothing j this Code section sfeaH be construed te make any investigator eligible for membership the Peace Officers Annuity aad Benefit Fund."

THURSDAY, JANUARY 11, 1996

97

SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act .shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Andereon Y Ashe
Bailey Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner 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 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 YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee
Golden YGoodwin Y Greene
Grindley Manner Y Harbin Y Harris Y Heard Heckstall Y Hegstrom Hembree Henson 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin YMcBee
YMcCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Mosley
Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Polak Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins
Shanahan YShaw Y Sherrill YShipp 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 Snelling
YSnow Y Stallings
Stancil, F Y StancU, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas YTillman Titus Y Towery Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts Y Westmoreland
Whitaker
YWhit*
Y Wiles
Y Williams, B
Williams, J
Y WUliams, R
Y Woods
YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Teague of the 58th, Bailey of the 93rd and Mosley of the 171st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 679. By Representative Buck of the 135th:
A bill to amend Code Section 47-2-182 of the Official Code of Georgia Anno tated, relating to credit in the Employees' Retirement System of Georgia for certain former teachers, so as to provide such credit for teachers of indepen dent school districts who were not members of a local retirement system.

98

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:
A BILL
To amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses benefits under the Superior Court Judges Retirement System, so as to provide that a member who is disabled after ten years of actual service as a superior court judge may retire with two-thirds of the nor mal retirement benefit; to provide for applicability; to repeal conflicting laws; to provide conditions for an effective date and automatic repeal; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses benefits under the Superior Court Judges Retirement System, is amended by striking in its entirety Code Section 47-9-72, relating to eligibility for disability benefits, and inserting in lieu thereof the following:
"47-9-72.
(a) After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to per form the duties of his office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by subsection (b) of Code Section 47-9-70, unless the member would qualify for greater benefits under subsection (a) or (b) of Code Section 47-9-71, in which event that subsection would apply. (b) After obtaining a minimum of ten years of actual service as a superior court judge, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit which shall be two-thirds of the maximum retirement benefits pro vided bjr subsection (b) of Code Section 47-9-70. This subsection shall be used to calcu late the benefits of any member retiring pursuant to this Code section on, before, or after July lj 1996; provided, however, that this subsection shall not be construed to authorize the payment of retroactive benefits. (c) The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disabil ity of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become payable within 30 days after such disability is determined by the board."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon
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

THURSDAY, JANUARY 11, 1996

99

Y Breedlove Y Brooks, D Y Brooks, T N Brown, J Y Brush YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Cbambless Y Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell Y 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
Dobbs

YEhrhart YEpps Y Evans Y Falls Y Felton
Floyd YGodbee
Golden YGoodwin YGreene Y Grindley
Manner Y Harbin Y Harris Y Heard Y HeckstaU Y Hegstrom Y Hembree Y 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 NLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord
Lucas Maddox YMann Y Martin Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Y Porter Y Poston Y Powell Y PurceU, A
Purcell, B YRandall 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 YSmyre Y Snelling YSnow

Y Stallings Stancil, F
Y Stancil, S Stanley, L Stanley, P Stephenson
Y Streat Y Taylor YTeague YTeper Y Thomas YTillman 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 Wffliams, B WiUiams, J
Y Williams, R
Y Woods
Y Yates Murphy, Spkr

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

HB 588. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Anno tated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such cred itable service and the payment required for such creditable service.

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 Alien Y Anderson YAshe Y Bailey Y 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 Y Brooks, T Y Brown, J

Y Brush YBuck
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 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 Dobbs
Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwill

Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James
Jamieson Y Jenkins

Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann

100

JOURNAL OF THE HOUSE,

Y Martin YMcBee YMcCall Y McClinton
McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry

Y Pinholster YPolak Y Porter
Y Poston 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 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
Stanley, L Stanley, P Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest

YTwiggs 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, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Williams of the 83rd and Purcell of the 9th 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 announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 748 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Robert Benham, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
The Honorable Robert Benham appeared upon the floor of the House and addressed the Joint Session.

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

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

The Speaker called the House to order.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:

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

THURSDAY, JANUARY 11, 1996

101

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

HB 1161.

By Representative Carter of the 166th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide that private agents for ves sel registration may charge a certain fee.

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 Alien Y Anderson Y Ashe Y Bailey
Baker Y Bannister
YBartoot Y Bargeron Y Barnard
Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
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 Y Crawford

Y Crews Y Culbreth Y Cumroings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix
Dixon, H Diion, S Y Dobbs Y Ehrhart YEpps Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris
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
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 Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal Y Orrock YParham

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
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
Stanley, L Stanley, P Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense Turnquest Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
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, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was

HB 691. By Representatives Dobbs of the 92nd, Stancil of the 91st, Twiggs of the 8th and Walker of the 141st:
A bill to amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire at the age of 55 years.

The following Committee substitute was read and adopted:

102

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire after obtaining 25 years of creditable service; to provide con ditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION 1. Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Any member in service may retire upon written application to the board of trust ees, provided that the member at the time of retirement: (1) has attained the age of 60 years and has at least ten years of creditable service, or (2) has at least 36 yews of cred itable service, er {3} has attained the age ef 66 ycara *d has at least 25 years of credit able service. The effective date of retirement will be the first of the month in which the application is received by the board of trustees; except that no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 180 days in advance of the effective date of retirement."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAnderaon YAshe Y Bailey Y Baker Y Bannister Y Barfoot YBargeron Y Barnard
YBarnes Y Bates YBenefield
Birdsong
Y Bordeaux YBostick YBreedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush Y Buck YBuckner
Y Bunn YBurkhalter
YByrd Y Campbell

Y Canty Y Carter YChambless Y Channell N Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix YDixon, H
Dixon, S Y Dobbs
Y Ehrhart Y Epps
Y Evans Y Falls

Y Felton Y Floyd
Godbee Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin
Y Harris Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Y Johnson, G Y Johnson, J

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

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

THURSDAY, JANUARY 11, 1996

103

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 Smith, T
Y Smith, V Y Smith, W
Smyre Y Snelling YSnow Y Stafflngs Y StancU, F Y Stancil, S

Stanley, L Stanley, P Stephenson
Y Streat Y Taylor
Teague Y Teper
Thomas Y TUlman
Y Titus

Y Towery YTrense
Turnquest Twiggs
Y Walker, L Y Walker, R.L YWall 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, by substitute, the ayes were 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute

Due to a mechanical malfunction, the vote of Representative Purcell of the 9th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1160.

By Representative Carter of the 166th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to the classification of vessels and required equipment, so as to provide that certain vessels shall be equipped with certain types of life preservers.

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 Alien Y Anderson
Y Ashe Y Bailey Y Baker Y Bannister YBarfbot Y Bargeron N Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel!
Y Childere Y Coker
Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Davis, M
NDay Y DeLoach, B Y DeLoach, G
YDU Dixon, H Dixon, S
YDobbs YEhrhart YEpps N Evans Y Falls Y Felton Y Floyd Y Godbee
Golden YGoodwin
Y Greene Y Grindley Y Banner Y Harbin Y Harris 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 Y Joyce
YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter N Poston
Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins 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
Smith, T Y Smith, V N Smith, W

On the passage of the Bill, the ayes were 153, nays 5.

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 Thomas Y Tillman Y Titus Y Towery YTrense Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall
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

104

JOURNAL OF THE HOUSE,

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

Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Resolutions of the House were read and adopted:

HR 791. By Representatives Bunn of the 74th, Heckstall of the 55th, Hembree of the 98th, Mueller of the 152nd, Brown of the 130th and others:
A resolution expressing support for the American troops in Bosnia and Herzegovina urging President Clinton and the Congress to give the troops sufficient resources to ensure their well-being.

HR 795. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Murphy of the 18th and Johnson of the 97th:
A resolution to commend Mr. Harmon M. Born.

HR 796. By Representatives Ray of the 128th, James of the 140th and Jenkins of the 110th:
A resolution commending John Felton "Fessor" Lowrey.

HR 797. By Representative Rogers of the 20th: A resolution commending Don Brewer.

HR 798. By Representative Rogers of the 20th: A resolution expressing regret at the passing of Bobby Gruhn.

HR 799. By Representative Birdsong of the 123rd: A resolution expressing regret at the passing of Ms. Mardessia C. Eason.

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

FRIDAY, JANUARY 12, 1996

105

Representative Hall, Atlanta, Georgia Friday, January 12, 1996

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James Smith, Pastor, Christian Life Center, Rex, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1107. By Representatives Kaye of the 37th and Bannister of the 77th: A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to provide for a short title; to provide for the annual submission of a list prepared by each public college or university in this state composed of the number of students of such respective schools who were required to enroll in remedial courses and identi fying the local school systems from which such students graduated and the cost per system of providing such remedial instructions.
Referred to the Committee on University System of Georgia.

106

JOURNAL OF THE HOUSE,

HB 1112. By Representatives Kaye of the 37th, Barnes of the 33rd and Sherrill of the 62nd:
A bill to amend Code Section 20-2-31 of the Official Code of Georgia Anno tated, relating to the qualifications of the office of State School Superintend ent, so as to change certain requirements for eligibility for the office of State School Superintendent; to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to delete certain provisions relating to the certification and classifica tion of local school superintendents by the Professional Standards Commis sion.
Referred to the Committee on Education.

HB 1133. By Representatives Walker of the 87th, Dobbs of the 92nd, Johnson of the 84th and Stancil of the 91st:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence.
Referred to the Committee on Judiciary.

HB 1135. By Representative Woods of the 32nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the definition of the term "child abuse"; to define "psychological abuse" as a form of child abuse; to amend Code Section 49-5-180 of the Official Code of Georgia Annotated, relating to definitions relative to the central child abuse registry, so as to change the definition of the term "child abuse"; to provide a definition of the term "psy chological abuse".
Referred to the Committee on Judiciary.

HB 1265. 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, 1996, and ending June 30, 1997.
Referred to the Committee on Appropriations.

HB 1266. By Representative Campbell of the 42nd:
A bill to amend Code Section 43-17-3 of the Official Code of Georgia Anno tated, relating to registration of paid solicitors, so as to change certain requirements relating to the filing of a certified financial statement; to pro vide for a written accounting to the Secretary of State; to provide for infor mation contained in such accounting.
Referred to the Committee on Industry.

FRIDAY, JANUARY 12, 1996

107

HB 1267. By Representative Campbell of the 42nd:
A bill to amend Code Section 48-6-27 of the Official Code of Georgia Anno tated, relating to returns of intangible personal property, so as to delete a provision requiring the reporting of exempt property as well as taxable prop erty.
Referred to the Committee on Ways & Means.

HB 1268. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Anno tated, relating to general provisions relating to physically disabled persons, so as to provide criminal and civil penalties for action related to guide, leader, or service dogs for persons who are blind, deaf, audibly impaired, or physi cally limited.
Referred to the Committee on Health & Ecology.

HB 1269. By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as "The Entomology Act of 1937," so as to repeal the definition of the term "insect pests and plant disease"; to provide for a definition of the term "plant pest"; to change all references in said article to such term.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1270. By Representative Lane of the 146th:
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 provi sions relating to the rate of employer contributions; to change the period during which certain rates shall be in effect; to change the provisions relating to benefit experience in the payment of contributions.
Referred to the Committee on Industrial Relations.

HB 1271. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the treatment of intractable pain; to provide for a short title; to provide for definitions; to prevent hospitals and health care facilities from forbidding or restricting the use of controlled substances and dangerous drugs in treating intractable pain.
Referred to the Committee on Health & Ecology.

HB 1272. By Representatives Skipper of the 137th and Smith of the 12th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to change the definition of a certain term; to change the provisions relating to the selection of the chairperson of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers and the selection of the chairpersons of the divi sions of such board.
Referred to the Committee on Industry.

108

JOURNAL OF THE HOUSE,

HB 1273. By Representative Teper of the 61st:
A bill to amend Code Section 16-12-4 of the Official Code of Georgia Anno tated, relating to the offense of cruelty to animals, so as to change the provi sions relating to the crime of cruelty to animals; to provide that certain actions involving cruelty to an animal constitutes a felony.
Referred to the Committee on Special Judiciary.

HB 1274. 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 generally, so as to provide a statement of legislative policy; to provide for death by guillotine.
Referred to the Committee on Special Judiciary.

HB 1275. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage, so as to provide for evidence necessary to prove the conversion of an illicit sexual relationship into a common-law marriage; to provide that subsequent consent and ratification of certain void ceremo nial marriages make such marriages valid; to define common-law marriage.
Referred to the Committee on Judiciary.

HB 1276. By Representative Sauder of the 29th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding courts, so as to change certain provisions relating to extent of courts' contempt power; to prohibit certain television broadcasting from, or motion picture filming or videotaping in, courtrooms during judicial proceedings in cases except with the consent of the witness.
Referred to the Committee on Judiciary.

HB 1277. By Representatives Dobbs of the 92nd, Barfoot of the 155th, Floyd of the 138th, Kaye of the 37th, Hanner of the 159th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide a limitation of certain liability for the release of hazardous substances for certain subsequent pur chasers of property; to provide a short title; to define certain terms; to pro vide for powers and duties of the Board of Natural Resources.
Referred to the Committee on Natural Resources & Environment.

HB 1278. By Representatives Mobley of the 69th, Randall of the 127th, Martin of the 47th and Falls of the 125th:
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; to provide that otherwise valid common-law mar riages, entered into prior to July 1, 1996, shall not be affected and shall con tinue to be recognized in this state.
Referred to the Committee on Special Judiciary.

FRIDAY, JANUARY 12, 1996

109

HB 1279. By Representatives Ray of the 128th, Reaves of the 178th, James of the 140th, Purcell of the 147th and McCall of the 90th:
A bill to amend Code Section 2-9-6 of the Official Code of Georgia Anno tated, relating to bonds of dealers in agricultural products, the breach of con ditions, complaints to the Commissioner of Agriculture, hearings and settlement, actions on bonds, and pro rata distribution of insufficient bond proceeds, so as to provide for time limits for the filing of complaints, the giv ing of notice, and the commencement of actions.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1280. By Representative Mobley of the 69th:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for emergency motorist aid call boxes in certain areas along Interstate 75.
Referred to the Committee on Transportation.

HB 1281. By Representatives Skipper of the 137th, Childers of the 13th, Williams of the 114th, Culbreth of the 132nd and Streat of the 167th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the provisions relating to definitions; to provide for certificates of authority for certain new institutional health services and health care facilities and the conditions and procedures relating thereto; to change certain functions of the Health Planning Agency.
Referred to the Committee on Health & Ecology.

HB 1282. By Representatives Bannister of the 77th, Johnston of the 81st, Davis of the 60th, Mann of the 5th, Johnson of the 97th and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide that no political action committee shall accept or solicit any donation without first disclosing to the donor or prospective donor in writing that it is a politi cal action committee under the laws of this state.
Referred to the Committee on Rules.

HB 1283. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend Code Section 31-7-75.1 of the Official Code of Georgia Anno tated, relating to the requirement that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, so as to provide for an exception to such requirement when the hospital purchaser by contract agrees to fund commensurate indigent care.
Referred to the Committee on Health & Ecology.

HB 1284. By Representatives Snelling of the 99th, Kinnamon of the 4th, Chambless of the 163rd, Campbell of the 42nd, Barnes of the 33rd and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to enact comprehensive provisions regarding prison litigation reform.
Referred to the Committee on Judiciary.

110

JOURNAL OF THE HOUSE,

HB 1285. By Representatives Ray of the 128th, Bargeron of the 120th, Day of the 153rd and Martin of the 47th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to persons with disabilities, so as to provide legislative findings; to provide for the establishment of the Georgia Family Trust Corporation, the Georgia Family Trust, and the Georgia Family Trust Charitable Trust.
Referred to the Committee on Health & Ecology.

HB 1286. By Representatives Streat of the 167th and Murphy of the 18th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators of certain motor vehicle and traffic laws and probationary licenses, so as to change the provisions relating to when a person may be issued a probationary driver's license.
Referred to the Committee on Motor Vehicles.

HB 1287. By Representatives Sherrill of the 62nd, Shanahan of the 10th, Jenkins of the 110th, Polak of the 67th, Randall of the 127th and others:
A bill to amend Chapter 3 of Title 41 of the Official Code of Georgia Anno tated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial drug related activity occurs may be declared a nuisance.
Referred to the Committee on Special Judiciary.

HB 1288. By Representative Connell of the 115th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to create a special lien for certain appraisers of real estate.
Referred to the Committee on Judiciary.

HB 1289. By Representatives Irvin of the 45th, Ashe of the 46th, Campbell of the 42nd, Burkhalter of the 41st, Ladd of the 59th and others:
A bill to amend Title 31 and Title 37 of the Official Code of Georgia Anno tated, relating respectively to health and mental health, so as to prohibit the distribution, granting, allocation, provision, or payment of state funds to cer tain hospital authorities unless such hospital authorities contract for a study of privatization.
Referred to the Committee on Appropriations.

HB 1290. By Representatives Jamieson of the 22nd, Breedlove of the 85th, Maddox of the 108th, Williams of the 63rd, Hembree of the 98th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change a citation to a certain federal act; to amend a certain definition; to amend certain provisions relative to the appli cability of such article.
Referred to the Committee on Motor Vehicles.

FRIDAY, JANUARY 12, 1996

111

HB 1291. By Representatives Lane of the 146th, Kinnamon of the 4th, Lewis of the 14th, Martin of the 47th, 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 refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability compa nies to opt out of coverage.
Referred to the Committee on Industrial Relations.

HB 1292. By Representative Williams of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to obtain a single certificate of author ity for a multi-agent agency in lieu of obtaining a certificate for each individ ual agent; to prescribe the fees for such agency certificates.
Referred to the Committee on Insurance.
HB 1293. By Representatives Birdsong of the 123rd, Crews of the 78th and Smith of the 19th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Anno tated, relating to military affairs, so as to change the name of the state quartermaster to the state property and fiscal officer; to change the qualifica tions for such office; to repeal certain provisions which authorize the United States property and fiscal officer for this state to be designated as the state quartermaster.
Referred to the Committee on Defense & Veterans Affairs.

HB 1294. By Representative Birdsong of the 123rd:
A bill to amend Article 1 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions applicable to the arrest of persons, so as to change the provisions relating to the right of forcible entry into private dwellings pursuant to the execution of an arrest warrant.
Referred to the Committee on Judiciary.

HB 1295. By Representatives Jenkins of the 110th, Sherrill of the 62nd, Lewis of the 14th, Ray of the 128th, Rogers of the 20th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to deposit account fraud, so as to provide a mechanism for a court to award interest on restitution paid to the holder of the worthless instrument; to limit civil action if interest is awarded.
Referred to the Committee on Special Judiciary.

HB 1296. By Representatives Jenkins of the 110th, Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.
Referred to the Committee on Public Safety.

112

JOURNAL OF THE HOUSE,

HB 1297. By Representatives Crawford of the 129th and McCall of the 90th:
A bill to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, so as to provide for inverse condemnation; to provide that a government action, statute, ordinance or regulation specifically directed toward a parcel of real property which causes a diminution in value for its current use or a reasonable use constitutes a taking requiring just and adequate compensation.
Referred to the Committee on Judiciary.

HB 1298. By Representative Reichert of the 126th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Anno tated, relating to the offense of escape, so as to change the penalty provisions applicable to the offense of escape when such offense is committed under certain circumstances.
Referred to the Committee on Judiciary.

HB 1299. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to provide that parents, guardians, or other custodians of children be held accountable for their failure to appear with their children when ordered to do so by the juvenile court.
Referred to the Committee on Judiciary.

HB 1300. By Representatives Sinkfield of the 57th, McKinney of the 51st, McClinton of the 68th and Martin of the 47th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the provisions regarding the use of interest earned on certain reserve funds.
Referred to the Committee on State Planning & Community Affairs.

HB 1301. By Representative Williams of the 114th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for acceptance of a copy of a birth certificate in lieu of a social security number in applying to register to vote.
Referred to the Committee on Governmental Affairs.

HB 1302. By Representative Sauder of the 29th:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for minimum standards to qualify for the office of county commissioner.
Referred to the Committee on State Planning & Community Affairs.

HB 1303. By Representatives Henson of the 65th, Watson of the 139th, Ashe of the 46th, Walker of the 141st and Baker of the 70th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to create a special lien for interior designers.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 12, 1996

113

HB 1304. By Representative Parham of the 122nd:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia State War Veterans' Home, so as to impose certain conditions on the operation of said veterans' home; to prohibit the privatization of the operation of the veterans' home except under certain conditions.
Referred to the Committee on Defense & Veterans Affairs.

HB 1305. By Representative Teper of the 61st:
A bill to amend Code Section 7-1-1010 of the Official Code of Georgia Anno tated, relating to the annual written reports and financial statements to be filed by licensed mortgage brokers and lenders, so as to provide for an excep tion for small mortgage lenders who have been in business for ten years or more with a clean record to the requirement that annual audited financial statements be filed.
Referred to the Committee on Industry.

HB 1306. By Representative Smith of the 109th:
A bill to amend Code Section 43-14-6 of the Official Code of Georgia Anno tated, relating to powers and duties of divisions of the State Construction Industry Licensing Board, so as to change certain provisions relating to con tinuing education requirements for renewal of plumber licenses.
Referred to the Committee on Industry.

HB 1307. By Representative Smith of the 109th:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Anno tated, relating to school bus equipment generally, so as to require new school buses manufactured on or after January 1, 1997, to be equipped with seat belts for passengers.
Referred to the Committee on Motor Vehicles.

HB 1308. By Representative Smith of the 109th:
A bill to amend Code Section 36-5-21 of the Official Code of Georgia Anno tated, relating to vacancies in the office of county commissioner and other offices, so as to provide for the method of calling a special election to fill such a vacancy.
Referred to the Committee on Governmental Affairs.

HB 1309. By Representatives Culbreth of the 132nd, Buck of the 135th, Chambless of the 163rd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public administration, so as to provide for the offense of obstructing or hindering emergency medical professionals or persons working under the direction of emergency medical professionals.
Referred to the Committee on Judiciary.

114

JOURNAL OF THE HOUSE,

HB 1310. By Representative Streat of the 167th:
A bill to amend Code Section 4-6-1 of the Official Code of Georgia Anno tated, relating to definitions relating to livestock dealers, so as to redefine the term "livestock".
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1311. By Representative Streat of the 167th:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the 'Georgia Equine Act,' so as to change the provisions relating to veterinary services at equine sales.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1312. By Representatives Crawford of the 129th and Chambless of the 163rd:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Anno tated, relating to county law libraries, so as to add the presiding judge of the juvenile court or a designee to the board of trustees of the county law library.
Referred to the Committee on Judiciary.

HB 1313. By Representatives Crawford of the 129th, Brooks of the 103rd and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that sim ple assault, simple battery, or battery against a person authorized to drive a school bus is a felony offense in certain circumstances.
Referred to the Committee on Special Judiciary.

HB 1314. By Representatives Sherrill of the 62nd, Martin of the 47th, Childers of the 13th and Randolph of the 72nd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for certain long-term care insurance; to provide for conditions and limita tions.
Referred to the Committee on Ways & Means.

HB 1315. By Representatives Sherrill of the 62nd, Martin of the 47th, Childers of the 13th and Randolph of the 72nd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified caregiving expenses; to provide for definitions; to provide for conditions and limitations.
Referred to the Committee on Ways & Means.

FRIDAY, JANUARY 12, 1996

115

HB 1316. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 3 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change certain penalty provisions applicable to the offense of statutory rape; to provide for different penalties depending upon the ages of the perpetrator and victim.
Referred to the Committee on Special Judiciary.

HB 1317. By Representatives Poston of the 3rd, McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Teper of the 61st:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide definitions; to require the posting of notices by certain governmental agencies concerning the application or use of pesti cides or hazardous chemicals in certain buildings or any public park, schoolyard, or playground.
Referred to the Committee on Health & Ecology.

HB 1318. By Representatives Lucas of the 124th, Polak of the 67th, Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A bill to amend Chapter 2 of Title 21, relating to elections and primaries generally, and Code Section 45-5-3, relating to the election or appointment of successors to fill the unexpired term of certain public officers, so as to provide for the position on the general election ballot of candidates to fill the unexpired term of certain offices elected statewide.
Referred to the Committee on Governmental Affairs.

HB 1319. By Representatives Stanley of the 50th, Buck of the 135th, Orrock of the 56th, Holmes of the 53rd, Stanley of the 49th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific, business, and occupation taxes, so as to authorize the imposition and levy of certain excise taxes upon certain rental motor vehicles.
Referred to the Committee on Ways & Means.

HB 1320. By Representatives Parham of the 122nd, Murphy of the 18th, Birdsong of the 123rd, Johnson of the 84th, Coleman of the 142nd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relative to general provisions relating to insurance gener ally, so as to provide for diabetes services, treatment, equipment, and sup plies.
Referred to the Committee on Insurance.

HB 1321. By Representatives Hugley of the 133rd, Skipper of the 137th, Shipp of the 38th, Towery of the 30th, Henson of the 65th and others:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Anno tated, relating to health maintenance organizations, so as to provide for a point-of-service option for certain persons offered health insurance coverage through a health maintenance organization.
Referred to the Committee on Insurance.

116

JOURNAL OF THE HOUSE,

HR 792. By Representatives Titus of the 180th and Bates of the 179th:
A resolution designating the Thomasville Regional Youth Detention Center as the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center.
Referred to the Committee on State Institutions & Property.

HR 800. By Representative Smith of the 109th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to allocate by local Act a portion of the proceeds from a county's real property taxes for library services.
Referred to the Committee on Ways & Means.

HR 801. By Representatives Irvin of the 45th and Ashe of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that the 20 mill limitation with respect to the levy of ad valorem taxes for school purposes which is applicable to a county school system shall likewise be applicable to an independent school system.
Referred to the Committee on Ways & Means.

HR 803. By Representatives Culbreth of the 132nd and Buck of the 135th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by general law for a refundable income tax credit with respect to ad valorem taxes paid on agricultural, com mercial, industrial, or residential property, or any combination thereof.
Referred to the Committee on Ways & Means.

HR 804. By Representative Barnard of the 154th: A resolution designating the J. Max Cheney Memorial Bridge.
Referred to the Committee on Transportation.

HR 805. By Representatives Twiggs of the 8th, Purcell of the 9th, Stancil of the 16th, Pinholster of the 15th, Rogers of the 20th and others:
A resolution designating the Southern Highroads Scenic Highway.
Referred to the Committee on Transportation.

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

HB 1113 HB 1131 HB 1132 HB 1143 HB 1240 HB 1241 HHBB 11224423
HB 1244
HB 1245
HB 1246

HB 1247 HB 1248 HB 1249 HB 1250 HR HR HHBB 1253
HB 1254
HB 1255
HB 1256

FRIDAY, JANUARY 12, 1996

117

HB 1257 HB 1258 HB 1259 HB 1260 HB 1261 HB 1262

HB 1263 HB 1264 HR 737 HR 787 HR 788 HR 789

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 841 Do Pass HB 1175 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:

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

HB 1170 Do Pass, by Substitute HB 1172 Do Pass, by Substitute HB 1188 Do Pass

HB 1197 Do Pass, by Substitute SB 1 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1199 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

118

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1191 Do Pass
Respectfully submitted, /s/ Dixon of the 168th
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 1225 Do Pass
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 1225.

By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the City of Richmond Hill Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93. nays 6.
The Bill, having received the requisite constitutional majority, was passed.

Representative Martin of the 47th arose to a point of personal privilege and addressed the House.

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

HR 332. By Representatives Godbee of the 145th and Lane of the 146th:
A resolution honoring Paul E. Nessmith and designating a portion of U.S. Highway 25 as the "Paul E. Nessmith Parkway".

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:

FRIDAY, JANUARY 12, 1996

119

Y Alien Y Andereon YAshe Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck
Buckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell
Y Childere Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cumrnings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix
Dixon, H
Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans
Falls E Felton Y Floyd YGodbee
Golden YGoodwin
Greene Grindley Hanner Y Harbin Y Harris
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 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 Y Maddox YMann Y Martin
McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster
YPolak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins YShanahan
YShaw Y SherriU
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 Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Stephenson Y Streat Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Towery Y Trense Turnquest Y Twiggs Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts
Y Westmorland YWhitaker
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 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 333. By Representatives Pelote of the 149th, Shanahan of the 10th, Smith of the 12th, Thomas of the 148th, Teper of the 61st and others:
A resolution urging the Safety Fire Commissioner to alert the public to the danger of carbon monoxide poisoning.
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 Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 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
Dobbs Y Ehrhart YEpps Y Evans Y Falls E Felton Y Floyd YGodbee
Golden YGoodwin

Greene Grindley Hanner Y Harbin Y Harris 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 YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann

120

JOURNAL OF THE HOUSE,

Y Martin YMcBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock YParham YParrish Y Parsons
Y Pelote Perry

Y Pinholster YPolak
Y Porter YPoston
Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay
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 YSmyre
Snelling

YSnow Y Stallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Y Turnquest

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

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

HB 1145.

By Representative Murphy of the 18th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the form of the final judgment and decree in divorce cases; to provide that certain provisions shall be included only where applicable and otherwise need not be included; to provide that findings relating to child support shall not be required where child support is not in issue.

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 Alien Y Anderson
YAshe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner N Bunn Y Burkhalter
YByrd
Y Campbell
Canty Y Carter Y Chambless
Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell 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 YDobbs YEhrhart YEpps Y Evans Y Falls E Felton Y Floyd YGodbee
Golden Y Goodwin
Greene Y Grindley Y Banner Y Harbin Y Harris 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 YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Y Martin Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPolak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay
Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W

YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y 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
White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

FRIDAY, JANUARY 12, 1996

121

On the passage of the Bill, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Due to a mechanical malfunction, the vote of Representative Buckner of the 95th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 845. By Representatives Jenkins of the 110th and Streat of the 167th: A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the calculation of retirement benefits.
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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron
Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, J
Brush YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y ChUders Y Coker Y Coleman, B Y Coleman, T Y Cornell Y Crawford

Y Crews Y Culbreth Y Cununings Y Davis, G N Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H Y Dixon, S
Y Dobbs YEhrhart
YEpps N Evans Y Falls E Felton Y Floyd
Y Godbee Golden
YGoodwin Greene
Y Grindley Y Manner Y Harbin Y Harris 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 Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd NLakly 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 YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPolak Y Porter
Poston Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Shanahan YShaw Y Sherrill Y Shipp Y Simpson 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 Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall
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, the ayes were 151, nays 6. The Bill, having received the requisite constitutional majority, was passed.

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.

HR 728. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes.

122

JOURNAL OF THE HOUSE,

The following Committee substitute was read and withdrawn:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for capital outlay projects for educational purposes; to provide for procedures, conditions, and limitations; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by adding at the end thereof a new Paragraph IV to read as follows:
"Paragraph IV. Sales tax for capital outlay projects for educational purposes, (a) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for capital outlay projects for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 per cent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph or in a local law enacted pursu ant to this Paragraph, shall correspond to and be levied in the same manner as, the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to the special county 1 percent sales and use tax. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial impo sition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect.
(b) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) the specific capital outlay projects to be funded; (2) the maximum cost of such project or projects, which cost shall also be the maximum amount of net pro ceeds to be raised by the tax; and (3) the maximum period of time, to be stated in cal endar years or calendar quarters and not to exceed five years.
(c) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law.
(d) The tax imposed pursuant to this Paragraph shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state.
(e) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(f) A county school district and the independent school districts in such county are authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this Paragraph.
(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts in such county according to the ratio the popula tion in each school district bears to the total population of the county or upon such other formula for distribution as may be determined by local law.
(h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized capital outlay projects for education shall be used solely for the purpose of reducing any indebtedness of the school system.
(i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this

FRIDAY, JANUARY 12, 1996

123

Paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or here after enacted dealing with the subject matter of this Paragraph and any local law adopted pursuant to the authority of this Paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law.
(j) No county or independent school district which levies and collects a sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment shall be authorized to simultaneously impose, levy, and collect the tax pro vided for under this Paragraph."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the boards of edu cation of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for capital outlay projects for educational purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following substitute, offered by Representative Royal of the 164th, et al., was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for certain educational purposes; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by adding at the end thereof a new Paragraph IV to read as follows:
"Paragraph IV. Sales tax for educational purposes, (a) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by con current resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Para graph or in a local law enacted pursuant to this Paragraph, shall correspond to and be levied in the same manner as, the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax. Proceedings for the reimposition of such tax shall be in the same man ner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect.

124

JOURNAL OF THE HOUSE,

(b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:
(1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax autho rized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if each affected county or independent board of education reduces its millage rate for the year following the year the funds are expended in an amount equivalent to the amount of funds expended under this subparagraph (b)(2) during such previous calendar year. In the event of failure to comply with the require ments of this subparagraph (b)(2), as certified by the Department of Revenue, no fur ther funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing.
(c) The resolution calling for the imposition of the tax and the ballot question shall each describe:
(1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state.
(f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county accord ing to the ratio the population in each school district, or portion thereof, bears to the total population of the county or upon such other formula for distribution as may be determined by local law.
(h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system.
(i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this Paragraph and to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the
projects and purposes for which the tax was levied. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted
dealing with the subject matter of this Paragraph and any local law adopted pursuant to the authority of this Paragraph shall control that subject matter notwithstanding the
provisions of any conflicting general law. (j) No county or independent school district which levies and collects a sales tax, use
tax, or sales and use tax for educational purposes pursuant to a local constitutional
amendment shall be authorized to simultaneously impose, levy, and collect the tax pro
vided for under this Paragraph."

FRIDAY, JANUARY 12, 1996

125

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the boards of edu cation of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for certain educa tional purposes subject to approval in a local referendum?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read:

Representative Joyce of the 1st moves to amend the Floor substitute to HR 728 as follows: Page 3 line 15 remove "." and insert after "system"
, or reducing school system millage rate should indebtedness not exist.

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

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

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

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

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

On the adoption of the amendment, the ayes were 66, nays 92.

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

126

JOURNAL OP THE HOUSE,

The amendment was lost.

The Floor substitute was adopted.

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

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

Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M
YDay Y DeLoach, B Y DeLoach, G
YDU Y Diion, H Y Diion, S Y Dobbs YEhrhart YEpps Y Evans Y Falls E Felton Y Floyd YGodbee
Golden YGoodwin
Greene Y Grindley Y Banner Y Harbin Y Harris 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 N 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
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
Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
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, by substitute, the ayes were 163, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Due to a mechanical malfunction, the vote of Representative Buckner of the 95th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

HR 806. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th, Skipper of the 137th, Dixon of the 150th and others:
A resolution commending the Georgia Historical Society for its "Initiative 2000" and inviting representatives of the society to appear before the House of Representatives.

FRIDAY, JANUARY 12, 1996

127

HR 807. By Representative Birdsong of the 123rd:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 802. By Representative Tillman of the 173rd: A resolution expressing regret at the passing of Lelner Jean Parham.

HR 808. By Representatives Turnquest of the 73rd, Jones of the 71st and Baker of the 70th:
A resolution commending the Southwest DeKalb High School Panthers for winning the Class AAAA State Football Championship.

HR 809. By Representative Birdsong of the 123rd: A resolution commending Mr. James Colbert.

Pursuant to SR 383, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 22, 1996.

128

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 22, 1996

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:

Andereon Ashe Bannister Barfoot
Barnard Barnes
Bates Benefield Birdsong Bostick Breedlove Brooks, D Brooks, T Brown, J
Buck Buckner
Bunn
Burkhalter
Byrd Campbell
Canty Carter Chambless Channell Childere Coker Coleman, B Coleman, T Connell Crews

Culbreth Cummings Davis, G Davis, M Day DeLoach, B Dix Dixon, H Dobbs Ehrhart Epps Evans Felton Floyd Godbee Golden Good win Greene Hanner Harbin Harris Heckstall Hegstrom Hembree Henson Holland Holmes Howard Hudson Hugley

James Jamieson Johnson, G Johnson, J Johnston
Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lewis Lifsey Lord Mann Martin McBee McCaU McClinton McKinney Mills Mobley, J Mosley Mueller Parham Parsons Perry Pinholster Polak

Poston Powell Purcell, A Purcell, B Randolph Reaves Reichert Roberts Royal Sanders Sauder
Scoggins Shanahan 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

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

The following members were off the floor of the House when the roll was called:
Representatives Baker of the 70th, Heard of the 89th, Maddox of the 108th, Lucas of the 124th, Bailey of the 93rd, Randall of the 127th, Porter of the 143rd, Mobley of the 69th, Orrock of the 56th, Jones of the 71st, Falls of the 125th, Ray of the 128th, Brush of the 112th, Crawford of the 129th, Parrish of the 144th, Bordeaux of the 151st, Grindley of the 35th, Teague of the 58th, Smyre of the 136th, O'Neal of the 75th, Irvin of the 45th and Lawrence of the 64th.
They wish to be recorded as present.

Prayer was offered by the Reverend David O. Jones, Pastor, Jordan Chapel Church of God, Augusta, Georgia.

The members pledged allegiance to the flag.

Representative Byrd of the 170th, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

MONDAY, JANUARY 22, 1996

129

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

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

HB 1322. By Representatives Reichert of the 126th, Channell of the lllth and Jenkins of the 110th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, so as to provide concurrent jurisdiction for certain probate courts over cases charging possession of one ounce or less of marijuana and cases charg ing furnishing alcoholic beverages to persons under 21 or purchase or posses sion of alcoholic beverages by underage persons.
Referred to the Committee on Judiciary.

HB 1323. By Representatives Culbreth of the 132nd, Taylor of the 134th, Ashe of the 46th, Trense of the 44th and McBee of the 88th:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions relative to interest and usury, so as to provide for interest on arrearage on child support, alimony, and property division payments whether or not such arrearages have been reduced to judgement.
Referred to the Committee on Judiciary.

HB 1324. By Representatives Purcell of the 147th, Walker of the 141st, DeLoach of the 172nd, Reichert of the 126th, Watson of the 139th and others:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to provide that such licenses may be issued to nonresidents domiciled in this state.
Referred to the Committee on Public Safety.

HB 1325. By Representatives Tillman of the 173rd, Davis of the 48th, Parrish of the 144th, McKinney of the 51st, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that with respect to any person who has been convicted of a capital offense and has had imposed upon him or her prior to July 1, 1996, a sentence of death, the death penalty shall be carried out by electrocution.
Referred to the Committee on Special Judiciary.

130

JOURNAL OF THE HOUSE,

HB 1326. By Representatives Reichert of the 126th, Chambless of the 163rd, Skipper of the 137th, Shanahan of the 10th, Childers of the 13th and others:
A bill to amend Code Section 14-7-2 of the Official Code of Georgia Anno tated, relating to definitions relative to professional corporations, so as to add pharmacists to the definition of profession; to allow pharmacists to form professional corporations.
Referred to the Committee on Health & Ecology.

HB 1327. By Representative Connell of the 115th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to authorize the Georgia Golf Hall of Fame Board to apply for federal tax exempt status under Section 501 (C) (3) of the Internal Revenue Code of 1986; to provide for the applicability of nonprofit corporation status to the board.
Referred to the Committee on Ways & Means.

HB 1328. By Representatives Snow of the 2nd and Bailey of the 93rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Anno tated, relating to the Department, commissioner, and Board of Human Resources, so as to create the Georgia Council for Welfare Administration.
Referred to the Committee on Children and Youth.

HB 1329. By Representatives Buck of the 135th and Walker of the 141st:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxa tion, so as to provide for the proration of ad valorem property taxes owed with respect to wholly or partially destroyed property.
Referred to the Committee on Ways & Means.

HB 1330. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dentists and dental hygienists, so as to change the provi sions relating to teaching licenses; to change the provisions relating to renewal of licenses and provide for restoration and reissuance thereof.

1/22/1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1330. This notice is made prior to or upon reading the bill the first time.
M Childers Representative, 13th District
Referred to the Committee on Health & Ecology.

MONDAY, JANUARY 22, 1996

131

HB 1331. By Representative Childers of the 13th:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to driver's license applications and fees, so as to provide for the disclosure to certain organ procurement organizations of certain organ donor information contained on certain drivers' licenses.
Referred to the Committee on Motor Vehicles.

HB 1332. By Representatives Scoggins of the 24th and Purcell of the 9th:
A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to the transfer of handguns as collateral for loan or in pawn transfer, so as to change the time period during which the exemption granted for certain loan or pawn transactions is applicable.
Referred to the Committee on Public Safety.

HB 1333. By Representative Carter of the 166th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the compensation of the members of the board of commis sioners; to amend an Act providing for the election of the members of the board by the qualified voters of the entire county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1334. By Representative Irvin of the 45th:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Anno tated, relating to definitions relative to ad valorem taxation of property, so as to provide that assessment of the fair market value of real property for any tax year shall be made on the basis of value as of January 1 of such year.
Referred to the Committee on Ways & Means.
HB 1335. By Representative Irvin of the 45th:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings, so as to change the procedures when agency meetings are closed and provide for certain recordings and reviews thereof and for sanctions for violations.
Referred to the Committee on Judiciary.

HB 1336. By Representatives Murphy of the 18th and Benefield of the 96th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to change provisions relating to the effect of changes in congressional districts on boards and bodies whose membership is selected on the basis of residency within congressional districts.
Referred to the Committee on Transportation.

HB 1337. By Representative Williams of the 114th:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to driver's license applications and fees, so as to provide for the disclosure to certain organ procurement agencies of certain organ donor information contained on certain drivers' licenses.
Referred to the Committee on Motor Vehicles.

132

JOURNAL OF THE HOUSE,

HB 1338. By Representatives Williams of the 114th, Ehrhart of the 36th and Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Patient Protection Act".
Referred to the Committee on Insurance.

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 811. By Representatives Coker of the 31st, Towery of the 30th, Parsons of the 40th, Sauder of the 29th, Klein of the 39th and others:
A resolution urging the State Board of Transportation to designate Johnson Ferry Road in Fulton and Cobb Counties, or some appropriate part thereof, as a part of the State Highway System.
Referred to the Committee on Transportation.

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

HB 1107 HB 1112 HB 1133 HB 1135 HB 1265 HB 1266 HB 1267
HB 1268

HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301
i4"R

HR
tit)
HR
HR

1970
1Z/U
1971

HR 197^

HR m2

HR mt

HnRo 1l^97/ofi

H nRo 1L9^7i 7I HB 1278

H HO R 1!9//70
HB 1280

HR

HB 1283 HnoR 119/S844
HnoR 00

HB 1305 HB 1306 HB 1307 HB 1308 HTTBTJ 1309 j^g 1311
HB 1315
Tjg 1316 Tjtj 101 7 TTTJ Tjg 1319

HB 1287 HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HB 1294

TM HK 792 HR 80 HR 801 HR 803 HR 804 HR 805

MONDAY, JANUARY 22, 1996

133

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

Mr. Speaker:

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

HB 514 Do Pass HB 580 Do Pass, by Substitute HB 1065 Do Pass

HB 1234 Do Pass, by Substitute HB 1239 Do Pass, by Substitute

Respectfully submitted, /a/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 790 Do Pass HR 806 Do Pass HR 807 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1259 Do Pass
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 1259.

By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the creation or abolition by ordinance of a grievance and appeals board to hear and determine certain personnel issues and to fix the procedure, rules, and regulations therefor.

134

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 102, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 46. By Senators Broun of the 46th, Hooks of the 14th, Ray of the 19th and oth ers:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Lottery for Education Act," so as to change the definition of the term "educational purposes and programs"; to authorize appropriations from the Lottery for Education Account for the purpose of providing teachers and personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education the necessary training in the use and applica tion of computers.

SB 488. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dade County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.

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

HR 161. By Representatives Lord of the 121st and Bargeron of the 120th: A resolution designating the Rosa M. Tarbutton Memorial Library.

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

SB 46. By Senators Broun of the 46th, Hooks of the 14th, Ray of the 19th and oth ers:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Lottery for Education Act," so as to change the definition of the term "educational purposes and programs"; to authorize appropriations from the Lottery for Education Account for the purpose of providing teachers and personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education the necessary training in the use and applica tion of computers.
Referred to the Committee on Education.

MONDAY, JANUARY 22, 1996

135

SB 488. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dade County.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Rules and 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.

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

HR 790. By Representative McCall of the 90th:
A resolution to commend the Elbert County Blue Devils high school football team and to invite members of the team and Coach T. S. McFarrin to appear before the House of Representatives.

Representative Joyce of the 1st arose to a point of personal privilege and addressed the House.

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

HR 812. By Representatives Turnquest of the 73rd, Jones of the 71st and Baker of the 70th:
A resolution commending the Southwest DeKalb High School Panthers for winning the Class AAAA State Football Championship and inviting represen tatives of the team to appear before the House of Representatives.

HR 813. By Representative Birdsong of the 123rd:
A resolution commending the 1995 Twiggs Academy, Inc., Lady Trojans Varsity Softball Team and inviting the team to appear before the House of Representatives.

HR 814. By Representatives Lee of the 94th, Murphy of the 18th, Walker of the 141st and Stanley of the 50th:
A resolution commending and congratulating Ted Turner, Bobby Cox, John Schuerholz, and the Atlanta Braves baseball team and inviting them to appear before the House of Representatives.

HR 815. By Representative Birdsong of the 123rd:
A resolution commending Mrs. Fay B. Garner and inviting her to appear before the House of Representatives.

136

JOURNAL OF THE HOUSE,

HR 820. By Representative Whitaker of the 7th:
A resolution designating February 1, 1996 as "Apple Day at the Capitol" and inviting representatives from the Ellijay Apple Marketing Association to appear before the House or Representatives.

HR 821. By Representative Hanner of the 159th:
A resolution commending the 1995 Terrell Academy football team and invit ing the team and its coaches to appear before the House of Representatives.

HR 824. By Representatives Shaw of the 176th, Golden of the 177th, Reaves of the 178th and Carter of the 166th:
A resolution commending the 1995 Valdosta State University baseball team and inviting the team and its coach to appear before the House of Represen tatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 896. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-21 of the Official Code of Georgia Anno tated, relating to the creation of the office of secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the retirement benefits of such officer under such system.

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:

Alien Y Andersen Y Ashe
Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
YBostick YBreedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush Y Buck Y Buckner Y Bunn Y Burkhalter Yi BByyrrda Y Campbell Y Canty Y Carter YChambless YChannell YChildera YCoker
Y Coleman, B

Y Coleman, T Y Cornell
Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B
DeLoach, G Y Dix Y Dixon, H E Dixon, S
YDobbs Y Ehrhart Y Epps
Evans Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Yx Gurreeeene Y Grindley Y Hanner Y Harbin Y Harris Heard Y Heckstall Y Hegstrom
Y Hembree

Y Henson Y Holland Y Holmes
Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane
Lawrence Y Lee Y Lewis YY Ltiiflsey Y Lord
Lucas Maddox Y Mann Martin Y McBee Y McCall
Y McClinton

Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons E 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 Yi Rtieicnhert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Y Shaw

Y Sherrill 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 Y Snow
Stallings Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Stephenson Streat y Taylor
Teague v Toner v ThTM
,, i. *" Y Iitus Y Towery Y Trense Y Turnquest Y Twiggs

MONDAY, JANUARY 22, 1996

137

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 YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Streat of the 167th and Heard of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 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.

The following amendment was read and lost:

Representative Joyce of the 1st moves to amend HB 1015 as follows: Page 2 strike paragraph B line 15 through 24.

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:

Alien Y Anderson YAshe Y Bailey Y Baker
Y Bannister YBarfoot
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, J N 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 Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H E Dixon, S Y Dobbs Y Ehrhait YEpps Y Evans Y Falls N Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene
Grindley Y Manner Y Harbin Y Harris 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 N Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly YLane
Lawrence YLee Y Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee Y McCall N McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley N Mueiler
O'Neal Y Orrock Y Parham

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

YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus 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
N Williams, B
Williams, J
Y Williams, R
Y Woods YYates
Murphy, Spkr

138

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 147, nays 11. The Bill, having received the requisite constitutional majority, was passed.

Representative Mosley of the 171st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

The following Resolution of the House was read:

HR 822. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Connell of the 115th, Stephenson of the 25th and others

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 26, 1996, and shall reconvene on Monday, January 29, 1996.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1996 session of the General Assembly until its adjournment sine die, unless otherwise provided by reso lution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Alien Y Andereon Y Ashe Y Bailey Y Baker
Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes
Bates Y Benefield
Birdsong Y Bordeaui Y Bostick YBreedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush
YBuck YBuckner Y Bunn
YBurkhalter YByrd
Y Campbell Y Canty Y Carter YChambless Y Channel! Y Childers Y Coker

YColeman, B Y Coleman, T Y Connell Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B
DeLoach, G Y Dk
Dixon, H E Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls
YFelton Y Floyd Y Godbee
Y Golden Y Goodwin
Y Greene Y Grindley
Banner Y Harbin Y Harris Y Heard Y Heckstall

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye
Kinnamon Y Klein
Y Ladd Y Lakly Y Lane
Lawrence Y Lee
Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann Y Martin

Y McBee Y McCall Y McClinton Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons E 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 Scoggins
Y Shanahan Y Shaw Y Sherrill
Y Shipp Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Smyre Y Snelling Y Snow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley,? Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus

MONDAY, JANUARY 22, 1996

139

Y Towery Y Trense
Tumquest 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 159, nays 0. The Resolution was adopted.

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

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.

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:

Alien Y Anderson YAshe Y Bailey
Y Baker Bannister Barfoot Bargeron
Y Barnard Y Barnes
Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
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 Connell Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H E Dixon, S Y Dobbs YKhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene
Grindley Hanner Y Harbin Harris 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 YLakly YLane
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
O'Neal
Y Orrock YParham

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

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was

YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson YStreat Y Taylor Y Teague Y Teper Y Thomas YTiUman 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

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

140

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member who was previously an officer or employee of the Georgia Housing and Finance Authority shall be entitled to receive credit able service for such prior service; to provide for the transfer or payment of certain funds; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-2-98.
(a) As used in this Code section, the term: (1) 'Authority' means the Georgia Housing and Finance Authority established by Chapter 26 of Title 50. (2) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (b)(l) Any member of this retirement system who became a member on or after July 1, 1995, and who, immediately prior to becoming a member, was an officer or employee of the authority shall, upon furnishing proof of prior employment to the board of trustees and subject to the provisions of paragraph (2) of this subsection, be eligible to receive creditable service under this retirement system for such prior ser vice. (2) A member subject to this Code section shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to the date he or she became a member of this retirement system to satisfy all or a portion of the cost to receive creditable service allowed pursuant to paragraph (1) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer's or employee's annuity account established by the retirement system. The authority shall be authorized, but not required, to supplement such amount so transferred. The member shall receive such creditable service as the combination of funds so transferred or paid would warrant without creating any additional accrued liability of the retirement system, up to the maximum amount of creditable service allowed by paragraph (1) of this subsection.
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not

MONDAY, JANUARY 22, 1996

141

become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien Y Anderson 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 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
Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H E 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 Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
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
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
O'Neal
Y Orrock YParham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins YShanahan 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 Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall
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 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1199. By Representatives Buck of the 135th and Manner of the 159th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoe nas and notices to produce, so as to provide that persons employed by the Department of Natural Resources as corrections officers shall be entitled to certain witness fees.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so

142

JOURNAL OF THE HOUSE,

as to provide that persons employed by the Department of Natural Resources as law enforcement officers shall be entitled to certain witness fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, is amended by striking in its entirety Code Section 24-10-27.1, relating to witness fees for certain officers, and inserting in lieu thereof the following:
"24-10-27.1.
(a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, any person employed by the Department of Natural Resources as a law enforcement officer, or any arson investigator of the state fire marshal's office who shall be required by writ of sub poena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his or her designees, the commanding officer of the Georgia State Patrol or his or her designees, the Commis sioner of Natural Resources or his or her designees, the superintendent of the institu tion, or the state fire marshal shall certify that the claimant has not received any overtime pay for his or her attendance and that his or her attendance was required dur ing hours other than regular duty hours. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the offi cer may have received requiring him or her to appear in such court or before the grand jury on any one day.
(b)(l) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, any correctional officer, any person employed by the Department of Natural Resources as a law enforcement officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his or her desig nees, the commanding officer of the Georgia State Patrol or his or her designees, the Commissioner of Natural Resources or his or her designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received

MONDAY, JANUARY 22, 1996

143

any overtime pay for his or her attendance and that his or her attendance was required during hours other than regular duty hours. (2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24."
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:

Alien Y Anderson
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 Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B DeLoach, G
YDix Y Dixon, H E Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Palls Y Pelton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris 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
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
O'Neal Y Orrock YParham

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

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute;.

HB 1170.

By Representatives Walker of the 141st, Royal of the 164th and Bostick of the 165th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agen cies, boards, bureaus, commissions, authorities, and similar bodies.

144

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agencies, boards, bureaus, commissions, authorities, and similar bodies; to require agencies to provide an estimate of fees as a condition for assessing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by inserting in Code Section 50-18-71, relating to access for copying documents and fees, a new subsection to be designated subsection (g) to read as follows:
"(g) Whenever any person has requested one or more copies of a public record and such person does not pay the copying charges and charges for search, retrieval, or other direct administrative costs in accordance with the provisions of this Code section:
(1) A county or a department, agency, board, bureau, commission, authority, or simi lar body of a county is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county; (2) A municipal corporation or a department, agency, board, bureau, commission, authority, or similar body of a municipal corporation is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assess ments owed to the municipal corporation; (3) A consolidated government or a department, agency, board, bureau, commission, authority, or similar body of a consolidated government is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assess ments owed to the consolidated government; (4) A county school board or a department, agency, board, bureau, commission, authority, or similar body of a county school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assess ments owed to the county; (5) An independent school board or a department, agency, board, bureau, commission, authority, or similar body of an independent school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assess ments owed to the municipal corporation; and (6) A joint or regional authority or instrumentality which serves one or more counties and one or more municipal corporations, two or more counties, or two or more munici pal corporations is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county if a county is involved with the authority or instrumentality or in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation if a municipal corporation is involved with the authority or instrumentality. This subsection shall apply whether or not the person requesting the copies has appeared to receive the copies."
SECTION 2. Said article is further amended by inserting a new Code section to be designated Code Section 50-18-71.2 to read as follows:
"50-18-71.2.
Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance

MONDAY, JANUARY 22, 1996

145

with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Woods of the 32nd moves to amend the Committee substitute to HB 1170 as follows:
On page 1 after line 14 insert:
"is amended by revising subsection (c) to read as follows:
(c) Where no fee is otherwise provided by law, the Agency may charge and collect a uniform copying fee not to exceed 25$ per page; or the cost of copying the material at the nearest commercial copying service capable of copying the material, whichever is less.
Said Article is further amended by inserting a new subsection to be designated subsection (g) to read as follows:"
And delete line 15-17.

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:

Alien
Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot
Bargeron Y Barnard Y Batnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G Dix Y Dixon, H E Diion, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Manner Y Harbin Y Harris Y Heard
Y Heckstall Y Hegstrom Y Hembree

Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hugley Ylrvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Y Maddox YMann
Y Martin Y McBee
Y McCall Y McClinton

Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock Y Farham Y Parrish Y Parsons E 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
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

146

JOURNAL OF THE HOUSE,

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

Y Watson Y Watts Y Westmoreland

Y Whitaker Y White Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HR 806. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th, Skipper of the 137th, Dixon of the 150th and others:
A resolution commending the Georgia Historical Society for its "Initiative 2000" and inviting representatives of the society to appear before the House of Representatives.

HR 807. By Representative Birdsong of the 123rd:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives.

Representative Teague of the 58th arose to a point of personal privilege and addressed the House.

The Speaker Pro Tern assumed the Chair.

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

HB 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.

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:

Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnard
YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Childere Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day

Y DeLoach, B DeLoach, G
Y Dix Dixon, H
E Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden

Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard

MONDAY, JANUARY 22, 1996

147

Y Hudson Y Hugley
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 Y Lawrence
YLee Y Lewis Y Lifsey YLord

Y Lucas Y Maddox Y Mann
Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak

Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill Y Shipp
Y Simpson Y 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 Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Vi W w iittenos
Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 743. By Representative Cummings of the 27th:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Anno tated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a mem ber must make contributions for spouses' benefits.

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:

Alien Y Anderson 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 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
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H
E Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y 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 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 E 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
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson
Y Streat
Y Taylor
Y Teague
Y Teper
Y Thomas
Y Tillman
Y Titus
Y Towery
Y Trense
Turnquest
Y Twiggs

148

JOURNAL OF THE HOUSE,

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

Y Watson Y Watts Y Westmoreland

Y Whitaker Y White Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1159.

By Representatives Carter of the 166th, Smith of the 174th, DeLoach of the 172nd, Tillman of the 173rd and Streat of the 167th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, is amended by inserting immediately fol lowing Code Section 27-4-132 the following:
"27-4-132.1. (a) No person or persons occupying the same boat taking shrimp by means of a cast net may take or possess more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 24 hour period. No vessel owner shall allow the vessel to be used by any person or persons to take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 24 hour period regardless of the number of trips made or the dura tion of any trip by such vessel. (b) Violation of subsection (a) of this Code section shall constitute a misdemeanor. In addition to any criminal penalties assessed, any person violating the provisions of sub section (a) of this Code section shall pay a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien Y Anderson
Y Ashe

Y Bailey Y Baker
Y Bannister

Y Barfoot Bargeron
Y Barnard

Y Barnes Y Bates
Y Benefield

Y Birdsong Y Bordeaui
Y Bostick

MONDAY, JANUARY 22, 1996

149

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J N 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 Y Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M
YDay Y DeLoach, B
DeLoach, G YDii Y Dixon, H E 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 Banner Y Harbin Y Harris 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 Y Jones Y Joyce

YKaye Kinnamon
Y Klein YLadd Y Lakly NLane 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 N Mosley Y Mueller Y O'Neal Y Orrock YParham N Parrish Y Parsons E 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 Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow

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

On the passage of the Bill, by substitute, the ayes were 164, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1162.

By Representative Carter of the 166th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the Department of Natural Resources may regulate fishing on fish hatcheries; to provide that the Board of Natural Resources may establish creel and pos session limits and size restrictions on taking certain species of fish.

The following Committee substitute was read:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the Department of Natural Resources may regulate fishing on fish hatcheries and natural areas; to provide that the Board of Natural Resources may establish creel and possession limits and size restrictions on taking certain species of fish; to provide that the board may regulate catch and release fishing; to allow the board to promulgate rules relating to the use of public fishing areas; to autho rize the department to regulate parking on public fishing areas and to provide that a park ing ticket constitutes a legal summons; to authorize the board to determine where artificial lures must be used; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia, the Game and Fish Code, is amended by striking in its entirety paragraph (4) of Code Section 27-1-2, relating to definitions relative to the Game and Fish Code, and inserting in lieu thereof the following:

150

JOURNAL OF THE HOUSE,

"(4) 'Artificial lure' means any lure which is manmadc made completely of natural or colored plastic, wood, cork, rubber, metal, feathers, hair, tinsel, styrofoam, sponge, or string, or any combinations of such materials, in imitation of or as a substitute for natural bait. This Such term includes artificial flies bat does not include fish eggs, corn, ef chemically treated er processed foods any item which is sprayed with or con taining scented or chemical attractions."
SECTION 2. Said title is further amended by striking in its entirety Code Section 27-1-33, relating to noncompliance with laws while on a fishing area or wildlife management area, and insert ing in lieu thereof the following:
"27-1-33.
(a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area2 fish hatchery, or natural area, or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlaw ful for any person except those specifically excluded by law to hunt on a wildlife man agement area without a valid wildlife management area stamp as authorized by Code Section 27-2-23. Such stamp must be affixed to a valid hunting license and signed by the license holder. (b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing areai fish hatchery, or natural area, or en any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass."
SECTION 3. Said title is further amended by inserting at the end of Code Section 27-1-35, relating to the jurisdiction of the probate courts over certain offenses, the following:
"(e) Personal delivery of a summons to the persons charged shall constitute due and proper service of the summons; provided, however, that if the violation is for a vehicle parking violation involving an unattended vehicle, service may be made by placing the summons on the driver's side of the windshield of the vehicle."
SECTION 4. Said title is further amended by striking in its entirety Code Section 27-4-10, relating to creel and possession limits, which reads as follows:
"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;

MONDAY, JANUARY 22, 1996

151

(4) Notwithstanding the provisions of paragraph (3) of this Code section to the con trary, from the Ogeechee River, the Oconee River downstream of Georgia Highway 22 in Milledgeville, the Ocmulgee River downstream of 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) Fifteen of any one or a combination of the following species of pickerel: (A) Chain; (B) Grass; (C) Redfin; (9) Thirty of any one or a combination of the following species: (A) Black crappie; (B) White crappie; (10) Eight of any one or a combination of the following species: (A) American shad; (B) Hickory shad; (11) A total of 50 of all of the species named in this Code section.", and inserting in lieu thereof the following:
"27-4-10.
(a) It shall be unlawful to take in one day or to possess at any one time, except at a commercial storage facility or at one's place of abode other than a temporary camp site or cabin, more than the creel and possession limits established by the board for that fish species; provided, however, that it shall be illegal to possess more than a total of 50 indi viduals of all species named in this Code section. It shall be unlawful to take from the waters of this state or to possess any fish species larger or smaller or in numbers greater than the limits established by the board in accordance with this Code section. The board shall establish creel and possession limits which shall be no greater than the following limits and shall establish sizes of fish species within the following ranges which may not be taken:

Species

Ranges of Sizes Within Which Fish May Not Be Taken

Maximum Daily Creel And
Possession Limit

(1) Largemouth bass

0 -- 24 inches

10

(2) Smallmouth bass

0 -- 18 inches

10

(3) Shoal bass

0 -- 18 inches

10

(4) Suwannee bass

0 -- 18 inches

10

(5) Spotted bass or Kentucky bass

0 -- 18 inches

10

(6) Redeye bass or Coosa bass

0 -- 12 inches

10

152

JOURNAL OF THE HOUSE,

(7) Mountain trout

0 -- 24 inches

8

(8) White bass

0 -- 36 inches

15

(9) Striped bass

0 -- 36 inches

15

(10) Striped white bass hybrids

0 -- 36 inches

15

(11) Any one or combination of the species of bream or sunfish

0 -- 10 inches

50

(12) Walleye

0 -- 24 inches

15

(13) Sauger

0 -- 24 inches

15

(14) Chain pickerel

0 -- 24 inches

15

(15) Grass pickerel

0 -- 12 inches

15

(16) Redfin pickerel

0--12 inches

15

(17) Black crappie

0 -- 14 inches

30

(18) White crappie

0 -- 14 inches

30

(19) American shad

0 -- 30 inches

8

(20) Hickory shad

0 -- 24 inches

8

(b) In accordance with sound principles of wildlife research and management, the board shall have the authority to promulgate rules and regulations establishing size limits, open seasons, creel and possession limits, and possession and landing specifications on a state-wide, regional, or local basis in accordance with this Code section. The board is further authorized to designate certain areas as catch and release fishing areas and to promulgate rules and regulations necessary for the management of such areas for catch and release fishing."

SECTION 5. Said title is further amended by striking in its entirety Code Section 27-4-11, relating to size limits of certain fish, which reads as follows:
"27-4-11.
(a) It shall be unlawful to take or have in possession from any of the waters of this state any largemouth bass less than six inches in length. It shall also be unlawful to take or have in possession from any of the waters of this state any largemouth bass from six to 18 inches in length, provided that the board shall permit exceptions to this restriction by regulations promulgated in accordance with current, sound principles of wildlife man agement. (b) It shall be unlawful to take or possess any shoal bass (Flint River smallmouth bass) less than 12 inches in length from the Flint River or any of its tributary streams. (c) It shall be unlawful to take or have in possession from the Richard B. Russell Lake any species of mountain trout which is less than 12 inches in length. (d) It shall be unlawful to take or have in possession any brook trout less than 18 inches in length or any rainbow or brown trout less than 22 inches in length taken from Waters Creek upstream from its junction with Dick's Creek. (e) It shall be unlawful to take from or have in possession while fishing Noontootla Creek or its tributaries within the Blue Ridge Management Area any mountain trout less than 16 inches in length." and inserting in lieu thereof the following:

MONDAY, JANUARY 22, 1996

153

"27-4-11.
It shall be unlawful to fish in ponds or other waters of fish hatcheries owned or operated by the department, except for those waters which the department opens for fishing. The department may set special creel limits, hours, open dates, age limitations, and other conditions for fishing in the ponds or other waters at each facility."
SECTION 6. Said title is further amended by striking in its entirety Code Section 27-4-11.1, relating to the possession of firearms and intoxication on public fishing areas, and inserting in lieu thereof the following:
"27-4-11.1.
(a) It shall be unlawful for any person on any public fishing area owned or operated by the department:
(1) To possess a firearm during a closed hunting season for that area unless such fire arm is unloaded and stored in a motor vehicle so as not to be readily accessible; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area; or (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-302 the provisions of Chapter 3 of this title relating to hunting while under the influence of drugs or alcohol. (b) It shall be unlawful for any person to fish at any time in any pond or lake on a public fishing area owned or operated by the department which has been posted 'closed' by the department for purposes of fisheries management or to take or possess any spe cies or any size of any species or to exceed the creel limit of fish any species at any time from any pond or lake on a public fishing area which has been posted with a sign which states that that species or size may not be taken or that creel limit exceeded. Creel and size limits posted as permissible must be within the limits set forth in Code Section 27-4-10 and, if applicable, the limits set by the board pursuant to subsection (c) of this Code section. (c) It shall be unlawful for any person to take in one day or to possess at any one time any number of fish caught from public fishing areas except in compliance with limits set by rule and regulation of the board, which limits shall not be less than one ef a spe cies or more than the maximum limit for that species set forth in Code Section 27-4-10. \Q) it sn&ll DC uniflwiui tor fitly person to 11911 witft flny gcftf other tofin pole find itme^ duel no person snfiii iisn witn more tnfin two poles find lines fir flny puDiic tisning o,reflj

Dy flny person tft trie txum oreck ruuiic r isnmg Are&j provided^ tuptnei1, inEtc ine use

ful for any person to fish or to be present on any public fishing area except in accord ance with rules and regulations established by the board for the use of such area. The board shall have the authority to adopt rules and regulations governing methods of fish ing; to regulate the operation and use of vessels; to close the area or certain ponds or lakes of the area to vessels; and to regulate other matters that the board deems neces sary for the safe operation and sound management of the area. (c) It ahull be unlawful te fish at any public fishing area except during the time between sunrise find sunset! provided, nowever, triftt tins su usection snfiii not ftpply TO tnc itum Creek Public Fishing Area. (f) It ahull be unlawful for any person te tise live fish for featt trt any jMtbKe fishing except in lakes or ponds posted as being open te the se ef live fish for bait.
\(grr/\ Tref g79.iltnm11i Tt-J. rC iuiyi-i>ilanTuVtrfiiuili ttrw> ru>jrj*cmrc*ftittcn nori>iTyr tVroCaBaSnC]I cncos
area owned or operated by the department; provided, however, that; \i/' IT siiQll not oe uniflwiui to opcffite finy sfliiDOflt of flny tisnin^ DOQI DC ing proponed by a motor ef 36 horsepower et less on the Ram Creek Public Fishing Area;

154

JOURNAL OF THE HOUSE,

ef-leaa than ten horsepower e tony public fishing lake ever 99 aerea in size; and \o) At sftflii not DC uniQwiui T opCFQXC ftny iisriiri^f Doflt Difi propelled Dy & motop ef- ten horsepower er greater and at idle speed en- any public fiahing lake-ever 99 acre* is size; except en the Rta Creek Public Fiahing Area. (h) It shall be unlawful te launch or operate any beat at the Arrowhead Public Fishing APCQ. 4$ (ej It shall be unlawful on any public fishing area for any person to drive or other wise operate a vehicle on any road posted 'closed' to vehicular access, to drive around a closed gate or cable blocking a road, or to drive on any road that is not improved in that it is not receiving maintenance for the purpose of vehicular access. It shall be unlawful for any person to park a vehicle at any place within a public fishing area, including upon the right-of-way of any county, state, or federal highway which traverses the public fishing area, where signs placed at the direction of the commissioner or his or her designee prohibit parking. {3} (Q It shall be unlawful for any person to camp anywhere on any public fishing area except in those areas designated by appropriate signs as camping areas.
fer recreational swimming; provided, however, that this subsection shall net apply te the Ram Creek Pttblie Fiahing Area. W {g| It shall be unlawful for children persons under 16 14 years of age to enter or remain upon any public fishing area unless accompanied by a adult such person is under adult supervision. It shall be unlawful for any person to cause or knowingly to permit his or her ward who is under 14 years of age to enter or remain upon any public fishing area unless such child or ward is under adult supervision. {*) (h) It shall be unlawful for any person who has fished at a public fishing area to refuse to allow department personnel to count, measure, and weigh his or her catch."
SECTION 7. Said title is further amended by striking in its entirety Code Section 27-4-36, relating to artificial-lure streams, and inserting in lieu thereof the following:
"27-4-36.
(a) It shall be unlawful to fish in any artificial-lure stream or lake except with an artifi cial lure or to have any bait or lure other than artificial in possession at such stream or lake. The board shall have the authority to designate streams, lakes, or parts of streams or lakes as artificial-lure streams or lakes and to promulgate rules regarding fishing methods, gear, and size or type of artificial lures that may be used on such streams or lakes.
the Chattahoochcc Rive* ft-e Georgia Highway 36 downstream te the feeat ramp at the National Pa*fc Service Mcdlock Bridge Parit immediately upstream ef- Georgia Highway Wt;
(2) Noontootla Creek and ita tributaries en the Btae Ridge Management Area; (3) Colcman River and ita tributarica from the junction with Tollulah River upstream te Fereat Service Bridge Ner 64t (4) Jones Creek and ita tributaries en the Blue Ridge Management Area; (6) Mountaintown Creek and ita tributarica above S6S structure Ner 3f (6) Stanley Creek and ita tributaries en the Rich Mountain Management Area; (7) Hoods Creek ad ita tributaries e the Warwoman Management Area; (8) Walnut Ferk- and ita tributaries en the Warwoman Management Area; (9) Conaaauga River upstream ef- the Gcorgia-Tcnncaaec state line and its tributaries
sfiQii not DC flFtiiicifliTM1urc strcftins ipom trie i&st o&turufly m JVictfcii tjiPou^H (JctoDcr CTT of cflcii ycflrj &nci (10) Dukca Creek i White County downstream fir& the United States Forcat Service property boundary.

MONDAY, JANUARY 22, 1996

155

(c) It shall be unlawful to fish in Waters Creek er its tributary streams from its- junction

Or FlUITlO&P SIX 91ZC F SHl&ilCFJ pPOVlU^Qj ZlOWCVCfi tfl&t ft l&IlCling HCt 1CSS tilftII IWO ICCt
k length may be used te- krn4 fish legally taken. It shall be unlawful to have in posses sion while fishing such streams or lakes any bait, lure, landing net, or other gear which may not be lawfully used on such streams or lakes."
SECTION 8. This Act shall become effective on October 1, 1996; provided, however, that for purposes of the promulgation of rules by the Board of Natural Resources, this Act shall become effective on July 1, 1996.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to HB 1162 as follows:
Page 9 starting line 25 strike paragraph (g) in its entirety.
Page 9 line 32 change "(h)" to "(g)".

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

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

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

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

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

On the adoption of the amendment, the ayes were 43, nays 110. The amendment was lost.

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

156

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representative Carter of the 166th moves to amend the Committee substitute to HB 1162 as follows:
Strike beginning on line 21 page 4 after the word abode
"other than a temporary camp site or cabin".

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:

Alien Y Anderson 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
Brooks, T Y Brown, J Y Brush YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell N Childers Y Coker
Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B
DeLoach, G YDix Y Dijton, H E Dixon, S Y Dobbs Y Ehrhart YEpps N Evans
Y Falls Y Felton
N Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y 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 Jobnson,G Y Jobnson, J N Johnston Y Jones N Joyce YKaye Y Kinnamon
Klein YLadd N Lakly YLane Y Lawrence YLee N Lewis Y Lifsey YLord Y Lucas N Maddox YMann 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 YParham

Y Parrish Y Parsons E Pelote N Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves 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 Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W

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

On the passage of the Bill, by substitute, as amended, the ayes were 143, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Byrd of the 170th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1159.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

MONDAY, JANUARY 22, 1996

157

Mr. Speaker:

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

HB 1263 Do Pass HB 1269 Do Pass HB 1279 Do Pass

HB 1310 Do Pass HB 1311 Do Pass HR 367 Do Pass

Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Watts of the 26th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 656 Do Pass SB 165 Do Pass, by Substitute
Respectfully submitted, /s/ Watts of the 26th
Chairman

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

Mr. Speaker:

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

HB 173 Do Pass, by Substitute HB 244 Do Pass, by Substitute HB 590 Do Pass, by Substitute

HB 851 Do Pass HB 852 Do Pass, by Substitute HB 1025 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

158

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 23, 1996

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by Dr. Dewey Davidson, Pastor, Tabernacle Baptist Church, Cartersville, Georgia.

The members pledged allegiance to the flag.

Representative Byrd of the 170th, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

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

HB 1147. By Representatives Holmes of the 53rd, McKinney of the 51st, White of the 161st, Brooks of the 54th, Hugley of the 133rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the votes needed for nomination; to provide that winning a primary requires at least 40 percent of the votes cast; to provide for run-off primaries in certain circumstances.
Referred to the Committee on Governmental Affairs.

HB 1339.

By Representatives Mosley of the 171st, Smith of the 169th, Walker of the 141st, Coleman of the 142nd and Byrd of the 170th:
A bill to amend Code Section 36-30-7.1 of the Official Code of Georgia Anno tated, relating to inactive municipalities, so as to provide that the area of a former municipality the charter of which was revoked by operation of general law may not be annexed by a municipal corporation without the consent of the residents of the affected area.

TUESDAY, JANUARY 23, 1996

159

1-23-1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1339. This notice is made prior to or upon reading the bill the first time.
/s/ Mosley Representative, 171st District
Referred to the Committee on State Planning & Community Affairs.

HB 1340. By Representative Campbell of the 42nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require all candidates for public office in this state to present a statement of conviction data at the time of qualifying for nomina tion or election as a condition of qualification.
Referred to the Committee on Governmental Affairs.

HB 1341. By Representative Greene of the 158th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to the duties and powers of courts, judicial officers, and arresting officers in counties which are members of a regional jail authority.
Referred to the Committee on Judiciary.

HB 1342. By Representative Jones of the 71st:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensure of electrical contractors, plumbers, condi tioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the registration of general contractors.
Referred to the Committee on Industry.

HB 1343. By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:
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 each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1344. By Representatives Bannister of the 77th and Crews of the 78th:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change certain procedures with respect to the considera tion and adoption of city ordinances.
Referred to the Committee on State Planning & Community Affairs - Local.

160

JOURNAL OF THE HOUSE,

HB 1345. By Representatives Bunn of the 74th, Johnston of the 81st, Woods of the 32nd, Kaye of the 37th, Maddox of the 108th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of licenses and other authorizations to engage in profes sions, businesses, or occupations and certain other activities to persons who are not in compliance with orders for child support.
Referred to the Committee on Children and Youth.

HB 1346. By Representatives Bunn of the 74th, Johnston of the 81st, Maddox of the 108th, Yates of the 106th and Johnson of the 97th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to provide that certain persons who engage in the business of applying artificial nails through a process which utilizes a variety of odorous chemicals shall be required to protect the air quality of surrounding businesses and the general public.
Referred to the Committee on Health & Ecology.

HB 1347. By Representatives Bunn of the 74th, Johnston of the 81st, Woods of the 32nd, Kaye of the 37th, Maddox of the 108th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of driv ers' licenses, so as to provide that each such license shall bear a hologram or other such device designed to prevent counterfeiting.
Referred to the Committee on Motor Vehicles.

HB 1348. By Representatives Bunn of the 74th, Johnston of the 81st, Woods of the 32nd, Maddox of the 108th, Sanders of the 107th and others:
A bill to amend Code Section 32-6-75 of the Official Code of Georgia Anno tated, relating to restrictions on certain outdoor advertising, so as to provide that no such advertising depicting obscene material shall be allowed.
Referred to the Committee on Industry.

HB 1349. By Representatives Bunn of the 74th, Kaye of the 37th, Brown of the 130th, Smith of the 102nd, Walker of the 87th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of driv ers' licenses, so as to provide that each such license shall state whether or not the licensee is a citizen of the United States.
Referred to the Committee on Motor Vehicles.

HB 1350. By Representatives Bunn of the 74th, Johnston of the 81st, Maddox of the 108th, Sanders of the 107th, Smith of the 102nd and others:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries, so as to provide that no person who has been convicted of a felony shall be eligible for election to public office for a period of five years after the sentence has been served or probation has been completed.
Referred to the Committee on Governmental Affairs.

TUESDAY, JANUARY 23, 1996

161

HB 1351. By Representatives Bunn of the 74th, Johnston of the 81st, Maddox of the 108th, Sanders of the 107th, Smith of the 102nd and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions relative to state government, so as to provide that no state government office shall close during the 1996 Olympic Games; to provide for vehicular access to the state capitol; to provide that certain state owned parking facilities shall remain available for employees.
Referred to the Committee on State Institutions & Property.

HB 1352. By Representatives Bunn of the 74th, Johnston of the 81st, Woods of the 32nd, Kaye of the 37th, Maddox of the 108th and others:
A bill to amend Code Section 31-10-9 of the Official Code of Georgia Anno tated, relating to the registration of births, so as to provide that the name of the father or putative father of a child may be entered on the certificate of birth with or without the consent of the person being named as the father or putative father.
Referred to the Committee on Health & Ecology.

HB 1353. By Representative Smith of the 109th:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, so as to provide that voluntary dismissal of certain petitions for writ of habeas corpus shall be with prejudice.
Referred to the Committee on Judiciary.

HB 1354. By Representatives Towery of the 30th, Shipp of the 38th and Burkhalter of the 41st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Collision Damage Waiver Law".
Referred to the Committee on Insurance.

HB 1355. By Representatives Holmes of the 53rd, Stanley of the 50th, Sinkfield of the 57th, Ladd of the 59th, Trense of the 44th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authori ties and their property from taxes and special assessments; to change provi sions relating to the renting of housing units.
Referred to the Committee on State Planning & Community Affairs.

HB 1356. By Representatives Holmes of the 53rd, Canty of the 52nd and Kinnamon of the 4th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to provide that the publication of the official directory of state and county officials and officers shall be discretionary; to provide that the inclu sion of additional information shall be discretionary.
Referred to the Committee on Governmental Affairs.

162

JOURNAL OF THE HOUSE,

HB 1357. By Representative Holmes of the 53rd:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Anno tated, relating to meetings open to the public, so as to allow all agencies sub ject to the open and public meetings law to conduct their meetings by telecommunications conference; to provide that presence by telecommunica tions conference constitutes presence for a quorum.
Referred to the Committee on Judiciary.

HB 1358. By Representatives Holmes of the 53rd, White of the 161st, McKinney of the 51st, Brooks of the 54th, Hugley of the 133rd and others:
A bill to amend Code Section 31-41-4 of the Official Code of Georgia Anno tated, relating to the creation of the lead hazard reduction program, so as to change the time periods for the issuance of certain regulations, the establish ment of certain training procedures, and the performance of lead hazard reduction activities.
Referred to the Committee on Natural Resources & Environment.

HB 1359. By Representatives Holmes of the 53rd, McKinney of the 51st, White of the 161st, Ashe of the 46th, Brooks of the 54th and others:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for office, so as to repeal the provision prohibiting county and municipal governments from requiring residence as a condition for employ ment; to repeal certain provisions relating to administration of local employee merit systems.
Referred to the Committee on Governmental Affairs.

HB 1360. By Representatives Holmes of the 53rd, Sherrill of the 62nd, Smith of the 175th, Day of the 153rd and Smith of the 19th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change provisions relating to penalties for violations of said Code section.
Referred to the Committee on Motor Vehicles.

HB 1361. By Representatives Shaw of the 176th, Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, James of the 140th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 25, relating to articles of bedding.
Referred to the Committee on Health & Ecology.

HB 1362. By Representative Streat of the 167th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses in public schools, so as to provide that contractors, officials, agents, or other appropriate representatives of the Department of Public Safety may teach the alcohol and drug course.
Referred to the Committee on Education.

TUESDAY, JANUARY 23, 1996

163

HB 1363. By Representative Hanner of the 159th:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Webster County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1364. By Representatives Polak of the 67th, McClinton of the 68th and Mobley of the 69th:
A bill to amend Code Section 48-5-23 of the Official Code of Georgia Anno tated, relating to collection and payment of taxes on tangible property in installments, so as to change the time when certain taxes become due and payable.
Referred to the Committee on Ways & Means.

HB 1365. By Representatives Grindley of the 35th, Rogers of the 20th, Buckner of the 95th, Ashe of the 46th and Ray of the 128th:
A bill to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibitions on the sale or distribution to, or the pos session by, minors of cigarettes and tobacco related objects, so as to provide for stricter regulations on the sale of cigarettes and tobacco related objects to minors.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1366. By Representatives Irvin of the 45th, Walker of the 141st, Lee of the 94th, Ehrhart of the 36th and Evans of the 28th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to state government in general, so as to provide that any state board, body, or committee may meet by teleconference or other similar means, unless specifically prohibited.
Referred to the Committee on Judiciary.

HB 1367. By Representatives Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to procedures regarding the imposition of the special county 1 percent sales and use tax, so as to change the period of time which must elapse prior to resubmitting an imposition question.
Referred to the Committee on Ways & Means.

HB 1368. By Representatives Sinkfield of the 57th, Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to compensation and reimbursement of members and officers of the General Assembly, so as to change provisions relating to reimburse ment of transportation costs for air travel.
Referred to the Committee on Rules.

164

JOURNAL OF THE HOUSE,

HB 1369. By Representatives Grindley of the 35th, Snow of the 2nd, Johnson of the 84th and Snelling of the 99th:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle speed restrictions, so as to pro vide for declaration of policy and legislative intent; to provide for restricted usage of left-hand lanes of roadways.
Referred to the Committee on Transportation.

HB 1370. By Representatives Sinkfield of the 57th, McBee of the 88th, McClinton of the 68th and Taylor of the 134th:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Anno tated, relating to commitment of unruly or delinquent children, so as to pro vide authorization to the Department of Children and Youth Services in institutions under its control and supervision; to require youth to participate in certain moral, academic, vocational, physical, and correctional training and activities.
Referred to the Committee on Children and Youth.
HB 1371. By Representatives Powell of the 23rd, Benefield of the 96th, Bailey of the 93rd, Walker of the 141st, Lee of the 94th and others:
A bill to amend Chapter 11 of Title 13 of the Official Code of Georgia Anno tated, known as the "Georgia Prompt Pay Act," so as to provide that pay ment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor to a subcontractor is not a condition precedent for payment to any other subcontractor, and any agree ment to the contrary is unenforceable.
Referred to the Committee on Industry.

HB 1372. By Representatives Coleman of the 142nd, Murphy of the 18th, Watson of the 139th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Commission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state.
Referred to the Committee on Industry.

HB 1373. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Ivey in Wilkinson County, so as to change the powers of the judge of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1374. By Representatives Coleman of the 80th, Johnston of the 81st and Goodwin of the 79th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Norcross," so as to change a certain definition; to authorize the city to maintain a retirement plan for municipal employees.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, JANUARY 23, 1996

165

HB 1375. By Representatives Golden of the 177th, Byrd of the 170th, Bates of the 179th, Lewis of the 14th, Snow of the 2nd 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 defini tion of certain terms; to repeal provisions relating to the State-wide Reserve Ratio; to change certain references; to change certain provisions relating to the creation of administrative assessments upon all wages.
Referred to the Committee on Industrial Relations.

HB 1376. By Representative Smith of the 175th:
A bill to provide a new charter for the City of Woodbine.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1377. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th:
A bill to amend an Act providing a homestead exemption from City of Alpharetta ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, so as to change a definition; to change the taxes to which the exemption applies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1378. By Representatives Burkhalter of the 41st and Campbell of the 42nd:
A bill to amend an Act increasing the homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are dis abled or 65 years of age or over, so as to change a definition.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1379. By Representatives Howard of the 118th and Alien of the 117th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require probationers to always notify their pro bation officers of their residence address; to require probation officers to publish notice of their probationers' residence in the local newspaper.
Referred to the Committee on Special Judiciary.

HB 1380. By Representatives Heckstall of the 55th, Davis of the 48th, Holmes of the 53rd, Bunn of the 74th, Roberts of the 162nd and others:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that owners of rental dwellings may obtain criminal history records of prospective renters with the consent of the person whose records are requested.
Referred to the Committee on Public Safety.

HB 1381. By Representatives Heckstall of the 55th, Davis of the 48th, Holmes of the 53rd, James of the 140th, Bunn of the 74th and others:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors of state courts, so as to provide for additional duties of solicitors and assistant solicitors.
Referred to the Committee on Judiciary.

166

JOURNAL OF THE HOUSE,

HR 810. By Representatives Barnard of the 154th, Smith of the 102nd and Brown of the 130th:
A resolution proposing an amendment to the Constitution so as to provide that local governments may allocate to local school boards for capital outlay projects for educational purposes funds other than proceeds from ad valorem taxes.
Referred to the Committee on Ways & Means.

HR 816. By Representatives Lakly of the 105th, Mueller of the 152nd, Smith of the 102nd, Yates of the 106th and Brown of the 130th:
A resolution creating the House Domestic Animal Population and Rabies Control Study Committee.
Referred to the Committee on Rules.

HR 817. By Representative Whitaker of the 7th:
A resolution recognizing Morrison Moore and designating the Morrison Moore Connector.
Referred to the Committee on Transportation.

HR 818. By Representatives Smith of the 109th and Jenkins of the 110th:
A resolution proposing an amendment to the Constitution so as to prohibit the use of the writ of habeas corpus to challenge the validity of a person's criminal conviction if there has been a direct appeal of that conviction.
Referred to the Committee on Judiciary.

HR 819. By Representative Streat of the 167th: A resolution designating the Buford C. Gilliard Bridge.
Referred to the Committee on Transportation.

HR 823. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

HR 825. By Representative Whitaker of the 7th:
A resolution recognizing Dr. John H. Owen and designating the Dr. John H. Owen Intersection.
Referred to the Committee on Transportation.

HR 826. By Representatives Coleman of the 142nd, Byrd of the 170th, Mosley of the 171st and Barfoot of the 155th:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

TUESDAY, JANUARY 23, 1996

167

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

HB 1419. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Home less Act," so as to revise definitions; to change the membership of the State Housing Trust Fund for the Homeless Commission; to authorize the commis sion to contract with the Department of Community Affairs; to change provi sions concerning meetings.
Referred to the Committee on State Planning & Community Affairs.

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

HB 1322 HB 1323 HB 1324 HB 1325
HB 1326 HB 1327 HB 1328 HB 1329
HB 1331 HB 1332

HB 1333 HB 1334 HB 1335 HB 1336
HB 1337 HB 1338 HR 811 SB 46
SB 488 HB 1330

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

HB 1330. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dentists and dental hygienists, so as to change the provi sions relating to teaching licenses; to change the provisions relating to renewal of licenses and provide for restoration and reissuance thereof.

The motion prevailed.

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:

Your Committee on Children and Youth has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 324 Do Pass, by Substitute HB 783 Do Pass, by Substitute

HB 1211 Do Pass SB 315 Do Pass

Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

168

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1228 Do Pass
Respectfully submitted, /s/ Carter of the 166th
Chairman

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

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

SB 493. By Senators Oliver of the 42nd, Starr of the 44th, Farrow of the 54th and Thompson of the 33rd:
A bill to amend Code Section 19-15-4, relating to the Statewide Child Abuse Prevention Panel, so as to change the panel's attachment for administrative purposes; to change the agency providing staff support for the panel.

SB 494. By Senators Oliver of the 42nd, Farrow of the 54th and Starr of the 44th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that certain vio lations of Code Section 16-13-30 may be tried upon accusations in certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability.

The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the House:

HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th and others:
A resolution designating a portion of State Highway 56 as the Michael J. Padget, Sr., Highway.

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

SB 493. By Senators Oliver of the 42nd, Starr of the 44th, Farrow of the 54th and others:
A bill to amend Code Section 19-15-4, relating to the Statewide Child Abuse Prevention Panel, so as to change the panel's attachment for administrative purposes; to change the agency providing staff support for the panel.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 23, 1996

169

SB 494. By Senators Oliver of the 42nd, Farrow of the 54th and Starr of the 44th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that certain vio lations of Code Section 16-13-30 may be tried upon accusations in certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Motor Vehicles and referred to the Committee on Natural Resources:

HB 1290.

By Representatives Jamieson of the 22nd, Breedlove of the 85th, Maddox of the 108th, Williams of the 63rd, Hembree of the 98th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change a citation to a certain federal act; to amend a certain definition; to amend certain provisions relative to the appli cability of such article.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Ways and Means and referred to the Committee on State Planning & Commu nity Affairs:

HB 1155. By Representatives Kinnamon of the 4th, Childers of the 13th, Perry of the llth, Shanahan of the 10th and Mosley of the 171st:
A bill to amend Chapter 12 of Title 43 of the Official Code of Georgia Anno tated, relating to peddling, business operation, or professional practice by disabled veterans and blind persons, and Chapter 13 of Title 48 of the Offi cial Code of Georgia Annotated, relating to specific, business, and occupa tional taxes, so as to provide for an exemption from occupation taxes and regulatory fees of local governments for certain disabled veterans and blind persons.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Education and referred to the Committee on University System of Georgia:

HB 1115. By Representatives Golden of the 177th, Bates of the 179th, Shaw of the 176th and Reaves of the 178th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Anno tated, relating to the extent of the contempt power of courts, so as to provide that certain unlawful actions of educators as described in this Act shall con stitute contempt of court; to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to education, so as to provide that it shall be unlawful for any educator to discipline, punish, penalize, or take any adverse action against a student because the student is absent from class or otherwise unable to meet the requirements of the course of study as a result of the student being required to attend a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the student at the judicial proceeding.

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

170

JOURNAL OF THE HOUSE,

HR 828. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th, Holland of the 157th and Epps of the 131st:
A resolution commending Coach Dan Magill and inviting him to appear before the House of Representatives.

HR 829. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th, Holland of the 157th and Epps of the 131st:
A resolution honoring Robin Fech and inviting her to appear before the House of Representatives.

HR 830. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A resolution commending the Houston County High School Lady Bears softball team and inviting the team and its coaches to appear before the House of Representatives.

HR 831. By Representatives Howard of the 118th, Alien of the 117th, Williams of the 114th, Anderson of the 116th, DeLoach of the 119th and others:
A resolution commending and congratulating the T. W. Josey High School football team and inviting the members and coaches to appear before the House of Representatives at a time to be designated by the Speaker of the House.

HR 848. By Representatives Mueller of the 152nd, Dixon of the 150th, Thomas of the 148th, Day of the 153rd and Irvin of the 45th:
A resolution commending the Honorable Jack Kingston of the United States House of Representatives and inviting him to appear before the Georgia House of Representatives on January 26, 1996.

The following Resolutions of the House were read and adopted:

HR 827. By Representative Smith of the 169th: A resolution commending James L. McQuaig, Jr., O.D.

HR 834. By Representatives Towery of the 30th and Burkhalter of the 41st: A resolution recognizing and commending the Atlanta Falcons.

HR 835. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution commending Ms. Blondean Newman.

HR 836. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution commending Mayor Carlos Eugene Cowart.

HR 837. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution commending Mr. Ed Tharpe.

HR 838. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution commending Mr. Herb Schwabe.

TUESDAY, JANUARY 23, 1996

171

HR 839. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending Honorable Paul A. Keenan.

HR 840. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A resolution commending Honorable Perry Leland Clanton, Jr.

HR 841. By Representatives Coleman of the 142nd and Porter of the 143rd:
A resolution commending Officer Dwight Goolsby of the Dublin Police Department.

HR 842. By Representative Bailey of the 93rd: A resolution honoring Officer Richard Cash.

HR 843. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending the Reverend L. Floyd Carmack.

HR 844. By Representatives Day of the 153rd, Dixon of the 150th, Mueller of the 152nd and Thomas of the 148th:
A resolution commending Dr. Patrick J. Russo.

HR 845. By Representatives Day of the 153rd, Dixon of the 150th, Mueller of the 152nd, Thomas of the 148th and Twiggs of the 8th:
A resolution commending Sheriff Al St. Lawrence.

HR 846. By Representatives Purcell of the 147th, Dixon of the 150th, Murphy of the 18th and Connell of the 115th:
A resolution commending Mr. J. W. Exley, Jr.

HR 847. By Representative Hembree of the 98th:
A resolution commending the Douglas County Lady Tigers Girls Fast Pitch Softball Team.

HR 849. By Representatives Ehrhart of the 36th and Barnes of the 33rd: A resolution commending Skyview Elementary School.

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

HB 779. By Representatives Coleman of the 80th and Bargeron of the 120th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete cer tain obsolete provisions; to change the provisions relating to qualifications for licenses.

172

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auc tioneers, so as to provide a definition; to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete certain obsolete provisions; to change the provisions relating to qualifications for licenses; to require certain trust accounts and registration thereof; to require the carrying of Georgia auctioneers license identification cards and the display thereof; to change the provisions relating to grounds for revocation or suspension of licenses and censure or discipline of licensees; to change the provisions relating to complaints; to change the powers of the inspector for the com mission; to provide for an exception to such chapter; to provide for other matters relating to auctioneers and the Georgia Auctioneers Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by adding at the end of Code Section 43-6-1, relating to definitions, a new par agraph (10) to read as follows:
"(10) 'Ringperson' means any person employed directly by an auctioneer or auction company responsible for a sale who assists the auctioneer in the conduct of an auction, provided that such person shall not be permitted to call or chant a bid or negotiate a listing contract."
SECTION 2. Said chapter is further amended by striking Code Section 43-6-2, relating to creation of the Georgia Auctioneers Commission, and inserting in lieu thereof a new Code Section 43-6-2 to read as follows:
"43-6-2. (a) The Georgia Auctioneers Commission is created under the Secretary of State and the joint-secretary. (b) The commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Sen ate. Initial terms of appointment shall include one member to be appointed for -tens Or one ycsfj one mcmucr to DC sppoiritcd IOP ~& term of two ycsrSj owe IRCWIDCF TO DC appointed for a term ef three years, ene member te fee appointed for term of fova years, and twe members te be appointed for terms ef five years. A4t subsequent appointments Appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. (c) Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a consumer advocate and a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering."
SECTION 3. Said chapter is further amended by striking Code Section 43-6-3, relating to filling vacan cies on the commission, selection of a chairperson, rules and regulations, and meetings, and inserting in lieu thereof a new Code Section 43-6-3 to read as follows:
"43-6-3. (a) Members ef- the commiaaion shall serve until their successors ate appointed and
i e the commission shall be filled by appointment ef the <

TUESDAY, JANUARY 23, 1996

173

{b}(a) The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter. {e)(b) The commission shall meet as necessary and shall remain in session as long as the chairman deems it necessary to give full consideration to the business before the commission."
SECTION 4. Said chapter is further amended by striking subsection (d) of Code Section 43-6-11, relat ing to qualifications of applicants, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each applicant for licensure as an auctioneer shall have successfully graduated from an accredited high school or obtained a GED and have graduated from an auction eers school approved by the commission prior to making an application for an auction eer's license."
SECTION 5. Said chapter is further amended by adding at the end of Code Section 43-6-11.1, relating to application by a company for a license, a new subsection (d) to read as follows:
"(d) An auction company must maintain at all times an active trust account and regis ter such account with the Georgia Auctioneers Commission."
SECTION 6. Said chapter is further amended by adding, following Code Section 43-6-12, a new Code Section 43-6-12.1 to read as follows:
"43-6-12.1.
In order for an applicant to obtain an auctioneer's license, such applicant must show proof of a residence."
SECTION 7. Said chapter is further amended by adding, following Code Section 43-6-14, a new Code Section 43-6-14.1 to read as follows:
"43-6-14.1.
All licensees must carry on their person, when participating in the auctioneering busi ness in any capacity, their Georgia auctioneer's license identification card and must present such card upon demand by any official of the State of Georgia."
SECTION 8. Said Chapter is further amended by striking Code Section 43-6-18, relating to grounds for revocation or suspension of licenses and censure of licensees, and inserting in lieu thereof a new Code Section 43-6-18 to read as follows:
"43-6-18.
The commission may, upon its own motion, and shall, upon the aworn signed complaint in writing of any person, investigate the actions of any auctioneer or apprentice auction eer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following:
(1) Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, either in person or through any form of advertising, which may create false or unjustified expectations of the services to be performed; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but con ducting it as an auction with reserve or otherwise; (3) Failing to account for or remit, within a reasonable time 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her pos session, commingling funds of others with his or her own, or failing to keep such funds

174

JOURNAL OF THE HOUSE,

of others in an escrow or trustee account; provided, however, that the requirement of an escrow or trust account shall not apply to an apprentice auctioneer who conducts the business of auctioning where gross sales do not exceed $2,000.00 per auction; (4) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony; (5) Violation of any rule or regulation or code of ethics promulgated by the commis sion; (6) Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness; or (7) Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishon est dealingsr; (8) Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or (9) Knowingly making any misleading, false, or deceptive statement on any applica tion for a license under this chapter."
SECTION 9. Said chapter is further amended by striking Code Section 43-6-18.1, relating to the inspec tor for the commission, and inserting in lieu thereof a new Code Section 43-6-18.1 to read as follows:
"43-6-18.1.
The commission shall have a full-time inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account viola tions."
SECTION 10. Said chapter is further amended by striking Code Section 43-6-24, relating to exceptions, and inserting in lieu thereof a new Code Section 43-6-24 to read as follows:
"43-6-24.
Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter shall not apply to any nonprofit organiza tion conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or pre vention of such disabilities or disorders, nor shall this chapter apply to any auction con ducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auc tioneer so long as the nonprofit organization obtains a letter of exemption from the com mission. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101 or to any youth livestock auction, sponsored by a 4-H Club or the Future Farmers of America; provided, however, that such organization or agency must first obtain from the commission a letter of exemption. This chapter shall not apply to students of approved auctioneering schools during the term of their course of study. This chapter shall not apply to any person con ducting a public sale of personal property pursuant to the provisions of Code Section 10-4-213. This chapter shall not apply to ringpersons as defined in Code Section 43-6-1."
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

TUESDAY, JANUARY 23, 1996

175

On the passage of the Bill, by substitute, the ayes were 90, nays 0. The Chair voted "aye". On the passage of the Bill, by substitute, the ayes were 91, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1195.

By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th, Crawford of the 129th, Reichert of the 126th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.

The following amendment was read and adopted:

Representative Chambless of the 163rd moves to amend HB 1195 by striking "(1)" and inserting in lieu thereof "(2)" on line 12 of page 23.
By inserting between lines 11 and 12 of page 23 the following:
"(1) By striking Code Sections 50-12-85, 50-12-86, and 50-12-87, which read as fol lows:
'50-12-85.
The commission may conduct studies, research, investigations, and surveys in the follow ing basic categories: health and welfare of women, problems of the working woman, problems of the urban and suburban homemaker, and equal status for women.
50-12-86.
The commission shall file an annual report with the Governor containing a summary of the accomplishments of the commission during the preceding year together with recom mendations for suggested legislation as may be necessary to improve the status of women.
50-12-87.
The members of the commission shall receive no compensation, per diem, or reimburse ment for expenses for their services.'".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1196.

By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th, Crawford of the 129th, Reichert of the 126th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

176

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

HB 695. By Representative Ashe of the 46th:
A bill to amend Code Section 19-3-33.1 of the Official Code of Georgia Anno tated, relating to the surname used in application for a marriage license, so as to provide that the surname from a previous marriage may continue to be used as the legal surname after a subsequent marriage.
The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 351. By Senators Ray of the 19th and Gillis of the 20th: A bill to amend Code Section 43-45-8 of the Official Code of Georgia Anno tated, relating to general powers and duties of the State Structural Pest Con trol Commission, so as to provide for appropriate examinations for applicants.
The following amendment was read:
Representative Maddox of the 108th moves to amend SB 351 by striking lines 13 and 14 of page 1 and inserting in lieu thereof the following:
"(2) Provide for an appropriate erai ad written examination for applicants and any other appropriate means of examination for applicants. The frequency of such".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien
Y Andereon Y Ashe
Bailey N Baker Y Bannister NBarfoot E Bargeron Y Barnard
Barnes N Bates N Benefield N Birdsong Y Bordeaux N Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn Y Burkhalter NByrd

Y Campbell N Canty Y Carter N Chambless Y Channell N Childers Y Coker Y Coleman, B
N Coleman, T N Connell Y Crawford Y Crews Y Culbreth
N Cummings N 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
Felton Floyd
N Godbee N Golden Y Goodwin Y Greene Y Grindley N Hanner Y Harbin Y Harris N Heard
N Heckstall Y Hegstrom Y Hembree
N Henson N Holland N Holmes Y Howard
N Hudson N Hugley Ylrvin N James
Jamieson

Jenkins Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly NLane
Y Lawrence NLee Y Lewis Y Lifsey
NLord Lucas
Y Maddox YMann N Martin Y McBee
McCall N McClinton
McKinney

Y Mills Y Mobley, B
N Mobley, J N Mosley Y Mueller N O'Neal
Y Orrock N Parham N Parrish Y Parsons E Pelote N Perry Y Pinholster NPolak N Porter N Poston N Powell N Purcell, A N Purcell, B NRandall Y Randolph
YRay Y Reaves N Reichert N Roberts

TUESDAY, JANUARY 23, 1996

177

Rogers N Royal
Sanders Y Sauder Y 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 Y Smith, W N Smyre Y Snelling N Snow

N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephenson N Streat Y Taylor
Teague N Teper N Thomas

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

On the adoption of the amendment, the ayes were 85, nays 73. The amendment was adopted.

Y Westmoreland Y Whitaker N White Y Wiles Y 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, 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 Alien Y Anderson Y Ashe
Bailey Y Baker Y Bannister Y Barfoot E 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, J
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 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
Felton Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris 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
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
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Y Parsons E 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
Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield
Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

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

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1234.

By Representatives Buck of the 135th and Chambless of the 163rd:
A bill to amend Chapter 2 of Title 53 of the Official Code of Georgia Anno tated, relating to wills, so as to provide that affidavits of the testator and attesting witnesses in self-proved wills and codicils are made before an officer authorized to take acknowledgements to deeds of conveyance and to adminis ter oaths under the laws of the state where the will or codicil is executed.

178

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that affidavits of the testator and attesting witnesses in self-proved wills and codicils are made before an officer authorized to take acknowledgements to deeds of conveyance or to administer oaths under the laws of the state where the will or codicil is executed; to change the form for the certificate of such officer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills, is amended by striking in its entirety subsections (b) and (c) of Code Section 53-2-5, relating to codicils, and inserting in lieu thereof the following:
"(b) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a codicil may be made self-proved and the testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testa tor and the attesting witnesses made before an officer authorized to take acknowledg ments to deeds of conveyance and or to administer oaths under the laws of this the state where the codicil is executed. The affidavit and certificate provided in subsection (c) of this Code section shall be the only prerequisite of a self-proved codicil, (c) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the codicil in form and contents substantially as follows:
STATE OF GEORGIA _________ COUNTY OF ______ Before me, the undersigned authority, on this day personally appeared ___________, ____________, and ________________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, _________, testator, declared to me and to the said wit nesses in my presence that said instrument is a codicil to his the testator's last will and testament and that he the testator had willingly made and executed it as his a free act and deed for the purposes therein expressed. The witnesses, each on his oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is a codicil to his the testator's last will and testament and that h the testator executed same as such and wanted each of them to sign it as a witness; and upon his oath each witness stated further that he or she did sign the same as witness in the presence of the testator and at his the testator's request; that he the testator was at that time 14 years of age or over and was of sound mind; and that each of said witnesses was then at least 14 years of age.

Testator

Witness

Witness Sworn to and subscribed before me by _______________, testator, and sworn to and subscribed before me by _______________ and ___________, wit nesses, this ___ day of _________, 19__. (SEAL)

(Signed) ____

(Official capacity of officer)"

TUESDAY, JANUARY 23, 1996

179

SECTION 2.

Said chapter is further amended by striking in its entirety subsections (a) and (b) of Code Section 53-2-40.1, relating to self-proved wills, and inserting in lieu thereof the following:
"(a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will may be made self-proved and the testimony of the wit nesses in the probate thereof may be made unnecessary by the affidavits of the testator and the attesting witnesses made before an officer authorized to take acknowledgments to deeds of conveyance and or to administer oaths under the laws of this the state where

the will was executed. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisite of a self-proved will. (b) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the will in form and contents substantially as follows:
STATE OF GEORGIA _________ COUNTY OF ______ Before me, the undersigned authority, on this day personally appeared

_____________,

_________________,

and

____________________, known to me to be the testator and the witnesses,

respectively, whose names are subscribed to the annexed or foregoing instrument in

their respective capacities, and, all of said persons being by me duly sworn,

________, testator, declared to me and to the said witnesses in my presence that said instrument is his the testator's last will and testament and that fee the testator had willingly made and executed it as his a free act and deed for the purposes therein expressed. The witnesses, each on his oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is his the testator's last will and testament and that he the testator executed same as such and wanted each of them to sign it as a witness; and upon his oath each witness stated

further that he or she did sign the same as witness in the presence of the testator and at his the testator's request; that he the testator was at that time 14 years of age or over and was of sound mind; and that each of said witnesses was then at least 14 years of age.

Testator

Witness

Witness Sworn to and subscribed before me by ________________, testator, and sworn to and subscribed before me by _________________ and ________________, witnesses, this _____ day of ___________, 19__. (SEAL)

(Signed) _____

(Official capacity of officer)"

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 Alien Y Anderson Y Ashe

Y Bailey Y Baker Y Bannister

Y Baifoot E Baigeron Y Barnard

Y Barnes Y Bates Y Benefield

Y Birdsong Y Bordeaux Y Bostick

180

JOURNAL OP THE HOUSE,

Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, J Brush
YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YOU Y Diion, H Y Diion, S Y Dobbs

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

YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak

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 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
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
Stephenson YStreat Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
Y Westmorland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Y Woods
Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 841. By Representative Williams of the 114th:
A bill to amend Article 1 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding rehabilitation, reorganization, conservation, and liquidation of insurers, so as to provide offi cial immunity from civil action to receivers responsible for the conduct of a delinquency proceeding under said chapter and their employees.

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 Alien Y Anderson YAshe Y Bailey Y Baker
Y Bannister YBarfoot E Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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
Y Crawford Y Crews Y Culbreth

Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin

Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y 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 Y Lakly YLane
Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann

TUESDAY, JANUARY 23, 1996

181

Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J YMosley Y Mueller YO'Neal YOrrock YParham Y Parrish Y Parsons E Pelote Y Perry

Y Pinholster Y Polak Y Porter
Y Poston Y PoweU Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves N 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 Smith, L Y Smith, P Y Smith, T Y Smith, V Smith, W YSmyre Y Snelling

YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Y Streat Y Taylor Y Teague
Y Teper Thomas
Y Tillman Y Titus Y Towery Y Trense
Y Turnquest

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

On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 1. By Senators Oliver of the 42nd, Farrow of the 54th, Tysinger of the 41st and others:
A hill to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to the "Georgia Civil Practice Act," so as to encourage contin ued participation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to encourage continued participation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitu tional rights of freedom of speech and the right to petition government for a redress of grievances; to provide legislative findings; to require certification that a pleading asserting a claim arising from an act reasonably construed by the actor as an act in furtherance of the right of free speech or to petition government for a redress of grievances is well grounded in fact and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, is not filed for an improper purpose, and that the act forming the basis for the claim is not privileged; to provide for striking a claim without such certification; to provide for exceptions; to provide for sanctions for violations; to pro vide for definitions; to provide for stays and exceptions; to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide that statements made in furtherance of a person's right to free speech or to petition gov ernment for a redress of grievances in connection with an issue of public interest are privi leged communications; to provide for editorial changes; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by adding a new Code Section 9-11-11.1 to read as follows:
"9-11-11.1.
(a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance

182

JOURNAL OF THE HOUSE,

through the exercise of their constitutional rights of freedom of speech and the right to petition government for redress of grievances. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process. (b) For any claim asserted against a person or entity arising from an act by that person or entity which could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connec tion with an issue of public interest or concern, both the party asserting the claim and the party's attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that the party and his or her attorney of record, if any, have read the claim; that to the best of their knowledge, infor mation, and belief formed after reasonable inquiry it is well grounded in fact and is war ranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified within ten days after the omis sion is called to the attention of the party asserting the claim. If a claim is verified in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorney's fee. (c) As used in this Code section, 'act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern' includes any written or oral statement, writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or any written or oral statement, writing, or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law. (d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection. (e) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule."
SECTION 2. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slan der, is amended by striking in its entirety Code Section 51-5-7, relating to privileged com munications, and inserting in lieu thereof a new Code section to read as follows:
"51-5-7.
The following communications are deemed privileged: (1) Statements made in good faith in the performance of a public duty; (2) Statements made in good faith in the performance of a legal or moral private duty; (3) Statements made with a good faith intent on the part of the speaker to protect his or her interest in a matter in which it is concerned;

TUESDAY, JANUARY 23, 1996

183

(4) Statements made in good faith as part of an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Con stitution of the United States or the Constitution of the State of Georgia in connec tion with an issue of public interest or concern, as defined in subsection (c) of Code Section 9-11-11.1. (5) Fair and honest reports of the proceedings of legislative or judicial bodies;
Fair and honest reports of court proceedings; Comments of counsel, fairly made, on the circumstances of a case in which he or she is involved and on the conduct of the parties in connection therewith; 7}|8| Truthful reports of information received from any arresting officer or police authorities; and {8)(9| Comments upon the acts of public men or public women in their public capac ity and with reference thereto."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

HB 1172.

By Representative Smith of the 109th:
A bill to amend Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning executions and judicial sales, so as to provide that an officer charged with the duty of enforcing a judgment by execution has the right to enter peaceably the prop erty or premises of the execution debtor and to take with him or her such person as he or she deems necessary to assist such officer in performing his or her duty.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning executions and judicial sales, so as to provide that an officer charged with the duty of enforcing a judgment by execution has the right to enter peaceably the property or premises of the execution debtor and to take with him or her such person as he or she deems necessary to assist such officer in performing his or her duty; to provide that an officer may force an entry through any barrier on the prop erty or into any enclosure other than the residence dwelling of the judgment debtor in order to levy a writ of execution on the debtor's goods; to prohibit a judgment debtor from engaging in certain activities when reasonably informed of the officer's official capacity; to provide that a judgment debtor who engages in certain activities shall be in violation of a certain criminal statute and subject to arrest; to provide for penalties; to repeal conflict ing laws; and for other purposes.

184

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning executions and judicial sales, is amended by adding following Code Section 9-13-16 a new Code Section 9-13-17 to read as follows:
"9-13-17.
An officer charged with the duty of enforcing a judgment by execution has the right to enter peaceably the property or premises of the execution debtor and to take with him or her such person as he or she deems necessary to assist such officer in performing his or her duty. The officer may force an entry through any barrier on the property or into any enclosure other than the residence dwelling of the judgment debtor in order to levy a writ of execution on the debtor's goods. Upon reasonable identification that said offi cer is working in an official capacity, the debtor has no right to treat the officer or the person assisting the officer as a trespasser, to expel either of them by force, or otherwise to utilize force or the threat of force to prevent an officer's levy. Any debtor who vio lates this Code section shall be in violation of Code Section 16-10-24, relating to the crime of obstructing or hindering law enforcement officers, and shall be subject to arrest."
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 Alien Y Anderson Y Ashe Y Bailey Y Baker
Y Bannister Y Barfoot E 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, 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 Y Crawford

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

Y Irvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann 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 Y Parham

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

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

On the passage of the Bill, by substitute, the ayes were 159, nays 0.

TUESDAY, JANUARY 23, 1996

185

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

HB 1188.

By Representatives Smith of the 109th and Chambless of the 163rd:
A bill to amend Code Section 40-13-23 of the Official Code of Georgia Anno tated, relating to the trial of misdemeanor traffic offenses in municipal courts and probate courts, the waiver of a jury trial, and the withdrawal of a waiver, so as to change the provisions relating to the posting of cash bonds or driv ers' licenses in lieu of bail.

The following amendment was read and adopted:

Representative Bostick of the 165th moves to amend HB 1188 as follows: By inserting ", property bond" on lines 6 and 27, page 1.

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

Y Alien Y Anderson YAshe
Y Bailey Y Baker Y Bannister YBarfoot E 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, 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 Y Crawtord

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

Ylrvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
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 YParham

Y Parrish Y Parsons
E Pelote Y Perry Y Pinholster Y Polak
Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall
Y Randolph
Ray Y Reaves Y Reichert Y Roberts
Rogers Y Royal
Sanders
Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
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 Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
Y Westmoreland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Williams, J
Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, amended.

186

JOURNAL OF THE HOUSE,

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

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for additional optional retirement allowances in cases where a dependent child is the person designated to receive all amounts and benefits upon the death of the retired member and such dependent child predeceases the retired member; to provide for the pay ment of the maximum retirement allowance upon the death of the dependent child when a certain option as been elected; to provide that when a dependent child who is a desig nated beneficiary predeceases a retired member and the retired member is married or sub sequently marries, the option applicable to the former dependent child may be reestablished on behalf of the new spouse; to provide for applicability; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for auto matic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by striking subsection (e.l) in its entirety and inserting in lieu thereof a new subsection (e.l) to read as follows:
"(e.l) When option two or three is elected and the spouse or child of the retired mem ber who qualifies as a dependent under the Internal Revenue Code of 1986 is the person designated to receive all amounts and benefits upon the death of the retired member, option five shall consist of the added provision that in the event the spouse or depen dent child predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse or dependent child shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter."
SECTION 2. Said Code section is further amended by adding between subsections (e.2) and (f) a new subsection (e.3) to read as follows:
"(e.3)(l) As used in this subsection, the term 'retired member' means a person retired under this chapter who elected an optional allowance under this Code section with a child who qualifies as a dependent under the Internal Revenue Code of 1986 desig nated as the person to receive all amounts upon the death of the retired member. (2) In the event a designated dependent child predeceases a retired member and the retired member is married or subsequently marries, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and reestablish on behalf of the spouse the same option which was applicable to the deceased dependent child, but such option on behalf of the spouse may not be reestablished until one year after the date of the death of the dependent child or, in the case of the remarriage of the retired member, one year after the date the retired member remarries. (3) This subsection applies to retired members who retired at any time prior to July 1, 1996, as well as to those who retire on or after that date."

TUESDAY, JANUARY 23, 1996

187

SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Anderson Y Ashe Y Bailey
Y Baker Y Bannister Y Barfoot E 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, 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 Y Crawford

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

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

Y Parrish Parsons
E 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 Sanders
Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W

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

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agri cultural products by agricultural processing industries and used for the pro motion of such agricultural processing industries without the need for paying such moneys into the general fund of the state treasury.

188

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representatives Walker of the 141st and Reaves of the 178th move to amend HR 367 as follows:
By deleting lines 7 thru 15 on page 2 and inserting in lieu thereof the following:
YES Shall the Constitution be amended so as to authorize charges to be col lected on the processing of agricultural industries and used for promotion
NO without the need for paying such collected charges into the general fund of the state treasury?"

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 Alien Y Anderson YAshe
Bailey Y Baker Y Bannister Y Barfoot E Bargeron Y Barnard Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Coleman, T
Connell Y Crawford

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

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

Y Parrish Y Parsons E Pelote Y Perry N 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
Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
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
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
Y Westmorland Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 159, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

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

TUESDAY, JANUARY 23, 1996

189

HB 11 Do Pass, by Substitute HB 500 Do Pass, By Substitute

HB 807 Do Pass, as Amended HB 1099 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec^ ommendations:
HB 980 Do Pass, by Substitute HB 1130 Do Pass HB 1194 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1208 Do Pass, by Substitute SB 283 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 146 Do Pass, by Substitute HB 1230 Do Pass, by Substitute

HB 1253 Do Pass HB 1256 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

190

JOURNAL OF THE HOUSE,

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 815 Do Pass HR 821 Do Pass
Respectfully submitted, M Lee of the 94th
Chairman

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

Mr. Speaker:

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

HB 1124 Do Pass HB 1125 Do Pass HB 1174 Do Pass

HB 1200 Do Pass HB 1226 Do Pass, by Substitute HR 734 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

WEDNESDAY, JANUARY 24, 1996

191

Representative Hall, Atlanta, Georgia Wednesday, January 24, 1996

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:

Alien Anderson Baker Bannister Baines
Bates Benefield Birdsong
Bostick Brooks, D
Brooks, T Brown, J Buck Buckner Bunn Burkhalter Byrd Campbell Canty Channel! Childeis Coker Coleman, B
Coleman, T Connell Crawford Crews Culbreth

Cummings Day DeLoach, B DeLoach, G Dixon, H Dixon, S Ehrhart Epps Evans Falls Floyd Golden Goodwin Greene Grindley
Harbin
Harris
Heard
Hegstrom
Hembree
Henson
Holland
Howard
Hudson
Hugley
James
Jamieson

Jenkins Johnson, G Johnson, J Johnston Jones Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey
Lord
Maddox
Mann
Martin
McBee
McKinney
Mills
Mobley, B
Mobley, J
Mosley Mueller
O'Neal

Par ham Parrish Parsons Pelote Pinholster Polak Poston Powell Purcell, A Randolph Ray Reaves Reichert Roberts Royal
Sanders
Scoggins
Shanahan Shaw
Sherrill
Shipp Simpson
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P

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

The following members were off the floor of the House when the roll was called:
Representatives Teague of the 58th, Williams of the 83rd, Rogers of the 20th, Westmoreland of the 104th, Sinkfield of the 57th, Hanner of the 159th, Chambless of the 163rd, Breedlove of the 85th, Randall of the 127th, Bordeaux of the 151st, Barnard of the 154th, Heckstall of the 55th, Lucas of the 124th, Barfoot of the 155th, Ashe of the 46th, Williams of the 63rd, Sauder of the 29th, Smyre of the 136th, Davis of the 48th, Smith of the 102nd, Twiggs of the 8th, Joyce of the 1st, Perry of the llth, Dobbs of the 92nd, Orrock of the 56th, McClinton of the 68th, Stanley of the 50th, Felton of the 43rd, Stanley of the 49th, Bailey of the 93rd and Purcell of the 9th.
They wish to be recorded as present.

Prayer was offered by Evangelist Melissa Horton, Springfield Shiloh Baptist Church, Monticello, Georgia.

The members pledged allegiance to the flag.

Representative Byrd of the 170th, Vice-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.

192

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1382. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to developing and prescribing electronic data pro cessing systems.
Referred to the Committee on Ways & Means.
HB 1383. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Anno tated, relating to laws and statutes, so as to change certain provisions regard ing the effective date of compensation increases for certain county officers; to provide for a uniform effective date for all Acts which provide for an increase in expenditure by or loss of revenue to counties or municipalities.
Referred to the Committee on State Planning & Community Affairs.
HB 1384. By Representatives Royal of the 164th, Buck of the 135th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxa tion of property, so as to require the Department of Natural Resources to make eligibility determinations with respect to individual properties for pur poses of taxation of rehabilitated historic property and landmark historic property.
Referred to the Committee on Ways & Means.
HB 1385. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the governing authority of any county or municipal corporation affected by such legislation.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, JANUARY 24, 1996

193

HB 1386. By Representative Birdsong of the 123rd:
A bill to amend Code Section 48-2-56 of the Official Code of Georgia Anno tated, relating to liens for taxes, so as to provide that in any case where an ad valorem tax lien exists on tangible personal property which is included in the inventory of a business enterprise and a creditor assumes possession of and sells such property to satisfy a debt, the creditor shall be liable for any ad valorem taxes due on such property to the extent of any proceeds that are derived from the sale.
Referred to the Committee on Ways & Means.

HB 1387. By Representative Parrish of the 144th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the corporate limits of the City of Swainsboro.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1388. By Representative Kinnamon of the 4th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to revise provisions relating to negotiable instruments and bank deposits and collections; to change certain definitions; to provide that an explicit reservation of rights is not effective as to an accord and satisfaction.
Referred to the Committee on Judiciary.

HB 1389. By Representative Simpson of the 101st:
A bill to amend Chapter 1 of Title 32 of the Official Code of Georgia Anno tated, relating to general provisions regarding highways, so as to change the prohibition regarding construction or maintenance of private roads.
Referred to the Committee on Transportation.

HB 1390. By Representatives Royal of the 164th and Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mitchell County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1391. By Representatives Ray of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to persons who are not to be issued drivers' licenses and exceptions, so as to change the provisions relating to the issuance of a restricted instruction permit to certain minors who have a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment.
Referred to the Committee on Motor Vehicles.

194

JOURNAL OF THE HOUSE,

HB 1392. By Representatives Rogers of the 20th, Stephenson of the 25th, Mills of the 21st and Smith of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, relating to the creation of the City of Gainesville School District, so as to change a provision relating to the limit on the rate of ad valorem taxation for bonded indebtedness.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1393. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to create the Lamar County Livestock and Agricultural Exposition Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1394. By Representatives Williams of the 114th, Childers of the 13th and Parham of the 122nd:
A bill to amend Code Section 31-7-7 of the Official Code of Georgia Anno tated, relating to staff privileges at public hospitals, so as to prohibit denial of staff privileges on the basis of certain licenses, specialties, and member ship.
Referred to the Committee on Health & Ecology.

HB 1395. By Representatives Day of the 153rd, Jenkins of the 110th, Streat of the 167th and Coker of the 31st:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit the use of certain law enforcement or fire depart ment emblems, symbols, devices, nomenclature, or printed matter in connec tion with certain solicitations without written permission.
Referred to the Committee on Public Safety.
HB 1396. By Representative Williams of the 63rd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding courts, so as to provide for an additional qualification for judicial office.
Referred to the Committee on Judiciary.

HB 1397. By Representative Holland of the 157th:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Anno tated, relating to the place of detention of children and related matters, so as to provide that a child accused of committing certain acts may be housed with certain adult offenders.
Referred to the Committee on Children and Youth.

HB 1398. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change provisions relating to types of insurance; to change provisions relating to casualty insurance so that they shall refer to credit default insurance rather than credit insurance.
Referred to the Committee on Insurance.

WEDNESDAY, JANUARY 24, 1996

195

HB 1399. By Representatives Mobley of the 86th and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use tax, so as to provide for an exemption for the sale of certain donated tangible personal property by a bona fide charitable tax-exempt organization under the Internal Revenue Code.
Referred to the Committee on Ways & Means.

HB 1400. By Representative Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to make the definition of "telemarketing" consistent with federal law; to provide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities.
Referred to the Committee on Industry.

HB 1401. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to state courts of counties, so as to change the method for determining minimum compensation for full-time and part-time judges of the state courts of counties.
Referred to the Committee on Judiciary.

HB 1402. By Representatives Chambless of the 163rd, Skipper of the 137th, Childers of the 13th, Jones of the 71st and Culbreth of the 132nd:
A bill to amend Article 12 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care data collection systems, so as to change the provisions regarding definitions and the terms and conditions of reporting, analysis, and dissemination.
Referred to the Committee on Health & Ecology.

HB 1403. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to county and municipal levies on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.
Referred to the Committee on Ways & Means.

HB 1404. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provi sions relating to residency requirements for license applicants.
Referred to the Committee on Insurance.

196

JOURNAL OF THE HOUSE,

HB 1405. By Representative Greene of the 158th:
A bill to amend Code Section 10-4-19 of the Official Code of Georgia Anno tated, relating to warehouse receipts required for the storage of agricultural products and obtaining printed forms, so as to authorize the Commissioner of Agriculture to permit the use of electronic warehouse receipts and to accept electronic warehouse receipts obtained by warehousemen from bonded electronic warehouse receipt providers approved by and under an operational agreement.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1406. By Representative Smith of the 109th:
A bill to amend Part 3 of Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to the operation of trains at crossings, so as to provide that railroad companies shall install and maintain emergency telephones at each crossing.
Referred to the Committee on Transportation.

HB 1407. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A bill to amend an Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, so as to provide for the appointment of an additional magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1408. By Representative Holland of the 157th:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to the custody of children and related matters, so as to pro vide conditions for the issuance of an ex parte order granting child custody.
Referred to the Committee on Judiciary.

HB 1409. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and Thomas of the 148th:
A bill to amend an Act providing for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and election of the chief magistrate and full-time magistrate of the Magistrate Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1410. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th, Thomas of the 148th and Day of the 153rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, JANUARY 24, 1996

197

HB 1411. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th, Thomas of the 148th and Day of the 153rd:
A bill to provide for the nonpartisan nomination and election of the judges of the Recorder's Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1412. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd and Thomas of the 148th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemptions from certificate of need requirements, so as to provide an additional exemption for pediatric cardiac surgery services.
Referred to the Committee on Health & Ecology.

HB 1413.

By Representatives Klein of the 39th, Smith of the 169th, Smith of the 102nd, Kinnamon of the 4th and Childers of the 13th:
A bill to amend Code Section 31-9-2 of the Official Code of Georgia Anno tated, relating to persons authorized to consent to surgical or medical treat ment, so as to change the provisions relating to the power of females to consent to certain surgical or medical treatment.

January 23, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1413. This notice is made prior to or upon reading the bill the first time.
/s/ Kip Klein Representative 39th District
Referred to the Committee on Health & Ecology.

HB 1414. By Representatives Klein of the 39th, Smith of the 169th, Smith of the 102nd, Kinnamon of the 4th, Westmoreland of the 104th and others:
A bill to be known as the "Regulation Accountability Act of 1996"; to pro vide a short title; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to change the definition of the term "rule" as used in such chapter; to provide for the inclusion of certain manuals and statements within the mean ing of such term.
Referred to the Committee on Governmental Affairs.

HB 1415. By Representatives Holmes of the 53rd, Goodwin of the 79th, Canty of the 52nd and Kinnamon of the 4th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide an additional method for initiating the changing the boundaries of election precincts; to repeal obsolete language relating to precinct boundary changes required by a specified date in the past.
Referred to the Committee on Governmental Affairs.

198

JOURNAL OF THE HOUSE,

HB 1416. By Representatives Holmes of the 53rd, Canty of the 52nd, Goodwin of the 79th and Kinnamon of the 4th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a deadline for the qualification period for candi dates for delegates to presidential nominating conventions and for certifica tion of candidates who are to be elected in the presidential preference primary.
Referred to the Committee on Governmental Affairs.

HB 1417. By Representatives Irvin of the 45th, Crews of the 78th, Johnson of the 97th, Trense of the 44th, Smith of the 19th and others:
A bill to amend Code Section 49-4-108 of the Official Code of Georgia Anno tated, relating to the PEACH Program, so as to provide for reporting by providers of certain services to program participants.
Referred to the Committee on Children and Youth.

HB 1418. By Representatives Irvin of the 45th, Crews of the 78th, Johnson of the 97th, Trense of the 44th, Smith of the 19th and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to change the eligibility of dependent children for the money payment portion of assist ance.
Referred to the Committee on Children and Youth.

HB 1420. By Representatives Grindley of the 35th, Sauder of the 29th and Coleman of the 142nd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to provide that when a death certificate is recorded, the accompanying birth certificate shall be stamped deceased.
Referred to the Committee on Health & Ecology.

HB 1421. By Representatives Golden of the 177th and Bates of the 179th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a dentist who pro vides dental services at a public clinic for which the dentist receives no com pensation.
Referred to the Committee on Ways & Means.

HB 1422. By Representatives Coleman of the 142nd, Polak of the 67th, Watson of the 139th, Teper of the 61st, Parrish of the 144th and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to state government in general, so as to provide that any state board, body, or committee may meet by teleconference or other similar means, unless specifically prohibited.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 24, 1996

199

HB 1423. By Representatives Bailey of the 93rd, Westmorland of the 104th, Lakly of the 105th, Benefield of the 96th, Lee of the 94th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the crime of driving under the influence of alcohol or drugs, so as to provide for the applicability of said statute to driving under the influence of certain inhaled substances.
Referred to the Committee on Special Judiciary.

HB 1424. By Representatives Klein of the 39th, Sauder of the 29th, Day of the 153rd, Byrd of the 170th, Smith of the 169th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the provi sions relating to definitions; to provide for HIV tests as a condition for receiving marriage licenses.
Referred to the Committee on Health & Ecology.

HB 1425. By Representatives Chambless of the 163rd and Bostick of the 165th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relative to secondary actions by shareholders as to the contents of the complaint; to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business cor porations, so as to revise definitions; to change provisions relating to elimina tion of limitation of a director's liability to the corporation or its shareholders.
Referred to the Committee on Judiciary.

HB 1426. 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 1427. By Representatives Stallings of the 100th, Simpson of the 101st, Byrd of the 170th, Barnard of the 154th, Sherrill of the 62nd and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to provide a statement of purpose; to designate and observe the second Saturday in May of each year as "American Indian Day" in Georgia.
Referred to the Committee on State Planning & Community Affairs.

HB 1428. By Representative McCall of the 90th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

200

JOURNAL OF THE HOUSE,

HB 1429. By Representative Childers of the 13th:
A bill to amend Code Section 43-20-4 of the Official Code of Georgia Anno tated, relating to the State Board of Hearing Aid Dealers and Dispensers, so as to change provisions relating to members of such board.
Referred to the Committee on Health & Ecology.

HB 1430. By Representative Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to comprehensively revise the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts.
Referred to the Committee on Judiciary.

HB 1431. By Representative Birdsong of the 123rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request that members of the National Guard report for duty into the active service of the state during the period of the 1996 Olympic Games for the performance of an official duty in connection with National Guard Olympic support activities.
Referred to the Committee on Defense & Veterans Affairs.

HB 1432. By Representatives Coleman of the 142nd, Murphy of the 18th, Buck of the 135th, Walker of the 141st and Twiggs of the 8th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1995-1996.
Referred to the Committee on Appropriations.

HB 1433. By Representatives Coleman of the 142nd, Murphy of the 18th, Buck of the 135th, Walker of the 141st and Twiggs of the 8th:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1996, in addition to any other appropriations heretofore or here after made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.

HB 1434. By Representatives Coleman of the 142nd, Murphy of the 18th, Buck of the 135th, Walker of the 141st and Twiggs of the 8th:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1997, in addition to any other appropriations heretofore or here after made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.

WEDNESDAY, JANUARY 24, 1996

201

HB 1435. By Representatives Coleman of the 142nd, Murphy of the 18th, Buck of the 135th, Walker of the 141st and Twiggs of the 8th:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1996, and ending June 30, 1997.
Referred to the Committee on Appropriations.

HB 1436. By Representatives Thomas of the 148th, Pelote of the 149th, Heckstall of the 55th, Mobley of the 69th and Randolph of the 72nd:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to provide that it shall be illegal to rent, let, or lease a residential dwelling if any portion is painted with lead-based paint; to provide for notice of the possible presence of lead-based paint by the tenants; to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to liability of owners and occupiers of land generally.
Referred to the Committee on Special Judiciary.

HR 832. By Representative Williams of the 63rd:
A resolution urging the Metropolitan Atlanta Rapid Transit Authority (MARTA) to devise an adequate parking plan and provide preferential park ing.
Referred to the Committee on Transportation.

HR 833. By Representatives Cummings of the 27th, Powell of the 23rd, Brush of the 112th, Smith of the 175th and Bailey of the 93rd:
A resolution recognizing the month of May, 1996, as "Motorcycle Awareness and You Month" in Georgia.
Referred to the Committee on State Planning & Community Affairs.

HR 850. By Representatives McCall of the 90th, Powell of the 23rd, Hanner of the 159th, Reaves of the 178th, Channell of the lllth and others:
A resolution urging the United States Congress to reject the proposal to sell the facilities used to generate electric power marketed by the Southeastern Power Administration.
Referred to the Committee on Industry.

HR 851. By Representatives Teague of the 58th, Hegstrom of the 66th, Brooks of the 54th and McKinney of the 51st:
A resolution relating to race relations within the General Assembly.
Referred to the Committee on Rules.

HR 852. By Representative Chambless of the 163rd:
A resolution confirming and perpetuating the naming of portions of the State Highway System in Dougherty County in honor of Thomas Jefferson.
Referred to the Committee on Transportation.

202

JOURNAL OF THE HOUSE,

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

HB 1147
HB 1339 HB 1340 HB 1341 HB 1342
HB 1343 HB 1344

HR
tlD
HB
HR
tlD
WR HR
HD
tra
HO
HB

1347
1Q4B
1O4O
IQCI
IrfOl
1352

HB 1366 HB 1367 HB 1368 HB 1369 HB 1370 HB 1371 HB 1372
HB 1373

""
TTTJ

,
16 lO

HB 1377
MB
JJg
TTR ,000

SB S
HB 1356 HB 1357 HHBB 11335598 HB 1360 HB 1361 HB 1362 HB 1363 HB 1364 HB 1365

TMHB TM 1419
TTTJ Q1C TMJ ?}? TM HR 81j87 HK 8i9 HR 823 HR 825 HR 826 SB 493 SB 494

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 812 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1333 Do Pass

WEDNESDAY, JANUARY 24, 1996

203

Respectfully submitted, M 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 1333.

By Representative Carter of the 166th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the compensation of the members of the board of commis sioners; to amend an Act providing for the election of the members of the board by the qualified voters of the entire county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:

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

HB 1181.

By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincor porated areas of the county; to determine whether the retail sale of wine should be allowed at farm wineries only; to determine whether animal control regulations should be established and an animal control department created.

HB 1201.

By Representative Lord of the 121st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Washington County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

The following communications were received:

Honorable Lewis Massey Secretary of State 214 State Capitol Atlanta, GA 30334

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
January 12, 1996

204

JOURNAL OF THE HOUSE,

Dear Lewis:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Max Goldin was elected as a member of the State Transportation Board from the Seventh Congressional District. He will serve for a term beginning April 16, 1996, and expiring April 15, 2001. This certificate is fur nished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Max Goldin Honorable Randy Sauder Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Mr. Mark Cohen
The General Assembly State Capitol Atlanta
TO: HONORABLE LEWIS MASSEY SECRETARY OF STATE
This is to certify that Honorable Max Goldin has been elected, pursuant to the provi sions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Seventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1996, and expiring April 15, 2001.
This 12th day of January, 1996.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The General Assembly State Capitol Atlanta
January 12, 1996
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 10, 1996, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Max Goldin was elected as a member of the State Transporta tion Board from the Seventh Congressional District to serve a term beginning April 16, 1996, and expiring April 15, 2001.

WEDNESDAY, JANUARY 24, 1996

205

Respectfully submitted, /s/ Randy J. Sauder
Representative, 29th District Secretary Seventh Congressional District Caucus

The General Assembly State Capitol Atlanta
January 12, 1996
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 10, 1996, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Max Goldin was elected as a member of the State Transporta tion Board from the Seventh Congressional District to serve a term beginning April 16, 1996, and expiring April 15, 2001.
Respectfully submitted, /s/ Randy J. Sauder
Representative, 29th District Secretary Seventh Congressional District Caucus

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
January 12, 1996
Honorable Lewis Massey Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Lewis:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Brad Hubbert was elected as a mem ber of the State Transportation Board from the Eleventh Congressional District. He will serve for a term beginning April 16, 1996, and expiring April 15, 2001. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel

206

JOURNAL OF THE HOUSE,

SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Brad Hubbert Honorable Steve Henson Honorable Ann R. Purcell Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Mr. Mark Cohen

The General Assembly State Capitol Atlanta
TO: HONORABLE LEWIS MASSEY SECRETARY OF STATE
This is to certify that Honorable Brad Hubbert has been elected, pursuant to the pro visions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eleventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1996, and expiring April 15, 2001.
This 12th day of January, 1996.
/si Pierre Howard President of the Senate
/si Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 12, 1996
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 11, 1996, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Brad Hubbert was elected as a member of the State Transpor tation Board from the Eleventh Congressional District to serve a term beginning April 16, 1996, and expiring April 15, 2001.
Respectfully submitted, /s/ Steve Henson
Senator, 55th District Chairperson Eleventh Congressional District Caucus
/s/ Ann R. Purcell Representative, 147th District Secretary Eleventh Congressional District Caucus

WEDNESDAY, JANUARY 24, 1996

207

The General Assembly State Capitol Atlanta
January 12, 1996
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 11, 1996, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Brad Hubbert was elected as a member of the State Transpor tation Board from the Eleventh Congressional District to serve a term beginning April 16, 1996, and expiring April 15, 2001.
Respectfully submitted, /s/ Steve Henson
Senator, 55th District Chairperson Eleventh Congressional District Caucus
/s/ Ann R. Purcell Representative, 147th District Secretary Eleventh Congressional District Caucus

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

HR 815. By Representative Birdsong of the 123rd:
A resolution commending Mrs. Fay B. Garner and inviting her to appear before the House of Representatives.

HR 821. By Representative Hanner of the 159th:
A resolution commending the 1995 Terrell Academy football team and invit ing the team and its coaches to appear before the House of Representatives.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Public Safety and referred to the Committee on Special Judiciary:

HB 1380.

By Representatives Heckstall of the 55th, Davis of the 48th, Holmes of the 53rd, Bunn of the 74th, Roberts of the 162nd and others:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that owners of rental dwellings may obtain criminal history records of prospective renters with the consent of the person whose records are requested.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Special Judiciary:

208

JOURNAL OF THE HOUSE,

HB 1381.

By Representatives Heckstall of the 55th, Davis of the 48th, Holmes of the 53rd, James of the 140th, Bunn of the 74th and others:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors of state courts, so as to provide for additional duties of solicitors and assistant solicitors.

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

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

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the regents retirement plan, so as to change the employer's contribution; to extend the date a certain actuarial study is due; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the regents retirement plan, is amended by striking in its entirety subsection (b) of Code Section 47-21-4, relating to employee and other contributions under the regents retirement plan, and inserting in lieu thereof the following:
"(b) The University System of Georgia shall contribute to the optional retirement plan on behalf of each participating employee an amount equal to 4 percent ef the participa ting employee's carnablc compensation the normal cost contribution determined by the board of trustees in accordance with the provisions of Code Section 47-3-48. The provi sions of this subsection are subject to subsequent legislation; provided, however, that no such legislation shall provide for a rate of contribution lower than 4 percent."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 47-21-8, relating to an actuarial study by the State Auditor, and inserting in lieu thereof the following:
"47-21-8. By not later than January 1, 1096 2000, the state auditor shall have an actuarial study completed to determine what effect the optional retirement plan provided for in this chapter has had on the Teachers Retirement System of Georgia. The results of such study shall be reported to the General Assembly at the 1006 2000 regular session."
SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, JANUARY 24, 1996

209

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 Alien Y Anderson Y Ashe Y Bailey Y Baker
Bannister
Y Barfoot E 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, 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 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
Y Hanner Y Harbin Y Harris
Y Heard 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
N Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Y Parsons Y Pelote
Perry
Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Smith, V
Y Smith, W

YSmyre 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 Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Watson
Y Watts
Y Westmorland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
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 substi tute.

HB 656. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Code Section 16-9-30 of the Official Code of Georgia Anno tated, relating to definitions of certain terms concerning illegal use of finan cial transaction cards, so as to define the term "financial transaction card account number"; to amend Code Section 16-9-33, relating to financial trans action card fraud, so as to prohibit fraudulent use of financial transaction card account numbers; to provide for venue for prosecution of financial transaction card fraud.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

210

JOURNAL OF THE HOUSE,

HB 1263. By Representative Carter of the 166th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest resources and other plant life, so as to provide that growers of ginseng shall register with the Department of Natural Resources; to define a certain term; to provide that the harvester of ginseng must have the written permission of the property owner.

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 Alien Y Andereon
Y Ashe Bailey Baker
Y Bannister Y Barfoot E Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel!
Y Childers Y Coker Y Coleman, B Y Coleman, T
Y Connell 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 YDobbs YEhrhart YEpps
Evans Y Falls
Y Felton Y Floyd
YGodbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner
Y Harbin Y Harris 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 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 YPolak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
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

On the passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was

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
Towery Y Trense
Turnquest N 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
Williams, R
Y Woods
Y Yates
Murphy, Spkr

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

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

HB 852. By Representative Cummings of the 27th:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Employees' Retirement System of Georgia, so as to change the method of reestablishing service credit.

WEDNESDAY, JANUARY 24, 1996

211

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Employees' Retirement Sys tem of Georgia, so as to change the method of reestablishing service credit; to provide con ditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Employees' Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-94, relating to the reestablishment of service credit by certain persons, and inserting in lieu thereof the following:
"47-2-94. Any current member whose membership has previously been terminated because that member rendered less than one year of service in a period of five consecutive years and who has never withdrawn the contributions he or she made during such previous credit able service ay membership shall receive credit, after one year of active service as a contributing member, rceatabliah such for the creditable service accumulated under the previous membership, as he would have been eligible for feed his membership et been se terminated, upon his paying krte the retirement system et sw equal te 4 1/4 percent interest on tiic totdt flinount of fiis contri Dutions ntiring sucn prior crediifloic service
shall be placed in the pension accumulation fund."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Anderson Y Ashe
Bailey Baker Y Bannister Y Barfoot E Bargeron Y Barnard Y Baines Y Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Brooks, D

Y Brooks, T Y Brown, J Y Brush Y Buck Y Buckner
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 Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps
Evans

Y Falls Y Felton Y Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris 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
Jones N Joyce Y Kaye Y Kinnamon Y Klein Y Ladd

212

JOURNAL OF THE HOUSE,

YLakly YLane Y Lawrence
YLee Y Lewis Y Lifsey
Lord Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

Y Mueller Y O'Neal Y Orrock YParham 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 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
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, by substitute, the ayes were 156, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1099.

By Representative Buck of the 135th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, so as to provide for the payment of health insur ance premiums in monthly installments by schoolteachers ineligible for retirement but with 20 or more years of service or their surviving spouses.

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 Alien Y Anderson
YAshe Bailey Baker
Y Bannister Y Barfoot E Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B

Y Coleman, T Y Connell 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 YGoodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris 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 YLadd Y Lakly YLane Y Lawrence
Lee Y Lewis Y Lifsey
Lord
Y Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton

McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock
Y Parham
Y Parrish
Y Parsons Y Pelote
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
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
Turnquest
Y Twiggs

WEDNESDAY, JANUARY 24, 1996

213

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

The Speaker Pro Tern assumed the Chair.

HB 590. By Representative Cummings of the 27th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Anno tated, relating to general provisions relative to retirement and pensions, so as to provide that veterans returning to public employment from certain mil itary service shall be entitled to establish service creditable toward retire ment for such military service.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to gen eral provisions relative to retirement and pensions, so as to provide that veterans returning to public employment from certain military service shall be entitled to establish service creditable toward retirement for such military service; to define certain terms; to provide for employee contributions; to provide for employer contributions; to provide for retire ment systems of funds which do not require employer contributions; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provi sions relative to retirement and pensions, is amended by inserting at the end thereof the following:
"ARTICLE 5
47-1-60.
As used in this article, the term: (1) 'Creditable service' means service with a public retirement system or fund used in the same manner as actual service in the computation of all rights and benefits. (2) 'Public retirement system or fund' means a public retirement system or fund cre ated by this title. (3) 'Qualified returning veteran' or 'returning veteran' means a member of a public retirement system or fund whose employment which qualified him or her for such membership was interrupted by a period of qualified service and who returns to such employment in a manner sufficient to protect his or her reemployment rights as pre scribed by Public Law 103-353, the federal Uniformed Services Employment and Reemployment Rights Act. (4) 'Qualified service' means voluntary or involuntary service with one of the uniformed services, including active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and any period during which a member is absent from employment for the purpose of an examination to determine his or her fitness to perform such duty. (5) 'Uniformed services' means the United States Army, Army Reserve, Army National Guard, Navy, Navy Reserve, Marine Corps, Air Force, Air Force Reserve, Air

214

JOURNAL OF THE HOUSE,

National Guard, Coast Guard, the commissioned corps of the Public Health Service, and any other category of persons designated by the President of the United States in time of war or emergency.
47-1-61.
Any qualified returning veteran shall be eligible to establish creditable service with his or her retirement system or fund for not more than five years of qualified service by complying with the provisions of this article; provided, however, that such five-year period shall be extended by any period of mandatory service imposed by the uniformed service recognized by paragraph (4) of subsection (C) of Section 4312 of federal Public Law 103-353, the Uniformed Service Employment and Reemployment Rights Act of 1994.
47-1-62.
(a) Any qualified returning veteran desiring to establish creditable service for a period of qualified service shall so notify the board of trustees of the public retirement system or fund not later than six months from the date he or she resumes employment. The board of trustees shall calculate the amount of employee or member contribution which the returning veteran would have paid if he or she had been a member of the system or fund during the period of qualified service. If such contribution is based on the member's salary, the returning veteran's salary shall be deemed to be the rate the mem ber would have received but for the period of qualified service or, if determination of such rate is not reasonably certain, the member's average rate of compensation during the 12 month period immediately preceding the period of qualified service or such lesser time as the member was employed. The returning veteran shall repay the amount so cal culated as his or her employee or member contribution, which payment must be com pleted not later than three times the length of qualified service or five years, whichever period is shorter, computed from the date the returning veteran resumes employment. The board of trustees of any public retirement system may provide by rule for comput ing the amount of creditable service on payment of less than the total amount of employee contributions.
(b)(l) At the time a qualified returning veteran applies for creditable service as pro vided in Code Section 47-1-61, the board of trustees of the public retirement system or fund shall compute the actuarial value of the creditable service to be granted. (2) The board of trustees of a retirement system or fund which requires employer contributions shall notify the employer of the returning veteran of the actuarial value, less the amount of employee contribution. The employer shall pay such amount to the retirement system over the same period of time allowed for the returning veteran to pay the employee contributions; provided, however, that an employer shall not be required to make any payment until the fiscal year following the year such notice is given. (3) If the actuary employed by a retirement system or fund created by this title which does not require an employer contribution certifies that the system or fund cannot provide the creditable service requested by one or more returning veterans and retain its actuarial soundness, no discretionary benefit increases shall be granted, and the board of trustees of such system or fund shall notify the Governor and chairpersons of the Senate and House Committees on Retirement, providing a full explanation of the amount of funds necessary to return the system or fund to actuarial soundness."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, JANUARY 24, 1996

215

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 Alien Y Andersen Y Ashe
Bailey Baker Y Bannister YBarfoot E Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Brooks, D Y Brooks, T Y Brown, J Brush YBuck Y Buckner 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 Y Crawford

Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris 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 YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock
Parham

Y Parrish Y Parsons Y Pelote
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 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 YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
Y Westmoreland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1174.

By Representative Murphy of the 18th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Anno tated, relating to exemptions from the real estate transfer tax, so as to pro vide an exemption with respect to foreclosure sales.

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

Y Alien Y Anderson Y Ashe
Bailey Baker Y Bannister Y Barfoot E Bargeron Y Barnard Y Barnes

Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T 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
Y Crawtord 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

216

JOURNAL OF THE HOUSE,

Y Evans Y Falls Y Felton Y Floyd YGodbee
Y Golden Y Goodwill
Y Greene Y Grindley Y Banner Y Harbin Y Harris 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 YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddo* 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
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
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat

Y Taylor 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
YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1174 was ordered immediately transmitted to the Senate.

HB 580. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th, Cox of the 160th, Towery of the 30th and others:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Anno tated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that when the judgment exceeds a specified amount the judgment creditor may utilize certain discov ery procedures under the Civil Practice Act.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that in dispossessory proceedings and distress warrant proceedings when the judgment exceeds a specified amount the judgment creditor may utilize certain discovery procedures under the Civil Practice Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, is amended by adding a new subsection (g) to read as follows:
"(g) Notwithstanding the provisions of Code Section 15-10-42, in any case involving writs and judgments in dispossessory or distress warrant proceedings under paragraph (6) of Code Section 15-10-2 in which the judgment exceeds the amount of $5,000.00, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other process or remedy provided by law, utilize the discovery provi sions set forth in Code Section 9-11-69."

WEDNESDAY, JANUARY 24, 1996

217

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 Alien Y Andersen Y Ashe
Bailey Y Baker Y Bannister Y Barfoot E Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T 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
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii
Diion, H Y Diion, 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 Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley

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

Y Parrish Y Parsons
Y Pelote Perry
Y Pinholster
Y Polak Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson
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
Stephenson Y Streat Y Taylor Y Teague
Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall
Y Watson
Y Watts
Westmorland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Johnston of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1197.

By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th, Crawford of the 129th, Reichert of the 126th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against persons, so as to increase minimum penalties for aggravated assault and aggravated battery against employees of the Department of Children and Youth Services.

The following Committee substitute was read and adopted:
A BILL To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, so as to increase minimum penalties for aggravated assault and

218

JOURNAL OF THE HOUSE,

aggravated battery against persons known to be employees of the Department of Children and Youth Services; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, is amended by striking in its entirety subsection (e) of Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following:
"(e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Children and Youth Services who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated assault upon a correc tional officer while the correctional officer is engaged in, or on account of the perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 16-5-24, relating to aggravated battery, and inserting in lieu thereof the following:
"(e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Children and Youth Services who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated battery upon a correc tional officer while the correctional officer is engaged in, or on account of the perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years."
SECTION 3. This Act shall be effective July 1, 1996 and shall apply to offenses committed on or after that 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 roll call was ordered and the vote was as follows:

Y Alien YAndereon YAshe
Bailey Y Baker Y Bannister Y Barfoot E Bargeron Y Barnard Y Barnes Y Bates YBenefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D N Brooks, T 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 Childera Y Coker Y Coleman, B Y Coleman, T
Connell 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
Floyd Y Godbee Y Golden

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

WEDNESDAY, JANUARY 24, 1996

219

Y Hudson N 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
Lord

Y Lucas Y Maddox YMann
Y Martin Y McBee
McCall Y McClinton Y McKinney Y Mills N 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 N Randolph
YRay Y Reaves Y Reichert
N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
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 N Stanley, L N Stanley, P Y Stephenson
Y Streat N Taylor Y Teague Y Teper Y Thomas

Y Tillman Y Titus Y Towery Y Trense
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, the ayes were 157, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Teague of the 58th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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.

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 Alien Y Anderson Y Ashe
Bailey Y Baker Y Bannister Y Barfoot E 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, 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 Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H

Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hugley
Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye
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 Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter

220

JOURNAL OF THE HOUSE,

Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers
Y Royal Y Sanders

Y Sauder Scoggins
Y Shanahan Shaw
Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat

Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest
Y Twiggs Y Walker, L Y Walker, R.L
Y Wall

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

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1279.

By Representatives Ray of the 128th, Reaves of the 178th, James of the 140th, Purcell of the 147th and McCall of the 90th:
A bill to amend Code Section 2-9-6 of the Official Code of Georgia Anno tated, relating to bonds of dealers in agricultural products, the breach of con ditions, complaints to the Commissioner of Agriculture, hearings and settlement, actions on bonds, and pro rata distribution of insufficient bond proceeds, so as to provide for time limits for the filing of complaints, the giv ing of notice, and the commencement of actions.

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 Alien Y Anderson Y Ashe
Bailey Baker Y Bannister
Y Barfoot E 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, 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
Connell Y Crawford

Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y 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 Y Jones Y Joyce EKaye
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 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

On the passage of the Bill, the ayes were 166, nays 0.

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
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

WEDNESDAY, JANUARY 24, 1996

221

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

HB 514. By Representatives Martin of the 47th and Randall of the 127th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Anno tated, known as "The Law School Public Prosecutor Act of 1970," so as to change the definition of the term "district attorney"; to authorize the use of certain law school students and instructors as legal assistants in certain pro ceedings in municipal courts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1239.

By Representatives Martin of the 47th, Walker of the 141st, Chambless of the 163rd, Bostick of the 165th, Alien of the 117th and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as "The Georgia Indigent Defense Act," so as to create the mental health advocacy division of the Georgia Indigent Defense Council.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as "The Georgia Indigent Defense Act," so as to create the mental health advocacy division of the Georgia Indigent Defense Council; to provide for its purpose, powers and duties, and existence as a legal entity; to provide for responsibilities of the council and the council's director; to provide for a budget; to provide for appointment, qualifications, and compensation of the mental health advocate; to provide for employment of personnel; to provide for representation of persons prior to and after a finding of not guilty by reason of insanity at the time of the crime; 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 12 of Title 17 of the Official Code of Georgia Annotated, known as "The Georgia Indigent Defense Act," is amended by inserting at the end of such article the following:
"17-12-45. There is created the mental health advocacy division of the Georgia Indigent Defense Council for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The divi sion shall serve all counties of this state.
17-12-46. The mental health advocacy division shall be a legal entity; shall have perpetual exis tence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office.
17-12-47.

222

JOURNAL OF THE HOUSE,

The Georgia Indigent Defense Council and the council's director shall be responsible for management of the division. Managerial duties shall include, but are not limited to, the following:
(1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the division's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of Code Sections 17-12-45, 17-12-46, 17-12-48 through 17-12-51, and this Code section; and (4) Preparing an annual budget for the division, administering the funds made availa ble to the division, and overseeing the expenditure of such funds.
17-12-48. The council and its director shall prepare an annual budget showing all anticipated expenses of the division for the following fiscal year, which shall be the same as the fis cal year of this state. Such budget may be submitted by the mental health advocate.
17-12-49. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must have been licensed to practice law in this state for at least five years and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council.
17-12-50. The mental health advocate shall employ, with the advice and consent of the council and its director and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, stenographers, and any other persons as may be necessary for carrying out the responsibilities assigned to the division by law. A person employed under this Code section serves at the pleasure of the mental health advocate and the council's director.
17-12-51. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the mental health advocacy division of the council and the division may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the division allow; provided, however, that the public defender of any county or the court appointed attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representa tion of any such person. (b) Nothing in this Code section shall prevent the court or the court appointed attorney from requesting the participation of the division prior to a finding of not guilty by rea son of insanity at the time of crime. The court or the court appointed attorney may request that the division assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law."
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:

WEDNESDAY, JANUARY 24, 1996

223

Y Alien Y Anderson YAshe
Bailey Y Baker Y Bannister
Y Barfoot E Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T
N Brown, J N Brush
YBuck 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
Connell 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 N Ehrhart
YEpps N Evans
N Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin Y Greene N Grindley
Hanner Y Harbin N Harris 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 Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce EKaye
Kinnamon Y Klein NLadd NLakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Y Lucas N Maddox
YMann
Y Martin Y McBee
McCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock
YParham

Y Parrish
Y Parsons Y Pelote Y Perry N Pinholster Y Polak Y Porter Y Poston Y Poweli 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
Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W

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

On the passage of the Bill, by substitute, the ayes were 136, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1310.

By Representative Streat of the 167th:
A bill to amend Code Section 4-6-1 of the Official Code of Georgia Anno tated, relating to definitions relating to livestock dealers, so as to redefine the term "livestock".

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 Alien Y Anderson YAshe
Bailey Y Baker Y Bannister Y Barfoot E Baigeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T
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
Coleman, B Y Coleman, T
Connell Y Crawford Y Crews Y Culbreth

Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix Dixon, H Y Dixon, S Dobbs Y Ehrhart YEpps Y Evans Y Falls Felton Floyd Y Godbee Y Golden Y Goodwin

Y Greene Y Grindley
Hanner Harbin Y Harris Y Heard Y Heckstall Hegstrom Y Hembree Y Henson Y Holland Y Holmes Howard Hudson Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins

Y Johnson, G Johnson, J
Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord
Lucas Y Maddox YMann

224

JOURNAL OF THE HOUSE,

y Martin McBee
Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
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 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 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
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Y Tillman Titus
Y Towery Y Trense
Turnquest

Y Twiggs Y Walker, L
Walker, R.L Y Wall
Watson Y Watts Y Westmoreland
Whitaker Y White
VI W W illieaSa
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative McBee of the 88th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1311.

By Representative Streat of the 167th:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the 'Georgia Equine Act,' so as to change the provisions relating to veterinary services at equine sales.

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

Y Alien Y Anderson YAshe
Bailey Baker Y Bannister Y Barfoot E Bargeron Y Barnard Y Bernes Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn 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 Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B
Y DeLoach, G YDix Y DUon, H
Y DUon, 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
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 Y Lucas
Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock Parham

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

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

WEDNESDAY, JANUARY 24, 1996

225

On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 500. By Representatives Sherrill of the 62nd, Smith of the 175th, Coleman of the 80th, Walker of the 141st, Taylor of the 134th and others:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Anno tated, relating to special education services, so as to provide that special edu cation funding weight shall apply to special education students placed in general education programs.

The following Committee substitute was read and adopted:

A BILL
To amend Code section 20-2-160 of the Official Code of Georgia Annotated, relating to the determination of enrollment by institutional program, so as to change provisions relating to determination of enrollment of certain special education students; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code section 20-2-160 of the Official Code of Georgia Annotated, relating to the determi nation of enrollment by institutional program, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Depart ment of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedi cate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the stu dent is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eli gible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. A special education student who, on a designated reporting date, is enrolled in a program for students with disabilities under this article shall be counted for such program even during any one-sixth segment of the school day that the student may be

226

JOURNAL OF THE HOUSE,

assigned to an instructional program other than a program for students with disabilities if the assignment is based upon the agreed upon delivery of special education and related services as identified in the student's Individualized Education Program. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident stu dents, including specific circumstances which may include, but not be limited to, stu dents attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable rea son, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
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 Alien Y Anderson
Ashe Bailey Baker Y Bannister Y Barfoot E Bargeron Y Barnard YBarnes
Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childera Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii
Y Diion, H
Y Diion, S YDobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee
Y Golden
YGoodwin
Y Greene
Y Grindley
Y Manner
Y Harbin
Harris
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 YLadd YLakly 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
Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock 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
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
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
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson
Y Watts Y Westmorland
Y Whitaker
Y Whit*
Y Wiles Y Williams, B
Y Williams, J
Y Williams, R Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 855. By Representatives Smith of the 102nd, Yates of the 106th, Lakly of the 105th, Westmoreland of the 104th, Kaye of the 37th and others:
A resolution recognizing and commending Honorable Vance C. Smith, Sr.

WEDNESDAY, JANUARY 24, 1996

227

HR 856. By Representative Ashe of the 46th:
A resolution commending the Georgia School Food Service Association and its members.

HR 857. By Representative Rogers of the 20th: A resolution commending the New Life Missionary Baptist Church.

HR 858. By Representatives Shaw of the 176th, Golden of the 177th, Reaves of the 178th and Hudson of the 156th:
A resolution commending Honorable Henry Deering "Country" Johnston.

HR 859. By Representative Crawford of the 129th:
A resolution commending the annual Emancipation Celebration in Upson County, Georgia, and designating May 29, 1996, as "Emancipation Day".

HR 860. By Representatives Teague of the 58th, Brooks of the 54th and McKinney of the 51st:
A resolution commending the Old National Athletic Association Champion ship Little League football teams.

HR 861. By Representative Childers of the 13th: A resolution commending Y. T. Abernathy.

HR 862. By Representatives Childers of the 13th, Watts of the 26th and Perry of the llth:
A resolution commending founder, historian, and author, John L. Ginn, Sr.

HR 863. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Renty "Busby" Kitty.

HR 864. By Representatives Pelote of the 149th and Thomas of the 148th:
A resolution expressing regret at the passing of Dr. Coleridge Alexander Braithwaite.

HR 865. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution commending the Reverend Dr. Ja Arthur Jahannes.

HR 866. By Representatives Davis of the 48th, McKinney of the 51st, Randall of the 127th, Sinkfield of the 57th, Brooks of the 54th and others:
A resolution commending Miss Orah Belle Sherman.

HR 867. By Representative Rogers of the 20th:
A resolution welcoming and commending Miss America 1996, Shawntel Smith of Oklahoma.

228

JOURNAL OF THE HOUSE,

HR 868. By Representative Rogers of the 20th:
A resolution commending the Beulah Rucker Museum and Education Foun dation.

HR 869. By Representative Pelote of the 149th: A resolution commending the Reverend Herbert Harris.

HR 870. By Representative Pelote of the 149th: A resolution commending the Reverend Richard L. Hall.

HR 871. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Mervin Roy Payne.

HR 872. By Representative Pelote of the 149th: A resolution commending the Wilmington Missionary Baptist Church.

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

HR 812. By Representatives Turnquest of the 73rd, Jones of the 71st and Baker of the 70th:
A resolution commending the Southwest DeKalb High School Panthers for winning the Class AAAA State Football Championship and inviting represen tatives of the team to appear before the House of Representatives.

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

THURSDAY, JANUARY 25, 1996

229

Representative Hall, Atlanta, Georgia Thursday, January 25, 1996

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:

Alien Anderson
Bannister
Barnard
Barnes Bates Benefield Birdsong Bostick Brooks, D Brooks, T Brown, J Brush
Buck
Buckner Bunn
Byrd Campbell
Carter Channel! Childers
Coker Coleman, B Coleman, T Connell Crawford
Crews

Culbreth Cummings Davis, G
Day DeLoach, B DeLoach, G Diion, H Dixon, S Ehrhart Epps Falls
Felton
Godbee Golden Good win Greene Grindley
Harbin Harris
Heard Hecks tall Hegstrom Hembree Holland
Howard Hudson Hugley

Jenkins Johnson, G Johnson, J Johnston Joyce Kaye Kinnaroon Klein Ladd Lakly Lane Lee Lewis Lifsey Lord
Lucas Maddox McBee McCall McClinton Mills Mobley, B Mobley, J Mosley O'Neal Parham Parrish

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

Snelling S tailings Stancil, F Stancil, S Stephenson
Streat Taylor Thomas Titus Trense Turnquest Twiggs Walker, L Walker, R.L
Wall Watson Watts Westmoreland
Whitaker White Wiles Williams, B
Williams, J Williams, R
Woods Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Bordeaux of the 151st, Floyd of the 138th, Mann of the 5th, Ashe of the 46th, Rogers of the 20th, Bailey of the 93rd, Parsons of the 40th, Shanahan of the 10th, Sauder of the 29th, Chambless of the 163rd, Snow of the 2nd, Jamieson of the 22nd, Barfoot of the 155th, Jones of the 71st, Henson of the 65th, Stanley of the 50th, Stanley of the 49th, Burkhalter of the 41st, Davis of the 60th, Lawrence of the 64th, Evans of the 28th, Polak of the 67th, James of the 140th, Tillman of the 173rd, Canty of the 52nd, Towery of the 30th, Teague of the 58th and Dix of the 76th.
They wish to be recorded as present.

Prayer was offered by the Reverend Todd Wright, Pastor, Mt. Zion Baptist Church, Jonesboro, Georgia.

The members pledged allegiance to the flag.

Representative Byrd of the 170th, Vice-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.

230

JOURNAL OF THE HOUSE,

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

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

HB 1437. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend the Official Code of Georgia Annotated, so as to provide that certain exotic animals 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 provisions of law, so as to change a definition and provide for additional definitions; to amend Title 4 of the Official Code of Georgia Anno tated, relating to animals, so as to change provisions relating to marks, brands, and tattoos.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1438. By Representative Hembree of the 98th:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to change the maxi mum speed limits on certain interstate highways.
Referred to the Committee on Transportation.

HB 1439. By Representatives Heard of the 89th, Hugley of the 133rd and Culbreth of the 132nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions applicable to insurance gen erally, so as to change certain provisions relating to the cancellation or nonrenewal of automobile or motorcycle policies and the cancellation or nonrenewal of certain property insurance policies.
Referred to the Committee on Insurance.

HB 1440. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd, Snow of the 2nd, Bailey of the 93rd and others:
A bill to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the creation of the Emergency Management, Preparedness, and Assistance Trust Fund.
Referred to the Committee on Defense & Veterans Affairs.

THURSDAY, JANUARY 25, 1996

231

HB 1441. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th, Henson of the 65th, Hegstrom of the 66th and others:
A bill to create the DeKalb County Civic Center Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1442.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that such part shall not apply to certain antifreeze that is recycled, reclaimed, or repro-

Referred to the Committee on Natural Resources & Environment.
HB 1443. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 16 of Title 48 of the Official Code of Georgia Anno tated, relating to the tax amnesty program, so as to provide for the retention of the cost of collection fees by the Department of Revenue to be used to defray the cost of collection of delinquent taxes. Referred to the Committee on Ways & Means.
HB 1444. By Representative Ashe of the 46th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for changes in procedures to be followed by school disciplinary officers, panels, and tribunals relating to notice and timing of decisions.
Referred to the Committee on Education.
HB 1445. By Representatives Byrd of the 170th and Mosley of the 171st:
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 sales of high school yearbooks.
Referred to the Committee on Ways & Means.
HB 1446. By Representative Bordeaux of the 151st:
A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service in civil actions, so as to eliminate the requirement of a second original in actions where a defendant resides outside the county.
Referred to the Committee on Judiciary.
HB 1447. By Representative McKinney of the 51st:
A bill to re-create a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census so as to give to such courts jurisdiction to try offenses against the traffic laws of this state and offenses against traffic ordinances committed within the territorial juris diction of such cities.
Referred to the Committee on State Planning & Community Affairs.

232

JOURNAL OF THE HOUSE,

HB 1448. By Representative Teague of the 58th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to prohibit changing political affiliation in certain circum stances; to prohibit officials elected as independents from adopting a political affiliation in certain circumstances.
Referred to the Committee on Governmental Affairs.

HB 1449. By Representatives Stancil of the 16th, Davis of the 60th, Mann of the 5th, Crawford of the 129th and Trense of the 44th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions regarding the General Assembly, so as to prohibit members of the General Assembly who are teachers from receiving certain state funds during a regular or extraordinary legislative session.
Referred to the Committee on Rules.

HB 1450. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to amend an Act creating the Cherokee County Parks and Recreation Authority, so as to change certain provisions regarding the selection of the secretary and treasurer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1451. By Representatives Pelote of the 149th, Dixon of the 150th, Thomas of the 148th, Barnes of the 33rd and Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to define the crime of assault for the purpose of taking a bicycle.
Referred to the Committee on Special Judiciary.

HB 1452. By Representatives Shaw of the 176th, Dixon of the 168th, Golden of the 177th, Reaves of the 178th, Smith of the 175th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that the owner of a beehive or his or her agent may kill bears if certain conditions are met.
Referred to the Committee on Game, Fish & Parks.

HB 1453. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Goodwin of the 79th and Barnes of the 33rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for early voting in certain counties and munici palities during the July, 1996, primary and any runoffs thereof.
Referred to the Committee on Governmental Affairs.

THURSDAY, JANUARY 25, 1996

233

HB 1454. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Goodwin of the 79th, Barnes of the 33rd and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions.
Referred to the Committee on State Planning & Community Affairs.

HB 1455. By Representative Greene of the 158th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Anno tated, relating to qualifications of magistrates and restrictions on practices of law by magistrates, so as to change the qualifications for magistrates.
Referred to the Committee on Judiciary.

HB 1456. By Representatives Felton of the 43rd, Culbreth of the 132nd and Trense of the 44th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contri butions for unemployment compensation, so as to change the provisions relating to the State-wide Reserve Ratio.
Referred to the Committee on Industrial Relations.

HB 1457. By Representatives Canty of the 52nd, Mobley of the 69th, Hegstrom of the 66th, Orrock of the 56th, Randolph of the 72nd and others:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair practices in the insurance industry, so as to prohibit discriminatory acts against victims of abuse; to define what constitutes abuse and define other terms; to specify prohibited acts.
Referred to the Committee on Insurance.

HB 1458. By Representatives Rogers of the 20th, Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th and others:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to provide that a family farm limited partnership shall be a qualified owner.
Referred to the Committee on Ways & Means.

HB 1459. By Representative Rogers of the 20th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to persons not to be licensed, so as to provide that a person 14 years of age may be issued a restricted noncommercial Class P instruction permit if such person's parent or guardian is disabled and medically incap able of operating a motor vehicle safely.
Referred to the Committee on Motor Vehicles.

HR 853. By Representative Coleman of the 142nd:
A resolution authorizing the conveyance of certain state owned real property located in Dodge County.
Referred to the Committee on State Institutions & Property.

234

JOURNAL OF THE HOUSE,

HR 854. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd, Snow of the 2nd, Bailey of the 93rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an emergency manage ment, preparedness, and assistance trust fund for enumerated purposes.
Referred to the Committee on Defense & Veterans Affairs.

HR 873. By Representative Birdsong of the 123rd:
A resolution expressing appreciation to Georgia's World War I veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erect ing a monument in honor of Georgia's World War I veterans that would be similar to and across from the recently erected World War II monument in front of the James H. "Sloppy" Floyd Veterans Memorial Building.
Referred to the Committee on Defense & Veterans Affairs.

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

HB 1473. By Representative Teper of the 61st:
A bill to amend Code Section 21-5-35 of the Official Code of Georgia Anno tated, relating to restrictions on members of the General Assembly and other public officers elected state wide from accepting campaign contributions, so as to provide that candidates for federal office shall be excluded from such restrictions.
Referred to the Committee on Governmental Affairs.

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

HB 1382 HB 1383 HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1389 HB 1390 HB 1391 HB 1392 HB 1393 HB 1394 HB 1395 HB 1396 HB 1397 HB 1398
HB 1399 HB 1400 HB 1401 HB 1402 HB 1403 HB 1404

HB 1405 HB 1406 HB 1407 HB 1408 HB 1409 HB 1410 HB 1411 HB 1412 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418 HB 1420 HB 1421
HB 1422 HB 1423
HB 1424 HB 1425 HB 1426
HB 1427 HB 1428

THURSDAY, JANUARY 25, 1996

235

HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1434 HB 1435

HB 1436 HR 832 HR 833 HR 850 HR 851 HR 852 HB 1413

Pursuant to Rule 52, Representative Klein of the 39th moved that the following Bill of the House be engrossed:

HB 1413.

By Representatives Klein of the 39th, Smith of the 169th, Smith of the 102nd, Kinnamon of the 4th and Childers of the 13th:
A bill to amend Code Section 31-9-2 of the Official Code of Georgia Anno tated, relating to persons authorized to consent to surgical or medical treat ment, so as to change the provisions relating to the power of females to consent to certain surgical or medical treatment.

The motion prevailed.

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 Resolution of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HR 743 Do Pass, by Substitute
Respectfully submitted, M Godbee of the 145th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1183 Do Pass, by Substitute HB 1268 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:

236

JOURNAL OF THE HOUSE,

Your Committee on Industry has had under consideration the following Bills and Res olution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 555 Do Pass, by Substitute HB 1151 Do Pass HB 1152 Do Pass

HB 1153 Do Pass, by Substitute HR 750 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 907 Do Pass, by Substitute HB 1245 Do Pass, by Substitute SB 7 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Banner 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1118 Do Pass HB 1224 Do Pass HB 1290 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 560 Do Pass, by Substitute HB 1325 Do Pass

THURSDAY, JANUARY 25, 1996

237

Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property 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 1086 Do Pass HB 1168 Do Pass

HB 1193 Do Pass, by Substitute SB 53 Do Pass, by Substitute

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1363 Do Pass HB 1373 Do Pass HB 1376 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 1363.

By Representative Hanner of the 159th:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Webster County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1373.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Ivey in Wilkinson County, so as to change the powers of the judge of the municipal court.

238

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 97, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1376. By Representative Smith of the 175th: A bill to provide a new charter for the City of Woodbine.

The report 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 3.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 549. By Senators Griffin of the 25th, Tysinger of the 41st, Pollard of the 24th and Hill of the 4th:
A bill to amend Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Geor gia Military College; to change the provisions relating to terms of board members; to change the date for determining the applicability of the provi sions relating to prior trusts.

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

HB 1225.

By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the City of Richmond Hill Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas.

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

HR 822. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th and others:
A resolution relative to adjournment.

HR 839. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending Honorable Paul A. Keenan.

THURSDAY, JANUARY 25, 1996

239

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:
SB 549. By Senators Griffin of the 25th, Tysinger of the 41st, Pollard of the 24th and others: A bill to amend Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Geor gia Military College; to change the provisions relating to terms of board members; to change the date for determining the applicability of the provi sions relating to prior trusts.
Referred to the Committee on Defense & Veterans Affairs.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 874. By Representative Hembree of the 98th: A resolution commending the Douglas County Lady Tigers Girls Fast Pitch Softball Team and inviting the team members to appear before the House of Representatives.
HR 875. By Representative Jenkins of the 110th: A resolution honoring Coach Dan Pitts and inviting him to appear before the House of Representatives.
HR 877. By Representatives Royal of the 164th and Hudson of the 156th: A resolution commending Honorable Cathy Cox and inviting her to appear before the House of Representatives.
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 874 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman
Under the general order of business, the following Bill of Senate was taken up for con sideration and read the third time:
SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and delete certain definitions; to revise provisions relative to the man agement of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.

240

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to revise provisions governing the management, ownership, and creation of branch banks; 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. Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, is amended by striking Code Section 7-1-601, relating to branch banks, and inserting in lieu thereof a new Code Section 7-1-601 to read as follows:
"7-1-601.
(a) Branch banks, as defined in paragraph (5) of Code Section 7-1-600, shall be operated as branches and under the name of the parent bank and under the control and direction of the board of directors and executive officers of said parent bank. The board of direc tors of the parent bank shall elect a cashier and such other officers that may be required to conduct the business of said branch properly; and a board of directors, or loan com mittee, shall be responsible for the conduct and management of said branch, but not of the parent bank or of any other branch save that of which they are officers, directors, or committee. (b) Taxation of all banks, branch banks, bank offices, and bank facilities shall be in the manner provided in Code Section 48-6-90. (c) No new or additional branch bank as defined in paragraph (5) of Code Section 7-1-600 shall be established except with the prior approval of the department and as fol lows:
(1) After July h. 1996, a bank may establish three new or additional branch banks. Such branch banks may be established de novo in the same manner as provided for the establishment of bank offices in Code Section 7-1-602. As used in this subsection, the term 'bank' shall mean all affiliated banks under the same bank holding company. The limitation on the number of banks set forth in this paragraph shall not apply to branch banks established pursuant to subsection (e) of Code Section 7-1-606 Branch banka may fee established through merger ef other consolidation pursuant to the pro-
consolidations ef a federal savings and teas association e? federal savinga bank 4nte a savings bank, state savings and- loan, er commercial bank, pursuant te the provioions
branch bank has been lawfully receiving deposits at aueh place ef busincaa within -this
Oatt/nntfCn IftnJTr tttiTi 1ICrJnUoSLt "^SAt ImXlfUiirltl-tKllSn-,
(2) Any parent bank located in any county of this state having a population of 400,000 or more according to the United States decennial census of 1970 may establish branch banks as provided by law within any adjacent county having a population of 400,000 or more according to the United States decennial census of 1970;
(3)(A) A branch bank may be established through merger, consolidation, or sale of assets pursuant to Part 14, 15, or 16 of this article if:
(i) One of the parties to the merger, consolidation, or sale of assets is a failed bank; and
(ii)(I) In the event that the other party presently maintains a parent bank or a branch bank in a county adjacent to the county of the failed bank, all quali fied banks having a parent bank or a branch bank in the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bank; or

THURSDAY, JANUARY 25, 1996

241

(II) In the event that the other party is a bank domiciled in this state which does not maintain a parent bank or a branch bank in a county adjacent to the county of the failed bank, all qualified banks having a parent bank or a branch bank in either the county of the failed bank or a county adjacent to the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bankf; (B) For the purposes of this paragraph, a bank shall be deemed to be a failed bank if the commissioner and the appropriate federal regulatory authority have deter mined that the bank: (i) Is insolvent or in an unsafe or unsound condition to transact its business; or (ii) Has generally suspended payment of its obligations without authority of lawt. (C) For the purposes of this paragraph, a bank shall be deemed to be qualified to merge or consolidate with, or acquire the assets of, a failed bank only if the commis sioner and the appropriate federal regulatory authority have determined that the bank possesses sufficient capital and management resources to enable it to operate safely and soundly following the proposed merger, consolidation, or sale of assets^ (D) For the purposes of this paragraph, a bank shall be deemed to be unwilling to merge or consolidate with, or acquire the assets of, a failed bank if it does not, within a reasonable time as determined by the commissioner, match the best offer made by any qualified bank to merge or consolidate with, or acquire the assets of, the failed bank. The commissioner may prescribe procedures for determining the best offer to merge or consolidate with, or acquire the assets of, the failed bank, including but not limited to the submission of sealed bids; for determining which of the banks located in the county of the failed bank, or in counties adjacent to the county of the failed bank, shall be entitled to attempt to match the best offer; and for determining whether a subsequent offer matches the best offer."
SECTION 2. Said part is further amended by striking subsection (c) of Code Section 7-1-601, relating to branch banks, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
\c) iNo new op QdditionQl DFftncn DftHH tts dctined tft pflr&grflpn \o) of Oode ocction 7-1-600 shall be established except as follows;
(1) Branch banks may be established through merger er other consolidation pursuant te the provisions ef aubscction 4$) ef Code Section 7-1-606 r through conversions, mergers, or consolidations ^f a tcdcrai savings and loan association ~of federal savings bank- into a savings bank, state savings and loan, er commercial bank, pursuant te the provisions ef Code Section 7 1-203 provided each place of business which is-te become 9ucii ft Drflncn DQHK nets DeeR iQwiuiiy receiving deposit's ftt sucn pisee1 of Dusiness

400,000 er more according te the United States decennial census ef- 1070 may establish Druncn DflnKs fts ppovided fry isw wrerun sny ddjseent county nsvin ft popuiQ11on of 400,000 ef mere according te the United States decennial census ef- 1070;
(3)(A) A branch bank may fee established through merger, consolidation, er sate ef assets pursuant te Part 44; ^ er 46 ef this article ift
DflnK'j find ^ii/(,ij n tnc event tfiflt tne otner p&rty presently mflintflins ft p&rent uflnk OP ft DFuncn DflnK m ft county &djscent to tnc county of tne toiled DfinK^ flii tjuftii~
DftnK flpe unwilling to ttier^fe of consoiiuflte witn, of flccjuire tnc ctssets ofj tne failed bank; er
docs ttot mftintftin ft pcirent oonK of ft Offlncn osnk tn~ ft county ftdjscent to tne county ef the failed bank, aH qualified banks having a parent bank er a branch

242

JOURNAL OF THE HOUSE,

Or tflC IQllCQ DflHK dfC tinWilling tO MICF^C Of COIlSOllClfltO Witft) Of flCC[UlfO tflC
assets ef; the failed bank; (B) For the purposes ef this paragraph, a bank shall be deemed te fee failed -bank if the commissioner and the appropriate federal regulatory authority have dctcrmined that the bank:
(i) la insolvent e* in a unaafc er unaound condition te transact its business; e* (ii) Has generally suspended payment ef its obligations without authority ef tew;
\O^--r Of tfl pUrpOSCS Of tillS pftF&fdpft t ft OftFlK Sflflii "O QeCmCQ tO "OC QUGul11GCL tO
merge or conaolidatc with, ef acquire the asscto ef; a failed bank enly if the commissieaer and the appropriate federal regulatory authority have determined that the ofliiK possesses su11tcicnt cftpitfli &nct ntiflnftgcmcnt' resources TO cnflDic it TO opcriitc safely and soundly following the proposed merger, consolidation, er sale ef assets;
\Lf) - rOf tflC pUFpOSCS Of tftlS pftPfl^Pflpflj ft DQfiK SflQil DC QC&meCl TO OO UHWl111H^
within a reasonable time as determined fey the commisaiefter; match the best offer niQuC Dy ftuy cjuflliiicci oflntc to mef^e of consoiiufttc witiij or flccjuirc trie flsscts oij the failed bank. 5%e commissieaef ay prescribe procedures fof determining the
DCSt Orief to JfttCfO Of COHSOi1Qfl16 Wltllj Of QCCJUlfC tile CLSSCtS Olj tilC IfilleCt OEtnlC)
iTicluuiii^ out not Itfflited to tne suDmission or sccticct Didsj *Of detcpminin^ WAICA ef the banks located in the county ef the failed bank, er counties adjacent te the
ivniiiiv of fV>f* fnilf*H h nn 1r ghnll V>p pntitlrH to flttrrnnt tn Tttrttpti thn HP tit nffor* nriH
fer determining whether a subsequent offer matches the best offer. New or additional branch banks as defined in paragraph (5) of Code Section 7-1-600 may be established with the prior approval of the department. Such branch banks may be established de novo in the same manner as is provided for the establishment of bank offices in Code Section 7-1-602, b^ relocation of the parent bank or another branch bank, or by merger, consolidation, or purchase of assets and assumption of liabilities involving another parent bank or branch bank."
SECTION 3. Section 1 of this Act shall become effective July 1, 1996. Section 2 of this Act shall become effective on July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Johnston of the 81st moves to amend the Committee substitute to SB 165 as follows:
Change P. 6 Line 3 from July 1, 1998 to July 1, 2000.

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

N Alien Y Anderson N Ashe N Bailey N Baker N Bannister N Barfoot E Bargeron N Barnard Y Barnes N Bates Y Benefield N Birdsong Y Bordeaux N Bostick

Breedlove Brooks, D N Brooks, T N Brown, J Y Brush NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty N Carter N Chambless N Channel!

Y Childers N Coker Y Coleman, B N Coleman, T N Connell Y Crawford N Crews N Culbreth Y Cummings N Davis, G Y Davis, M NDay Y 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 Y Godbee N Golden N Goodwin Y Greene N Grindley N Manner

Y Harbin N Harris N Heard N HeckstaU N HegBtrom N Hembree N Henson N Holland N Holmes Y Howard Y Hudson N Hugley
Irvin
N James N Jamieson

THURSDAY, JANUARY 25, 1996

243

N Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon N Klein
N Ladd
Y Lakly Y Lane N Lawrence N Lee Y Lewis YLifsey
YLord N Lucas
Y Maddox Y Mann 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 Y Parham N Parrish N Parsons NPelote N Perry
NPinholster NPolak
Y Porter Y Poston N Powell

N Purcell, A
N Purcell, B N Randall N Randolph Y Ray N Reaves N Reichert N Roberts N Rogers
N Royal
N Sanders N Sauder E Scoggins Y Shanahan N Shaw N Sherrill
N Shipp N Simpson
N Sinkfield N Skipper N Smith, C

Y Smith, C.W
N Smith, L Y Smith, P N Smith, T N Smith, V
Smith, W N Smyre N Snelling Y Snow
N Stallings
Y 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

On the adoption of the amendment, the ayes were 55, nays 116. The amendment was lost.

Y Titus
N Towery N Trense N Turnquest Y Twiggs N Walker, L N Walker, R.L N Wall N Watson
Y Watts
Y Westmorland N whitaker N white Y Wiles N Williams B V W UiaZ J
v WTrTn * uhams, K
N Woods N Yates
Murphy, Spkr

The following amendment was read:

Representative McKinney of the 51st moves to amend the Committee substitute to SB 165 as follows:
By adding on line 12, page 2, the following:
All banks chartered pursuant to this Code Section shall use all reasonable means to serve the needs of all segments of the community in which they are located. Such banks shall diligently comply with the provisions of the Community Reinvestment Act.

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

Y Alien
Y Andersen N Ashe Y Bailey N Baker N Bannister N Barfoot
E Bargeron N Barnard
Y Barnes N Bates Y Benefield
Y Birdsong N Bordeaux Y Bostick
Breedlove Brooks, D
Y Brooks, T N Brown, J N Brush
N Buck Y Buckner Y Bunn N Burkhalter Y Byrd
N Campbell Y Canty N Carter
Y Chambless Y Channel! N Childers

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

Y Heard
Y Heckstall Y Hegstrom N Hembree N Henson Y Holland Y Holmes
Y Howard Y Hudson
Y Hugley Irvin
Y James
N Jamieson Y Jenkins N Johnson, G Y Johnson, J N Johnston
Y Jones N Joyce Y Kaye
Y Kinnamon Y Klein N Ladd N Lakly N Lane
Y Lawrence Y Lee N Lewis
N Lifsey Lord
Y Lucas

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

Y Roberts
N Rogers Y Royal N Sanders N Sauder E Scoggins Y Shanahan
N Shaw N Sherrill
N Shipp N Simpson Y Sinkfield
Y Skipper Y Smith, C N Smith, C.W N Smith, L Y Smith, P
Y Smith, T N Smith, V
Smith, W
Y Smyre Y Snelling Y Snow N Stallings Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P
N Stephenson Y Streat Y Taylor

244

JOURNAL OF THE HOUSE,

Y Teague Y Teper Y Thomas N Tillman N Titus

N Towery N Trense Y Turnquest Y Twiggs Y Walker, L

N Walker, R.L N Wall
N Watson Y Watts Y Westmorland

N Whitaker Y White Y Wiles N Williams, B Y Williams, J

On the adoption of the amendment, the ayes were 89, nays 81. The amendment was adopted.

Y Williams, R Y Woods
NYates
Murphy, Spkr

The following amendment was read:

Representative Williams of the 114th moves to amend the Committee substitute to SB 165 as follows:
On page 2, line 3 after the word "bank" insert the following
"whose corporate headquarters, including the headquarters of any parent holding com pany, is located within the State of Georgia"
and further amend on page 2 line 23 by inserting after the word "bank" the following
"whose corporate headquarters, including any parent holding company, is located within the State of Georgia."

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

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

N Crews N Culbreth
Y Cummings N Davis, G Y Davis, M NDay Y DeLoach, B
Y 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 N Goodwin
Y Greene N Grindley N Manner Y Harbin N Harris N Heard N Heckstall Y Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard Y Hudson N Hugley

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

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

On the adoption of the amendment, the ayes were 59, nays 112. The amendment was lost.

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

THURSDAY, JANUARY 25, 1996

245

The following amendment was read:

Representative Lakly of the 105th moves to amend the Committee substitute to SB 165 by striking after the word "amend" on line 1 of page 1 the following:
"Part 18 of. By striking after the word "to" on line 2 of page 1 the following:
"bank branches, offices, facilities, and holding companies", and inserting in lieu thereof the following:
"banks and trust companies". By adding after the semicolon following the word "banks" on line 5 of page 1 the follow ing:
"to provide for restrictions on fees which a commercial bank may charge to cash a check drawn on a different bank;". By striking from the beginning of line 10 of page 1 the following: "Part 18 of. By striking after the word "to" on line 11 of page 1 the following: "bank branches, offices, facilities, and holding companies", and inserting in lieu thereof the following: "banks and trust companies". By striking after the word "Said" on line 41 of page 3 the following: "part",
and inserting in lieu thereof the following: "article".
By adding between the end of line 43 on page 5 and the beginning of line 1 on page 6 the following:
"SECTION 3. Said article is further amended by adding a new Code section at the end of Part 7 to read as follows:
'7-1-373.
A commercial bank shall not refuse to honor or cash a check drawn on a bank other tchhaencki.'t"self and may not charge a fee greater than 50 it for honoring or cashing such
By striking after the word "SECTION" on line 1 of page 6 the following: "3",
and inserting in lieu thereof the following: "4".
By striking at the beginning of line 2 of page 6 the following: "Section 1",
and inserting in lieu thereof the following:

246

JOURNAL OF THE HOUSE,

"Sections 1 and 3".
By striking after the word "SECTION" on line 5 of page 6 the following: "4",

and inserting in lieu thereof the following: "5".

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

Y Alien Y Anderson
NAshe Y Bailey N Baker N Bannister
NBarfoot E Bargeron N Barnard Y Barnes N Bates Y Benefield N Birdsong N Bordeaux
Bostick Breedlove
Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn N Burkhalter
NByrd N Campbell
Y Canty N Carter N Chambless
N Channell Y Childers N Coker N Coleman, B N Coleman, T
N Connell Y Crawford

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

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

N Parrish N Parsons N Pelote N Perry N Pinholster N Polak Y Porter Y 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 E Scoggins N Shanahan YShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V
Smith, W

On the adoption of the amendment, the ayes were 59, nays 111. The amendment was lost.

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

The following amendment was read:

Representative Barnes of the 33rd moves to amend the Committee substitute to SB 165 by adding on line 5 of page 1 between the semicolon and the word "to" the following:
"to provide under certain conditions for the sale of a branch bank which was once chartered as a parent bank; to provide for the relocation of parent banks;".
By striking in their entirety lines 3 through 7 on page 2 and inserting in lieu thereof the following:
"(1) After July 1^ 1996, a bank may establish during any five-year period branch banks within one adjacent county where the bank does not operate any branch banks. Such branch banks may be established de novo in the same manner as provided for

THURSDAY, JANUARY 25, 1996

247

the establishment of bank offices in Code Section 7-1-602. As used in this subsection, the term 'bank'".
By changing the period to a semicolon and striking the quotation marks at the end of line 39 of page 3 and adding between lines 39 and 40 on page 3 the following:
"(4) Any bank located in one county which has been issued a permit by the depart ment may establish a bank office or facility as provided by law within an adjacent county which does not have a bank operating in such county.
(d) Notwithstanding any other provisions of this Code section, a parent bank located in this state and having a branch bank that was once chartered as a parent bank and that has been continuously engaged in the banking business in the same county for at least five years may sell such branch bank to any other Georgia bank, provided that all par ent banks, branch banks, bank offices, bank facilities, and any other banking subsidi aries owned bjr the selling parent bank, or its holding company, and located in the county where such branch bank is located, are included in the sale.'
SECTION 2. Said part is further amended by adding at the end of Code Section 7-1-602, relating to bank offices and bank facilities, a new subsection (g) to read as follows:
'(g) A parent bank, subject to the conditions provided in this part, may, upon obtaining approval and a permit from the department, relocate to a site which is not more than 30 miles from its former site for which a permit was issued; provided, however, that a parent bank shall not be authorized to relocate more than one time during any five-year period; provided, further, that if a parent bank relocates to another county where the bank does not operate any branch banks, such bank shall not be authorized to establish pursuant to paragraph (1) of subsection (c) of Code Section 7-1-601 any branch banks in any county adjacent to the county wherein the bank has relocated until the expiration of five years from the date of relocation as evidenced by the permit.'".
By striking in their entirety Sections 2 and 3 beginning on line 40 of page 3 and conclud ing on line 4 of page 6.
By renumbering Section 4 on page 6 as Section 3.

The following amendment was read:

Representative Dobbs of the 92nd moves to amend the Barnes amendment to the Committee substitute to SB 165 as follows:
Add on line 11 page 1 after "1996" and until 2001,
and replace on line 12, page 1
the word "five" with the word "two".

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

N Alien N Anderson Y Ashe N Bailey N Baker Y Bannister Y Barfoot E Bargeron N Barnard N Barnes Y Bates

N Benefield N Birdsong N Bordeaux
Bostick Breedlove Brooks, D N Brooks, T Y Brown, J N Brush NBuck Y Buckner

N Bunn N Burkhalter
Byrd
N Campbell Y Canty Y Carter N Chambless N Channell N Childers N Coker N Coleman, B

N Coleman, T N Connell N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B
N DeLoach, G

NDix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart NEpps N Evans N Falls N Felton Y Floyd NGodbee

248

JOURNAL OF THE HOUSE,

Y Golden Y Goodwin N Greene
N Grindley N Hanner N Harbin Y Harris N Heard N Heckstall N Hegstrom N Hembree N Henson
Y Holland
N Holmes N Howard N Hudson
N Hugley Irvin
N James Y Jamieson NJenkins
N Johnson, G N Johnson, J YJohnston N Jones

N Joyce N Kaye N Kinnamon
Y Klein N Ladd Y Lakly N Lane N Lawrence N Lee N Lewis N Lifsey N Lord
Lucas
N Maddox Y Mann Y Martin
Y McBee N McCall
N McClinton McKinney
Y Mills
N Mobley, B N Mobley, J N Mosley N Mueller

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

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

On the adoption of the amendment, the ayes were 42, nays 125. The amendment was lost.

N Teague Y Teper N Thomas
N Tillman Y Titus N Towery N Trense N Turnquest N Twiggs Y Walker, L Y Walker, R.L Y Wall
N Watson
N Watts Y Westmorland jj whitaker
N white N wi]es
N William8 B M w;n,-. m .' I " W ams, J
" TM imams, K N Woods N Yates
Murphy, Spkr

The following amendment was read:
Representative Dobbs of the 92nd moves to amend the Barnes amendment to the Committee substitute to SB 165 as follows: On line 12 of page 1, change the word "five" to the word "three".

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

N Alien N Anderson Y Ashe N Bailey N Baker
N Bannister N Barfoot E Bargeron Y Barnard N Barnes Y Bates N Benefield N Birdsong N Bordeaux
Bostick Breedlove Brooks, D N Brooks, T
Y Brown, J N Brush N Buck Y Buckner N Bunn
N Burkhalter N Byrd
N Campbell Y Canty Y Carter
N Chambless N Channell NChilders N Coker

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

N Hegstrom N Hembree N Henson Y Holland N Holmes
N Howard N Hudson N Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones N Joyce N Kaye
N Kinnamon Y Klein N Ladd Y Lakly N Lane
N Lawrence N Lee
Y Lewis N Lifsey N Lord
Y Lucas N Maddox N Mann Y Martin

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

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

THURSDAY, JANUARY 25, 1996

249

N Towery N Trense N Turnquest N Twiggs

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

N Watts Y Westmorland N Whitaker
N White

N Wiles N Williams, B
N Williams, J
N Williams, R

On the adoption of the amendment, the ayes were 43, nays 128. The amendment was lost.

N Woods N Yates
Murphy, Spkr

The following amendment was read:

Representative Anderson of the 116th and Barnes of the 33rd move to amend the Barnes amendment to the Committee substitute to SB 165 as follows:
By adding a new section 3 on page 2 after line 17 which shall read as follows:
All banks chartered pursuant to the laws of this state shall use all reasonable efforts to serve the needs of all members of the community in which they are located. Such banks shall diligently comply with the provisions of the Community Reinvestment Act.

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

Y Alien Y Anderson
Ashe Y Bailey N Baker N Bannister
Barfoot E Bargeron Y Barnard Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux Y Bostick
Breedlove Brooks, D Y Brooks, T N Brown, J N Brush Buck Y Buckner YBunn N Burkhalter YByrd N Campbell Y Canty N Carter N Chambless Y Channel! Y Childers Y Coker N Coleman, B Coleman, T Y Connell Y Crawford

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

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

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

On the adoption of the amendment, the ayes were 111, nays 52. The amendment was adopted.

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

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

250

JOURNAL OF THE HOUSE,

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

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

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

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

On the adoption of the amendment, the ayes were 73, nays 97. The amendment was lost.

N Smyre N Snelling YSnow N Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson Y Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus N Towery N Trense N Turnquest Y Twiggs N Walker, L N Walker, R.L N Wall
N Watson
Y Watts
Y Westmoreland
Y Whitaker N White
Y Wiles
N Williams, B
N Williams, J
Y Williams, R
N Woods
N 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 Alien N Andersen
Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot E Bargeron Y Barnard N Barnes Y Bates Y Benefield N Birdsong N Bordeaux Y Bostick
Breedlove Brooks, D Y Brooks, T Y Brown, J
N Brush YBuck Y Buckner YBunn Y Burkhalter

YByrd
Y Campbell Y Canty Y Carter Y Chambless N Channell N Childers Y Coker Y Coleman, B Y Coleman, T Y Connell N Crawford Y Crews Y Culbreth N Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S N Dobbs

Y Ehrhart YEpps N Evans Y Falls Y Felton Y Floyd
N Godbee Y Golden Y Goodwin N Greene Y Grindley
N Hanner N Harbin Y Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes N Howard N Hudson Y Hugley

Irvin Y James Y Jamieson
Y Jenkins Y Johnson, G N Johnson, J
N Johnston Y Jones
N Joyce NKaye N Kinnamon Y Klein YLadd N Lakly NLane Y Lawrence YLee N Lewis N Lifsey NLord Y Lucas N Maddox N Mann Y Martin

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

THURSDAY, JANUARY 25, 1996

251

Y Randolph Y Ray
Y Reaves Y Reichert Y Roberts N Rogers
Y Royal Y Sanders Y Sauder
E Scoggins N Shanahan N Shaw

Y Sherrill Y Shipp
Y Simpson Y Sinkfield N Skipper Y Smith, C
Y Smith, C.W Y Smith, L N Smith, P
Y Smith, T Y Smith, V
Smith, W

Y Smyre Y Snelling
N 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 Y Towery Y Trense
Y Turnquest N Twiggs Y Walker, L
Y Walker, R.L Y Wall Y Watson

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

On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 56.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Woods - 32

1/25/96

Explanation of Vote on SB 165

Senate Bill 165 is vital legislation that embraces free market principles, as opposed to con tinued efforts to protect the small community banks through regulation. The latter have presented a compelling case of mergers and acquisitions, followed by reduced banking ser vices, higher fees, layoffs, and reduced lending to the small businesses that are the most likely source of new jobs for those laid off. However, legislation that would reduce banking regulations that discourage lending to small business, and enacting incentives to promote increased lending to small business, can and should be pursued as a separate legislative issue. Moreover, in the free market system, it is the consumers whose wisdom prevails, and it is foolish for legislators, however well informed and well intentioned, to presume that they are more qualified to steer the banking industry than the consumer. And finally, if we were to continue to protect the community banks from state banks by continuing to restrict branch banking, we would place both at a competitive disadvantage against the national banks, savings and loans, credit unions and brokerages which are not subject to state branch banking regulations. Therefore I have voted in favor of unrestricted statewide
branch banking.

Representative Barnes of the 33rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 165.

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

HR 874. By Representative Hembree of the 98th:
A resolution commending the Douglas County Lady Tigers Girls Fast Pitch Softball Team and inviting the team members to appear before the House of Representatives.

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

252

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 26, 1996

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 Glenn V. Hobby, Pastor, Pebble City Baptist Church, Camilla, Georgia.
The members pledged allegiance to the flag.
Representative Byrd of the 170th, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1137. By Representative Woods of the 32nd: A bill to amend Article 5 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the State Commission on Compensation, so as to change certain provisions relating to a comparative study by the State Commission on Compensation regarding the compensation of certain state officers and employees.
Referred to the Committee on Appropriations.
HB 1460. By Representative Birdsong of the 123rd: A bill to amend Article 1 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions applicable to the arrest of persons, so as to change the provisions relating to what constitutes an arrest; to provide what constitutes a seizure for the purposes of an arrest.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 26, 1996

253

HB 1461. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Anno tated, relating to medicare supplement insurance, so as to implement the requirements of the Social Security Act Amendments of 1994.
Referred to the Committee on Insurance.

HB 1462. By Representative Brush of the 112th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for a reform of the existing public education system in the State of Georgia at all levels.
Referred to the Committee on Education.

HB 1463. By Representatives Brush of the 112th, Trense of the 44th and Williams of the 83rd:
A bill to amend Code Section 20-2-153 of the Official Code of Georgia Anno tated, relating to special instructional assistance program for students with developmental deficiencies, so as to provide that the Department of Educa tion shall not require any local school system participating in a special instructional assistance program to use any specific instructional method.
Referred to the Committee on Education.

HB 1464. By Representatives Brush of the 112th, Smith of the 175th and Williams of the 83rd:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to the assessment of the effectiveness of educational programs, so as to prohibit the awarding of the High School Performance Certificate in lieu of a diploma by local school systems.
Referred to the Committee on Education.

HB 1465. By Representative Brush of the 112th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to authorize the State Commissioner of Education to act as chairperson and chief executive officer of the State Board of Education; to remove the State Board of Educa tion's general supervisory and personnel authority over the Department of Education.
Referred to the Committee on Education.

HB 1466. By Representative Greene of the 158th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for probate courts, and Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrates, so as to change the amount of and provisions relating to the compensation for a probate court judge serving as chief magis trate or magistrate.
Referred to the Committee on Judiciary.

254

JOURNAL OF THE HOUSE,

HB 1467. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Anno tated, relating to requesting of judicial assistance from other courts, so as to provide for the compensation, expenses, and mileage allowance for part-time state court judges providing assistance in superior courts.
Referred to the Committee on Judiciary.

HB 1468. By Representative Barnes of the 33rd:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to municipal courts, so as to exempt certain superior court judges and state court judges from training requirements applicable to judges of the municipal courts.
Referred to the Committee on Judiciary.

HB 1469. By Representatives Towery of the 30th, Coker of the 31st, Sauder of the 29th, Grindley of the 35th, Kaye of the 37th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the title and compensation of the chairman; to provide that the chairman shall appoint the heads of the departments of the county; to provide for the duties of the chairman; to provide that the office of county manager may be created by the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1470. By Representatives Harbin of the 113th, Lord of the 121st, Sauder of the 29th, Lewis of the 14th and Smith of the 175th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide procedures for the enactment of legislation mandating certain coverage in accident and sickness insurance policies.
Referred to the Committee on Insurance.

HB 1471. By Representatives Martin of the 47th, Orrock of the 56th, Stephenson of the 25th and Randall of the 127th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Division of Public Health of the Department of Human Resources and county boards of health to conduct studies and implement a pilot program of sterile needle and syringe exchange and other harm reduction programs for the purpose of combating the spread of infec tious and communicable diseases.
Referred to the Committee on Health & Ecology.

HB 1472. By Representatives Stanley of the 49th, Stanley of the 50th, Hugley of the 133rd, Culbreth of the 132nd and Heard of the 89th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Insurance Code," and Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change the definition of insur ance fraud.
Referred to the Committee on Insurance.

FRIDAY, JANUARY 26, 1996

255

HB 1474. By Representatives Heard of the 89th, Hugley of the 133rd, Taylor of the 134th, Stanley of the 50th, Stanley of the 49th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participa tion in state contracts.
Referred to the Committee on State Institutions & Property.

HB 1475. By Representatives Parrish of the 144th, Byrd of the 170th, McBee of the 88th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permit ted.
Referred to the Committee on State Planning & Community Affairs.

HR 876. By Representative Jenkins of the 110th: A resolution compensating Ms. Sylvia A. Cone.
Referred to the Committee on Appropriations.

HR 878. By Representatives Lane of the 146th and Godbee of the 145th:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

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

HB 1477. By Representative Lucas of the 124th:
A bill to amend Article 1 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems in general, so as to provide that utility companies desiring to place certain facil ities on the public roads must agree to bear future utility relocation expenses resulting from future road construction and maintenance.
Referred to the Committee on Industry.

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

HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444 HB 1445

HB 1446 HB 1447 HB 1448 HB 1449 HB 1450 HB 1451 HB 1452 HB 1453 HB 1454

256

JOURNAL OF THE HOUSE,

HB 1455 HB 1456 HB 1457 HB 1458 HB 1459

HB 1473 HR 853 HR 854 HR 873 SB 549

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

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1293 Do Pass HB 1431 Do Pass HR 873 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1232 Do Pass HB 1252 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1148 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

FRIDAY, JANUARY 26, 1996

257

Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1270 Do Pass, by Substitute HB 1291 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1235 Do Pass, by Substitute HB 1298 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

Mr. Speaker:

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

HR 813 Do Pass HR 814 Do Pass HR 820 Do Pass HR 824 Do Pass HR 828 Do Pass HR 829 Do Pass

HR 830 Do Pass HR 831 Do Pass HR 848 Do Pass HR 875 Do Pass HR 877 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1179 Do Pass HB 1300 Do Pass, by Substitute

258

JOURNAL OF THE HOUSE,

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

HB 1387 Do Pass HB 1390 Do Pass HB 1392 Do Pass HB 1393 Do Pass HB 1407 Do Pass

HB 1409 Do Pass HB 1410 Do Pass HB 1411 Do Pass HB 1428 Do Pass SB 488 Do Pass

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

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 1236 Do Pass
HB 1243 Do Pass HB 1336 Do Pass HR 804 Do Pass HR 817 Do Pass

HR 819 Do Pass
HR 825 Do Pass HR 852 Do Pass SR 85 Do Pass

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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1115 Do Pass, by Substitute HB 1156 Do Pass SB 262 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

FRIDAY, JANUARY 26, 1996

259

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 756 Do Pass, by Substitute HB 1241 Do Pass
Respectfully submitted, /a/ Buck of the 135th
Chairman

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

HB 1387.

By Representative Parrish of the 144th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the corporate limits of the City of Swainsboro.

The report 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 1390.

By Representatives Royal of the 164th and Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mitchell County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1392.

By Representatives Rogers of the 20th, Stephenson of the 25th, Mills of the 21st and Smith of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, relating to the creation of the City of Gainesville School District, so as to change a provision relating to the limit on the rate of ad valorem taxation for bonded indebtedness.

The report 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.

260

JOURNAL OF THE HOUSE,

HB 1393. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to create the Laraar County Livestock and Agricultural Exposition 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 1407. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A bill to amend an Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, so as to provide for the appointment of an additional 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 1409.

By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and Thomas of the 148th:
A bill to amend an Act providing for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and election of the chief magistrate and full-time magistrate of the Magistrate Court of Chatham County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1410.

By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th, Thomas of the 148th and Day of the 153rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1411.

By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th, Thomas of the 148th and Day of the 153rd:
A bill to provide for the nonpartisan nomination and election of the judges of the Recorder's Court of Chatham County.

FRIDAY, JANUARY 26, 1996

261

The report 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 1428. By Representative McCall of the 90th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor.

The report 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.

SB 488. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dade County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 482. By Senators Thomas of the 10th, Madden of the 47th, Balfour of the 9th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to require health insurers to provide coverage for a minimum of 48 hours of in-patient care following vaginal delivery by cesarean section to a mother and her newly born child; to provide definitions; to provide for post-delivery care for a mother and her newly born child in the home.

SB 495. By Senator Madden of the 47th:
A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to prohibit the holding of adulterated or misbranded drugs, devices, or cosmetics; to change the provisions relating to definitions regarding pharmacists and pharmacies; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provi sions relating to licensing by reciprocity; to change the provisions relating to sanctions of licensed pharmacists and pharmacies.

262

JOURNAL OP THE HOUSE,

SB 499. By Senator Madden of the 47th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures regarding appointment of mem bers of a board to assume the duties of the county election superintendent in certain circumstances; to provide for notice to state party executive com mittees regarding the need to appoint members; to provide time periods for making such appointments; to provide for appointment by the chief judge of the superior court in certain circumstances.
SB 531. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 36-30-7.1 of the Official Code of Georgia Anno tated, relating to inactive municipalities, so as to change the provisions relat ing to the designation of "historical townships" and the establishment of unincorporated town councils.

SB 535. By Senators Taylor of the 12th, Kemp of the 3rd, Johnson of the 2nd and others:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Anno tated, relating to the maintenance and filing of rates, rating plans, rating sys tems, and underwriting rules by insurers, so as to require the Commissioner of Insurance to submit certain information regarding rate filings for personal passenger motor vehicle insurance to the chairperson of the House Commit tee on Insurance and the chairperson of the Senate Committee on Insurance and Labor.

SB 537. By Senators Newbill of the 56th, Gochenour of the 27th, Clay of the 37th and others:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employer contributions and payments in lieu of contributions to the Unemployment Compensation Fund, so as to repeal provisions relating to the State-wide Reserve Ratio; to provide an effective date.

HB 1259.

By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the creation or abolition by ordinance of a grievance and appeals board to hear and determine certain personnel issues and to fix the procedure, rules, and regulations therefor.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 482. By Senators Thomas of the 10th, Madden of the 47th, Balfour of the 9th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to require health insurers to provide coverage for a minimum of 48 hours of in-patient care following vaginal delivery by cesarean section to a mother and her newly born child; to provide definitions; to provide for post-delivery care for a mother and her newly born child in the home.
Referred to the Committee on Insurance.

FRIDAY, JANUARY 26, 1996

263

SB 495. By Senator Madden of the 47th:
A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to prohibit the holding of adulterated or misbranded drugs, devices, or cosmetics; to change the provisions relating to definitions regarding pharmacists and pharmacies; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provi sions relating to licensing by reciprocity; to change the provisions relating to sanctions of licensed pharmacists and pharmacies.
Referred to the Committee on Health & Ecology.

SB 499. By Senator Madden of the 47th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures regarding appointment of mem bers of a board to assume the duties of the county election superintendent in certain circumstances; to provide for notice to state party executive com mittees regarding the need to appoint members; to provide time periods for making such appointments; to provide for appointment by the chief judge of the superior court in certain circumstances.
Referred to the Committee on Governmental Affairs.

SB 531. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 36-30-7.1 of the Official Code of Georgia Anno tated, relating to inactive municipalities, so as to change the provisions relat ing to the designation of "historical townships" and the establishment of unincorporated town councils.
Referred to the Committee on State Planning & Community Affairs.

SB 535. By Senators Taylor of the 12th, Kemp of the 3rd, Johnson of the 2nd and others:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Anno tated, relating to the maintenance and filing of rates, rating plans, rating sys tems, and underwriting rules by insurers, so as to require the Commissioner of Insurance to submit certain information regarding rate filings for personal passenger motor vehicle insurance to the chairperson of the House Commit tee on Insurance and the chairperson of the Senate Committee on Insurance and Labor.
Referred to the Committee on Insurance.

SB 537. By Senators Newbill of the 56th, Gochenour of the 27th, Clay of the 37th and others:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employer contributions and payments in lieu of contributions to the Unemployment Compensation Fund, so as to repeal provisions relating to the State-wide Reserve Ratio; to provide an effective date.
Referred to the Committee on Industrial Relations.

Representative Barnes of the 33rd moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the Senate:

264

JOURNAL OF THE HOUSE,

SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and delete certain definitions; to revise provisions relative to the man agement of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.
On the motion, the roll call was ordered and the vote was as follows:

YAUen Y Anderson NAshe N Bailey N Baker N Bannister NBarfoot E Bargeron N Barnard YBarnes N Bates Y Benefield Y Birdsong Y Bordeaux
Bostick N Breedlove E Brooks, D N Brooks, T N Brown, J Y Brush NBuck N Buckner N Bunn
Burkhalter NByrd N Campbell N Canty N Carter N Chambless Y Channell Y Childers N Coker N Coleman, B
Coleman, T N Connell Y Crawtord

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

NIrvin N James N Jamieson
Jenkins Y Johnson, G Y Johnson, J N Johnston
N Jones Y Joyce YKaye Y Kinnamon
N Klein NLadd YLakly
Lane N 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, J Y Mosley
Mueller Y O'Neal N Orrock
Parham

On the motion, the ayes were 57, nays 98. The motion was lost.

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

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

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

HB 807. By Representatives Godbee of the 145th and Porter of the 143rd:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that the terms "county school system" and "county board of edu cation" shall include any independent school system and the board of educa tion of any independent school system.

The following amendment was read and adopted:

FRIDAY, JANUARY 26, 1996

265

The Committee on Education moves to amend HB 807 by striking lines 15 through 20 on page 1 and inserting in lieu thereof the following:
"Except as may otherwise be specifically provided, as used in this title, the term 'local school system' shall refer to both any county school system and any independent school system which may be in existence in a county. The terms 'local boards of education* and 'county boards of education' shall refer to both any county board of education and the board of education of any independent school system which may be in existence in a county."

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 90, nays 0.
The Chair voted "aye".
On the passage of the Bill, as amended, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1124.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Anno tated, relating to forms of payment of taxes and license fees, so as to autho rize the state revenue commissioner to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1269.

By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as "The Entomology Act of 1937," so as to repeal the definition of the term "insect pests and plant disease"; to provide for a definition of the term "plant pest"; to change all references in said article to such term.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1125. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
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.

266

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

HB 1200.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-6-35 of the Official Code of Georgia Anno tated, relating to certification of fixed assessments of certain intangible per sonal property to tax commissioners or tax receivers, so as to extend the time allowed for taxpayer appeals.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 146. By Representatives Wiles of the 34th, Parsons of the 40th, Grindley of the 35th, Sauder of the 29th, Smith of the 19th and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Anno tated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance; to provide for fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(a) In the event that an instruction permit or a driver's license issued under this chap ter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or destroyed:
(1) Obtain obtain a new permit or license upon furnishing proof satisfactory te the department that such permit er license has been test destroyed, j (2) Obtain a replacement permit or license. A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. A replacement permit or license obtained under this Code sec tion shall be issued only for the remaining period for which the original permit or license

FRIDAY, JANUARY 26, 1996

267

was issued for a fee of $5.00 and no examination or eyesight test shall be required to obtain such replacement permit."
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 Chair voted "aye".
On the passage of the Bill, by substitute, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System 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, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application; to provide for the payment of disability benefits in connection therewith; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, is amended by striking sub section (a) in its entirety and substituting in lieu thereof new subsections (a) and (a.l) to read as follows:
"(a) Any member who is in service or on authorized leave may retire on disability upon written application to the board of trustees if fee the member has at least ten years of creditable service at the time of retirement and if taa the member's application for dis ability retirement is approved by the medical board. The medical board shall approve the application if, after a medical examination of such member by a qualified physician appointed by the board of trustees, it finds that the applicant is mentally or physically incapacitated for further performance of duty involving active membership with the retirement system, that such incapacity is likely to be permanent, and that fee the appli cant should be retired. The effective date of retirement will be the first of the month in which the application is received by the board of trustees, provided that no retire ment application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement.

268

JOURNAL OF THE HOUSE,

(a.l) If the board of trustees determines by clear and convincing evidence presented to the board by or on behalf of the member that the disability itself was the cause of fail ure to file a timely application for disability retirement, the board of trustees is autho rized to calculate the annual benefit provided for in subsection (c) of this Code section as if the member had retired on such effective date of disability retirement increased by any increases in benefits which the member would have received if he or she had retired on that date and adjust the benefits of such retiree as of the first of the month following such determination; provided, however, that the board of trustees is not autho rized to pay retroactive disability benefits. This subsection applies to former members who became disabled at any time prior to July 1 1996, as well as to former members who become disabled on or after July 1^ 1996."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 95, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1208.

By Representatives Carter of the 166th, Bostick of the 165th, Walker of the 141st and Chambless of the 163rd:
A bill to amend Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgement garnishment proceedings, so as to change a procedure for signing and approving an affidavit for issuance of a summons of garnishment.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgment garnishment proceedings, so as to change a procedure for signing and approving an affidavit for issuance of a summons of garnishment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgment garnishment proceedings, is amended by striking in its entirety Code Section 18-4-61, relating to affidavits for issuance of summons of garnishment, and inserting in lieu thereof a new Code section to read as follows:
"18-4-61. The plaintiff, the plaintiffs attorney at law, or the plaintiffs agent shall make, on per sonal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court

FRIDAY, JANUARY 26, 1996

269

which rendered the judgment, and the case number thereof. Upon the filing of the affi davit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affida vit shall first be made and be approved as containing the information required by this Code section in one of the following ways:
(1) The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed; (2) The affidavit may be made before and approved by a judge of the court that ren dered the judgment upon which the garnishment is based; (3) The affidavit may be made before and approved by a judge of any court of record; (4) The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided that the affidavit is then submitted by mail or in person to any judge of a court specified in paragraph (1), (2), or (3) of this Code sec tion and is approved by him; or (5) The affidavit may be made before the clerk or deputy clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk or deputy clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment pro ceedings and the affidavit is made and approved pursuant to such rules. No court rule or practice shall preclude a plaintiff from proceeding pursuant to paragraph (1), (2), (3), or (4) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 283. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to civil practice, so as to provide for nonstenographic deposi tions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the appearance or demeanor of deponents or attorneys.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for nonstenographic depositions in addition to the stenographic record at the election of the party taking the deposition unless the court orders otherwise; to provide that depositions shall be taken before an officer authorized to administer oaths or a court reporter and for retention of the record in a specified form until a specified time; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the appearance or demeanor of deponents or attorneys; to provide for depositions by telephone or other remote elec tronic means in certain circumstances and to provide where such a deposition is taken; to change the provisions relating to signature of the deposition by the deponent; to provide

270

JOURNAL OF THE HOUSE,

for review of the transcript or recording by deponent upon request and for changes; to pro vide for signing by the officer; to provide for the officer's certificate and disposition of the deposition; to provide for the form of presentation; to provide for presentation of certain deposition testimony in nonstenographic form in certain circumstances; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in their entirety subsections (b), (c), (e), and (f) of Code Section 9-11-30, relating to depositions upon oral examination, and inserting in lieu thereof new subsections (b), (c), (e), and (f) and by adding to said Code section a new subsection to be designated subsection (h), so that subsections (b), (c), (e), (f), and (h) read as follows:
"(b) Notice of examination. (1) General requirements. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition the means by which the testimony shall be recorded, and the name and address of each person to be examined, if known, and, if the name is not known, a general description suffi cient to identify him the person to be examined or the particular class or group to which he or she belongs. If a subpoena for the production of documentary and tangi ble evidence is to be served on the person to be examined, the designation of the materials to be produced, as set forth in the subpoena, shall be attached to, or included in, the notice. (2) Special notice. Leave of court is not required for the taking of a deposition by plaintiff if the notice: (A) States that the person to be examined is about to go out of the county where the action is pending and more than 150 miles from the place of trial, or is about to go out of the United States, or is bound on a voyage to sea, and will be unavaila ble for examination unless his the deposition is taken before expiration of the 30 day period; and (B) Sets forth facts to support the statement. The plaintiffs attorney shall sign the notice, and his said attorney's signature consti tutes a certification by him or her that, to the best of his or her knowledge, informa tion, and belief, the statement and supporting facts are true. If a party shows that, when he or she was served with notice under this paragraph, he or she was unable through the exercise of diligence to obtain counsel to represent him or her at the tak ing of the deposition, the deposition may not be used against hi such party. (3) Time requirements. The court may, for cause shown, enlarge or shorten the time for taking the deposition. (4) Recording of deposition. The court may, upon motion, efder- that the testimony at a deposition fee recorded fey other than stenographic means, in which event the order srion designfltc tne monner or recorditit preserving &HQ filing TAG deposition
jflte and trustworthy. If the order is made, a party fttay nevertheless arrange te have a atcnographic transcription fnade at feis ew expense. Unless the court orders other wise, the testimony at a deposition must be recorded by stenographic means, and may also be recorded by sound or sound and visual means in addition to stenographic means, and the party taking the deposition shall bear the costs of the recording. A deposition shall be conducted before an officer appointed or designated under Code Section 9-11-28. Upon motion of a party or upon its own motion, the court may issue an order designating the manner of recording, preserving, and filing of a deposition taken by nonstenographic means, which order may include other provisions to assure that the recorded testimony will be accurate and trustworthy. Any party may arrange for a transcription to be made from the recording of a deposition taken by nonstenographic means. With prior notice to the deponent and other parties, any party may designate another method to record the deponent's testimony in addition

FRIDAY, JANUARY 26, 1996

271

to the methods specified by the person taking the deposition. The additional record or transcript shall be made at that party's expense unless the court otherwise orders. The appearance or demeanor of deponents or attorneys shall not be distorted through camera or sound-recording techniques. Notwithstanding the foregoing provisions of this paragraph, a deposition may be taken by telephone or other remote electronic means only upon the stipulation of the parties or by order of the court. For purposes of the requirements of this chapter, a deposition taken by telephone or other remote electronic means is taken in the state and at the place where the deponent is to answer questions. (5) Production of documents and things. The notice to a party deponent may be accompanied by a request made in compliance with Code Section 9-11-34 for the pro duction of documents and tangible things at the taking of the deposition. The proce dure of Code Section 9-11-34 shall apply to the request.
(6) Deposition of organization. A party may, in his or her notice, name as the depo nent a public or private corporation or a partnership or association or a governmental agency and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he or she will testify. The persons so designated shall testify as to matters known or reasonably available to the organization. This paragraph does not preclude taking a deposition by any other pro cedure authorized in this chapter.
(c) Examination and cross-examination; record of examination; oath; objections.
(1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the rules of evidence. The authorized officer or court reporter before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the direction and in the presence of the authorized officer or court reporter, record the testimony of the witnessi The testimony shall be taken 9 tcno^jFopnicfliiy or recordGd oy &ny otner meflns ordered m ftccordQncc witn p&ro.-

the testimony shall be transcribed. (2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence pre sented, or to the conduct of any party, and any other objection to the proceedings shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition, and he said party shall transmit them to the officer, who shall propound them to the wit ness and record the answers verbatim. (3) Unless otherwise ordered by the court or agreed by the parties, the officer shall retain the record of each deposition until the later of (A) five years after the date on which the deposition was taken, or (B) two years after the date of final disposition of the action for which the deposition was taken and any appeals of such action. The officer may preserve the record through storage of the original paper, notes, or record ings or an electronic copy of the notes, recordings, or the transcript on computer disks, cassettes, backup tape systems, optical or laser disk systems, or other retrieval sys tems."
"(e) Submission te Review by witness; changes; signing. When the testimony is fully transcribed, th deposition shall be submitted te the witness fer examination and shatt oc re&d to of uy nim unless cfte exQminstion flnd residing ftre wftived oy tnc witness emu by the parties. Any changes is fen er substance which the witness desires te make shall De entered upon tne deposition uy tnc oiiiccr witn d sidlemcnt of tne pe&sons ivcn Dy tne witness IOF mdKing tneiRr 1 tie deposition snciii tnen DG signed Dy tnc witness unless tnc porttes oy stipul&tion wciive tne signing of tne witness i& ttr of csnnot DC tound of refuses te sign. If requested by the deponent or a party before completion of the deposi tion, the deponent shall have 30 days after being notified by the officer that the tran script or recording is available in which to review the transcript or recording and, if

272

JOURNAL OF THE HOUSE,

there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by paragraph (1) of subsection (f) of this Code section whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed. If the deposition is not reviewed and signed by the witness within 30 days of its submission to him or her, the officer shall sign it and state on the record
te sign, together with the reason, tf any; given therefor; and that the deposition was not reviewed and signed by the deponent within 30 days, the The deposition may then be used as fully as though signed unless, on a motion to suppress under paragraph (4) of subsection (d) of Code Section 9-11-32, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part, (f) Certification and filing by officer; inspection and copying of exhibits; copy of deposi tion.
(1)(A) The officer shall certify en the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the
shall be in writing and accompany the record of the deposition. The officer shall then securely seal the deposition in an envelope marked with the title of the action, the court reporter certification number, and 'Deposition of (here insert name of wit ness)' and shall promptly file it with the court in which the action is pending or send it fey registered er certified mail te the clerk thereof for filing deliver it to the party taking the deposition, as the case may be, in accordance with Code Section 9-11-29.1. (B) Documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition and may be inspected and copied by any party, except that the person producing the materials may substitute copies to be marked for identification, if he or she affords to all parties fair opportunity to verify the copies by comparison with the originals; and, if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case. (2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent." "(h) Form of presentation. Except as otherwise directed by the court, a party offering deposition testimony may offer it in stenographic or nonstenographic form, but if in nonstenographic form, the party shall also provide the court with a transcript of the por tions so offered. On request of any party in a case tried before a jury, deposition testi mony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise."
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 1194. By Representatives Powell of the 23rd and Harbin of the 113th:
A bill to amend Code Section 33-23-18, relating to licensing of insurance agents, counselors, and adjusters, so as to provide an exemption from contin uing education requirements for persons over the age of 65.

FRIDAY, JANUARY 26, 1996

273

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of insurance agents, subagents, counselors, and adjusters, so as to exempt certain persons from certificate of authority maintenance requirements; to exempt certain persons from continuing education requirements; to provide for rules and regula tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of insurance agents, subagents, counselors, and adjusters, is amended by redesignating subsection (g) of Code Section 33-23-4, relating to license requirements and restrictions on payment or receipt of commissions, as subsection (h) and by inserting after subsection (f) a new subsection (g) to read as follows:
"(g) Any person who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from the requirement to maintain at least one certificate of authority; pro vided, however, that if such person wishes to again perform any of the other functions specified in said paragraph, such person must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for certificate of authority."
SECTION 2. Said article is further amended by striking subsection (e) of Code Section 33-23-18, relat ing to issuance of license on continuous basis, filing for continuation, and continuing edu cation requirements, and inserting in its place a new subsection (e) to read as follows:
"(e) Any person who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from continuing education requirements; provided, however, that if such per son wishes to again perform any of the other functions specified in said paragraph, such person must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section."
SECTION 3. Said article is further amended by striking Code Section 33-23-44, relating to the authority of the Commissioner of Insurance, and inserting in its place a new Code Section 33-23-44 to read as follows:
"33-23-44.
(a) The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the kinds of insurance to be effected by them if licensed; (2) The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations; (3) Classification and scope of authority of any license authorized under this chapter; and (4) Any other purpose required or necessary for the implementation or enforcement of this chapter.
(b) The Commissioner shall establish by rule or regulation a license for persons exempted under Code Section 33-23-18 that is distinct from other agent licenses."

274

JOURNAL OF THE HOUSE,

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, 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 substi tute.

HB 1253.

By Representative Powell of the 23rd:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to repeal provisions relating to additional title fees for vehicles previously titled in other states.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1226. By Representative Skipper of the 137th:
A bill to amend Code Section 48-4-76 of the Official Code of Georgia Anno tated, relating to judicial in rem tax foreclosures, so as to authorize the utili zation of such foreclosure provisions with respect to delinquent municipal ad valorem taxes through the adoption of a municipal ordinance or resolution.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-4-76 of the Official Code of Georgia Annotated, relating to judicial in rem tax foreclosures, so as to authorize the utilization of such foreclosure provi sions with respect to delinquent municipal ad valorem taxes through the adoption of a municipal ordinance or resolution; 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 48-4-76 of the Official Code of Georgia Annotated, relating to judicial in rem tax foreclosures, is amended by striking subsection (a) and inserting in its place a new sub section (a) to read as follows:
"(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 with respect to delinquent county taxes or by enactment of an ordinance or reso lution of the governing authority of the municipality in which the property is located with respect to delinquent municipal taxes. Any such ordinance or resolution may set forth criteria for selection of properties to be subject to the provisions of this article."

FRIDAY, JANUARY 26, 1996

275

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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1228.

By Representatives Manner of the 159th, Carter of the 166th, Shaw of the 176th and Coleman of the 142nd:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flotation devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad.

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

HB 1268.

By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Anno tated, relating to general provisions relating to physically disabled persons, so as to provide criminal and civil penalties for action related to guide, leader, or service dogs for persons who are blind, deaf, audibly impaired, or physi cally limited.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 907. By Representative Crawford of the 129th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to provide for the crime of misrepresenting the origin of timber.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to for gery and fraudulent practices, so as to provide for the crime of misrepresenting the origin

276

JOURNAL OF THE HOUSE,

or ownership of timber or agricultural commodities; to provide penalties; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by inserting a new Code section to be designated Code Section 16-9-61, to read as follows:
"16-9-61. (a) A person commits the crime of misrepresenting the origin or ownership of timber or agricultural commodities when, in the course of a sale, attempted sale, delivery, or other completed or attempted transaction regarding timber or agricultural commodities, he or she knowingly, willfully, and with criminal intent to defraud makes a false statement or knowingly and willfully causes a false statement to be made with regard to any specific ownership of the timber or agricultural commodities or with regard to the location or ownership of the land where the timber was cut or the agricultural commodities were harvested. (b) Misrepresenting the origin of timber or agricultural commodities shall be punished, upon conviction, as for a misdemeanor; except that if the property which was the subject of the misrepresentation exceeded $500.00 in value, it shall be a felony offense punish able upon conviction by a sentence of imprisonment of not less than one year and not exceeding five years."
SECTION 2. This Act shall apply to conduct occurring on or after July 1, 1996.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Crawford of the 129th and Martin of the 47th move to amend the Com mittee substitute to HB 907 by striking line 21 on page 1 and inserting in lieu thereof the following:
"false statement or knowingly, willingly, and with criminal intent to defraud causes a false".

Representatives Crawford of the 129th, Barnard of the 154th and Martin of the 47th move to amend the Committee substitute to HB 907 by striking lines 29 through 31 on page 1 and inserting in lieu thereof the following:
"misdemeanor; provided, however, that a third and each subsequent offense within a five-year period shall be a felony offense punishable upon".

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 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

FRIDAY, JANUARY 26, 1996

277

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

HR 813. By Representative Birdsong of the 123rd:
A resolution commending the 1995 Twiggs Academy, Inc., Lady Trojans Varsity Softball Team and inviting the team to appear before the House of Representatives.

HR 814. By Representatives Lee of the 94th, Murphy of the 18th, Walker of the 141st and Stanley of the 50th:
A resolution commending and congratulating Ted Turner, Bobby Cox, John Schuerholz, and the Atlanta Braves baseball team and inviting them to appear before the House of Representatives and for other purposes.

HR 820. By Representative Whitaker of the 7th:
A resolution designating February 1, 1996 as "Apple Day at the Capitol" and inviting representatives from the Ellijay Apple Marketing Association to appear before the House or Representatives.

HR 824. By Representatives Shaw of the 176th, Golden of the 177th, Reaves of the 178th and Carter of the 166th:
A resolution commending the 1995 Valdosta State University baseball team and inviting the team and its coach to appear before the House of Represen tatives.

HR 828. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th, Holland of the 157th and Epps of the 131st:
A resolution commending Coach Dan Magill and inviting him to appear before the House of Representatives.

HR 829. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th, Holland of the 157th and Epps of the 131st:
A resolution honoring Robin Fech and inviting her to appear before the House of Representatives.

HR 830. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A resolution commending the Houston County High School Lady Bears softball team and inviting the team and its coaches to appear before the House of Representatives.

HR 831. By Representatives Howard of the 118th, Alien of the 117th, Williams of the 114th, Anderson of the 116th, DeLoach of the 119th and others:
A resolution commending and congratulating the T. W. Josey High School football team and inviting the members and coaches to appear before the House of Representatives at a time to be designated by the Speaker of the House.

278

JOURNAL OF THE HOUSE,

HR 848. By Representatives Mueller of the 152nd, Dixon of the 150th, Thomas of the 148th, Day of the 153rd and Irvin of the 45th:
A resolution commending the Honorable Jack Kingston of the United States House of Representatives and inviting him to appear before the Georgia House of Representatives on January 26, 1996.

HR 875. By Representative Jenkins of the 110th:
A resolution honoring Coach Dan Pitts and inviting him to appear before the House of Representatives.

HR 877. By Representatives Royal of the 164th and Hudson of the 156th:
A resolution commending Honorable Cathy Cox and inviting her to appear before the House of Representatives.

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

HB 1454.

By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Goodwin of the 79th, Barnes of the 33rd and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions.

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

HR 879. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Hudson of the 156th and Royal of the 164th:
A resolution recognizing and commending the Georgia Farm Bureau Federa tion and inviting its president to appear before the House of Representatives.

HR 880. By Representatives Crawford of the 129th and Culbreth of the 132nd:
A resolution commending Ms. Rachel Kathleen English and inviting her to appear before the House of Representatives.

HR 881. By Representative McKinney of the 51st:
A resolution declaring Job Corps Day and inviting Ms. Edwina Dixon to appear before the House of Representatives.

HR 882. By Representatives Buckner of the 95th, Royal of the 164th, Barnes of the 33rd, Sinkfield of the 57th, Bostick of the 165th and others:
A resolution commending Twenty-Five for the Twenty-First Century; invit ing them to appear before the House of Representatives at a time to be des ignated by the Speaker of the House of Representatives.

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

FRIDAY, JANUARY 26, 1996

279

HR 750. By Representatives Watson of the 139th, Epps of the 131st, Hugley of the 133rd and Lee of the 94th:
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 ayes were 103, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1175.

By Representative Murphy of the 18th:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Anno tated, relating to maintenance, filing, and effectiveness of insurers' rates, rat ing plans, rating systems, and underwriting rules, so as to establish certain limitations with respect to loss reserves of workers' compensation insurers.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to reg ulation of insurance rates and underwriting, so as to establish certain limitations with respect to loss reserves of workers' compensation insurers; to provide that such insurers may not maintain any excess loss reserve for a claim or potential claim for longer than a specified period of time after the amount of liability for such claim or potential claim has been established; to prohibit the maintenance of excess case reserves for experience rating purposes; to require timely reporting of case reserve reductions; to provide for enforcement through examinations, required disclosures, and other appropriate procedures; 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 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates and underwriting, is amended by striking subsection (a) of Code Section 33-9-21, relating to maintenance, filing, and effectiveness of insurers' rates, rating plans, rating systems, and underwriting rules, and inserting in its place a new subsection to read as follows:
"(a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and pol icy or bond forms of such organization; provided, however, the Commissioner, when he or she deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) May require any domestic, foreign, and alien insurer to file the required rates, rat ing plans, rating systems, underwriting rules, and policy or bond forms used indepen dent of any filing made on its behalf or as a member of a licensed rating organization, as fee the Commissioner shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and

280

JOURNAL OF THE HOUSE,

(2) Shall require, not later than July 30, 1990, each domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensation insurance coverage written in this state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and infor mation used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Com missioner. In establishing and maintaining loss reserves, no workers' compensation insurer shall be allowed to maintain any excess loss reserve for any claim or potential claim for more than 90 days after the amount of liability for such claim or potential claim has been established, whether by final judgment, by settlement agreement, or otherwise. This limitation on the maintenance of loss reserves shall be enforced through this Code section, as well as through Code Section 33-9-23, relating to exami nation of insurers, Code Section 34-9-135, relating to required disclosure of costs by workers' compensation insurers, and any other appropriate enforcement procedures. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. A rate filing required by this para graph shall be updated by the insurer at least once every two years, the initial twoyear period to be calculated from July 30, 1990rj and (3) As used in paragraph (2) of this subsection, the term 'excess loss reserve' means any reserve amount in excess of the reserve required by law."
SECTION 2. Said chapter is further amended by striking Code Section 33-9-40.1, relating to prohibited practices with respect to workers' compensation experience rating, and inserting in its place a new Code section to read as follows:
"33-9-40.1.
(a) An insurer shall not assign an adverse experience modification factor which is appli cable to the rate of a workers' compensation insurance policy issued to a particular busi ness entity to the rate of a workers' compensation policy issued to another business entity maintaining a separate payroll for federal and state tax purposes and engaging in a distinctly different business enterprise for the sole reason that the majority interest in both business entities is held by the same person. (b) For experience rating purposes no workers&apos; compensation insurer shall main tain any case reserve for any claim in excess of the amount established by final judg ment, by settlement, or otherwise. All reductions in case reserves shall be made and reported to the appropriate rating organization within 90 days. Any further adjustments upward in the case reserve may only be made due to additional paid claims or a case reserve established on a claim which was previously closed but reopened due to a claim ant's request for additional benefits. This limitation on the maintenance of reserves shall be enforced through this Code section, as well as through Code Section 33-9-21, relating to rate filings, Code Section 33-9-23, relating to examination of insurers, Code Section 34-9-135, relating to required disclosure of costs by workers' compensation insurers, and any other appropriate enforcement procedures."
SECTION 3. This Act shall become effective on January 1, 1997.
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.

FRIDAY, JANUARY 26, 1996

281

On the passage of the Bill, by substitute, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1183.

By Representatives Ladd of the 59th, Crawford of the 129th, Williams of the 114th and Henson of the 65th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Anno tated, relating to health maintenance organizations, so as to prohibit such organizations and health care networks from requiring employees or members thereof to agree not to provide certain information; to provide that certain contract provisions are void.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to prohibit such organizations and health care net works from sanctioning certain health care providers for certain discussions or advocacy; to provide that certain contract provisions are void; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health main tenance organizations, is amended by adding immediately following Code Section 33-21-26 a new Code section to read as follows:
"33-21-26.1. (a) As used in this Code section, the term 'health care network' means any contractual or other arrangement between one or more providers to provide health care services. (b) No health maintenance organization or health care network may terminate an employment or other contractual relationship with or otherwise penalize a provider for advocating for medically appropriate care for his or her patient or for discussing health care services available outside of such organization or network. (c) Those provisions of any agreement or contract executed on or after July 1, 1996, which are in violation of this Code section shall be void."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Retirement and referred to the Committee on Insurance:

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

282

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 889. By Representative Jamieson of the 22nd: A resolution commending Freddie Williams.

HR 890. By Representatives Johnson of the 97th, Benefield of the 96th, Lee of the 94th, Buckner of the 95th and Bailey of the 93rd:
A resolution recognizing and commending Debbie Brownlee.

HR 891. By Representative Carter of the 166th:
A resolution commending Wayne Pearson, Berrien County Chamber of Com merce Volunteer of the Year.

HR 892. By Representative Bannister of the 77th: A resolution commending the Parkview High School Panther football team.

HR 893. By Representative Crawford of the 129th: A resolution commending Charles E. Kersey.

HR 894. By Representatives Twiggs of the 8th, Coleman of the 142nd, Mobley of the 86th, Perry of the llth and Golden of the 177th:
A resolution commending the firefighters of Georgia and observing the 24th annual Firefighters' Recognition Day.

HR 895. By Representatives Hanner of the 159th, Chambless of the 163rd, Royal of the 164th, Greene of the 158th and Holland of the 157th:
A resolution expressing regret at the passing of Honorable Lewell Killer Mainer.

HR 896. By Representative Mobley of the 86th: A resolution commending Mr. Bobby Reynolds.

HR 897. By Representative Coleman of the 80th: A resolution congratulating and commending Peachtree Elementary School.

HR 898. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th, Mueller of the 152nd, Day of the 153rd and others:
A resolution commending the Honorable Floyd Adams, Jr.

HR 899. By Representatives Taylor of the 134th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Smyre of the 136th and others:
A resolution in memory of Percy Edward Griffin, Jr.

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

FRIDAY, JANUARY 26, 1996

283

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 213 Do Pass, by Substitute HB 586 Do Pass, by Substitute
Respectfully submitted, Is/ Cummings of the 27th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, January 29, 1996 and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, Jan uary 29, 1996.

284

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 29, 1996

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:

Anderson Ashe Bannister Barfoot Bargeron Barnard Barnes Bates Benefield
Birdsong Bostick Breedlove
Brooks, D Brooks, T
Brown, J
Brush
Buck
Buckner Bunn Byrd Campbell Canty Carter Chambless Channell
Childers Coker Coleman, B Connell

Crawford
Crews Culbreth Cummings Davis, G Davis, M Day OeLoach, B DeLoach, G Out Dixon, H Dobbs Ehrhart Epps Evans Felton Floyd
Godbee Good win Greene Harbin Harris Heard
Heckstall Hembree Henson Holland Howard Hudson

Hugley James Jenkins Johnson, G Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis
Lifsey
Lord
Maddox
Mann
Martin
McBee
McCall
Mills
Mobley, J Mosley
Mueller
O'Neal

Par ham Parrish Parsons Perry Pinholster Poston Powell Purcell, B Randolph Reaves Reichert Roberts Royal Sanders Sauder Shanahan
Shaw
Sherrill
Shipp
Simpson
Sinkfield
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V

Smith, W Snelling Stallings Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat
Taylor Teper
Tillman Titus Trense Twiggs Walker, L
Walker, R.L
Wall
Watson
Watts Westmoreland
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 Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Rogers of the 20th, Thomas of the 148th, Burkhalter of the 41st, McKinney of the 51st, Smyre of the 136th, Williams of the 83rd, Hegstrom of the 66th, Scoggins of the 24th, Purcell of the 147th, Falls of the 125th, Turnquest of the 73rd, Yates of the 106th, Grindley of the 35th, Manner of the 159th, Ray of the 128th, Jamieson of the 22nd, Alien of the 117th, Jones of the 71st, Bailey of the 93rd, Teague of the 58th, Dixon of the 150th, Lucas of the 124th, Porter of the 143rd, Irvin of the 45th, Coleman of the 142nd, McClinton of the 68th and Snow of the 2nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Ricky Hurst, Pastor, Riverside Baptist Church, Rome, Georgia.

The members pledged allegiance to the flag.

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

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

MONDAY, JANUARY 29, 1996

285

The Journal was confirmed.

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

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

HB 1476. By Representatives Irvin of the 45th, Crews of the 78th, Maddox of the 108th, Smith of the 19th, Johnson of the 97th and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to require certain recipients of assistance to be enrolled in school or certain educational programs unless they are employed.
Referred to the Committee on Children and Youth.

HB 1478. By Representatives Buckner of the 95th, Smith of the 169th and Byrd of the 170th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal offenses against public health and morals, so as to state legislative findings and determinations; to define terms; to provide cer tain limitations with respect to the operation of massage parlors and adult entertainment businesses on certain premises.
Referred to the Committee on Special Judiciary.

HB 1479. By Representative Randall of the 127th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to change the provisions relating to surrender of principal by surety and forfeiture of bond; to provide conditions under which a surety shall be released of liability on a bond.
Referred to the Committee on Special Judiciary.

HB 1480. By Representatives Bates of the 179th, Golden of the 177th and Titus of the 180th:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, relating to cardiopulmonary resuscitation, so as to revise a definition; to provide that a grandparent is a person authorized to consent to an order not to resuscitate an adult; to provide that a grandparent is a person autho rized to consent to an order not to resuscitate a child under certain circum stances.
Referred to the Committee on Health & Ecology.

286

JOURNAL OF THE HOUSE,

HB 1481. By Representatives Buckner of the 95th, Day of the 153rd and Randolph of the 72nd:
A bill to amend Code Section 50-2-28 of the Official Code of Georgia Anno tated, relating to the designation of Capitol Square and state control and jurisdiction over its buildings and grounds, so as to provide for the Georgia Building Authority to restrict access to public streets adjacent to the state capitol grounds.
Referred to the Committee on State Institutions & Property.

HB 1482. By Representatives James of the 140th, Tillman of the 173rd and Roberts of the 162nd:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions relative to motor vehicles, so as to pro vide that any person owning or operating an impoundment lot shall maintain liability insurance; to define a certain term; to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to the removal of improp erly parked cars or trespassing personal property, so as to provide that any person owning or operating an impoundment lot shall maintain liability insurance.
Referred to the Committee on Motor Vehicles.

HB 1483. By Representative Twiggs of the 8th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to provide that the mayor shall serve a term of four years.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1484. By Representatives Twiggs of the 8th, Coleman of the 142nd, Mobley of the 86th and Perry of the llth:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the unauthorized use of any municipal, county, or volunteer fire department's nomenclature or symbols.
Referred to the Committee on Public Safety.

HB 1485. By Representatives Davis of the 60th, Hanner of the 159th, Reaves of the 178th, Mueller of the 152nd, Mann of the 5th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official folk dance of the State of Georgia.
Referred to the Committee on State Planning & Community Affairs.

HB 1486. By Representatives Channell of the lllth, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain amounts payable for redemption.
Referred to the Committee on Ways & Means.

MONDAY, JANUARY 29, 1996

287

HB 1487. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to pro vide authorization with certain conditions for certain counties and municipal ities to levy such tax.
Referred to the Committee on Ways & Means.

HB 1488. By Representative Jamieson of the 22nd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use tax, so as to provide for con ditions or limitations with respect to the sale of certain types of agricultural machinery.
Referred to the Committee on Ways & Means.

HB 1489. By Representatives Greene of the 158th and Jenkins of the 110th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for probate courts, and Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrates, so as to change the amount of and provisions relating to the compensation for a probate court judge serving as chief magis trate or magistrate.
Referred to the Committee on Judiciary.

HB 1490. By Representatives Howard of the 118th and Anderson of the 116th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts from fam ily violence, so as to authorize judicial orders directing a party to comply with procedures for monitoring or reporting a party's location by electronic or other methods.
Referred to the Committee on Judiciary.

HB 1491. By Representatives Howard of the 118th and Anderson of the 116th:
A bill to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to provide that persons convicted of kidnapping shall not be eligible for parole.
Referred to the Committee on Special Judiciary.

HB 1492. By Representative Byrd of the 170th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions governing labor and industrial relations, so as to change certain definitions.
Referred to the Committee on Industrial Relations.

288

JOURNAL OF THE HOUSE,

HB 1493. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
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.
Referred to the Committee on Industry.

HB 1494. By Representative Byrd of the 170th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to create a merit rating plan for certain workers' compensa tion claims.
Referred to the Committee on Industrial Relations.

HB 1495. By Representatives Walker of the 87th and Bordeaux of the 151st:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institu tions, so as to require any facility which is licensed as a nursing home or intermediate care home to post staffing plans.
Referred to the Committee on Health & Ecology.

HB 1496. By Representatives Snow of the 2nd, Coker of the 31st and Parrish of the 144th:
A bill to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, so as to change the provisions relating to definitions.
Referred to the Committee on Health & Ecology.

HB 1497. By Representatives Channell of the lllth, Royal of the 164th, Jamieson of the 22nd and Connell of the 115th:
A bill to amend Code Section 50-8-35 of the Official Code of Georgia Anno tated, relating to general powers of regional development centers, so as to provide that centers and nonprofit corporations established or controlled by centers may enter certain contracts formerly prohibited if deemed necessary, desirable, or appropriate by the commissioner of the Department of Commu nity Affairs.
Referred to the Committee on State Planning & Community Affairs.

HB 1498. By Representative Stephenson of the 25th:
A bill to amend Code Section 43-34-3 of the Official Code of Georgia Anno tated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to pro vide that such Code section shall not apply to respiratory care professionals.
Referred to the Committee on Health & Ecology.

MONDAY, JANUARY 29, 1996

289

HB 1499. By Representative Stancil of the 91st:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for timely notice of failure to pay subcontractors, laborers, and materialmen as a condition for enforcement of mechanics' and materialmen's liens against owners of single family dwellings.
Referred to the Committee on Industry.

HB 1500. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1501. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, so as to change certain definitions; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances.
Referred to the Committee on Ways & Means.

HR 883. By Representatives Rogers of the 20th, Smith of the 19th and Mills of the 21st:
A resolution designating the John E. Quillian Highway.
Referred to the Committee on Transportation.

HR 884. By Representative Davis of the 60th: A resolution compensating Ms. Margaret C. Ritchie.
Referred to the Committee on Appropriations.

HR 885. By Representative Mosley of the 171st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Long County.
Referred to the Committee on State Institutions & Property.

HR 886. By Representative Twiggs of the 8th: A resolution compensating Mr. Gerry A. Mikesell.
Referred to the Committee on Appropriations.

HR 887. By Representatives Royal of the 164th and Greene of the 158th: A resolution compensating Sharon L. Nobles.
Referred to the Committee on Appropriations.

290

JOURNAL OF THE HOUSE,

HR 888. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution recognizing the contributions of the engineering profession in Georgia and declaring February 6, 1996, as "Engineers Day" in Georgia.
Referred to the Committee on Industry.

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

HB 1137 HB 1460 HB 1461 HB 1462 HB 1463
HHiRJ i12465 HB 1466 HB 1467
HB 1468
HB 1469
HB 1470
HB 1471

HB 1472 HB 1474 HB 1475 HB 1477 HR 876
HonR 8.,,7,,8 7: SB 495
SB 499
SB 531
SB 535
SB 537

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 1450 Do Pass
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 1450.

By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to amend an Act creating the Cherokee County Parks and Recreation Authority, so as to change certain provisions regarding the selection of the secretary and treasurer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

MONDAY, JANUARY 29, 1996

291

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

SB 589. By Senator Middleton of the 50th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use regulations for unin corporated areas of the county; to determine whether animal control regula tions should be established and an animal control department created; to provide for legislative findings and declaration.

SB 16. By Senators Newbill of the 56th and Tanksley of the 32nd:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain defini tions; to provide for definitions; to change certain provisions relating to qual ifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to provide for chauffeurs' permits.

SB 545. By Senators Slotin of the 39th, Oliver of the 42nd and James of the 35th:
A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to change a defi nition; to change provisions relating to the dissolution of a land bank author ity; to change provisions relating to the board of the authority; to change provisions relating to the administration of properties; to change provisions relating to the acquisition and disposal of property.

SB 547. By Senator Middleton of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the term of court for Dawson County.

SB 567. By Senators Starr of the 44th, Cheeks of the 23rd and Ray of the 19th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to revise and change certain provisions regarding multiyear lease, purchase, or lease purchase contracts; to provide for additional condi tions, limitations, restrictions, and related matters.

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

HR 728. By Representatives Royal of the 164th, Buck of the 135th, Coleman of the 142nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes.

The Senate has agreed to the House substitute to the following bill of the Senate:

292

JOURNAL OF THE HOUSE,

SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Clay of the 37th, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and delete certain definitions; to revise provisions relative to the man agement of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 519. By Senators Crotts of the 17th, Balfour of the 9th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 16. By Senators Newbill of the 56th and Tanksley of the 32nd:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain defini tions; to provide for definitions; to change certain provisions relating to qual ifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to provide for chauffeurs' permits.
Referred to the Committee on Industry.
SB 519. By Senators Crotts of the 17th, Balfour of the 9th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.
Referred to the Committee on State Planning & Community Affairs.
SB 545. By Senators Slotin of the 39th, Oliver of the 42nd and James of the 35th:
A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to change a defi nition; to change provisions relating to the dissolution of a land bank author ity; to change provisions relating to the board of the authority; to change provisions relating to the administration of properties; to change provisions relating to the acquisition and disposal of property.
Referred to the Committee on Banks & Banking.
SB 547. By Senator Middleton of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the term of court for Dawson County.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 29, 1996

293

SB 567. By Senators Starr of the 44th, Cheeks of the 23rd and Ray of the 19th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to revise and change certain provisions regarding multiyear lease, purchase, or lease purchase contracts; to provide for additional condi tions, limitations, restrictions, and related matters.
Referred to the Committee on Judiciary.
SB 589. By Senator Middleton of the 50th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use regulations for unin corporated areas of the county; to determine whether animal control regula tions should be established and an animal control department created; to provide for legislative findings and declaration.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Turnquest of the 73rd arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 1168.

By Representatives Barnard of the 154th, Greene of the 158th, Bostick of the 165th, Dobbs of the 92nd, Perry of the llth and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is committed by proscribed conduct in jails and penal and correctional institu tions.

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

Y Alien Y Anderson
Ashe Bailey Baker Y Bannister YBarfoot E Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter

YByrd Y Campbell Y Canty Y Carter Y Chambless
Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Y Dixon, S
Dobbs

Ehrhart YEpps Y Evans
Falls Y Felton
Floyd Y Godbee E Golden Y Goodwin Y Greene
Grindley Y Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin

Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall

294

JOURNAL OF THE HOUSE,

Y Randolph Y Ray Y Reaves YReichert Y Roberts Y Rogers Y Royal Y Sanders
Sauder YScoggins Y Shanahan Y Shaw

Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

Y Smyre Y Snelling
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
Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson

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

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Sauder of the 29th and Grindley of the 35th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

HB 1211.

By Representatives Ray of the 128th, Murphy of the 18th, Purcell of the 147th, Godbee of the 145th, Childers of the 13th and others:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that voluntary pre-kindergarten programs in this state shall provide for toilet facilities which are enclosed and screened for privacy.

Representative Taylor of the 134th moved that HB 1211 be recommitted to the Com mittee on Children and Youth.

Representative Ray of the 128th moved the previous question.

Representative White of the 161st moved that HB 1211 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe N Bailey
Baker
N Bannister N Barfoot E Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong
Bordeaux N Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush N Buck N Buckner N Bunn N Burkhalter N Byrd N Campbell Y Canty N Carter
Chambless

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

N Grindley N Banner N Harbin N Harris Y Heard
Y Heckstall Y Hegstrom N Hembree
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 Y Jones N Joyce N Kaye N Kinnamon N Klein N Ladd N Lakly N Lane

N Lawrence N Lee N Lewis N Lifsey N Lord
Lucas N Maddox N Mann Y Martin Y McBee
McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J N Mosley
Mueller N O'Neal Y Orrock N Parham N Parrish N Parsons E Pelote N Perry N Pinholster Y Polak N Porter N Poston

N Powell N Purcell, A N Purcell, B E Randall N Randolph
N Ray N Reaves Y Reichert Y Roberts Y Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan N Shaw N Sherrill N Shipp N Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P
Smith, T N Smith, V N Smith, W
Smyre

MONDAY, JANUARY 29, 1996

295

N Snelling YSnow NStallings Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P

N Stephenson N Streat Y Taylor
Teague NTeper Y Thomas Y Tillman

N Titus N Towery NTrense
Turnquest NTwiggs N Walker, L
N Walker, R.L

N Wall N Watson N Watte 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 34, nays 123. The motion was lost.

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.

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

Y Alien
Y Anderson Y Ashe Y Bailey N Baker Y Bannister YBarfoot E Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck 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 Y Connell Y Crawford

Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Diion, H Y Diion, S YDobbs YEhrhart
Epps Y Evans Y Falls Y Felton Y Floyd YGodbee E Golden YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris N Heard Y Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes Y Howard Y Hudson N Hugley

Ylrvin N James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox
Mann N Martin YMcBee YMcCall N McClinton N McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal N Orrock YParham

On the motion, the ayes were 139, nays 25. The motion prevailed.

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster
YPolak Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B ERandall Y Randolph
YRay Y Reaves Y Reichert N Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
YShipp 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

NSmyre Y Snelling YSnow Y Sellings Y Stancil, F Y Stancil, S N Stanley, L
Stanley, P Y Stephenson Y Streat N Taylor
Teague Y Teper N Thomas N Tillman
Titus Y Towery Y Trense
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

The following amendment was read:

Representative Bostick of the 165th moves to amend HB 1211 as follows:
By striking "Section (b) on page 1 and inserting (b) Each public or private voluntary pre-kindergarten program shall provide separate toilet facilities for boys and girls".

296

JOURNAL OF THE HOUSE,

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

Y Alien Y Anderson
YAshe N Bailey Y Baker N Bannister N Barfoot E Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong
Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush NBuck
Buckner N Bunn N Burkhalter
NByrd N Campbell
Y Canty Y Carter N Chambless N Channell
Childers N Coker
N Coleman, B N Coleman, T Y Connell 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 N Dixon, S N Dobbs NEhrhart YEpps N Evans N Falls Y Felton N Floyd N Godbee E Golden N Goodwin Y Greene N Grindley N Hanner N Harbin N Harris Y Heard N Heckstall Y Hegstrom N Hembree Y Henson N Holland Y Holmes
Howard Y Hudson Y Hugley

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

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

On the adoption of the amendment, the ayes were 38, nays 126. The amendment was lost.

YSmyre N Snelling N Snow N Stallings N Stancil, F N Stancil, S Y Stanley, L
Stanley, P N Stephenson N Streat Y Taylor
Teague N Teper
Thomas Y Tillman N Titus
Towery N Trense
Turnquest N Twiggs N Walker, L N Walker, R.L Y 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

The following amendment was read and adopted:

Representative Stephenson of the 25th moves to amend HB 1211 as follows: Line 5, strike enclosed and Line 24, strike enclosed.

The following amendment was read:

Representative Buckner of the 95th moves to amend HB 1211 as follows:
Line 25 shall read:
Privacy, exempting those facilities that offer separate facilities for males & females or separate times for males and females to use the same facilities while being supervised.

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

Y Alien Y Andereon
YAshe N Bailey
Baker

N Bannister N Barfoot E Bargeron N Barnard N Barnes

Y Bates Y Benefield
N Birdsong Bordeaux Bostick

Y Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush

NBuck Y Buckner YBunn N Burkhalter NByrd

MONDAY, JANUARY 29, 1996

297

N Campbell
Y Canty Y Carter N Chambless Y Channell N Childers N Coker N Coleman, B
Coleman, T Y Connell
N Crawford N Crews N Culbreth
N Cummings Y Davis, G N Davis, M
Day N DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart YEpps N Evans N Falls Y Felton N Floyd N Godbee E Golden

N Goodwin Y Greene N Grindley Y Banner N Harbin N Harris
Y Heard Y Heckstall Y Hegstrom N Hembree
Y Henson N Holland
Y Holmes Y Howard N 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 YLadd N Lakly N Lane

Y Lawrence YLee N Lewis N Lifsey NLord
Lucas Y Maddox NMann Y Martin Y McBee N McCall Y McClinton Y McKinney N Mills Y Mobley, B
N Mobley, J N Mosley Y Mueller
N O'Neal Y Orrock
Parham N Parrish N Parsons E Pelote N Perry N Pinholster Y Polak N Porter NPoston N Powell N Purcell, A

N Purcell, B ERandall Y Randolph
NRay N Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders
N Sauder N Scoggins Y Shanahan
YShaw Y Sherrill
N Shipp N 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 YSmyre N Snelling
N Snow N Stallings Y Stancil, F

On the adoption of the amendment, the ayes were 57, nays 107. The amendment was lost.

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

The following amendment was read and adopted:

Representatives Simpson of the 101st and Stallings of the 100th move to amend HB 1211 as follows: On line 23 between the words "the" and "pre-kindergarten" insert the words:
"four year old"

The following amendment was read and ruled out of order:

Representative James of the 140th moves to amend HB 1211 as follows:
Page 1, line 26, before Section 2: All costs associated with passage of this legislation shall be appropriated by the General Assembly.

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

N Alien N Anderson N Ashe Y Bailey
Baker Y Bannister Y Barfoot

E Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux

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

298

JOURNAL OF THE HOUSE,

Y Crawford Y Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dixon, S Y Dobbs Y Ehrhart NEpps Y Evans
Y Falls Y Felton Y Floyd YGodbee
E Golden Y Goodwin
Y Greene Y Grindley Y Hanner Y Harbin Y Harris N Heard Y Heckstall

N Hegstrom Y Hembree N Henson Y Holland N Holmes
N Howard Y Hudson N Hugley Ylrvin 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 N McBee YMcCall N McClinton
N McKinney Y Mills N Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal N Orrock YParham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster N Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B ERandall Y Randolph YRay

Y Reaves Y Reichert N Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw
Y Sherrill Y Shipp
Y Simpson N Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow Y Stallings
N Stancil, F Y Stancil, S Y Stanley, L

Stanley, P Y Stephenson Y Streat N Taylor
Teague Y Teper N Thomas N Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs 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
YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 138, nays 30.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Rogers of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Health and Ecology and referred to the Committee on Agriculture and Con sumer Affairs:

HB 1361.

By Representatives Shaw of the 176th, Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, James of the 140th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 25, relating to articles of bedding.

The following Resolutions of the House were read and adopted:

HR 903. By Representative Rogers of the 20th:
A resolution commending Drs. John S. and Patricia A. Burd of Brenau Uni versity.

HR 904. By Representatives Connell of the 115th, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Lee of the 94th and others:
A resolution commending Ms. Elizabeth G. Collins.

HR 905. By Representative Parham of the 122nd:
A resolution expressing regret at the passing of William Edward Robinson IV.

MONDAY, JANUARY 29, 1996

299

HR 906. By Representative Smith of the 109th: A resolution commending Richard W. Watkins, Jr.

HR 907. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A resolution congratulating Mrs. Jessie Turner on the occasion of her one hundredth birthday.

HR 908. By Representatives Smyre of the 136th, Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd and others:
A resolution expressing regret at the passing of Eva Lou Butler.

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

HR 900. By Representatives Murphy of the 18th, Lee of the 94th and Walker of the 141st:
A resolution honoring Phil Niekro and inviting him to appear before the House of Representatives.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1361 Do Pass HB 1405 Do Pass HB 1437 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1186 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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

300

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1356 Do Pass HB 1415 Do Pass HB 1416 Do Pass
Respectfully submitted, /si Holmes of the 53rd
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 449 Do Pass HB 1088 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 879 Do Pass HR 880 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 491 Do Pass HB 1169 Do Pass
HB 1203 Do Pass, by Substitute HB 1231 Do Pass, by Substitute

HB 1237 Do Pass HB 1419 Do Pass, by Substitute
HR 823 Do Pass HR 826 Do Pass

MONDAY, JANUARY 29, 1996

301

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

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

302

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 30, 1996

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 Ronnie Wills, Pastor, First United Methodist Church, Swainsboro, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following communication was received:
House of Representatives Legislative Office Building, Room 601
Atlanta, Georgia 30334 January 29, 1996
Hon. Thomas B. Murphy 332 State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker:
I request that I be excused from the morning legislative session on January 30, 1996 so that I may serve as an expert witness in a client's legal proceedings.
Thank you for your consideration of this request.

TS/ch

TUESDAY, JANUARY 30, 1996

303

Sincerely, /s/ Tom Sherrill

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

HB 1502. By Representative Ashe of the 46th: A bill to provide a new charter for the City of Atlanta.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1503. By Representative Ashe of the 46th:
A bill to reorganize the Board of Education of the City of Atlanta and con tinue the Atlanta Independent School System; to provide for the composi tion, terms, qualifications, election, suspension, and removal of members of the Board; to provide for election districts and reapportionment.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1504. By Representatives Watts of the 26th, Childers of the 13th, Murphy of the 18th, Stancil of the 16th, Dobbs of the 92nd and others:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Anno tated, relating to sewerage and waste disposal and related matters, so as to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met.
Referred to the Committee on Natural Resources & Environment.

HB 1505. By Representative Bostick of the 165th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Anno tated, relating to the organization of schools, so as to change the provisions relating to eligibility for middle school grants; to provide for middle school grade levels.
Referred to the Committee on Education.

HB 1506. By Representative Lee of the 94th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to permit the operation of electric assisted bicycles on bicycle paths.
Referred to the Committee on Motor Vehicles.

HB 1507. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chair person and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

304

JOURNAL OF THE HOUSE,

HB 1508. By Representative Benefield of the 96th:
A bill to amend Code Section 32-2-61 of the Official Code of Georgia Anno tated, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the depart ment may execute a negotiated contract.
Referred to the Committee on Transportation.

HB 1509. By Representative Benefield of the 96th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Anno tated, relating to state, county, and municipal road systems, so as to provide for an increase in the amount for which a county may execute a negotiated contract; to provide for an increase in the amount for which a municipality may execute a negotiated contract.
Referred to the Committee on Transportation.

HB 1510. By Representatives Benefield of the 96th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum lawful vehicle speed limits, so as to provide for an increase in the maximum limits.
Referred to the Committee on Transportation.

HB 1511. By Representative Walker of the 87th:
A bill to provide that the judge of the Probate Court of Walton County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1512. By Representative Williams of the 114th:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Anno tated, relating to the Department and Commissioner of Insurance, so as to provide for inspection of premium finance companies and group self-insur ance funds by salaried employees of the department; to provide for inspec tions by independent expert examiners in certain cases.
Referred to the Committee on Insurance.

HB 1513. By Representative Williams of the 114th:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Anno tated, relating to notice required of insurers for termination, increase in pre mium rates, or change restricting coverage, so as to change certain provisions regarding failure of an insurer to comply with notice requirements.
Referred to the Committee on Insurance.

HB 1514. By Representative Heckstall of the 55th:
A bill to amend an Act establishing a new charter for the City of College Park, so as to change the salaries of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, JANUARY 30, 1996

305

HB 1515. By Representative Felton of the 43rd:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply.
Referred to the Committee on State Planning & Community Affairs.

HB 1516. By Representatives Harbin of the 113th and Sauder of the 29th:
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 of an investigation and examination of an offender for parole.
Referred to the Committee on State Institutions & Property.

HB 1517. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Wilcox County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1518. By Representative Holmes of the 53rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt nonjudicial candidates in nonpartisan primaries or elections from filing notices of candidacy; to provide for registration of voters who are not county residents by deputy registrars.
Referred to the Committee on Governmental Affairs.

HB 1519. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official folk dance of the State of Georgia.

January 30, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1519. This notice is made prior to or upon reading the bill the first time.
/s/ J. Max Davis Representative 60th District
Referred to the Committee on State Planning & Community Affairs.

HR 901. By Representatives Mann of the 5th and Kinnamon of the 4th:
A resolution designating the General William A. Holland Parkway in Whitfield County.
Referred to the Committee on Transportation.

306

JOURNAL OF THE HOUSE,

HR 902. By Representative Bailey of the 93rd: A resolution compensating Mr. Robert Daniel Hughes.
Referred to the Committee on Appropriations.

HR 909. By Representative Ashe of the 46th:
A resolution recognizing the American Association of Retired Persons and declaring AARP Day at the Capitol.
Referred to the Committee on State Planning & Community Affairs.

HR 910. By Representative Watts of the 26th: A resolution compensating Michael Luna.
Referred to the Committee on Appropriations.

HR 912. By Representatives Jamieson of the 22nd, Evans of the 28th and Dobbs of the 92nd:
A resolution directing the director of the Environmental Protection Division of the Department of Natural Resources to request the federal government to provide special consideration of any violations of air quality standards during the 1996 Olympics.
Referred to the Committee on Natural Resources & Environment.

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

HB 1543. By Representatives Smith of the 169th, Watts of the 26th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to provide that no appropriation of lottery proceeds to educational programs below the kinder garten level shall be conditioned upon the implementation of any specified curriculum or curricula.
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 1476 HB 1478 HB 1479
HB 1480 HB 1481 HB 1482
HB 1483 HB 1484 HB 1485
HB 1486 HB 1487
HB 1488 HB 1489

HB 1490 HB 1491 HB 1492
HB 1493 HB 1494 HB 1495
HB 1496 HB 1497 HB 1498
HB 1499 HB 1500
HB 1501 HR 883

TUESDAY, JANUARY 30, 1996

307

HR 884 HR 885 HR 886 HR 887 HR 888 SB 16

SB 519
SB 545 SB 547 SB 567 SB 589

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1370 Do Pass, as Amended
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1452 Do Pass
Respectfully submitted, /s/ Carter of the 166th
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 1343 Do Pass HB 1377 Do Pass

HB 1469 Do Pass SB 459 Do Pass, by Substitute

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

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

308

JOURNAL OF THE HOUSE,

HB 1469.

By Representatives Towery of the 30th, Coker of the 31st, Sauder of the 29th, Grindley of the 35th, Kaye of the 37th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the title and compensation of the chairman; to provide that the chairman shall appoint the heads of the departments of the county; to provide for the duties of the chairman; to provide that the office of county manager may be created by the board of commissioners.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), so as to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members; to provide for qualifications for office; to pro vide for successors; to provide for terms; to provide for vacancies; to provide for definitions and inclusions; to provide for submission of this Act to the U.S. Attorney General; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), is amended by striking Sections 2 through 7 of said Act and insert ing in lieu thereof new Sections 2 through 7 to read as follows:
"SECTION 2. Those members of the board of education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified.
SECTION 3. (a) The Board of Education of Bartow County shall be composed of five members. All members elected at or subsequent to the election in 1996 shall be elected from the edu cation districts described in subsection (b) of this section. (b) For the purpose of electing the members of the Board of Education, the Bartow County School District shall be divided into five education districts. One member of the board shall be elected from each such district. Those districts shall consist of the described territory of the Bartow County School District attached to this Act and made a part hereof and further identified as 'Operator: local Client: bartow Plan: bartowsb2.' (c) For purposes of this section:
(1) The terms 'Tract' and 'Block' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;

TUESDAY, JANUARY 30, 1996

309

(2) Any part of the Bartow County School District which is not included in any edu cation 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 (3) Any part of the Bartow 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. (d) The members of the Board of Education of Bartow County who are in office on the effective date of this Act shall continue to serve as such for the remainder of their unexpired terms for which they were elected. The members serving on such date are desig nated as members representing new districts as follows:

Member

New Education District

Lawanda Martin

1

Larry Ferguson

2

Tony Kincannon

3

Charles Shifflett

4

Marlene Layton

5

(e) The first members of the board of education elected under this Act from Education Districts 1 and 2 shall be elected on the Tuesday next following the first Monday in November, 1996. Those members of the board elected thereto from Education Districts 1 and 2 in 1996 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2000, and upon the election and qualification of their respective successors. The first members of the board of education elected under this Act from Education Districts 3, 4, and 5 shall be elected on the Tuesday next following the first Monday in November, 1998. Those members of the board elected thereto from Education Districts 3, 4, and 5 in 1998 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2002, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (g) If a member moves his or her residence from the education district he or she was elected from to an education district from which there is a current member of the board, the position on the board of the member so moving shall automatically become vacant.

SECTION 4. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board from an education district, a person must have resided in that district prior to election thereto. Each member shall be elected by the electors voting with the respective district and not at large and must receive the number of votes cast for that office as required by general law. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an educa tion district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an educa tion district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.

310

JOURNAL OF THE HOUSE,

SECTION 5. In case of a vacancy on the board by death, resignation, or any cause other than the expiration of term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term, but, in so electing, no person shall be elected who is a resident of any education district of which one of the remaining members of the board is a resident.

Reserved.

SECTION 6.

Reserved."

SECTION 7.

SECTION 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Bartow County to submit this Act to the United States Attorney General for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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

District No. 1

BARTOW Tract: 9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 226, 278, 282, 283, 284, 285, 286, 287, 288, 289, 290 Tract: 9605. Block: 304, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416 Tract: 9606. Block: 106B, 106C, 108B, 109, 110, 111B, 112B, 113B, 114B, 114C, 124B, 425B, 427, 428B, 429B, 431C, 431D, 432B, 608B, 608C, 614C, 616, 617B, 617C, 618C, 618D, 618E Tract: 9608.
Block: 373C, 374, 375, 376, 405, 406, 407, 408, 521, 522B, 522C, 523B, 525B, 525C,
526, 527, 528, 529, 530B, 531B, 531C, 532, 533, 534, 535, 536B, 537, 538,
539, 540B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553
Tract: 9609.
Block: 101, 102, 103, 104, 105B, 105C, 105D, 105E, 106, 107, 108D, 108E, 109, 110, 111, 112, 113B, 114C, 114D, 115B, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211B, 211C, 213, 214B, 215H, 217, 218, 219, 220, 221C, 221D, 222, 223, 224, 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231, 232, 301B, 301C, 304B, 305B, 306B, 306C, 307B, 308B, 308C, 308D, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350
Tract: 9610. Block: 111, 112A, 112B, 113A, 113B, 114, 126, 127A, 127B, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 142A, 142B, 143, 144, 145A, 145B, 145C, 146, 147, 148, 149, 150A, 150B, 151A, 151B, 152A, 152B, 152C, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 236, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252A, 252B, 253A, 253B, 253C, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267, 268, 269, 270A, 270B, 271A, 271B, 272, 273, 274, 275, 276

TUESDAY, JANUARY 30, 1996

311

District No. 2
BARTOW Tract: 9601. Block: 115, 116, 117, 118, 119, 120, 121, 122, 123, 191, 192, 193, 194, 195, 196, 197, 203, 204, 205, 206, 207, 221, 222 Tract: 9602. Block: 101, 102, 103, 104, 105, 106, 107A, 107B, 108, 109A, 109B, 109C, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 128C, 129A, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 149, 150, 151A, 151B, 152 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554 Tract: 9603.98 Block: 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, 149, 150, 151A, 151B, 152, 153A, 153B, 154, 155, 156, 157A, 157B, 158, 159, 160, 206, 207, 208, 209, 210, 213, 214, 227, 228A, 228B, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250A, 251, 252, 253, 254, 255A, 255B, 256, 257A, 257B, 258A, 258B, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 279, 280, 281, 291 Block Group: 3 Tract: 9610. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 234, 235, 239
District No. 3
BARTOW Tract: 9601. Block: 223, 224, 225, 226, 227, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 9602. Block: 146, 147, 148, 542 Tract: 9603.98 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block: 208, 209, 210, 227, 228, 229, 230, 231, 232B, 233, 234B Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513B, 513C, 514B, 514C, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block: 207C, 207D, 208, 216, 217, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 401, 417B, 418B, 420B, 421B
District No. 4
BARTOW

312

JOURNAL OF THE HOUSE,

Tract: 9601. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 201, 202, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 301, 302, 303A, 303B, 304, 305A, 305B, 305C, 306, 307, 308, Block: 309A, 309B, 310, 311, 312A, 312B, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336, 337A, 337B, 338A, 338B, 339, 340A, 340B, 341, 342, 343, 344, 345B, 345C, 345D, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382B, 383B, 384, 385, 386
Tract: 9604. Block: 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118B, 118C, 118D, 118E, 119, 120B, 121B, 122B, 123B, 124, 125, 126, 127, 128, 132B, 133B, 201, 202, 203B, 203C, 203D, 204, 205B, 205C, 206C, 207, 211, 212B, 213C, 213D, 214B, 214C, 215, 216, 217B, 217C, 218B, 219, 220, 223B, 224B, 225B, 226, 235B, 235C, 236B, 236C, 236D, 237, 238, 239B, 239C, 241C, 242C, 243B, 243C, 244C, 245B, 245C, 246B, 247B, 247C, 248B, 249, 250B, 251B, 252B, 253C, 254B, 255B, 256B, 257C, 258B, 259, 260, 261B, 513D, 513E
Tract: 9605. Block: 101, 102B, 103, 104B, 105B, 106B, 107, 108, 109, 110, 111, 112B, 112C, 113, 114, 115, 116B, 117A, 117B, 117C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131B, 132B, 133B, 134B, 138, 139, 140, 201, 202, 203B, 203C, 421C, 422
Tract: 9607. Block: 111, 112, 113, 114, 115, 116, 117, 118, 119, 120B, 120D, 121, 122, 123, 124, 125, 126, 127, 128B, 132, 133, 134, 140D, 203C, 204B, 206D, 206E, 206F, 207B, 213B, 214C, 214D, 301B, 301C, 301D, 302B, 303B, 304D, 304E, 305B, 305C, 306B, 307B, 321B, 321C
District No. 5
BARTOW Tract: 9606. Block: 501B, 501C, 523B, 524B, 601, 602B, 602C, 614D, 618B, 621 Tract: 9607. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 120C, 129, 130, 131, 135, 136B, 140C, 141B, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152B, 153, 159B, 160, 161, 162A, 162B, 165B, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9608. Block Group: 1 Block Group: 2 Block: 301A, 301B, 302A, 302B, 303A, 303B, 303C, 304, 305A, 305B, 305C, 306, 307A, 307B, 308, 309, 310A, 310B, 310C, 311, 312, 313, 314A, 314B, 314C, 315, 316, 317, 318A, 318B, 318C, 319A, 319B, 319C, 320A, 320B, 321, 322A, 322B, 323A, 323B, 324, 325A, 325B, 326A, 326B, 326C, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 343C, 343D, 344A, 344B, 345, 346, 347, 348, 349, 350, 351A, 351B, 352, 353, 354, 355A, 355B, 355C, 356A, 356B, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371A, 371B, 372, 373A, 373B, 401, 402, 403, 404, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,

TUESDAY, JANUARY 30, 1996

313

421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 517D, 518A, 518B, 519A, 519B, 520A, 520B, 540A, 541A, 541B, 554, 555, 556

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

HB 1343. By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:
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 each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.

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

HB 1377. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th:
A bill to amend an Act providing a homestead exemption from City of Alpharetta ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, so as to change a definition; to change the taxes to which the exemption applies.

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard YBarnes
Bates Benefield Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDk Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps

Evans Y Falls Y Felton Y Floyd Y Godbee E Golden
Y Goodwin Y Greene Y Grindley
Y Banner Y Harbin Y Harris 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 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 Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham Y Parrish
Parsons E Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B ERandall Y Randolph YRay
Reaves Reichert Roberts

314

JOURNAL OF THE HOUSE,

Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan Y Shaw E Sherrill YShipp 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 Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson 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 Y Watson Y Watts

Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods
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.

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 217. By Senator James of the 35th:

A bill to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official

Code of Georgia Annotated, relating to lighting equipment of motor vehicles,

so as to require outside roof mounted white flashing strobe lights on certain

motor vehicles.

>

SB 483. By Senators Newbill of the 56th, Perdue of the 18th, Ray of the 19th and others:
A bill to amend Code Section 20-2-9 of the Official Code of Georgia Anno tated, relating to per diem allowances and expenses of members of the State Board of Education, so as to restrict members of the board to the same expense allowance as members of the General Assembly; to provide for reim bursement of actual transportation costs.

SB 508. By Senator Tysinger of the 41st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercings of the bodies of minors without the consent of their parents or guardians; to provide for a penalty.

SB 521. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Anno tated, relating to special education services, so as to allow parents of deaf students the final determination of placement of such students in the local school system or the Georgia School for the Deaf.

SB 529. By Senator Gillis of the 20th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flotation devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad; to provide for an effective date and automatic repeal.

TUESDAY, JANUARY 30, 1996

315

SB 560. By Senators Starr of the 44th, Perdue of the 18th and Henson of the 55th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the crime of driving under the influence of alcohol or drugs, so as to provide for the applicability of said statute to driving under the influence of any glue, aerosol, or other toxic vapor; to provide for related matters; to provide for an effective date and applicability.

SB 563. By Senators Taylor of the 12th, Thompson of the 33rd, Langford of the 29th and others:
A bill to amend Code Section 40-6-10 of the Official Code of Georgia Anno tated, relating to proof of insurance required for motor vehicles, so as to pro vide for satisfactory proof of insurance for certain recently acquired vehicles.

SB 564. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and others:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to correctional institutions of the state and counties, so as to provide for deductions from money credited to the account of an inmate to repay the costs of destruction of public property by an inmate, searching for and apprehending an inmate who has escaped or attempted to escape, or quelling any riot or other disturbance in which an inmate is unlawfully involved.

SB 572. By Senators Thompson of the 33rd, Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the creation of the Georgia Transportation Oversight Committee; to provide for its composition and duties; to provide for legislative declarations; to provide for matters related to the foregoing; to provide an effective date.

SB 590. By Senators Middleton of the 50th, Turner of the 8th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to provide that it shall be unlawful for any person to operate a moving vessel with a child under a certain age aboard unless the child is wearing a personal flotation device; to provide for an exception.

HB 1159. By Representatives Carter of the 166th, Smith of the 174th, DeLoach of the 172nd, Tillman of the 173rd and Streat of the 167th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net.

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

316

JOURNAL OF THE HOUSE,

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

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

SB 217. By Senator James of the 35th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment of motor vehicles, so as to require outside roof mounted white flashing strobe lights on certain motor vehicles.
Referred to the Committee on Motor Vehicles.

SB 483. By Senators Newbill of the 56th, Edge of the 28th, Black of the 53rd and others:
A bill to amend Code Section 20-2-9 of the Official Code of Georgia Anno tated, relating to per diem allowances and expenses of members of the State Board of Education, so as to restrict members of the board to the same expense allowance as members of the General Assembly; to provide for reim bursement of actual transportation costs.
Referred to the Committee on Education.

SB 508. By Senator Tysinger of the 41st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercings of the bodies of minors without the consent of their parents or guardians; to provide for a penalty.
Referred to the Committee on Children and Youth.

SB 521. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Anno tated, relating to special education services, so as to allow parents of deaf students the final determination of placement of such students in the local school system or the Georgia School for the Deaf.
Referred to the Committee on Education.

SB 529. By Senator Gillis of the 20th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flotation devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad; to provide for an effective date and automatic repeal.
Referred to the Committee on Game, Fish & Parks.

TUESDAY, JANUARY 30, 1996

317

SB 560. By Senators Starr of the 44th, Perdue of the 18th and Henson of the 55th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the crime of driving under the influence of alcohol or drugs, so as to provide for the applicability of said statute to driving under the influence of any glue, aerosol, or other toxic vapor; to provide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Special Judiciary.

SB 563. By Senators Taylor of the 12th, Thompson of the 33rd, Langford of the 29th and others:
A bill to amend Code Section 40-6-10 of the Official Code of Georgia Anno tated, relating to proof of insurance required for motor vehicles, so as to pro vide for satisfactory proof of insurance for certain recently acquired vehicles.
Referred to the Committee on Motor Vehicles.

SB 564. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and others:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to correctional institutions of the state and counties, so as to provide for deductions from money credited to the account of an inmate to repay the costs of destruction of public property by an inmate, searching for and apprehending an inmate who has escaped or attempted to escape, or quelling any riot or other disturbance in which an inmate is unlawfully involved.
Referred to the Committee on State Institutions & Property.

SB 572. By Senators Thompson of the 33rd, Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the creation of the Georgia Transportation Oversight Committee; to provide for its composition and duties; to provide for legislative declarations; to provide for matters related to the foregoing; to provide an effective date.
Referred to the Committee on Transportation.

SB 590. By Senators Middleton of the 50th, Turner of the 8th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to provide that it shall be unlawful for any person to operate a moving vessel with a child under a certain age aboard unless the child is wearing a personal flotation device; to provide for an exception.
Referred to the Committee on Game, Fish & Parks.

Representative James of the 140th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Industry and referred to the Committee on Transportation:

318

JOURNAL OF THE HOUSE,

HB 1348.

By Representatives Bunn of the 74th, Johnston of the 81st, Woods of the 32nd, Maddox of the 108th, Sanders of the 107th and others:
A bill to amend Code Section 32-6-75 of the Official Code of Georgia Anno tated, relating to restrictions on certain outdoor advertising, so as to provide that no such advertising depicting obscene material shall be allowed.

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

SB 567. By Senators Starr of the 44th, Cheeks of the 23rd and Ray of the 19th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to revise and change certain provisions regarding multiyear lease, purchase, or lease purchase contracts; to provide for additional condi tions, limitations, restrictions, and related matters.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Industry and referred to the Committee on Judiciary:

HB 1499.

By Representative Stancil of the 91st:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for timely notice of failure to pay subcontractors, laborers, and materialmen as a condition for enforcement of mechanics' and materialmen's liens against owners of single family dwellings.

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

HR 879. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Hudson of the 156th and Royal of the 164th:
A resolution recognizing and commending the Georgia Farm Bureau Federa tion and inviting its president to appear before the House of Representatives.

HR 880. By Representatives Crawford of the 129th and Culbreth of the 132nd:
A resolution commending Ms. Rachel Kathleen English and inviting her to appear before the House of Representatives.

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

HR 913. By Representative Ray of the 128th:
A resolution recognizing and commending Helen Purser Faircloth and invit ing her to appear before the House of Representatives.

HR 914. By Representatives Baker of the 70th, Teper of the 61st, Turnquest of the 73rd, Randolph of the 72nd, Jones of the 71st and others:
A resolution commending Wanda Pierce Mack, 1995 Georgia Occupational Award of Leadership (GOAL) recipient, and inviting her to appear before the House of Representatives.

TUESDAY, JANUARY 30, 1996

319

HR 930. By Representative Smith of the 19th:
A resolution commending Shawntel Smith and inviting her to appear before the House of Representatives.

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

HR 734. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and others:
A resolution proposing an amendment to the Constitution so as to provide that intangible personal property may be a separate class of property for purposes of taxation; to authorize the repeal of any intangible personal prop erty tax by general law without approval in a referendum.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the repeal of any intangi ble personal property tax by general law without approval in a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VII, Section I, Paragraph III is amended by striking subparagraph (b)(l) and inserting in its place a new subparagraph (b)(l) to read as follows:
"(b)(l) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intan gible personal property including money; provided, however, that any taxation of intan gible personal property may be repealed by general law without approval in a referendum."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
YES Shall the Constitution be amended so as to authorize the repeal of any NO intangible personal property tax by general law without a referendum?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

Y Alien Y Andersen Y Ashe Y Bailey

Y Baker Y Bannister Y Barfoot Y Bargeron

Y Barnard Y Barnes Y Bates Y Benefield

Birdsong Y Bordeaux Y Bostick
Breedlove

Y Brooks, D Y Brooks, T Y Brown, J Y Brush

320

JOURNAL OF THE HOUSE,

YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childere Y Coker Y Coleman, B Y Coleman, T Y Connell 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 YDobbs YEhrhart YEpps Y Evans Y Falls

Y Felton Y Floyd Y Godbee E Golden YGoodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard Y 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
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak 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 E Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow Y Stallings

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

On the adoption of the Resolution, by substitute, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Walker of the 141st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HR 728. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes.

The following Senate substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for certain educational purposes; to provide for procedures, conditions, and limita tions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by adding at the end thereof a new Paragraph IV to read as follows:

TUESDAY, JANUARY 30, 1996

321

"Paragraph IV. Sales tax for educational purposes, (a) The board of education of each school district in a county in which no independent school district is located may by res olution and the board of education of each county school district and the board of edu cation of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Para graph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceed ings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect.
(b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:
(1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax autho rized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of fail ure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maxi mum amount of net proceeds to be raised by the tax; and
(3) The maximum period of time, to be stated in calendar years or calendar quar ters and not to exceed five years.
(d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law.
(e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state.
(f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county accord ing to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subpara graph, student enrollment shall be based on the latest FTE count prior to the referen dum on imposing the tax.

322

JOURNAL OF THE HOUSE,

(h) Excess proceeds of the tax which remain following expenditure of proceeds for
authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds.
(i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement
its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was
levied. (j)(l) Notwithstanding any provision of any constitutional amendment continued in
force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as oth
erwise provided in subparagraph 0)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or
of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which
would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in sub-
paragraph (j)(l) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a consti
tutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by gen eral law."

SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the boards of edu
cation of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for certain educa tional purposes subject to approval in a local referendum?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Royal of the 164th moved that the House agree to the Senate substi tute to HR 728.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAuhe Y Bailey Y Baker Y Bannister Y Barfoot YBargeron Y Barnard Y Barnes
Bates YBenefield Y Birdsong
Bordeaux Y Bostick

Breedlove Y Brooks, D
Brooks, T 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 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
Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner

Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland E Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson

TUESDAY, JANUARY 30, 1996

323

Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly
YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox
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 YParham
Y Parrish Parsons
E Pelote Y Perry Y Pinholster YPolak 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 E Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C

On the motion, the ayes were 158, nays 0. The motion prevailed.

Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling
YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman

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
Williams, B
Y Williams, J
Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

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

HB 1118.

By Representatives Mosley of the 171st, DeLoach of the 172nd, Shaw of the 176th, Barnard of the 154th, Ray of the 128th and others:
A bill to amend Code Section 12-8-25.3 of the Official Code of Georgia Anno tated, relating to certain restrictions on landfill sites, so as to provide restric tions on landfills adjacent to certain bombing range facilities.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes
Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Breedlove Y Brooks, D
Brooks, T 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
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 YEhrhart YEpps
Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin
Y Greene

Y Grindley Y Manner Y Harbin Y Harris Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland E 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
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
Parsons E 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 E 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

324

JOURNAL OF THE HOUSE,

YSnelling Y Snow YStallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephenson Y Streat Y Taylor Y Teague
Teper Y Thomas Y Tillman

Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L

Y Wall 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, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1230. By Representatives Powell of the 23rd, Porter of the 143rd, Cummings of the 27th, Brush of the 112th, Harbin of the 113th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit issuance of Class M drivers' licenses and Class M commercial drivers' licenses to persons who have not completed an approved motorcycle operator safety training program; to change the requirement of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain persons.

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 define a certain term; to prohibit issuance of Class M drivers' licenses and Class M commercial drivers' licenses to certain persons who have not completed an approved motorcycle operator safety training program; to change certain provisions regard ing riding on roadways and bicycle paths; to change the requirement of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain per sons; to change certain provisions regarding driver's license or permit requirement for cer tain operators; to change certain provisions regarding protective headgear; 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 adding after paragraph (15) of Code Section 40-1-1, relating to definitions, a new paragraph (15.1) to read as follows:
"(15.1) 'Electric assisted bicycle' means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in 49 CFR 571 et seq., and shall operate in such a manner that the electric motor disen gages or ceases to function when the brakes are applied. An electric assisted bicycle's electric motor shall furthermore:
(A) Have a power output of not more than 1,000 watts; (B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and (C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour."
SECTION 2. Said title is further amended by adding at the end of Code Section 40-5-22, relating to persons not to be licensed, a new subsection (d) to read as follows:
"(d) On and after January 1, 1997, the department shall not issue any new Class M driver's license or new Class M commercial driver's license to any person under the age

TUESDAY, JANUARY 30, 1996

325

of 21 unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of a motorcycle operator safety training program approved by the board; but this requirement shall not apply with respect to renewal of a previously issued license."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 40-6-315, relating to headgear and eye-protective devices for motorcycle riders, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person under the age of 21 shall operate or ride upon a motorcycle unless fee such person is wearing protective headgear which complies with standards established by the Board of Public Safety."
SECTION 4. Said title is further amended by adding a new subsection (e) at the end of Code Section 40-6-294, relating to riding on roadways and bicycle paths, to read as follows:
"(e) Electric assisted bicycles as defined in Code Section 40-1-1 may be operated on bicycle paths."
SECTION 5. Said title is further amended by striking Code Section 40-6-351, relating to driver's license or permit required for certain operators, and inserting in lieu thereof a new Code Section 40-6-351 to read as follows:
"40-6-351.
No person under 15 years of age shall operate a moped or electric assisted bicycle upon the public roads and highways of this state. No person shall operate a moped upon the public roads and highways of this state unless he shall have in his possession a valid driver's license, instructional permit, or limited permit issued to him pursuant to Chap ter 5 of this title; provided, however, that all classes of licenses, instructional permits, or limited permits issued pursuant to Chapter 5 of this title shall be valid for the pur poses of operating mopeds upon the public roads and highways of this state. No license or permit shall be required for the operation of an electric assisted bicycle."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 40-6-352, relating to protective headgear, and inserting in lieu thereof a new subsection (a) to read as fol lows:
"(a) No person shall operate or ride as a passenger upon a moped unless he is wearing protective headgear which complies with standards established by the commissioner. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the stan dards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Trense of the 44th moves to amend the Committee substitute to HB 1230 as follows:
By deleting from page 2 line 9 the words "new" and "new"
By deleting from page 2 lines 10 & 11 the words "under the age of 21"

326

JOURNAL OF THE HOUSE,

and By deleting from page 2 beginning on line 14 the semicolon and all words following.

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

N Alien N Anderson YAshe N Bailey N Baker N Bannister
N Barfoot Bargeron
Y Barnard Y Barnes
Bates N Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D N Brooks, T Y Brown, J N Brush YBuck
Buckner YBunn Y Burkhalter NByrd Y Campbell
Y Canty Y Carter N Chambless Y Channel! Y Childers Y Coker Y Coleman, B
Coleman, T N Connell Y Crawford

N Crews Culbreth
N Cummings N Davis, G N Davis, M YDay Y DeLoach, B
N DeLoach, G NDix
Dizon, H N Duton, S
Dobbs YEhrhart NEpps N Evans Y Falls Y Felton N Floyd
Godbee Golden N Goodwin Y Greene
N Grindley N Manner N Harbin Y Harris N Heard N Heckstall Y Hegstrom N Hembree Y Henson N Holland E Holmes N Howard N Hudson N Hugley

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

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

On the adoption of the amendment, the ayes were 69, nays 89. The amendment was lost.

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

The following amendment was read:

Representative Brooks of the 103rd moves to amend the Committee substitute to HB 1230 as follows:
P. 2 1. 10 & 11
Strike the words "under the age of 21".

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

Y Alien Y Anderson YAshe N Bailey Y Baker N Bannister N Barfoot
Bargeron

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

Y Brooks, D Y Brooks, T Y Brown, J N Brush YBuck
Buckner YBunn N Burkhalter

NByrd Y Campbell Y Canty Y Carter N Chambless Y Channel! Y Childers Y Coker

Y Coleman, B Y Coleman, T N Connell
Y Crawford Y Crews Y Culbreth
Cummings N Davis, G

TUESDAY, JANUARY 30, 1996

327

N Davis, M
YDay Y DeLoach, B N DeLoach, G
NDix Dixon, H
N Dixon, S Dobbs
Y Ehrhart
YEpps Y Evans N Falls
Y Felton N Floyd
Godbee Golden Y Goodwin Y Greene N Grindley N Hanner N Harbin Y Harris
Y Heard N Heckstall Y Hegstrom N Hembree
Y Henson N Holland

E Holmes Y Howard N Hudson Y Hugley Y Irvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J N Johnston Y Jones N Joyce
NKaye Y Kinnamon Y Klein YLadd Y Lakly N Lane N Lawrence NLee N Lewis N Lifsey NLord N Lucas Y Maddox NMann Y Martin

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

N Roberts
N Rogers Y Royal N Sanders
N Sauder Y Scoggins YShanahan
NShaw Y Sherrill
NShipp Y Simpson Y Sinkfield N Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smith, W YSmyre N SneUing YSnow Y Stagings N Stancil, F N Stancil, S
N Stanley, L N Stanley, P

On the adoption of the amendment, the ayes were 89, nays 74.

The amendment was adopted.

N Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas YTillman N Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L NWall
N Watson
Y Watts Y Westmorland
N Whitaker
N White
N Wiles Williams, B
N Williams, J
N Williams, R
N Woods
N Yates
Murphy, Spkr

Representative Royal of the 164th moved that the House reconsider its action in adopting the Brooks amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe Y Bailey N Baker Y Bannister Y Barfoot
Bargeron N Barnard NBarnes
Bates Y Benefleld N Birdsong N Bordeaux N Bostick
Breedlov -. N Brooks, D N Brooks, T N Brown, J Y Brush NBuck
Buckner NBunn Y Burkhalter
YByrd N Campbell N Canty N Carter Y Chambless N Channel! N Childers N Coker N Coleman, B N Coleman, T Y Connell N Crawford

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

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

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

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

328

JOURNAL OF THE HOUSE,

On the motion, the ayes were 64, nays 99. The motion was lost.

The following amendment was read:

Representative Brown of the 130th moves to amend the Committee substitute to HB 1230 as follows:
By adding a new Section 7 and renumbering accordingly
Anyone over the age of 21 riding a vehicle as defined in this code who receives a head injury and who was not wearing a helmet shall waive his or her rights to medicaid pay ments for such injury.

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

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

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

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

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

On the adoption of the amendment, the ayes were 55, nays 103. The amendment was lost.

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

The following amendment was read:

Representative Reichert of the 126th moves to amend the Committee substitute to HB 1230 as follows:
P. 2 delete Section 3 in its entirety
Renumber subsequent sections accordingly.

TUESDAY, JANUARY 30, 1996

329

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

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

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

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

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

On the adoption of the amendment, the ayes were 73, nays 92. The amendment was lost.

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

The following amendment was read:
Representative Johnston of the 81st moves to amend the Committee substitute to HB 1230 as follows: Change line 22 p. 2 from age of 21 to age of 18.

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

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

N Brooks, D N Brooks, T N Brown, J N Brush
NBuck Buckner
N Bunn N Burkhalter
NByrd N Campbell N Canty N Carter N Chambless N Channell N Childers N Coker

N Coleman, B N Coleman, T
N Connell N Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G
NDix Dixon, H
N Dixon, S Dobbs

N Ehrhart NEpps Y Evans N Falls N Felton N Floyd
Godbee Golden Y Goodwin N Greene N Grindley N Hanner N Harbin N Harris N Heard N Heckstall

N Hegstrom Y Hembree N Henson N Holland E Holmes N Howard N Hudson N Hugley N Irvin
N James Jamieson
N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones

330

JOURNAL OF THE HOUSE,

Y Joyce YKaye N Kinnamon N Klein
NLadd Y Lakly N Lane N Lawrence NLee N Lewis N Lifsey NLord N Lucas
Maddox
NMann N Martin
N McBee NMcCall
N McClinton N McKinney

E Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal N Orrock NParham N Parrish N Parsons E Pelote N Perry N Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B NRandall

N Randolph NRay N Reaves
N Reichert N Roberts N Rogers
N Royal N Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill
N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

N Smith, P N Smith, T N Smith, V N Smith, W
Smyre N Snelling NSnow Y Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague N Teper N Thomas N Tillman N Titus

On the adoption of the amendment, the ayes were 19, nays 142. The amendment was lost.

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

The following amendment was read:

Representative Childers of the 13th moves to amend the Committee substitute to HB 1230 as follows:
By adding a new Section 7 to read
No person injured as a result of not wearing a helmet shall be eligible to receive any government benefits as a result of any injury received from riding a motorcycle without helmet.

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

N Alien N Anderson
Y Ashe N Bailey N Baker N Bannister N Barfoot
Bargeron
Y Barnard Y Barnes
Bates N Benefield N Birdsong Y Bordeaux
Bostick Breedlove N Brooks, D N Brooks, T Y Brown, J N Brush NBuck Buckner
YBunn Y Burkhalter NByrd Y Campbell
N Canty Y Carter N Chambless N Channel! Y Childers Y Coker

N Coleman, B N Coleman, T Y Connell Y Crawford
N Crews Y Culbreth N Cummings N Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G NDix
Dixon, H
N Dixon, S Dobbs
Y Bhrhart
YEpps Y Evans Y Falls
Y Felton N Floyd
God bee Golden N Goodwin Y Greene Y Grindley N Hanner N Harbin N Harris Y Heard N Heckstall

N Hegstrom N Hembree Y Henson
N Holland E Holmes N Howard N Hudson
N Hugley Ylrvin
N James Jamieson
Y Jenkins N Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein YLadd N Lakly NLane Y Lawrence NLee N Lewis N Lifsey NLord N Lucas N Maddox NMann N Martin

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

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

TUESDAY, JANUARY 30, 1996

331

Y Towery Y Trense N Tumquest NTwiggs

N Walker, L N Walker, R.L
N Wall
N Watson

Y Watts N Westmoreland
N Whitaker N White

N Wiles Williams, B
Y Williams, J
Y Williams, R

On the adoption of the amendment, the ayes were 62, nays 101. The amendment was lost.

N Woods N Yates
Murphy, Spkr

The following amendment was read and adopted:

Representative Channell of the lllth moves to amend the Committee substitute to HB 1230 as follows:
On page 2, line 16 after license." add the following:
"All persons completing the Motorcycle Operator Safety Training Program shall be encouraged but not required to sign a organ donor card."

Representative Childers of the 13th moved that the House reconsider its action in fail ing to adopt the Childers amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 49, nays 113. The motion was lost.

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

The Committee substitute, as amended, was adopted.

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

332

JOURNAL OF THE HOUSE,

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

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

Y Crews Y Culbreth Y Cummings
N Davis, G Davis, M
YDay
Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S N Dobbs YEhrhart NEpps Y Evans Y Falls N Pelton Y Floyd
God bee Golden YGoodwin N Greene Y Grindley Y Manner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland E Holmes N Howard Y Hudson N Hugley

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

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 83, nays 82.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Powell of the 23rd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1230.

The following Resolutions of the House were read and adopted:

HR 911. By Representatives James of the 140th, Randolph of the 72nd, Stanley of the 50th, Stanley of the 49th, Ray of the 128th and others:
A resolution expressing regrets at the tragic death of Latoshia Gipson and the hope for the rescue of Joshua Gipson and commending the Emergency Management Agencies, the Macon County Sheriffs Department, and volunteers.

HR 916. By Representatives Mueller of the 152nd, Thomas of the 148th, Bordeaux of the 151st, Day of the 153rd and Dixon of the 150th:
A resolution recognizing the City of Savannah and declaring January 31, 1996, "Savannah Day" in Georgia.

TUESDAY, JANUARY 30, 1996

333

HR 917. By Representative Purcell of the 147th:
A resolution commending Mr. Manning Graham upon his retirement from public service.

HR 918. By Representatives Godbee of the 145th and Ehrhart of the 36th: A resolution honoring John Yates.

HR 919. By Representatives Simpson of the 101st and Stallings of the 100th: A resolution commending Mr. Richard Scott Hill.

HR 920. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution commending Pauline 0. Lockhart.

HR 921. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution commending Paul Lewis Taylor.

HR 922. By Representative Hembree of the 98th:
A resolution commending the Georgia Future Farmers of America Associa tion and designating FFA Week.

HR 923. By Representative Hembree of the 98th:
A resolution commending the Georgia Technology Student Association and designating "TSA Week".

HR 924. By Representative Hembree of the 98th:
A resolution commending the Future Business Leaders of America and desig nating FBLA Week.

HR 925. By Representative Hembree of the 98th:
A resolution commending Georgia Future Homemakers of America and desig nating FHA Week.

HR 926. By Representative Hembree of the 98th:
A resolution commending the Georgia Association of Vocational Industrial Clubs of America and designating VICA Week.

HR 927. By Representative Hembree of the 98th: A resolution commending Georgia DECA and designating "DECA Week".

HR 928. By Representative Hembree of the 98th:
A resolution commending the Vocational Opportunities Club of America and designating VOCA Week.

The Speaker announced the House in recess until 2:30 o'clock this afternoon.

334

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

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

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1278 Do Pass HB 1295 Do Pass, by Substitute

HB 1380 Do Pass SB 446 Do Pass, by Substitute

Respectfully submitted, /s/ Randall of the 127th
Chairman

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

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

SB 500. By Senators Langford of the 29th, Land of the 16th and Dean of the 31st:
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 groundwater use, so as to provide that persons in violation of certain provisions relating to the operation of certain sewer systems shall be subject to certain civil penalties; to provide that persons in violation of certain provisions relat ing to the discharge of pollutants shall be subject to certain civil penalties.

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

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
An Act providing appropriations for the State Fiscal Year 1995-1996, as amended, known as the "General Appropriations Act" approved April 21, 1995 (Ga. L. 1995, p.

TUESDAY, JANUARY 30, 1996

335

1082), is further amended by striking everything following the enacting clause through Sec tion 60, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1995, and ending June 30, 1996, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $10,134,000,000 (excluding the Indi gent Trust Fund and Lottery Receipts) for State Funds 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..................................................... Per Diem Differential................................. Photography................................................. Expense Reimbursement Account............ Total Funds Budgeted................................ State Funds Budgeted................................

25,617,738 13,446,641 3,781,803 2,612,366
91,500 7,000
0 225,000 538,000
5,000 667,000 93,970
2,333,658 588,000 95,000
1,132,800 25,617,738 25,617,738

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

3,882,923 801,781
1,139,854 5,824,558

3,882,923 801,781
1.139,854 5,824,558

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

$

10,136,252

560,470

$

1,423,074

12,119,796

10,136,252 560,470
1,423,074 12,119,796

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

336

JOURNAL OF THE HOUSE,

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....................................................................!

18,664,008 15,720,708
533,445 521,450 137,535
14,875 869,790 69,850 658,230 138,125 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 ................................................$

80,191,503 11,089,728 67,275,049 2,015,363
394,438

TUESDAY, JANUARY 30, 1996

337

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 State Court Judges....................................................$ Payment to Superior Court Clerks...............................................$ Payment to Resource Center.........................................................$ Computerized Information Network............................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,290,967 148,098 14,450 76,500 139,869 25,835 20,450 12,050 31,040 300,000 683,800
83,517,637 80,191,503

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

6,126,890 7,211,104 61,822,174 1,077,570
711,007 1,758,214
217,718 3,000,000
1,363,811
229,149 83,517,637

5,529,597 7,161,104 59,208,333 1,077,570
711,007 1,693,214
217,718 3,000,000
1,363,811
229,149 80,191,503

PART III. EXECUTIVE BRANCH

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 ...........................

41,921,650 49,212,510 13,562,262
484,133 663,160 2,020,580 17,445,782 3,540,623 2,896,435 4,181,726 11,792,750
0 2,972,744
0
781,972 59,072,580
896,550 27,000,000
650,000

338

JOURNAL OF THE HOUSE,

Health Planning Review Board Operations. Payments to Aviation Hall of Fame .............. Payments to Golf Hall of Fame..................... Total Funds Budgeted..................................... State Funds Budgeted.....................................

Departmental Functional Budgets

Total Funds

Executive Administration Departmental Administration Statewide Systems Space Management Procurement Administration General Services Central Supply Services Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Mail and Courier Services Risk Management State Properties Commission Distance Learning and
Telemedicine Office of the Treasury State Office of Administrative
Hearings Total

$

1,318,944

$

3,075,590

$

12,935,516

$

521,505

$

3,051,174

$

599,180

$

21,066,445

$

46,164,552

$

4,615,951

$

81,752,025

$

9,761,892

$

2,598,736

$

1,281,707

$

3,601,297

$

485,878

$

0

$

1,079,064

$

3,484,851

$ 197,394,307

B. Budget Unit: Georgia Building Authority. Personal Services........................................... Regular Operating Expenses.......................

Motor Vehicle Purchases .

Real Estate Rentals ........................... Per Diem, Fees and Contracts .......... Computer Charges.............................. Telecommunications .......................... Utilities ................................................ Capital Outlay .................................... Contractual Expense.......................... Facilities Renovations and Repairs . Total Funds Budgeted....................... State Funds Budgeted.......................

Departmental Functional Budgets

Total Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration

$

1,626,249

$

5,638,802

$

4,640,092

$

6,667,136

$

380,794

$

4,005,645

$

13,392,346

87,000 48,500 85,000 197,394,307 41,921,650
State Funds
559,858 2,947,078 9,962,772
521,505 3,051,174
0 0 14,048,279 0 5,850,000 0 0 0 650,000 485,878
0 634,424
8,210,682 41,921,650
0 20,980,434 5,096,676
12,000 314,000 310,850
15,071 255,000 110,100 176,933 9,000,000
0 80,000
0 36,351,064
0
State Funds

TUESDAY, JANUARY 30, 1996

339

Railroad Excursions Facility Renovations Total

0 0 36,351,064

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....................................................................!

117,064 97,864 10,800 8,000
0 0 0 0 400 0 0 0 117,064 117,064

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....................................................................!

37,476,571 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

340

JOURNAL OF THE HOUSE,

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

8,302,698 15,572,660 6,763,482 6,124,361 3,429,297 8,226,787
582,215 49,001,500

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 ......................................................! Capital Outlay .................................................................................$

7,521,698 12,624,668 3,088,482 5,854,861 3,299,597 5,087,265
0 37,476,571
0 869,656 179,636
5,100 14,000
0 7,600
0 7,500 6,380 210,367 114,750 1,414,989
0
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
126,393,890 76,070,034
7,179,119 893,360 293,990 418,857 265,289
1,690,876 904,505
5,464,262 2,224,904
562,330 3,715,495 17,592,042 12,930,930
840,691

TUESDAY, JANUARY 30, 1996

Total Funds Budgeted.. State Funds Budgeted..

Departmental Functional Budgets

Total Funds

Regional Youth Development Centers
Milledgeville State YDC Augusta State YDC Lorenzo Benn 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

30,514,446 14,462,009 9,758,770 5,857,725 5,554,542 15,888,883 2,422,564
476,414 1,049,780 32,276,695
1,002,375 672,358
6,964,368 4,145,755 131,046,684

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). 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.................................................

341
131,046,684 126,393,890
State Funds
28,997,079 13,886,351 9,101,481 5,584,785 5,288,761 15,742,079 2,422,564
476,414 1,049,780 31,449,740
1,002,375 672,358
6,964,368 3,755,755 126,393,890
38.567,882 6,214,998
334,240 170,205
0 7,180 146,005 513,430 49,090 217,000
0
2,272,825 9,661,413
97,100 30,000,000
774,059 126,790 750,000 4,625,000 4,607,000
2,305,898 7,000,000
750,000
216,138 0
225,000 0
71,063,371 38,567,882

342

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administration Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

34,423,959

3,880,669

$

32.758.743

71,063,371

33,149,892
3,707,663
1,710,327 38,567,882

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.................................................................! State Funds Budgeted....................................................................!

683,287,296 472,374,436 56,134,874
2,202,700 3,128,720 4,498,745 5,530,990 5,986,101 6,930,550 8,059,901
234,450 22,530,660 1,600,000 16,893,100 7,508,207
0 1,152,000 4,059,700
1,376,000 461,160
1,300,000 68,606,416
63,420
366,244 734,000 691,732,374 450,000 683,287,296

Departmental Functional Budgets

Total Funds

State Funds

Administration and Central Support Inmate Security and Support Community Corrections Total

$

80,322,231

! 500,780,837

$ 110,629,306

! 691,732,374

78,567,821 497,523,344 107,196,131 683,287,296

B. Budget Unit: Board of Pardons and Paroles ............................... Personal Services............................................................................. Regular Operating Expenses.........................................................: Travel................................................................................................; Motor Vehicle Purchases............................................................... Equipment........................................................................................

41.369,832 33,181,024
1,560,147 587,000 78,000 271,000

TUESDAY, JANUARY 30, 1996

343

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

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 ................................................I
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....................................................................!

4.344,610 9,195,076 6,294,215
29,375 15,791 28,840 11,125 24,400 40,825 456,000
0 16,095,647 4,344,610

Departmental Functional Budgets

Total Funds

State Funds

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

1,486,227 5,362,845 9.246.575 16,095,647

1,351,198 590,278
2,403,134 4,344,610

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 ................................................................................$

3.779.389,189
36,353,475 6,319,446
518,118 139,665 339,231 8,364,242 1,521,366 1,323,661 20,844,388 962,485
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

344

JOURNAL OF THE HOUSE,

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.................................................................! Counselors........................................................................................! Vocational Research and Curriculum..........................................! Even Start........................................................................................! Salaries and Travel of Public Librarians ....................................$ Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & O....................................................................$ Child Care Lunch Program (Federal)..........................................! Chapter II - Block Grant Flow Through.....................................! Payment of Federal Funds to Board of Technical and Adult Education ...........................................$ Education of Homeless Children/Youth......................................! Innovative Programs.......................................................................! Next Generation School Grants....................................................! Limited English-Speaking Students Program............................! Drug Free School (Federal) ...........................................................$ At Risk Summer School Program ................................................$ Emergency Immigrant Education Program ................................$ Title II Math/Science Grant (Federal)........................................! Robert C. Byrd Scholarship (Federal).........................................! Health Insurance - Non-Cert. Personnel and Retired Teachers .................................................................$
Pre-School Handicapped Program...............................................!
Mentor Teachers............................................................................-!
Nutrition Education .......................................................................!
Serve America Program .................................................................$
Youth Apprenticeship Grants.......................................................!

95,532,367 627,252,894 136,815,917 (658,700,987) 77,462,514 149,218,645
160,777,464 3,609,604 22,166,686 69,091,100 70,986,887 563,759
179,775,843 5,173,750 54,732,103 1,896,312 39,621,548
188,375,722 26,798,985
2,005,097 8,899,461 3,528,045 21,568,381 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
16,892,002 637,478
1,690,215 2,443,700 10,876,940 11,625,943 6,000,000
397,666 5,042,895
772,500
99,047,892 14,199,935 1,250,000
0 382,597 4,340,000

TUESDAY, JANUARY 30, 1996

345

Remedial Summer School.............. Alternative Programs...................... Superintendent's Base Salary....... Environmental Science Grants...... Pay for Performance....................... Mentoring Program......................... Charter Schools............................... Technology Grants .......................... Migrant Education.......................... Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

1,875,664 12,126,442
0 100,000 1,940,000 500,000 50,000 12,827,367 266,403 4,323,638,741 340,000 3,779,389,189

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

9,462,242 25,061,630
1,246,565 17,897,753 6,242,899
927,314 4,246,302,664
5,266,662 6,046,724 5,184,288 4,323,638,741

$

8,752,327

?

18,841,363

$

1,159,121

$

13,482,690

?

2,730,341

$

927,314

? 3,718,062,652

?

4,949,611

$

5,742,214

?

4,741,556

$ 3,779,389,189

B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Special Needs Pre-Kindergarten Capital Outlay..............................................................................$ Next Generation Schools ...............................................................$ Alternative Programs......................................................................$ Educational Technology Centers ...............................,..................$ Model Technology Schools ............................................................$ Capital Outlay .................................................................................$ Post Secondary Options.................................,...............................$ Learning Logic Sites.......................................................................$ Media Center/Library Equipment................................................$ Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................$

211,656,245 187,646,245
3,000,000 500,000
5,000,000 900,000 250,000
10,000,000 1,200,000 1,000,000 2,160,000 211,656,245 211,656,245

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 ......................................................$ 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 4,148,228
0

Section 14. Forestry Commission.

346

JOURNAL OF THE HOUSE,

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 WorldWare County Grant for Road Maintenance ........ Capital Outlay........................................................... Total Funds Budgeted.............................................. State Funds Budgeted..............................................

36,458,648 30,021,438 5,931,099
159,937 1,313,670 1,757,312
416,000 54,764 928,106 411,831
0 30,000 60,000 241,752 41,325,909 36,458,648

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

1,777,188 35,453,642
4,095,079 41,325,909

26,304 32,505,420
3,926,924 36,458,648

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....................................................................!

46,667.108 33,795,416 4,092,182
539,727 830,397 1,786,463 781,736 2,083,323 892,081 1,356,783 509,000
0 46,667,108 46,667,108

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

3,778,310 24,630,107 8,339,238 9,919,453 46,667,108

3,778,310 24,630,107 8,339,238 9,919,453 46,667,108

Section 16. Office of the Governor. A. Budget Unit: Office of the Governor.............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!

34,578.663 15,704,991 1,106,224
318,284 0
98,876

TUESDAY, JANUARY 30, 1996

347

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....................................................................!

628,327 1,019,100
385,818 5,027,777 3,512,745
40,000 6,357,000
165,000 3,850,000
372,960 130,600
0 290,975 1,187,700 100,000 684,400 1,085,968
0 60,000 42,126,745 34,578,663

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 Criminal Justice Coordinating
Council Children and Youth Coordinating
Council Human Relations Commission Professional Standards Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Office of Information
Technology Total

!

10,074,745

!

993,023

!

7,982,873

!

5,182,770

!

3,374,923

!

356,491

!

1,351,302

$

1,900,826

!

320,864

!

4,828,157

$

5,179,611

!

226,560

$

354,600

!

42,126,745

!

10,074,745

!

835,023

!

7,882,873

!

4,396,670

!

3,374,923

$

89,065

!

411,983

!

547,826

!

320,864

!

4,828,157

!

1,235,374

!

226,560

$

354,600

$

34,578,663

Section 17. Department of Human Resources. A. Budget Unit: Department of Human Resources ..... 1. General Administration and Support Budget:
Personal Services......................................................... Regular Operating Expenses ..................................... Travel............................................................................ Motor Vehicle Purchases........................................... Equipment.................................................................... Computer Charges....................................................... Real Estate Rentals.................................................... Telecommunications...................................................

696,398,369
51,069,425 2,309,688 1,357,311 1,691,555
95,600 1,374,048 4,828,364
680,361

348

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts ......................................................$ Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Institutional Repairs and Maintenance.......................................$ Postage ..............................................................................................$ Payments to DMA-Community Care...........................................$ Grants to County
DFCS-Operations ........................................................................$ Grant-in-Aid to Counties...............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

5,344,953 244,000
46,878,658 36,444,743
73,440 995,980 15,826,037
741,211 350,000 170,305,374 412,600 107,195,884

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 Developmental Disabilities
Council State Health Planning Agency Total

$

6,058,409

$

2,149,712

$

46,878,658

$

20,140,782

$

5,506,954

$

0

$

832,591

$

3,074,934

$

9,758,829

$

6,224,787

$

6,121,808

$

1,847,154

$

1,770,049

$

0

$

523,853

$

56,028,499

$

1,657,911

$

1,730,444

$ 170,305,374

$

6,058,409

$

2,149,712

$

34,994,603

$

18,497,628

$

4,252,958

$

0

$

822,591

$

3,074,934

$

4,218,726

$

2,319,475

$

5,921,808

$

1,847,154

$

1,770,049

$

(8,355,268)

$

523,853

$

27,394,952

$

53,856

$

1.650,444

$ 107,195,884

2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Special Purpose Contracts.............................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Institutional Repairs and Maintenance.......................................$
Medical Benefits..............................................................................$ Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................!

53,149,954 77,519,623
944,470 0
99,005 1,205,962 1,401,103 1,238,831 5,186,715
682,869 13,093,080 119,443,795
34,500 124,731 4.978.469 279,103,107 549,718 151,014,843

TUESDAY, JANUARY 30, 1996

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack
Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and
Children - Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family 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 Injury Control Public Health - Division
Indirect Cost Total

12,564,340 1,295,984 1,513,813
2,601,837 4,303,429
5,505,221 2,256,390 10,034,152
82,463,644 61,489,732 13,211,627 3,274,089 1,780,145
495,945 969,937 6,658,655 1,188,122 1,194,476 2,473,665 560,561 542,182 5,068,567 1,201,784
0 1,949,489 1,882,812 2,569,979
872,038 5,566,771 4,136,288
129,415 8,722,158 10,896,437 3,316,626 3,157,960
177,529 12,776,128
301,180
0 279,103,107

3. Rehabilitation Services Budget: Personal Services........................ Regular Operating Expenses.... Travel........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals...................
Telecommunications..................

349
State Funds
12,434,665 1,116,788 1,191,638
1,530,878 3,888,424
5,393,221 400,525
5,365,855
0 60,590,878 6,605,813
1,960,907 1,635,982
345,955 0
5,237,894 870,322 505,089 930,847 560,561 542,182
5,068,567 1,004,559
0 1,949,489 1,653,133 2,347,161
562,965 5,566,771 1,567,182
129,415 4,193,406 1,870,754 2,560,006 2,034,356
160,032 10,674,341
100,000
(1,535,718) 151,014,843
75,340,932 12,552,958 1,218,988
83,000 743,880 2,457,974 4,676,391 1,704,334

350

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts................ Case Services.............................................. Special Purpose Contracts ....................... Purchase of Services Contracts............... Institutional Repairs and Maintenance. Utilities ....................................................... Postage........................................................ Total Funds Budgeted.............................. Indirect DOAS Service Funding............. State Funds Budgeted..............................

8,356,334 25,249,433
713,163 10,789,323
215,000 937,269 817,786 145,856,765 100,000 24,207,831

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

49,154,050 975,265
1,660,507 9,619,759 7,214,594
809,166 4,117,040
722,458 34,758,717 12,514,975 24,310,234 145,856,765

?

10,130,676

?

719,491

?

758,979

?

3,639,056

?

1,452,195

$

0

$

1,292,597

?

722,458

?

0

?

827,513

$

4.664,866

?

24,207,831

4. Family and Children Services Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ 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 Service Funding...................................................? State Funds Budgeted....................................................................?

45,517,745 4,732,739
961,917 0
400,080 27,758,670 3,199,423 9,664,964 19,509,509 2,076,792 424,009,918 4,739,195 203,382,509 15,912,456 4,734,156 284,917,066 1,051,517,139
2,565,582 413,979,811

Departmental Functional Budgets

Total Funds

State Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management

353,128 3,760,190 6,609,584 3,858,011 11,784,184 1,159,982 2,020,148

?

353,128

?

3,364,997

$

5,385,210

?

3,858,011

?

547,959

?

1,159,982

?

1,830,526

TUESDAY, JANUARY 30, 1996

Public Assistance Employment Services 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 -
Homemaker Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Program 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

31,731,515 1,574,927
61,945,007 412,170,798
100 2,799,420 9,893,600
113,919,026
87,946,600 3,190,752
8,034,943
61,472,410
13,544,087 28,898,186 3,190,503 32,960,883 10,625,850 5,825,175 10,978,269 11,544,785 105,227,651
313,240 2,107,393 2,076,792
0 1,051,517,139

Budget Unit Object Classes: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Case Services.......,............................................................................! 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..............................................................................................! Payment to DMA-Community Care ............................................$ Medical Benefits..............................................................................! Grants to County DFACS - Operations ......................................$
B. Budget Unit: Community Mental Health/Mental

351
13,983,389 I,574,927
4,834,840
156,709,968 100 0 0
56,892,944
31,527,769 0
2,456,667
31,294,234
5,211,640 II,695,177 2,420,990 21,575,631 8,329,504 4,901,767 8,237,408 7,408,642 32,696,098
156,620 1,857,591 2,076,792 (8,362,700) 413,979,811
225,078,056 97,115,008 4,482,686
1,774,555 1,338,565 32,796,654 14,105,281 13,288,490 38,397,511 25,249,433 2,076,792 424,009,918 6,379,227 250,261,167 76,239,602 119,793,795
322,940 937,269 6,672,653 15,826,037 4,978,469 285,658,277

352

JOURNAL OF THE HOUSE,

Retardation and Institutions.................................$ Personal Services.............................................................................! Operating Expenses........................................................................! Motor Vehicle Equipment Purchases ..........................................$ Utilities .............................................................................................$ Major Maintenance and Construction.........................................! Community Services.......................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

500,075,468 365,884,912 61,809,901
882,000 12,347,036 2,021,190 270.200.055 713,145,094 2,404,100 500,075,468

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute Georgia Regional Hospital
at Augusta Northwest Regional Hospital
at Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital
at Savannah Gracewood State School and
Hospital West Central Regional
Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

40,535,746 33,247,324
27,520,671
22,342,415
28,319,217
29,740,526 146,709,501
19,422,238
51,647,048
19,802,063 3,846,635 1,662,565
122,367,029
100,621,077
50,964,592 10,062,326 4.334,121 713,145,094

!

25,357,896

!

14,537,996

!

25,602,869

!

20,455,523

!

20,856,482

!

25,185,535

!

86,762,738

!

17,740,917

!

22,323,512

!

17,015,824

!

2,937,700

!

1,467,065

! 116,147,289

!

64,305,746

!

28,438,752

!

6,753,151

!

4.186.473

! 500,075,468

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........................................................................

28.367,568 9,297,710 1,621,170
347,500 59,978 137,872 149,938 1,024,915 336,000 1,417,010 181,600 10,859,580

TUESDAY, JANUARY 30, 1996

353

Georgia Ports Authority Lease Rentals. Foreign Currency Reserve........................ Waterway Development in Georgia........ Georgia World Congress Center.............. Total Funds Budgeted.............................. State Funds Budgeted..............................

1,240,000 74,095 50,000
2,500,000 29,297,368 28,367,568

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

17,947,679

$

4,516,599

$

1,694,389

$

5,138,701

$

29,297,368

$

17,327,879

4,416,599

1,694,389

4.928.701

28,367,568

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

15,756,518 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 3,686,000 163,894,364 7,942,762

354

JOURNAL OF THE HOUSE,

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...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted ....................................................................$

12,248,879 11,046,739
610,488 129,322
0 65,240 360,793 504,813 140,424 150,000 147.000 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....................................................................!

1,193,129.526 14,972,985 4,937,733 188,400 0 39,500 27,341,065 885,000 425,000 67,660,024
3,314,224,225 772.500
3,431,446,432 1,193,129,526

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 Reimbursement Services Managed Care Legal and Regulatory General Administration Total
B. Budget Unit: Medicaid Services.. Per Diem, Fees and Contracts...

!

1,363,627

! 3,314,224,225

$

1,326,155

!

34,166,842

!

2,447,208

!

1,273,239

!

9,455,504

!

2,673,554

!

4,991,000

!

59,525,078

! 3,431,446,432

!

137,553

! 1,169,557,726

!

511,907

!

10,570,417

!

1,030,359

!

524,982

!

4,649,213

!

1,292,583

!

2,495,500

!

2.359.286

! 1,193,129,526

146.300.000

7,860,216

TUESDAY, JANUARY 30, 1996

355

Benefits.............................................................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*

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................................................................................................* Motor Vehicle Purchases...............................................................* Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................* Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* Health Insurance Payments..........................................................* Total Funds Budgeted....................................................................* Other Agency Funds.......................................................................* Agency Assessments........................................................................* Employee and Employer Contributions ......................................$ Deferred Compensation..................................................................* State Funds Budgeted....................................................................*

0 8,636,124 1,895,430
91,512 0
14,161 3,275,673
921,758 427,123 159,320,065 858.178.798 1,032,760,644 142,256 11,875,396 1,020,494,396 248,596
0

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

3,054,925

$

0

Applicant Services

$

2,587,089

$

0

Classification and Compensation

*

1,363,169

$

0

Flexible Benefits

$

1,177,099

$

0

Employee Training and Develop

ment

$

1,301,859

$

0

Health Insurance Administration

$ 1,019,564,515

$

0

Accounting and Audits

$

1,160,976

*

0

Administration and Systems

$

2,551,012

$

0

Total

$ 1,032,760,644

$

0

Section 24. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.........................*
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................* Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* 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.........................................................................*

91,987,593 72,183,553 15,298,661
534,533 2,469,914 2,532,611
864,113 2,581,324 1,259,868 3,110,758
40,000 200,000 2,645,300
943,810 2,719,500
225,000 800,000 350,000

356

JOURNAL OF THE HOUSE,

User Fee Enhancements.................................................................$ Buoy Maintenance ..........................................................................$ Waterfowl Habitat ..........................................................................$ Paving at State Parks and Historic Sites....................................$ Grants: Land and Water Conservation......................................................$ Georgia Heritage 2000 Grants.......................................................$ Recreation.........................................................................................? Mclntosh County ............................................................................$ 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..........................................................................! Payments to Civil War Commission ............................................$ Hazardous Waste Trust Fund.......................................................! Solid Waste Trust Fund ................................................................$ Payments to Georgia Agricultural
Exposition Authority ..................................................................$ Georgia Boxing Commission..........................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island State Park
Authority......................................................................................! Receipts from Stone Mountain Memorial
Association....................................................................................! Receipts from Lake Lanier Islands
Development Authority..............................................................! Receipts from North Georgia Mountain
Authority......................................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

1,300,000 35,000 0 500,000
800,000 270,000 800,000 100,000
100,000 106,513
170,047 279,545
300,000 31,000 11,512,235 5,276,344
2,281,543 7,000
132,628,172
888,185
3,809,517
2,663,931
1,422,256 200,000
91,987,593

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

3,484,646 2,555,848 2,351,344
41,542,320 2,430,446 35,290,759
43,733,688
1,239,122 132,628,173

3,484,646 2,555,848 1,861,344
15,934,854 2,309,936 30,546,338 34,055,505 1,239,122 91,987,593

B. Budget Unit: Georgia Agricultural Exposition Authority..................................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

0 2,281,819 1,774,578
21,059 12,000 85,000 15,000
0

TUESDAY, JANUARY 30, 1996

357

Telecommunications .................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............

38,000 645,000 4,872,456
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

4,872,456

Section 25. Department of Public Safety. A. Budget Unit: Department of Public Safety .................................$ 1. Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs and Maintenance.............................! Capital Outlay.................................................................................! Conviction Reports .........................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

100,084,190
59,382,404 7,805,450
132,617 4,093,430
515,752 3,701,067 2,773,116 1,418,147
494,086 150,000
0 0 80,466,069 1,650,000 78,816,069

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....................................................................!

16,698,371 1,737,262
21,800 0
119,077 137,000 53,108 618,853 62,500
0 300,150 30,000 1,490,000 21,268,121
0 21,268,121

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

21,823,257

!

21,268,121

!

58,642,812

! 101,734,190

20,323,257 21,268,121 58,492,812 100,084,190

B. Budget Unit: Units Attached for Administrative Purposes Only..............................!

14,610,111

358

JOURNAL OF THE HOUSE,

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.................

8,183,176 2,770,007
113,799 72,536 263,728 187,762 169,001 164,171 757,341 2,846,425 3,680,160
0 19,208,106 14,610,111

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

$

3,530,970

$

5,678,163

$

1,390,494

$

1,212,250

$

444,494

$

6,951,735

$

19,208,106

318,130
5,678,163 1,075,339 1,092,250
444,494
6.001,735 14,610,111

Section 26. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System............
Personal Services........................................ 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

1,911,504 3,530,828

1,911,504 1,793,468

TUESDAY, JANUARY 30, 1996

Utilities Total

5,256,605 10,698,937

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.......................................! Student Education Enrichment Program....................................$ Forestry Research............................................................................! Research Consortium......................................................................! Total Funds Budgeted....................................................................! Department Income........................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

B. Budget Unit: Regents Central Office and Other Organized Activities....................................!
Personal Services: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research........................................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...............................! Capitation Contracts for Family Practice Residency......................................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Mercer Medical School Grant.......................................................! Morehouse School of Medicine Grant .........................................$ Capital Outlay.................................................................................! Center for Rehabilitation Technology.........................................! SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia Military College............................! CRT Inc. Contract at Georgia Tech Research Institute.......................................................................! Direct Payments to the Georgia Public Telecommunications Commission for Operations....................................................................................! Total Funds Budgeted....................................................................! Department Income........................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................!

359
5.052,791 8,757,763
1,082,918,474
1,157,881,143 202,917,763
289,713,286 145,787,679 15,314,094
994,628 364,360 362,508 5,000.000 1,818,335,461 42,000,000 348,705,442 341,684,245 3,027,300 1,082,918,474
169,477,145
262,043,649 69,874,000
126,354,428 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
14,227,443 544,261,103
0 109,330,000 264,898,258

360

JOURNAL OF THE HOUSE,

Indirect DOAS Services Funding. State Funds Budgeted....................

555,700 169,477,145

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 Total

$

1,962,984

$

3,923,849

$

1,388,994

$ 116,646,291

$

10,733,002

$

57,036,775

$

47,552,561

$ 245,207,899

$

2,731,531

2,746,641 23,590,701 2,920,000

3,121,122 24.698.753 544,261,103

1,345,184 1,532,120
988,994 13,623,799 2,547,910 36,448,122 29,740,244
31,697,885
2,731,531
512,595 23,590,701
0
121,122 24.596,938 169,477,145

C. Budget Unit: Georgia Public Telecommunications Commission ........................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................? Other Funds.....................................................................................! State Funds Budgeted....................................................................!

0 8,428,471 14.858.307 23,286,778 23,286,778
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 ........................................$ Special Funding Initiatives............................................................! Capital Outlay .................................................................................$ Capital Outlay - Agricultural Experiment Stations...................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

70.447,611
18,000,000 3,500,000
300,000 27,494,000 3,639,611 12,514,000 5,000,000
0 70,447,611 70,447,611

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 ........................................................................$

99.717.590 57,732,635 5,716,320
1,382,540 195,470 950,220
14,312,520 2,830,695

TUESDAY, JANUARY 30, 1996

361

Telecommunications .......................................... Per Diem, Fees and Contracts ......................... County Tax Officials/Retirement and FICA. Motor Vehicle Tags and Decals....................... Postage................................................................. Total Funds Budgeted....................................... Indirect DOAS Services Funding .................... State Funds Budgeted.......................................

3,136,805 575,300
3,358,795 10,349,350 3,877,810 104,418,460 3,845,000 99,717,590

Departmental Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

6,766,152 12,161,490 11,909,960 18,373,213 8,114,485 26,756,357 7,622,439 4,490,993 4,193,189
46,000 3,984,182 104,418,460

$

6,766,152

!

12,011,490

!

10,894,760

$

18,073,213

!

7,474,485

!

25,456,357

!

7,622,439

!

3,435,123

!

3,953,389

!

46,000

!

3,984,182

!

99,717,590

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......................................................! Elections Expense ...........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

28,331,341 17,457,681 3,623,106
243,800 105,510 93,840 2,423,043 2,462,246 957,367 1,309,748 700,000 29,376,341 28,331,341

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 4,761,689 5,035,065 4,266,357 1,144,112
382,802 10,061,184
70,000 29,376,341

!

3,625,132

!

4,686,689

!

4,265,065

$

4,246,357

!

1,144,112

!

382,802

$

9,911,184

$

70,000

!

28,331,341

B. Budget Unit: Real Estate Commission .........................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$

2.149,663 1,266,704
157,100 15,000 23,000

362

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

10,631 335,622 165,300 41,556 134,750 2,149,663 2,149,663

Departmental Functional Budgets

State Funds

Cost 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....................................................................!

2.112.494 1,054,598
210,954 40,520 27,450 11,910
9,000
90,591 19,090 486,842
330.000
2,280,955 2,112,494

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......................................................! 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....................................................................!

33,352,346 5,097,032
602,250 101,800
0 20,500 245,180 44,800 236,750 208,690 4,076,000 24,600,000 5,003,940 78,000 312,500 100,000 680,000 390,000 41,797,442 33,352,346

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education Assistance
Corporation

5,547,664

!

0

0

!

0

TUESDAY, JANUARY 30, 1996

363

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

32,240,440
1.009,338 41,797,442

32,802,698
549,648 33,352,346

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 ................................................................$

155,437,172 70,409,744 20,702,240 14,179,198 36,611,990
336,000 198,000 10,000,000 3,000.000 155,437,172 155,437,172

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 4,175,373 409,948 142,500 0 33,544 650,260 365,610 101,905 539,472
120,901,392 30,472,084
0 9,044,505 29,533,718 2,912,640 18,187.164 217,470,115 166,597,224

Departmental Functional Budgets

Total Funds

State Funds

364

JOURNAL OF THE HOUSE,

Administration Institutional Programs Total

6,418,612 211,051,503 217,470,115

4,348,626 162,248,598 166,597,224

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................................................................!

38,541,713
1,000,000
31,138,460 6,403,253 38,541,713 38,541,713

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....................................................................!

492,069,050 250,050,159 59,750,505
1,626,000 2,296,000 7,662,241 4,947,700 1,317,373 2,384,080 45,394,107 741,716,455
1,024,100 1,267,500 14,210,006
765,000
105,000 1,134,516,226
492,069,050

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

! 836,546,565

! 237,740,337

!

14,953,830

!

24,250,996

! 1,113,491,728

215,777,346 226,400,337
14,393,830 23,625,996 480,197,509

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

0 1,734,811 18,524,687
765,000 21,024,498

125,000 1,347,811 9,633,730
765,000 11,871,541

Section 36. Department of Veterans Service. Budget Unit: Department of Veterans Service.................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................!

24,343,698 4,950,939
235,829 82,000

TUESDAY, JANUARY 30, 1996

365

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....................................................................!

19,275 99,371 18,000 242,700 62,200 24,500
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 8,241,309
446,789 97,340
0 27,369 228,485 1,080,290 190,190 231,000 101,413 10,644,185 10,454,185

Section 38. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State General Funds (Issued)..................................................! Motor Fuel Tax Funds (Issued).............................................-!

452,486,999 70,000,000 522,486,999

B. Budget Unit:

State General Funds (New)..................................................!

0

Motor Fuel Tax Funds (New).................................................!

0

0

Section 39. Provisions Relative to Section 3, Judicial Branch. The appro priation 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

366

JOURNAL OF THE HOUSE,

required by Code Section 50-28-31, and including Georgia's pro rata share for the opera tion of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 9, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Vidalia Tift County
Gwinnett County Board of Education
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

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

$

5,000

$

50,000

$ 50,000

$

25,000

$ 134,000

$ 105,000

$

50,000

$

25,000

$

25,000

$

22,500

$

5,000

$ 40,000

Cobb County
City of Milan
Laurens County Board of Education
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

TUESDAY, JANUARY 30, 1996
Refurbishment and Restoration of B-29
Operations of Milan Arts Center
Renovate and equip Computer Room at S.W. Laurens Elementary School
Construction of a Classroom Building
Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta
Installation of Fire Hydrants and water lines
Renovation to Capitol View Elementary School
Purchase of Fire Truck Reimbursement for Legal
Expenses Repairs to the Gym/Civic
Center Renovations to Dawson Street
School in LaGrange
Construction c.f 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

367
30,000 25,000
10,000 75,000
20,000 20,000 11,500 10,000 50,000 75,000 25,000 30,000
5,000 75,000 50,000 35,000
25,000 5,000
20,000 79,489 40,000 30,000
75,000 10,000 10,000 15,000

368
of Education City of Lavonia Monroe County
City of Loganville DeKalb County
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

JOURNAL OF THE HOUSE,
Operation of Medical Station Water System Improvements Feasibility Study for
Bicycle Trail Repairs for Library Operations of Brown's Mill
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

25,000 25,000 10,000 15,000 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

Commissioners City of Quitman City of Quitman Brooks County
Bibb County Hall County Hall County Mitchell County Echols County Board
of Education Clinch County Board
of Education Lanier County Board
of Education Sumter County Brantley County Butts County Glynn County DeKalb County Bacon County City of Columbus Muscogee County
Muscogee County
Muscogee County Catoosa County City of Madison City of Atlanta Fulton County Fulton County City of Broxton
City of Columbus

TUESDAY, JANUARY 30, 1996
Improvements Construction of
Recreational Center Historical Preservation of
Beulah Baptist Church Repairs for Simmon Hill
Community and Recreation Center Operations of Macon Museum of Arts and Science Operations of Mentoring Program Renovations to EE Butler Community Center Construction of Agri-Center Completion of Covered Walkway System Completion of Education Facility Expansion to Education Facility Construction of New Recreation Complex Prosecution of Capital Offense Case Courthouse Renovations Operations of SHARE Rehabilitation Program Operation of Center for Visually Impaired Prosecution of Capital Offense Case Operation of Columbus Youth Network Operation of Combined Communities of Southeast Columbus Operation of Community Connection and Intervention Operation of Two Thousand Opportunities, Inc. Operation of Northwest Georgia Crisis Center Operation of Madison/Morgan Culture Center Operations of the Atlanta Respite Services, Inc. Purchase of Van for Sr. Citizens Program Restorations at Life Holding House Renovations to the Fire House
and Community Center To Operate Play and Learn
Together Program at Baker
Village and Canty Homes

369 75,000 18,000 15,000
10,000 50,000 20,000 25,000 25,000 15,000 15,000 15,000 50,000 35,000 25,000 15,000 50,000 35,000 5,000
25,000
15,000 25,000 15,000 25,000 45,000 35,000 10,000 40,000
25,000

370
Muscogee County
Fulton County
Clayton County 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

JOURNAL OF THE HOUSE,
To Operate Columbus Community Center
To Operate Community of Care Delivery System for At-Risk Children
Repairs to Securus 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

25,000
$ 150,000
$ 10,000
$ 75,000 $ 40,000 $ 25,000 $ 100,000 $ 40,000
$ 300,000 $ 40,000
$ 160,000
$ 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

Floyd County City of Rome
Dawson County 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

TUESDAY, JANUARY 30, 1996
in Jackson County 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 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

371 15,000 101,439
30,410 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

372
Pulaski County DeKalb County City of Jonesboro 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 Bibb County
City of Thomasville
Hall County
Newton County
Jackson County

JOURNAL OF THE HOUSE,
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 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 Loan Repayment for Macon-Bibb County Industrial Development Authority Loan Repayment for Thomasville Payroll Development Authority Loan Repayment for Gainesville and Hall County Development Authority Loan Repayment for Industrial Development Authority
Loan Repayment for Industrial Development
Authority

$

15,000

$ 30,000

$

40,000

$

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

$ 1,704,855

$

57,185

$ 508,450

$ 221,428

$

41,198

TUESDAY, JANUARY 30, 1996

373

Warren County

Loan Repayment for Development Authority

$ 725,959

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:

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 SPY 1996 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1996 shall not exceed 8.66%.

374

JOURNAL OF THE HOUSE,

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 Office 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.
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:

TUESDAY, JANUARY 30, 1996

375

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.
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 or as may be amended as recommended in the Governor's Amended Budget Report for Fiscal Year 1996, 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 cur rently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees

376

JOURNAL OF THE HOUSE,

in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any depart ment, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the 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.
Section 54. Wherever in this Act the term "Budget Unit Object Class" 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. Salary Adjustments. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a cost of living increase of 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 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 supervision caseloads. 11.) To provide a 4% salary increase for incumbent scientists in the Georgia Bureau of Investigation's Forensic Science Division.

TUESDAY, JANUARY 30, 1996

377

Section 56. Olympic Safety and Security.. In addition, to all other appropria tions for State Fiscal Year ending June 30, 1996, there is hereby appropriated $9,500,000 for the purposes described herein; (1) to cover the projected cost of the housing and food services contracts and (2) to cover equipment, overtime, training and other operational expenses associated with providing security during the 1996 Olympics.

Section 57. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1996

$ 10,980,393,127

Section 58. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 59. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1995-1996, as amended, known as the "General Appropriations Act" approved April 21, 1995 (Ga. L. 1995, p. 1082), is further amended by striking everything following the enacting clause through Section 60, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1995, and ending June 30, 1996, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $10,134,000,000 (excluding the Indi gent Trust Fund and Lottery Receipts) for State Funds 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 .................................................................................$ Per Diem Differential.....................................................................! 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....................................................................!

25,617,738 13,446,641 3,781,803 2,612,366
91,500 7,000
0 588,000 225,000 538,000
5,000 667,000 93,970
2,333,658 95,000
1,132,800 25,617,738 25,617,738

378

JOURNAL OF THE HOUSE,

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

3,882,923 801,781
1,139,854 5,824,558

3,882,923 801,781
1,139,854 5,824,558

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

$

10,136,252

$

560,470

$

1,423,074

$

12,119,796

10,136,252 560,470
1,423,074 12,119,796

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 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

TUESDAY, JANUARY 30, 1996

379

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 15,578,433
568,520 614,650 137,535
14,875 869,790 69,850 658,230 152,125 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....................................................................$

79,399,681 11,092,959 66,554,049 2,015,363
394,438 1,290,967
148,098 14,450 76,500 139,869 25,835 20,450 12,050 31,040 300,000 683,800 82,799,868 79,399,681

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

6,187,021 7,154,204 61,072,174 1,077,570
711,007 1,787,214
217,718 3,000,000
1,363,811
229,149 82,799,868

5,515,675 7,104,204 58,458,333 1,077,570
711,007 1,722,214
217,718 3,000,000
1,363,811
229,149 79,399,681

380

JOURNAL OF THE HOUSE,

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

41,921,650 49,212,510 13,562,262
484,133 663,160 2,020,580 17,445,782 3,540,623 2,896,435 4,181,726 11,792,750
0 2,972,744
0
781,972 59,072,580
896,550 27,000,000
650,000 87,000 48,500 85,000 197,394,307 41,921,650

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

?

1,318,944

?

3,075,590

$

12,935,516

?

521,505

?

3,051,174

?

599,180

?

21,066,445

$

46,164,552

?

4,615,951

?

81,752,025

?

9,761,892

?

2,598,736

?

1,281,707

?

3,601,297

?

485,878

$

0

?

1,079,064

$

3,484,851

? 197,394,307

559,858 2,947,078 9,962,772
521,505 3,051,174
0 0 14,048,279 0 5,850,000 0 0 0 650,000 485,878
0 634,424
3,210,682 41,921,650

B. Budget Unit: Georgia Building Authority. Personal Services........................................... Regular Operating Expenses....................... Travel..............................................................

0 20,980,434 5,096,676
12,000

TUESDAY, JANUARY 30, 1996

381

Motor Vehicle Purchases.................. Equipment........................................... Computer Charges.............................. Real Estate Rentals ........................... Telecommunications.......................... Per Diem, Fees and Contracts......... Capital Outlay .................................... Utilities ................................................ Contractual Expense.......................... Facilities Renovations and Repairs. Total Funds Budgeted....................... State Funds Budgeted.......................

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

$

5,638,802

!

4,640,092

$

6,667,136

$

380,794

$

4,005,645

$

13,392,346

$

0

$

0

$

36,351,064

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....................................................................!

117,064 1,699,038 1,643,300
268,000 50,000 75,000
1,500 0
30,400
1,700,000 0 0
5,467,238 117,064

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

37,543,571 32,015,270 4,530,070
959,114 626,192 447,575 450,000 814,475 412,585 990,107 946,000

382

JOURNAL OF THE HOUSE,

Veterinary Laboratories ................................ Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe .................................................... Veterinary Fees..................................................
Advertising Contract..... ..................................................................$ Payments to Georgia Agrirama Development
Authority for Operations.................................................. ..........$ Payments to Georgia Development Authority............................$ Renovation, Construction, Repairs
and Maintenance Projects at Major and Minor Markets......................................... ............................$ Capital Outlay.................................................................................! Contract - Federation of Southern Cooperatives................................................................! Boll Weevil Eradication Program.................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,658,940
2,535,464 412,000 100,000 175,000
705,708 250,000
0 0
40,000 0
49,068,500 37,543,571

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 15,576,681 6,768,104 6,443,897 3,381,727 8,074,143
582,215 49,068,500

7,460,733 12,628,689 3,093,104 6,174,397 3,252,027 4,934,621
0 37,543,571

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...........................................................-.......! State 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
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 ........................................................................$

9.237,778 7,551,993
466,380 399,855 78,955
6,800 312,033 327,850

TUESDAY, JANUARY 30, 1996

383

Telecommunications....,..................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

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 ................................................................................................I 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....................................................................!

126.551,890 75,995,034 7,235,195
893,360 293,990 392,781 248,289 1,690,876 904,505 5,496,762 2,224,904 562,330 3,715,495 17,629,542 13,080,930 840,691 131,204,684 126,551,890

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

30,527,446 14,382,009 9,758,770 5,867,725 5,554,542 15,888,883 2,425,064
476,414 1,049,780 32,484,195
1,002,375 652,358
7,029,368 4,105,755 131,204,684

29,010,079 13,806,351 9,101,481 5,594,785 5,288,761 15,742,079 2,425,064
476,414 1,049,780 31,657,240
1,002,375 652,358
7,029,368 3.715.755 126,551,890

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.......................................................................!

38.723.882 6,214,998
334,240 170,205
0 7,180 146,005 513,430 49,090

384

JOURNAL OF THE HOUSE,

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....................................................................!

217,000 0
2,272,825 9,817,413
97,100 30,000,000
0 774,059 126,790 750,000 4,625,000 4,607,000
2,305,898 7,000,000
750,000
216,138 0
225,000 0
71,219,371 38,723,882

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

34,579,959
3,880,669
32,758,743 71,219,371

33,305,892
3,707,663
1,710.327 38,723,882

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.........................................................................................!

682.643.296 472,230,436 56,134,874
2,202,700 3,128,720 4,498,745 5,530,990 5,986,101 6,930,550 8,059,901
234,450 22,530,660 1,600,000 16,893,100 7,508,207
0 1,152,000 4,059,700
1,376,000

TUESDAY, JANUARY 30, 1996

385

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....................................................................!

461,160 1,300,000 68,106,416
63,420
366,244 734,000 691,088,374 450,000
0 682,643,296

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

80,178,231

$ 500,280,837

$ 110,629,306

$ 691,088,374

$

78,423,821

! 497,023,344

$ 107,196,131

$ 682,643,296

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....................................................................!

41.394,832 33,206,024 1,560,147
587,000 78,000 271,000 313,200 2,634,111 951,700 1,118,650 650,000 25,000 41,394,832 41,394,832

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.........,..........................................................!

4,694,610 9,171,902 6,644,215
29,375 15,791 28,840 11,125 24,400 40,825 456,000
0 16,422,473 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

386

JOURNAL OF THE HOUSE,

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.................................! Limited English-Speaking Students Program............................! 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.................................................................!
Counselors........................................................................................!

3,779,739,189
36,353,475 6,319,446 1,518,118
139,665 339,231 8,364,242 1,521,366 1,323,661 21,194,388 962,485
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 95,532,367 627,252,894 136,815,917 (658,700,987) 77,462,514 149,218,645
160,777,464 3,341,971 22,166,686 69,091,100 70,986,887 563,759 10,876,940
179,775,843 5,173,750 54,732,103 1,546,207 39,621,548
188,375,722 26,798,985
2,005,097 8,899,461 3,528,045 21,568,381 4,782,130 2,818,424 6,661,809

TUESDAY, JANUARY 30, 1996

387

Vocational Research and Curriculum ..........................................$ Even Start ........................................................................................$ Salaries and Travel of Public Librarians ....................................$ Public Library Materials.............................,..................................$ Talking Book Centera.....................................................................$ 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....................................................$ 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 .............................................................................$ Advanced Placement Exams .........................................................$ Serve America Program ..........................................................,......$ Youth Apprenticeship Grants .......................................................$ Remedial Summer School..............................................................$ Alternative Programs..................................,...................................$ Environmental Science Grants......................................................$ Pay for Performance.......................................................................$ Mentoring Program.........................................................................$ Charter Schools ...............................................................................$ Technology Specialist .....................................................................$ Migrant Education..........................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

293,520 2,720,906 11,803,272 5,719,142
992,239 4,039,395 25,244,070 9,663,513
16,892,002 637,478
1,690,215 2,443,700 11,625,943 6,000,000
397,666 5,042,895
772,500
99,047,892 14,199,935 1,250,000
0 382,597 4,340,000 1,875,664 12,394,075 100,000 1,940,000 500,000 50,000 12,827,367 266.403 4,323,988,741 340,000 3,779,739,189

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

9,433,654 25,411,630 1,246,565 17,897,753 6,242,899
955,902 4,246,302,664
5,266,662 6,046,724 5,184,288 4,323,988,741

7,048,848
19,191,363 1,159,121 13,482,690 2,730,341
955,902 3,719,737,543
4,949,611 5,742,214 4.741.556 3,779,739,189

B. Budget Unit: Lottery for Education.. Pre-Kindergarten for 4-year-olds ..... Applied Technology Labs .................. Next Generation Schools................... Drug Anti-Violence Education.......... Alternative Programs..........................

210.606,245 187,646,245
0 500,000
0 5,000,000

388

JOURNAL OF THE HOUSE,

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................................................................!

900,000
0 250,000 11,950,000 1,200,000 1,000,000 2,160,000 210,606,245 210,606,245

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 1,867,088
354,000 20,500
0 20,608 564,140 302,000 39,231 1,304,000
0 4,471,567
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....................................................................!

36,458,648 30,021,438 5,931,099
159,937 1,313,670 1,757,312
416,000 54,764 928,106 411,831
0
30,000
60,000 241,752 41,325,909 36,458,648

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

1,777,188 35,453,642
4,095,079 41,325,909

!

26,304

$

32,505,420

!

3.926.924

$

36,458,648

Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation.................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$

46.667.108 33,795,416 4,092,182
539,727 830,397

TUESDAY, JANUARY 30, 1996

389

Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications .................. Per Diem, Fees and Contracts. Evidence Purchased................... Capital Outlay ............................ Total Funds Budgeted............... State Funds Budgeted...............

1,786,463 781,736
2,083,323 892,081
1,356,783 509,000 0
46,667,108 46,667,108

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

3,778,310 24,315,275 8,654,070 9,919,453 46,667,108

3,778,310 24,315,275 8,654,070 9.919,453 46,667,108

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....................................................................!

34.499,963 15,717,791 1,109,102
318,897 0
99,726 629,614 1,019,100 386,878 4,927,589 3,512,745 40,000 6,357,000 165,000 3,850,000 372,960 130,600
0 290,975 1,189,700 100,000 684,400 1,085,968
0 60,000 42,048,045 34,499,963

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

!

10,074,745

$

993,023

$

7,882,873

!

5,182,770

$

3,396,223

$

10,074,745

!

835,023

$

7,782,873

$

4,396,670

!

3,396,923

390

JOURNAL OF THE HOUSE,

Council Georgia Information Technology
Policy 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

356,491
354,600
1,351,302
1,900,826 320,864
4,828,157
5,179,611
226,560 42,048,045

89,065
354,600
411,983
547,826 320,864 4,828,157
1,235,374
226,560 34,499,963

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...........................................! Grant-in-Aid to Counties...............................................................! Grants to County
DFACS Operations......................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

696,974,929
51,069,425 2,309,688 1,357,311 1,691,555
95,600 4,828,364 5,344,953 1,374,048
680,361 254,000 46,878,658 36,503,743 73,440 995,980 15,826,037 350,000
741,211 170,374,374
412,600 107,264,884

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Office of Children and Youth Administrative Support Services Facilities Management 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

6,058,409 2,149,712 46,878,658 20,140,782 5,506,954
832,591 3,074,934 9,758,829 6,224,787 6,131,808 1,847,154 1,770,049
0 523,853

6,058,409 2,149,712 34,994,603 18,497,628 4,252,958
822,591 3,074,934 4,218,726 2,319,475 5,931,808 1,847,154 1,770,049 (8,355,268)
523,853

TUESDAY, JANUARY 30, 1996

391

Aging Services State Health Planning Agency D D Council Total

56,087,499 1,730,444 1,657,911
170,374,374

27,453,952 1,650,444 53,856
107,264,884

2. Public Health Budget: Personal Services..................... Regular Operating Expenses.
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications .......................................................................$ Special Purpose Contracts.............................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Institutional Repairs and Maintenance.......................................$ Postage..............................................................................................$ Grants for Regional Maternal and Infant Care..........................$ Medical Benefits..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

53,351,979 77,523,673
964,432 0
127,851 1,421,803 5,187,222 1,205,962 1,238,831
682,869 13,113,300 119,493,795
34,500 124,731
0 4,978,469 279,449,417
549,718 151,361,153

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Dental Health Stroke and Heart Attack
Prevention Sickle CJell, 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

12,564,340 1,295,984 1,513,813
2,601,837 4,303,429
5,505,221 2,256,390 10,084,152 82,463,644 61,489,732 13,211,627 3,274,089 1,830,780
495,945 969,937 6,658,655
1,188,122 1,194,476 2,479,915
560,561 542,182 5,068,567 1,201,784 301,180 1,949,489 1,882,812

12,434,665 1,116,788 1,191,638
1,530,878 3,888,424
5,393,221 400,525
5,415,855 0
60,590,878 6,605,813 1,960,907 1,686,617
345,955 0
5,237,894
870,322 505,089 937,097 560,561 542,182 5,068,567 1,004,559 100,000 1,949,489 1,653,133

392

JOURNAL OF THE HOUSE,

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

2,569,979 872,038
5,566,771 4,136,288
129,415 8,961,583 10,896,437 3,316,626 3,157,960
177,529 12,776,128
0 279,449,417

?

2,347,161

?

682,965

?

5,446,771

?

1,567,182

?

129,415

?

4,432,831

?

1,870,754

?

2,560,006

?

2,034,356

?

160,032

?

10,674,341

?

(1,535,718)

! 151,361,153

3. Rehabilitation Services Budget: Personal Services......................... Regular Operating Expenses..... Travel ............................................ Motor Vehicle Purchases ...........
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 Service Funding...................................................? State Funds Budgeted....................................................................?

75,340,932 12,552,958 1,218,988
83,000
743,880
4,676,391 8,356,334 2,457,974 1,704,334 25,249,433
0 713,163 10,799,323 215,000 937,269 817,786 145,866,765 100,000 24,217,831

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

<

49,164,050

i

975,265

,'

1,660,507

i

9,619,759

i

7,214,594

!

809,166

i

4,117,040

!

722,458

i

34,758,717

!

12,514,975

i

24,310,234

i

145,866,765

?

10,140,676

?

719,491

?

758,979

?

3,639,056

?

1,452,195

?

0

?

1,292,597

?

722,458

?

0

?

827,513

?

4,664.866

?

24,217,831

4. Family and Children Services Budget: Personal Services.................................... Regular Operating Expenses................ Travel....................................................... Motor Vehicle Purchases...................... Equipment...............................................

45,517,745 4,732,739
961,917 0
400,080

TUESDAY, JANUARY 30, 1996

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 Service 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 Employment Services 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 -
Homemaker Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Program 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

353,128

$

3,760,190

6,609,584

3,858,011

11,794,184

1,159,982

2,020,148

31,731,515

I,574,927

61,945,007

412,170,798

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 32,960,883 10,625,850 5,825,175 10,978,269 II,544,785 105,227,651
313,240 2,063,643 2,201,792
0 1,051,743,219

Budget Unit Object Classes:

393
3,199,423 19,519,509 27,758,670 9,664,964 2,201,792 424,009,918 4,695,445 203,382,509 15,912,456 4,734,156 285.051.896 1,051,743,219 2,565,582 414,131,061

State Funds

$

353,128

$

3,364,997

$

5,385,210

$

3,858,011

$

547,959

$

1,159,982

$

1,830,526

$

13,983,389

$

1,574,927

$

4,834,840

$ 156,709,968

$

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

$

21,575,631

$

8,329,504

$

4,901,767

$

8,237,408

$

7,408,642

$

32,696,098

$

156,620

$

1,813,841

$

2,201,792

$

(8,362.700)

$ 414,131,061

394

JOURNAL OF THE HOUSE,

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....................................................................! 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 ......................................$ Medical Benefits..............................................................................!

225,280,081 97,119,058 4,502,648
1,774,555 1,367,411 14,125,981 38,408,018 32,796,654 13,288,490 25,249,433
0 2,201,792 424,009,918 6,345,477 250,261,167 76,328,822 119,843,795
322,940 937,269 6,672,653 15,826,037
0 285,793,107
4,978,469

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....................................................................!

499,799.801 364,034,733 62,122,580
882,000 12,347,036 2,021,190 271,441,888 712,849,427 2,404,100 499,779,801

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

40,535,746 33,247,324
27,520,671 22,342,415
28,319,217 29,740,526 145,172,001
19,422,238 51,647,048
19,802,063

25,357,896 14,537,996
25,602,869 20,455,523
20,856,482
25,185,535 85,225,238 17,740,917
22,323,512
17,015,824

TUESDAY, JANUARY 30, 1996

395

Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

3,846,635 1,662,565
123,236,827
100,748,577
51,209,127 10,062,326 4,334,121 712,849,427

2,937,700 1,467,065
117,017,087
64,433,246
28,683,287 6,753,151 4,186.473 499,779,801

Section 18. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ...........................................
Personal Services.................. ........................................... Regular Operating Expenses .........................................
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.....................................! Georgia World Congress Center....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

28,367,568 9,297,710 1,621,170
347,500 59,978 137,872 149,938 1,024,915 336,000 1,417,010 181,600 10,859,580 1,240,000 74,095 50,000
0 2.500.000 29,297,368 28,367,568

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

17,912,679 4,551,599 1,694,389 5,138,701 29,297,368

!

17,292,879

!

4,451,599

$

1,694,389

!

4,928.701

!

28,367,568

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....................................................................!

15,788.518 13,982,959
722,723 401,560 145,850 66,880 442,990 806,814 317,300 208,242
0 17,095,318 15,788,518

396

JOURNAL OF THE HOUSE,

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

$

5.459,526

!

17,095,318

$

4,263,447

$

6,820,532

$

551,813

$

4,152,726

$

15,788,518

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...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

12,248,879 11,046,739
610,488 129,322
0 65,240 360,793 504,813 140,424 150,000 147,000 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...............................................................!

1,193.239.526 14,972,985 4,937,733 188,400 0

TUESDAY, JANUARY 30, 1996

397

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...............

39,500 27,341,065
885,000 425,000 67,660,024
3,314,513,242 772,500
3,431,735,449 1,193,239,526

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 Reimbursement Services General Administration Managed Care Legal and Regulatory Total

1,363,627
3,314,513,242 1,326,155 34,166,842 2,447,208 1,273,239 9,455,504 59,525,078 2,673,554 4,991,000
3,431,735,449

!

137,553

! 1,169,667,726

!

511,907

!

10,570,417

!

1,030,359

$

524,982

!

4,649,213

!

2,359,286

!

1,292,583

!

2,495,500

! 1,193,239,526

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 8,636,124 1,895,430
91,512 14,161 921,758 159,320,065 3,275,673 427,123 858,178,798 1,032,760,644 142,256 11,875,396 1,020,494,396
248,596 0

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Applicant Services Classification and Compensation

3,054,925 2,587,089 1,363,169

398

JOURNAL OF THE HOUSE,

Flexible Benefits Employee Training and Develop ment Health Insurance Administration Accounting and Audits Administration and Systems Total

1,177,099
1,301,859 1,019,564,515
1,160,976 2,551,012 1,032,760,644

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....................................................................................!

0 0 0 0 0
93,387,593 72,183,553 15,298,661
534,533 2,469,914 2,532,611 2,581,324 3,110,758
864,113 1,259,868
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
1,500,000 106,513
170,047 279,545
300,000
0 31,000 11,512,235 5,276,344
2,281,543 100,000 7,000
134,028,172
888,185
3,809,517

TUESDAY, JANUARY 30, 1996

399

Receipts from Lake Lanier Islands Development Authority..........................
Receipts from North Georgia Mountain Authority..................................................
Indirect DOAS Funding............................. State Funds Budgeted................................

2,663,931
1,422,256 200,000
93,387,593

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

4,884,646 2,555,848 2,351,344
41,542,320 2,430,445 35,290,759
43,733,688
1,239,122 134,028,172

4,884,646 2,555,848 1,861,344
15,934,854 2,309,936 30,546,338 34,055,505 1,239,122 93,387,593

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

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....................................................................!

100.084,190
59,382,404 7,805,450
132,617 4,093,430
515,752 3,701,067 2,773,116 1,418,147
494,086 150,000
0 0 80,466,069

400

JOURNAL OF THE HOUSE,

Indirect DOAS Service Funding. State Funds Budgeted..................

1,650,000 78,816,069

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....................................................................!

16,698,371 1,737,262
21,800 0
119,077
137,000 53,108 618,853 62,500
0 300,150
30,000
1,490.000 21,268,121
0 21,268,121

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

!

21,823,257

$

21,268,121

$

58,642,812

! 101,734,190

!

20,323,257

!

21,268,121

!

58,492.812

! 100,084,190

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........................................

14,635,111
8,183,176 2,770,007
113,799 72,536 263,728 187,762 169,001 164,171 757,341 2,846,425 3,705,160
0 19,233,106 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 Firelighters Standards
and Training Council Georgia Public Safety Training

3,530,970
5,703,163 1,390,494 1,212,250
444,494

!

318,130

!

5,703,163

!

1,075,339

!

1,092,250

$

444,494

TUESDAY, JANUARY 30, 1996

401

Facility Total

6,951,735 19,233,106

6,001,735 14,635,111

Section 26. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Payments to Employees 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
666,030 256,756 103,000 44,621 425,899 331,039 134,962 2,151,460 11,147,427 8,757,763

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

!

1,922,754

!

4,005,868

!

5,218,805

!

11,147,427

1,922,754 1,820,018 5,014,991 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.......................................! Student Education Enrichment Program....................................! Forestry Research............................................................................! Research Consortium......................................................................! Captial Outlay .................................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

1,080,833,474
1,155,881,143 202,917,763
289,713,286 145,787,679 15,229,094
994,628 364,360 362,508 5,000,000
0 1,816,250,461
42,000,000 348,705,442 341,684,245
3,027,300 1,080,833,474

B. Budget Unit: Regents Central Office and Other Organized Activities....................................!
Personal Services:

169,833,145

402

JOURNAL OF THE HOUSE,

Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology
Research........................................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...............................! Capitation Contracts for Family
Practice Residency......................................................................! Residency Capitation Grants.........................................................! Student Preceptorships ..................................................................$ Mercer Medical School Grant.......................................................! Morehouse School of Medicine Grant.........................................! Capital Outlay .................................................................................$ Center for Rehabilitation Technology .........................................$ SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants .........................................................$ Regents Scholarships......................................................................! Rental Payments to Georgia Military College............................! CRT Inc. Contract at Georgia Tech
Research Institute.......................................................................! Direct Payments to the Georgia Public
Telecommunications Commission for Operations....................................................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

262,153,399 69,874,000
126,595,678 38,184,000
0 2,392,532 1,979,060
3,548,759 2,484,870
146,400 6,619,012 5,549,778
35,000 2,072,196 5,352,800 1,347,852
600,000 200,000 1,034,952
219,372
14,227.443 544,617,103
0 109,330,000 264,898,258
555,700 169,833,145

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

1,962,984 3,923,849 1,388,994 116,731,291 10,733,002 56,986,775 47,668,561
245,207,899
2,781,531
2,746,641 23,745,701 2,920,000
3,121,122 24,698,753
0

1,345,184 1,532,120
988,994 13,708,799 2,547,910 36,398,122 29,856,244
31,697,885
2,781,531
512,595 23,745,701
0
121,122 24,596,938
0

TUESDAY, JANUARY 30, 1996

403

Total

544,617,103

169,833,145

C. Budget Unit: Georgia Public Telecommunications Commission ........................$
Personal Services...................................,.........................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................? Other Funds.....................................................................................$ State Funds Budgeted....................................................................$

0 8,428,471 17,358.307 25,786,778 25,786,778
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........................................? Captial 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................................................................?

71,947.611
18,000,000 3,500,000
300,000 27,494,000 3,639,611
0 12,514,000
0
0 5,000,000
1,500.000 71,947,611 71,947,611

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 PICA ..............................? Grants to Counties/Appraisal Staff..............................................? Motor Vehicle Tags and Decals....................................................? Postage..............................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.....,...........................................? State Funds Budgeted....................................................................?

99,717,590 57,732,635 5,716,320
1,382,540 195,470 950,220
14,312,520 2,830,695 3,136,805
575,300 3,358,795
0 10,349,350 3,877,810 104,418,460 3,845,000 99,717,590

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

6,766,152 12,161,490 11,909,960 18,439,213 8,114,485 26,690,357 7,622,439 4,490,993

6,766,152 12,011,490 10,894,760 18,139,213 7,474,485 25,390,357 7,622,439 3,435,123

404

JOURNAL OF THE HOUSE,

Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

4,193,189 46,000
3,984,182 104,418,460

Section 30. Secretary of State. A. Budget Unit: Secretary of State..
Personal Services........................... Regular Operating Expenses....... Travel .............................................. Motor Vehicle Purchases............. Equipment...................................... Computer Charges......................... Real Estate Rentals...................... Telecommunications..................... Per Diem, Fees and Contracts.... Election Expenses ........................ Total Funds Budgeted.................. State Funds Budgeted.................

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Business Services and Regulation Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

$

3,680,132

$

4,761,689

$

5,035,065

$

4,786,357

$

1,144,112

$

382,802

$

10,061,184

$

70,000

$

29,921,341

B. Budget Unit: Real Estate Commission. Personal Services..................................... Regular Operating Expenses .................. Travel......................................................... Motor Vehicle Purchases....................... Equipment................................................. Computer Charges................................... Real Estate Rentals................................ Telecommunications ............................... Per Diem, Fees and Contracts.............. Total Funds Budgeted............................ State Funds Budgeted............................

Departmental Functional Budgets

State Funds

Real Estate Commission

2,149,663

Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission.................................. Personal Services.......................................................................... Regular Operating Expenses...................................................... Travel.............................................................................................

3,953,389 46,000
3,984.182 99,717,590
28,876.341 17,482,681 3,987,106
243,800 105,510 93,840 2,573,043 2,462,246 957,367 1,315,748 700,000 29,921,341 28,876,341
State Funds
3,650,132 4,686,689 4,265,065 4,766,357 1,144,112
382,802 9,911,184
70,000 28,876,341
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
Cost of Operations
2,189,663
2.092,494 1,054,598
210,954 40,520

TUESDAY, JANUARY 30, 1996

405

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants.........................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

27,450 11,910 9,000 90,591 19,090 486,842 310,000 2,260,955 2,092,494

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

33,352,346 5,097,032
602,250 101,800
0 20,500 245,180
44,800
236,750 208,690
0 4,076,000 24,600,000 5,003,940
78,000 312,500 100,000 680,000 390,000 41,797,442 33,352,346

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education Assistance
Corporation Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

S

5,547,664

S

0

S

35,240,440

i

1,009,338

i

41,797,442

0 32,802,698
549,648 33,352,346

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.......................

153,270.172 68,242,744 20,702,240 14,179,198 36,611,990
336,000 198,000 10,000,000 3.000.000 153,270,172 153,270,172

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ........

4,075,000

406

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......................................................! Retirement System Members........................................................! Floor Fund for Local Retirement Systems.................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,407,014 462,000 30,000 0 13,100
1,045,542 469,750 151,157 401,000
3,650,000 425,000
11,054,563 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....................................................................!

166,703.649 4,175,373 409,948 142,500 0 33,544 650,260 365,610 101,905 539,472
121,007,817 30,502,033
0 9,044,505 29,503,769 2,912,640 18,187.164 217,576,540 166,703,649

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

6,418,612

! 211,157.928

! 217,576,540

!

4,348,626

! 162,355,023

! 166,703,649

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.......................

40,258.713
1,000,000
32,373,460 6,885.253 40,258,713 40,258,713

Section 35. Department of Transportation. Budget Unit: Department of Transportation.........
Personal Services.................................................. Regular Operating Expenses .............................. Travel.....................................................................

492,069,050 250,050,159 59,750,505
1,626,000

TUESDAY, JANUARY 30, 1996

407

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............................................

2,296,000 7,662,241 4,947,700 1,317,373 2,384,080 45,394,107 741,716,455
1,024,100 1,267,500 14,210,006
765,000
105,000 1,134,516,226
492,069,050

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 836,421,565

$ 237,740,337

$

14,953,830

$

24,250,996

$ 1,113,366,728

$ 215,777,346

! 226,400,337

!

14,393,830

$

23,625,996

! 480,197,509

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

125,000 1,734,811 18,524,687
765,000 21,149,498

125,000 1,347,811 9,633,730
765,000 11,871,541

Section 36. Department of Veterans Service. Budget Unit: Department of Veterans Service...........
Personal Services................................................. ....... Regular Operating Expenses .....,..............................
Motor Vehicle Purchases ...............................................................$ Equipment.......................................................................... ..............$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Operating Expense/Payments to Central
State Hospital..............................................................................? Operating Expense/Payments to Medical
College of Georgia .......................................................................I Regular Operating Expenses for Projects
and Insurance...............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

24.343.698 4,950,939
235,829 82,000 19,275 99,371 18,000 242,700 62,200 24,500
18,007,792
7,279,376
627,000 31,648,982 24,343,698

Departmental Functional Budgets

Total Funds

State Funds

408

JOURNAL OF THE HOUSE,

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 8,241,309
446,789
97,340
0
27,369 228,485 1,080,290 190,190 231,000 101,413 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)..............................................!

409,565,471 70.000,000 479,565,471

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New)..................................................! Motor Fuel Tax Funds (New).................................................!

42,579,732 0
42,579,732

Section 39. Provisions Relative to Section 3, Judicial Branch. The appro priation 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 opera tion 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

TUESDAY, JANUARY 30, 1996

409

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
Bleckley County Board of Education
City of Augusta
Lamar County Board of Commissioners
City of Atlanta Board

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 and Maintenance for Springer Opera House Operations of City of Graham Correctional Facility Renovation of Historic Jail To Purchase Vehicle and Video Monitoring and Surveilance Equipment Renovations for Sara Hightower Regional Library Improvements for Rolator Park Refurbishment and Restoration of B-29 Renovations to the Milan Arts Center Rent and Wiring of Modular Unit 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

$

5,000

$

50,000

$

50,000

$

25,000

$ 250,000

$ 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

410
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
DeKalb County City of Dalton
Clayton County Board of Education
Washington County
Washington County

JOURNAL OF THE HOUSE,
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
Project Learning Tree Construction of Livestock
Facility Construction of Health Clinic Restoration to the Historic
Well's House Additional Construction of
Worth County Agricultural/ Livestock Pavilion Equipment 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 Vocational Building
Operation of Medical Station Water System Improvements Feasibility Study for
Bicycle Trail Repairs for Library Operations of Brown's Mill
Recreation Operation of Youthbuild Operations of Northwest
Georgia Girl's Home Services provided by
Worktec Renovations to the T.J.
Elder Community Center To purchase Modular Building

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 35,000 5,000 50,000 125,000 10,000

TUESDAY, JANUARY 30, 1996

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
Bibb County
Hall County

for use as 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 Study and 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 and Equipment for Macon Little League
Water and Sewer Improvements
Construction of Recreational Center
Historical Preservation Activities in the City of Quitman
Repairs for Simmon Hill Community and Recreation Center
Expansion and Improvements to the Macon Museum of Arts and Science
Operations of Mentoring Program

411
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
10,000
50,000 20,000

412
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 Commissioners
Rabun County Board

JOURNAL OF THE HOUSE,
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 and Courthouse Renovations Courthouse Plans and Renovations Operations of SHARE Rehabilitation Program Operation of Center for Visually Impaired Prosecution of Capital Offense Case Equipment and 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 Family Crisis Center of Walker, Dade, Catoosa and Chattooga Counties, Inc. Renovations to the 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 and Equip the Columbus Community Center To Operate Community of Care Delivery System
for At-Risk Children Repairs to Securus
House

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 10,000

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 Polk County Board
of Education City of Cedartown
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

TUESDAY, JANUARY 30, 1996
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, Design and Site Acquisition of and 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
To Purchase Athletic Equipment
Operating Expenses for the Downtown Development Authority
Construction and Operation of Economic Development Information Center
Operating Expenses for the Burke County Development Authority
Construction and Operation of South DeKalb Business Incubator
For Auditorium Repairs Construction of a
Livestock Pavilion To Acquire and Operate
Peach Library Literacy Mobile For Repairs and Equipment
for the Rockmart Performing Arts Theater Repairs for Liberty County Courthouse Multi-purpose Complex Equipment and Improvements Old Greenville Depot Repairs To Purchase a Patrol Car For Human Resources Council

413 75,000 40,000 25,000 100,000 40,000
300,000 40,000
200,000
180,000 20,000 40,000 50,000
37,000
10,000
10,000
50,000
30,000
25,000
20,000
10,000 62,000
10,000 50,000 10,000 75,000 10,000

414
Floyd County City of Rome
Dawson County 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

JOURNAL OF THE HOUSE,
in Jackson County 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 County Library To Operate Litter Abatement Program To Operate Litter Abatement Program Renovations to Webster County Courthouse Renovation of Miller County Facility Construction of Health Clinic 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 Downtown Improvements To Construct Recreational Complex Operating Expenses for the Middle Georgia Easter Seal Program Building Improvements for the Coffee County Humane Society To Purchase Radio and Computer Equipment Paving for the Bleckley County Recreation Department To Purchase Building for the Senior Citizens Center To Purchase Video Equipment
for the Northside Fine Arts Program
Operating Expenses for the Houston County

15,000 101,439
30,410 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

TUESDAY, JANUARY 30, 1996

415

Pulaski County DeKalb County City of Jonesboro 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

Court Mediation Program Repairs for Hartford
Water System To Fund the Homeless Program For Historical Jonesboro
Renovations and Repairs Relocation, Renovation,
Equipment, Furniture and Operating Expenses for ARTS Clayton Parking Improvements Planning and Design of an Overhead Crosswalk on Washington Road Operating Funds for the Safe Campus Now Program Irrigation System for Glenloch Soccer Field Improvements to Andrews Island Improvements to Facilities at Treutlen County High School Operating Funds for Recreation and Historic Preservations Services Site Preparation at Industrial Park Operating Expenses for Jeff Davis County Hospital Authority Improvements to Water System 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

15,000
30,000 40,000 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

416

JOURNAL OF THE HOUSE,

standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, 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%.
It is the intent of this General Assembly that the State Personnel Board continue the base January 1, 1996 price arrangements for the pharmacy dispensing fee with indepen dent pharmacies.

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.

TUESDAY, JANUARY 30, 1996

417

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 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. In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $9,500,000 for the purpose of providing for housing contracts, for food service contracts, for overtime, for training and for other expenses related to security operations for the 1996 Olympic Games.
Section 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.

418

JOURNAL OF THE HOUSE,

The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1995 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.

TUESDAY, JANUARY 30, 1996

419

(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.

Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

A.) Maturities not to exceed sixty months.

Principal Amount

Debt Service

Repairs, renovations and maintenance projects at various Department of Technical and Adult Education facilities
Equipment for the golf course at George T. Bagby State Park
Feasibility study for modifying and deepening the Brunswick navigation channel
Upgrade two paper machines for the Herty Foundation
Equipment and lab renovations for the Governor's Traditional Industries Competitiveness Initiatives
Various repair and renovation projects at Augusta YDC
Design a cottage for Macon YDC Construction of a dining facility
at Milledgeville YDC

$

9,705,000 $

2,226,327

590,000

135,346

550,000 1,910,000

126,170 438,154

1,430,000
2,400,000 100,000
75,000

328,042
550,560 22,940
17,205

420

JOURNAL OF THE HOUSE,

Repairs and renovation projects at various facilities of the Department of Human Resources
Funds to design the Athens Veterinary Diagnostic Laboratory
Equipment for new and modified vocational high school laboratories

B.) Maturities not to exceed two hundred forty months.

Regular entitlements for 12

school systems

$

Regular advanced funding for

20 school systems

School consolidation for one system

Advanced incentive funding to

4 school systems

Construction of 9 public libraries

Funding for flood recovery at

Albany State

Construction of a humanities building

at Dalton College

Construction of an academic building

at Southern College of Technology

Construction of an athletic and

recreation complex at

Savannah State College

Construction of a classroom/student

center facility at Floyd College

Construction of a biology and chemistry

building at Valdosta State University

Completion of the Animal Science

Complex at the University of Georgia

Renovation of Brooks Hall at the

University of Georgia

Renovation of Price Memorial Hall

at North Georgia College

Renovation of an academic building

at Brunswick College

Funding for campus drainage system

improvements at South Georgia College

GPTC equipment and furnishings

Construction of a multi-purpose

sheep/swine building

Provide low interest loans to local

governments for water, sewer and

wastewater treatment projects

Matching funds for the Augusta Visitor

Information Center

Construct, furnish and equip the Columbus

Performing Arts Complex

Land acquisition under the River Care

2000 program

Completion of Phase II construction of

the 18-hole golf course at George T.

Bagby State Park

Construction of a meeting facility at

Georgia Veterans State Park

6,760,000 300,000
8,400,000
20,170,000 $ 53,370,000 5,315,000 14,145,000 11,885,000 7,050,000 5,860,000 12,435,000
10,800,000 4,355,000 20,885,000 2,090,000 2,000,000 2,545,000 2,010,000 1,325,000 10,300,000 2,045,000
20,000,000 1,835,000 15,000,000 5,000,000
1,500,000 2,000,000

1,550,744 68,820
1,926,960
1,795,130 4,749,930
473,035 1,258,905 1,057,765
627,450 521,540 1,106,715
961,200 387,595 1,858,765 186,010 178,000 226,505 178,890 117,925 916,700 182,005
1,780,000 163,315
1,335,000 445,000
133,500 178,000

TUESDAY, JANUARY 30, 1996

421

Construction of a facility for the Georgia Golf Hall of Fame
Completion of construction of Container Berth Seven
Governor's Road Improvement Program Spoilage area projects for
the Savannah Harbor Funding for water, sewer and
plumbing projects Perimeter fencing and security systems
at various YDCs and RYDCs Major construction projects for the
Department of Human Resources Renovations at Lee Arrendale CI Continue renovation of #2
Peachtree Building Continue renovation of the
Trinity-Washington Building Repair plaster, repaint and refinish
certain areas of the State Capitol Building Planning and design of two 250-bed YDC's in Muscogee and Sumter Counties Construction of three detention centers in the Department of Corrections Design of a Regional Business and Industry Training Center at Heart of Georgia Technical Institute Purchase and rehabilitation of existing and abandoned rail lines Repairs and maintenance at the State Farmers' Market

6,000,000
20,000,000 100,000,000
4,800,000
1,275,000 1,100,000 1,655,000 5,200,000 5,000,000 5,000,000
2,000,000 2,000,000 3,600,000
336,000 2,490,000 1,000,000

534,000 1,780,000 8,900,000
427,200 113,475 97,900 147,295 462,800 445,000 445,000
178,000 178,000 320,400
29,904 221,610 89,000

Section 58. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1996

$ 10,980,393,127

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.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1186, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1186 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

Representative Irvin of the 45th moved that HB 1186 be recommitted to the Commit tee on Appropriations.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe

N Bailey N Baker Y Bannister

N Barfoot N Bargeron
N Barnard

N Barnes Bates
N Benefield

N Birdsong Bordeaux
N Bostick

422

JOURNAL OF THE HOUSE,

Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner Y Bunn N Burkhalter
NByrd Y Campbell N Canty N Carter N Chambless N Channel! N Childers E Coker N Coleman, B N Coleman, T N Connell N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B
DeLoach, G NDix
N Dixon, H N Dixon, S N Dobbs

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

YKaye N Kinnamon
Y Klein NLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey
NLord N Lucas
Y Maddox YMann N Martin N McBee NMcCall N McClinton N McKinney Y Mills N Mobley, B
N Mobley, J N Mosley N Mueller N O'Neal N Orrock NParham N Parrish N Parsons E Pelote
N Perry
Y Pinholster
N Polak

On the motion, the ayes were 37, nays 122. The motion was lost.

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

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

Representative Ehrhart of the 36th moved that further consideration of HB 1186 be postponed until tomorrow.
On the motion, the roll call was ordered and the vote was as follows:

N Alien
N Anderson NAshe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard NBarnes
Bates N Benefield
N Birdsong Bordeaux
N Bostick Breedlove
Y Brooks, D N Brooks, T Y Brown, J N Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter N Chambless N Channell N Childers E Coker

N Coleman, B N Coleman, T N Connell N Crawford N Crews N Culbreth
N Cummings N Davis, G Y Davis, M YDay N DeLoach, B
DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart NEpps Y Evans Y Falls N Felton N Floyd N Godbee
Golden Goodwin N Greene Y Grindley N Hanner N Harbin Y Harris N Heard N Heckstall

N Hegstrom Y Hembree N Henson N Holland E Holmes N Howard N Hudson N Hugley Y Irvin N James N Jamieson
N Jenkins Y Johnson, G Y Johnson, J N Johnston N Jones Y Joyce YKaye N Kinnamon N Klein NLadd Y Lakly NLane N Lawrence NLee N Lewis
Y Lifsey NLord N Lucas Y Maddox YMann N Martin

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

N Sauder Scoggins
N Shanahan N Shaw
N Sherrill Shipp
N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V
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
Thomas N Tillman
Titus

TUESDAY, JANUARY 30, 1996

423

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

Y Wiles E Williams, B
Williams, J
N Williams, R

Y Woods
E Yates Murphy, Spkr

On the motion, the ayes were 32, nays 127. The motion was lost.

An amendment offered by Representative Mills of the 21st was ruled out of order.

The following amendment was read:
Representative Kaye of the 37th moves to amend the Committee substitute to HB 1186 as follows: Page 12 line 507 relating to "Next Generation School Grants" cut $1,943,700.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe N Bailey N Baker
Bannister NBarfoot N Bargeron N Barnard N Barnes
Bates N Benefleld N Birdsong N Bordeaux N Bostick
Breedlove
N Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter N Chambless N Channell N Childers E Coker N Coleman, B
N Coleman, T N Connell N Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
Day Y DeLoach, B
DeLoach, G YDix N Dixon, H
N Dixon, S N Dobbs Y Ehrhart NEpps Y Evans
Y Falls N Felton
N Floyd N Godbee N Golden
Good win N Greene Y Grindley N Manner N Harbin Y Harris N Heard N Heckstall N Hegstrom
Y Hembree N Henson N Holland E Holmes N Howard N Hudson N Hugley

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

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

On the adoption of the amendment, the ayes were 40, nays 120. The amendment was lost.

N Smyre Y Snelling NSnow N Stalling N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
S treat N Taylor N Teague N Teper
Thomas N Tillman
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
E Williams, B
Y Williams, J N Williams, R
Y Woods
E Yates
Murphy, Spkr

The following amendment was read:

Representative Snelling of the 99th moves to amend the Committee substitute to HB 1186 as follows:

424

JOURNAL OF THE HOUSE,

Delete lines 1626, 1627 & 1671 on page 37 Delete lines 1760 & 1761 on page 39 Delete line 1830 on page 41.

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

N Alien
N Anderson YAshe N Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnard N Barnes
Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter
NByrd Y Campbell N Canty N Carter
N Chambless N Channel! N Childers
E Coker Y Coleman, B
N Coleman, T N Connell Y Crawford

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

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

N Parrish N Parsons
E Pelote N Perry Y Pinholster NPolak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan NShaw N Sherrill
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
Smith, W

On the adoption of the amendment, the ayes were 53, nays 106. The amendment was lost.

N Smyre Y Snelling
Snow Y Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague NTeper
Thomas N Tillman
Titus Y Towery Y Trense N Turnquest
Twiggs N Walker, L Y Walker, R.L N Wall
N Watson
Watts
Y Westmoreland
N Whitaker
N White
Y Wiles
E Williams, B
Y Williams, J
Williams, R
Y Woods
E 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 Alien Y Anderson YAshe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron Y Barnard YBarnes
Bates

Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner

Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers E Coker Y Coleman, B

Y Coleman, T Y Connell Y Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B
DeLoach, G

YDix Y Dixon, H Y Dixon, S
Y Dobbs N Ehrhart
YEpps N Evans Y Falls Y Felton Y Floyd Y Godbee

TUESDAY, JANUARY 30, 1996

425

Y Golden Goodwin
Y Greene Y Grindley Y Manner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom
N Hembree Y Henson
Y Holland E Holmes Y Howard Y Hudson
Y Hugley Nlrvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones

N Joyce N Kaye Y Kinnamon N Klein
NLadd NLakly
YLane N Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas N Maddox YMann Y Martin Y McBee YMcCall 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 E Pelote Y Perry
N 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
N 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 Y 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 Y Teper Y Thomas YTillman
Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
N Westmoreland
Y Whitaker
Y White
N Wiles
E Williams, B
N Williams, J Y Williams, R
N Woods
E Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1186 was ordered immediately transmitted to the Senate.

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.

426

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 31, 1996

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 E. Ray Rhodes, Jr., Pastor, First Baptist Church of Dawsonville, Dawsonville, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1520. By Representative Greene of the 158th: A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Calhoun County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1521. By Representative Greene of the 158th: A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Clay County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, JANUARY 31, 1996

427

HB 1522.

By Representatives Joyce of the 1st and Kaye of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weapons, so as to repeal the laws relating to carrying a concealed weapon; the laws relating to carrying deadly weapons to or at public gather ings; the laws relating to carrying weapons at school functions or on school property.

January 30, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1522. This notice is made prior to or upon reading the bill the first time.
/s/ Brian D. Joyce Representative 1st District
Referred to the Committee on Public Safety.

HB 1523. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act consolidating the laws pertaining to the governing authority of Carroll County, so as to change certain age and residency quali fications and election requirements for members of that governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1524. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to transfer the intake and probation services of the Juvenile Court of Carroll County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1525. By Representatives Watson of the 139th and Powell of the 23rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia Real Estate Appraisers Board shall approve instructors of education courses for appraiser classifications and may require that instructors receive special instruction.
Referred to the Committee on Industry.

HB 1526. By Representative Barnes of the 33rd:
A bill to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations, so as to provide that any periods of limitation for bringing an action against a person or entity who files for relief under Section 301, 302, or 303 of Title 11 of the United States Code or makes application for relief under Section 5 (a) (3) of the Securities Investor Protection Act of 1970 shall be tolled during the continu ance of an automatic stay in bankruptcy.
Referred to the Committee on Judiciary.

428

JOURNAL OF THE HOUSE,

HB 1527. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide that the mayor of the City of Lithia Springs, and not a designee of the mayor, shall be an ex-officio mem ber of the authority board of directors.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1528. By Representative James of the 140th:
A bill to amend an Act creating a board of commissioners for Macon County, so as to change the compensation of the chairperson and members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1529. By Representatives Smith of the 109th, Sanders of the 107th and Maddox of the 108th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to the compensation and expenses of the mayor and members of the City Council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1530. By Representatives Jamieson of the 22nd, Watts of the 26th, Lee of the 94th, Chambless of the 163rd, Parrish of the 144th 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 provide that motor vehicles shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxation with one subclass including heavy-duty equipment motor vehicles.
Referred to the Committee on Ways & Means.

HB 1531. By Representatives Buckner of the 95th, Byrd of the 170th and Smith of the 169th:
A bill to amend Code Section 16-6-8 of the Official Code of Georgia Anno tated, relating to public indecency, so as to provide that the provisions of said Code section shall be cumulative to other laws and rules and regulations.
Referred to the Committee on Special Judiciary.

HB 1532. By Representatives Culbreth of the 132nd, Childers of the 13th, Buck of the 135th, Shipp of the 38th and Benefield of the 96th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Anno tated, relating to buildings presenting special hazards, so as to exempt cer tain personal care homes from the requirement of being furnished with a sprinkler system.
Referred to the Committee on Human Relations & Aging.

HB 1533. By Representatives Brush of the 112th and McCall of the 90th: A bill to create a board of elections and registration for Lincoln County.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, JANUARY 31, 1996

429

HB 1534. By Representatives Parsons of the 40th, Shipp of the 38th and Towery of the 30th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide that motor vehicles shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxation with one subclass including heavy-duty equipment motor vehicles.
Referred to the Committee on Ways & Means.
HB 1535. By Representatives Brown of the 130th and Smith of the 102nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Anno tated, relating to the definition of a designated felony act and restrictive cus tody disposition, so as to change the definition of the term "designated felony act".
Referred to the Committee on Special Judiciary.
HB 1536. By Representatives Martin of the 47th and Sinkfield of the 57th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxa tion, so as to provide in certain counties and school districts having a popula tion of 400,000 or more, that in negotiating the distribution certificate the amount of the proceeds shall not cause the percentage of such proceeds received by any other previously existing municipality to be reduced below the percentage which each such municipality was receiving immediately pre ceding the day the members of the first governing authority of such new qualified municipality took office.
Referred to the Committee on State Planning & Community Affairs.
HB 1537. By Representative Teper of the 61st:
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 provide that any person arrested under a warrant who is not brought before a judicial officer within 72 hours of such arrest shall be released.
Referred to the Committee on Special Judiciary.
HB 1538. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Anno tated, relating to the Court of Appeals, so as to increase the membership of the Court of Appeals; to provide that the court shall sit in four divisions; to provide for the manner in which cases are heard; to provide for the manner in which decisions can be overruled.
Referred to the Committee on Judiciary.
HB 1539. By Representatives Watts of the 26th, Smith of the 12th, Perry of the llth, Floyd of the 138th, Shaw of the 176th and others:
A bill to amend Code Section 30-5-4 of the Official Code of Georgia Anno tated, relating to the need for protective services for disabled adults, so as to change which persons must make certain reports; to provide for reporting the need for protective services for elderly adults.
Referred to the Committee on Human Relations & Aging.

430

JOURNAL OF THE HOUSE,

HB 1540. By Representatives Watts of the 26th, Parrish of the 144th, Watson of the 139th, Lucas of the 124th, Powell of the 23rd and others:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Anno tated, relating to regulation and licensure of boxing matches, so as to provide for the licensure, regulation, and taxation of promoters of boxing matches and pay-per-view and closed circuit boxing match telecasts.
Referred to the Committee on Industry.

HB 1541. By Representatives Byrd of the 170th, Randall of the 127th, Watson of the 139th, Birdsong of the 123rd, White of the 161st 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 provide for custody and visitation awards which provide continuing and approximately equal contact with both parents in certain circumstances.
Referred to the Committee on Judiciary.

HB 1542. By Representatives Epps of the 131st, Baker of the 70th and Smyre of the 136th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive license plates for members of 100 Black Men of America, Inc., or 100 Black Men of Atlanta, Inc.
Referred to the Committee on Motor Vehicles.

HB 1544. By Representatives Canty of the 52nd and Sinkfield of the 57th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia Anno tated, relating to general and career education programs, so as to provide that student academic performance shall be one of the criteria to be consid ered by local school systems annually in making grade placement decisions.
Referred to the Committee on Education.

HR 915. By Representatives Teague of the 58th, McKinney of the 51st, Brooks of the 54th, Tillman of the 173rd, Stanley of the 49th and others:
A resolution creating the House Minimum Wage Study Committee.
Referred to the Committee on Rules.

HR 929. By Representatives Martin of the 47th and Sinkfield of the 57th:
A resolution proposing an amendment to the Constitution so as to provide that notwithstanding any other provision of said Constitution, the General Assembly shall be authorized to provide by general or local law for ad valo rem tax revenue sharing between one or more municipalities, counties, or any combination thereof so as to assist in stablizing or reducing certain ad valo rem tax rates.
Referred to the Committee on State Planning & Community Affairs.

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

WEDNESDAY, JANUARY 31, 1996

431

HB 1555. By Representatives Chambless of the 163rd, Randall of the 127th and Crawford of the 129th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Anno tated, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties therefor, so as to change penalties for manufacture, delivery, distribution, dispensing, administering, selling, or possessing with intent to distribute certain controlled substances.
Referred to the Committee on Judiciary.

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

HB 1502 HB 1503 HB 1504 HB 1505 HB 1506 HB 1507 HB 1508 HB 1509 HB 1510 HB 1511 HB 1512 HB 1513 HB 1514 HB 1515 HB 1516 HB 1517 HB 1518

HB 1543 HR 901 HR 902 HR 909 HR 910 HR 912 SB 217 SB 483 SB 508 SB 521 SB 529 SB 560 SB 563 SB 564 SB 572 SB 590 HB 1519

Pursuant to Rule 52, Representative Davis of the 60th moved that the following Bill of the House be engrossed:

HB 1519.

By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official folk dance of the State of Georgia.

The motion prevailed.

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 has instructed me to report the same back to the House with the following recommendations:
HB 1142 Do Pass HB 1214 Do Pass, as Amended HR 769 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
Chairman

432

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 838 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1312 Do Pass HB 1401 Do Pass, by Substitute HB 1455 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 900 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 has instructed me to report the same back to the House with the following recommendations:
HB 1374 Do Pass HB 1483 Do Pass HB 1500 Do Pass

WEDNESDAY, JANUARY 31, 1996

433

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

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

HB 1374. By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Norcross," so as to change a certain definition; to authorize the city to maintain a retirement plan for municipal employees.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1483. By Representative Twiggs of the 8th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to provide that the mayor shall serve a term of four years.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1500. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

434

JOURNAL OF THE HOUSE,

SB 67. By Senator Farrow of the 54th:
A bill to amend Code Section 47-13-72 of the O.C.G.A., relating to spouses' benefit coverage under the District Attorneys' Retirement System, so as to provide that members of such retirement system may elect such benefits for a spouse who became a spouse while such member was a member by making such election prior to December 31, 1996, or six months subsequent to such marriage, whichever date is later.
SB 163. By Senator Pollard of the 24th:
A bill to amend Code Section 47-7-40 of the Official Code of Georgia Anno tated, relating to eligibility to apply for membership in the Georgia Firemen's Pension Fund, so as to provide that any member of the fund, who first became a member of the fund prior to July 1, 1996, may also be a mem ber of the Peace Officers' Annuity and Benefit Fund; to provide a definition; to provide that any person who applies for membership in the fund on or after such date shall not be eligible for membership.

SB 225. By Senators Kemp of the 3rd, Boshears of the 6th, Blitch of the 7th and others:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Anno tated, relating to the District Attorneys' Retirement System, so as to repeal a prohibition against the private practice of criminal law by a district attor ney who retires under said chapter; to provide an effective date and condi tions for automatic repeal.

SB 304. By Senator Brown of the 26th:
A bill to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Water Commissioners-Pension Plan," as amended, so as to provide an increase in retirement benefits for members who retired during a certain period; to pro vide conditions for an effective date and automatic repeal.

SB 403. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and Henson of the 55th:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries pub lic, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerks of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct; to provide an exception.

SB 622. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, as amended, so as to change the provisions relating to the compensation of the members and chairperson of said board; to provide an effective date.

HB 1333.

By Representative Carter of the 166th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the compensation of the members of the board of commis sioners; to amend an Act providing for the election of the members of the board by the qualified voters of the entire county.

WEDNESDAY, JANUARY 31, 1996

435

HB 1373. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Ivey in Wilkinson County, so as to change the powers of the judge of the municipal court.

HB 1376. By Representative Smith of the 175th: A bill to provide a new charter for the City of Woodbine.

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

SB 67. By Senator Farrow of the 54th:
A bill to amend Code Section 47-13-72 of the O.C.G.A., relating to spouses' benefit coverage under the District Attorneys' Retirement System, so as to provide that members of such retirement system may elect such benefits for a spouse who became a spouse while such member was a member by making such election prior to December 31, 1996, or six months subsequent to such marriage, whichever date is later.
Referred to the Committee on Retirement.

SB 163. By Senator Pollard of the 24th:
A bill to amend Code Section 47-7-40 of the Official Code of Georgia Anno tated, relating to eligibility to apply for membership in the Georgia Firemen's Pension Fund, so as to provide that any member of the fund, who first became a member of the fund prior to July 1, 1996, may also be a mem ber of the Peace Officers' Annuity and Benefit Fund; to provide a definition; to provide that any person who applies for membership in the fund on or after such date shall not be eligible for membership.
Referred to the Committee on Retirement.

SB 225. By Senators Kemp of the 3rd, Boshears of the 6th, Blitch of the 7th and others:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Anno tated, relating to the District Attorneys' Retirement System, so as to repeal a prohibition against the private practice of criminal law by a district attor ney who retires under said chapter; to provide an effective date and condi tions for automatic repeal.
Referred to the Committee on Retirement.

SB 304. By Senator Brown of the 26th:
A bill to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Water Commissioners-Pension Plan," as amended, so as to provide an increase in retirement benefits for members who retired during a certain period; to pro vide conditions for an effective date and automatic repeal.
Referred to the Committee on Retirement.

436

JOURNAL OF THE HOUSE,

SB 403. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and others:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries pub lic, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerks of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct; to provide an exception.
Referred to the Committee on Judiciary.

SB 500. By Senators Langford of the 29th, Land of the 16th and Dean of the 31st:
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 groundwater use, so as to provide that persons in violation of certain provisions relating to the operation of certain sewer systems shall be subject to certain civil penalties; to provide that persons in violation of certain provisions relat ing to the discharge of pollutants shall be subject to certain civil penalties.
Referred to the Committee on Natural Resources & Environment.

SB 622. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, as amended, so as to change the provisions relating to the compensation of the members and chairperson of said board; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Powell of the 23rd moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 1230. By Representatives Powell of the 23rd, Porter of the 143rd, Cummings of the 27th, Brush of the 112th, Harbin of the 113th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit issuance of Class M drivers' licenses and Class M commercial drivers' licenses to persons who have not completed an approved motorcycle operator safety training program; to change the requirement of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain persons.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen N Ashe Y Bailey
Baker Y Bannister YBarfoot
Bargeron Y Barnard
Barnes N Bates Y Benefield Y Birdsong N Bordeaux

N Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush Y Buck
Buckner Y Bunn Y Burkhalter Y Byrd N Campbell Y Canty Y Carter

N Chambless Y Channell Y Childers
Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Day

Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Epps Evans Palls N Felton Y Floyd Y Godbee Golden

Y Goodwin N Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall N Hegstrom Y Hembree Y Henson N Holland N Holmes Y Howard

WEDNESDAY, JANUARY 31, 1996

437

Y Hudson
N Hugley N Irvin
Y James Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye N Kinnamon Y Klein NLadd YLakly YLane
Lawrence YLee Y Lewis Y Lifsey
Lord

Lucas Y Maddox
YMann N Martin Y McBee Y McCall Y McClinton Y McKinney N Mills N Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote N Perry Pinholster N Polak

Porter Y Poston Y Powell
Purcell, A Y Purcell, B N Randall E Randolph
Ray N Reaves
Reichert Y Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scoggins N Shanahan YShaw N Sherrill Y Shipp N Simpson
Sinkfield

On the motion, the ayes were 104, nays 38. The motion prevailed.

Y Skipper Y Smith, C
Smith, C.W Y Smith, L N Smith, P Y Smith, T
Smith, V Smith, W Smyre Y Snelling YSnow N Stallings
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat N Taylor Teague N Teper Thomas

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

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

HR 900. By Representatives Murphy of the 18th, Lee of the 94th and Walker of the 141st:
A resolution honoring Phil Niekro and inviting him to appear before the House of Representatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 1380.

By Representatives Heckstall of the 55th, Davis of the 48th, Holmes of the 53rd, Bunn of the 74th, Roberts of the 162nd and others:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that owners of rental dwellings may obtain criminal history records of prospective renters with the consent of the person whose records are requested.

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 Alien Y Anderson 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 Brooks, T Y Brown, J Y Brush YBuck 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 Y Crawford
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 Golden
Y Goodwin Y Greene Y Grindley
Y Manner Y Harbin Y Harris
Y Heard Y Heckstall
Hegstrom

438

JOURNAL OF THE HOUSE,

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 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
McCall
Y McClinton McKinney
Y Mills
Mobley, B Y Mobley, J Y Mosley
Mueller
Y O'Neal Orrock
Y Parham Y Parrish Y Parsons E Pelote

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

Y 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
Smyre Y Snelling
YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor Teague Y Teper

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

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 783. By Representatives Irvin of the 45th, Crews of the 78th, Johnson of the 97th, Maddox of the 108th, Barnard of the 154th and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to require certain statistical summaries regarding certain means-tested programs; to provide for sample surveys of certain assistance recipients.

Representative Coleman of the 142nd moved that HB 783 be recommitted to the Committee on Children and Youth.

Representative Irvin of the 45th moved the previous question.

Representative Jamieson of the 22nd moved that HB 783 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson N Ashe Y Bailey Y Baker N Bannister Y Barfoot
Bargeron N Barnard N Barnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner NBunn N Burkhalter

YByrd N Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers N Coker N Coleman, B Y Coleman, T Y Connell N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix
Dixon, H Dixon, S N Dobbs

N Ehrhart YEpps N Evans N Falls N Felton Y Floyd
Y Godbee Y Golden
Goodwin Y Greene N Grindley Y Hanner N Harbin N Harris 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
Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein NLadd N Lakly
NLane N Lawrence YLee N Lewis
N Lifsey YLord Y Lucas N Maddox NMenn Y Martin

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

E Randolph Ray
Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders NSauder YScoggins Y Shanahan Y Shaw

WEDNESDAY, JANUARY 31, 1996

Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W

Y Smyre N Snelling Y Snow Y Stallings Y Stand!, F N Stancil, S Y Stanley, L
Stanley, P Stephenson Y Streat Y Taylor Y Teague

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

439
Y Watts N Westmoreland N Whitaker Y White N Wiles
Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 94, nays 72. The motion prevailed.

Woods - 32nd
Explanation of Vote on HB 783
I voted against the motion to table HB 783 because it was an effort by the Chairman of Appropriations, who made the motion to table, to put several reform amendments back into the deep-freeze of the Children and Youth Services Committee, where the correspond ing bills have been held without action since their introduction. Included among the amendments were provisions against providing welfare payments and benefits to unwed teenage mothers not living with adults, and provisions against granting additional welfare payments and benefits for each child subsequently borne. Such state subsidies of illegiti macy have fueled crises in welfare, education and crime, and have wreaked havoc upon the family unit. The resulting social pathology has damaged the black community in particu lar, to an extent comparable only to the slavery. The underlying bill would have deter mined the size, scope and cost of 75 welfare programs so that we can know for what we are paying, and begin to assess what we are getting for our investment, so that we can begin to manage welfare expenditures in a way that is consistent with the will of the peo ple. This vote was a vote to keep the blindfold on.
/s/ Jim Woods

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 660 Do Pass, by Substitute HB 1154 Do Pass, by Substitute HR 792 Do Pass
Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

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

440

JOURNAL OF THE HOUSE,

HR 743. By Representatives Smith of the 175th, Shanahan of the 10th, Purcell of the 9th, Day of the 153rd, Lewis of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the School Board of Education by the vot ers of each congressional district and to provide for the appointment of the state school superintendent by the State Board of Education; to provide for the submission of this amendment for ratification or rejection.

The following Committee substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the mem bers of the State Board of Education by the voters of each congressional district and to provide for the appointment of the state school superintendent by the State Board of Edu cation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows:
"(a) As used in this Paragraph, the term 'public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the elected State School Superintendent, the Commissioner of Insurance, the Commissioner of Agricul ture, the Commissioner of Labor, and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commis sion shall be composed of the Attorney General, the Secretary of State, the elected State School Superintendent, the Commissioner of Insurance, the Commissioner of Agricul ture, and the Commissioner of Labor. If the indicted public official is the Attorney Gen eral, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hear ing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment

WEDNESDAY, JANUARY 31, 1996

441

occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after con viction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he the officer was suspended. While a public official is suspended under this Par agraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from his the office. After initial conviction by the trial court, the offi cer shall not be entitled to receive the compensation from his the office. If the officer is reinstated to office, be the officer shall be entitled to receive any compensation with held under the provisions of this Paragraph."
SECTION 2. Article V, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commis sioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."
SECTION 3. Article V, Section III, Paragraph I of the Constitution is amended by striking said Para graph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor."
SECTION 4. Article V, Section III, Paragraph II of the Constitution is amended by striking subpara graph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:
"(a) No person shall be eligible to the office of the Secretary of State, Attorney Gen eral, State School Superintendent, Commissioner of Insurance, Commissioner of Agricul ture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and secu rity, as prescribed by law, for the faithful discharge of their duties."
SECTION 5. Article V, Section IV, Paragraph I of the Constitution is amended by striking said Para graph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieu tenant Governor, the Secretary of State, the Attorney General, the elected State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor."
SECTION 6. Article VIII, Section II, Paragraph I of the Constitution is amended by striking subpara graph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor shall net be et member ef- said- beard- who shall be elected

442

JOURNAL OF THE HOUSE,

by a majority vote of the voters casting votes for that office within that congressional district only at the state-wide general election conducted in 1998 and every four years thereafter. The te members in office on Jtme 30j 4983 July 1, 1996, shall serve eat the remainder of their respective terms for terms which expire December 31, 1998, and upon the election and qualification of their respective successors. As each term ef- office
CXplFCS, ulG \J OVCTftOF 8ftfi.ll flppOlIlti ft 8UCCSSOP ftS ilCfCIO pPOVl uQ. i ftC t6miS OI OII1CC
of all members appointed after the effective date ef this Constitution elected under this subparagraph shall be for seven four years and shall begin on the first day of January immediately following their election. Members shall serve until their successors are appointed elected and qualified. The General Assembly shall provide by general law for election procedures and qualifications. In the event of a vacancy on the appointed board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until con firmed by the Senate and, upon confirmation, shall serve for the unexpired term of office. In the event of a vacancy on the elected board for any reason other than expira tion of a member's term and that vacancy occurs during the final 27 months of such member's term, the Governor shall appoint a person to fill such vacancy for the unex pired term. In the event of such a vacancy on the elected board which occurs at any time prior to the final 27 months of the member's term of office, the Governor shall appoint a person to fill that vacancy until that vacancy is filled for the unexpired term at a special election conducted at the time of the next general election following the occurrence of that vacancy."
SECTION 7. Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Para graph in its entirety which reads as follows:
"Paragraph I. State School Superintendent. There shall be a State School Superin tendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.", and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. State school superintendent. There shall be a state school superintend ent, who shall be the executive officer of the State Board of Education. The person elected to the office of State School Superintendent at the November general election in 1994 shall continue to serve as State School Superintendent until December 31, 1998, and until the appointment and qualification of a successor. Thereafter, the state school superintendent shall be appointed by the State Board of Education to serve for a term of office of four years and until the appointment and qualification of a successor. In the event of a vacancy in such office for any reason other than the expiration of the term, the State Board of Education shall appoint a person to serve out the unexpired term and until a successor is appointed and qualified. The appointed state school superin tendent may be removed from office by the State board of Education as provided by general law. The state school superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Edu cation shall be eligible for appointment as state school superintendent during the term of office for which the member was elected as a member of the State Board of Educa tion."
SECTION 8. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

WEDNESDAY, JANUARY 31, 1996

443

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for the election of the members of the State Board of Education by the voters of each congressional district and for the appointment of the state school superintendent
by the State Board of Education?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it
shall become a part of the Constitution of this state.

The following amendment was read:

Representative White of the 161st moves to amend the Committee substitute to HR 743 as follows:
Adding on Page 6, Line 8 after the word superintendent, "and the State Board members".

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

Y Alien Y Andersen YAshe Y Bailey
Baker N Bannister YBarfoot Y Bargeron Y Barnard YBarnes N Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner Y Bunn N Burkhalter NByrd Y Campbell Y Canty N Carter N Chambless Y Channell
Childers Y Coker Y Coleman, B
Coleman, T Y Connell N Crawford

Y Crews N Culbreth
Cum in ings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans N Falls Y Felton N Floyd YGodbee N Golden
Goodwin Greene Y Grindley Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James
Jamieson Y Jenkins N Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein NLadd N Lakly YLane
Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddoi NMann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B Y Randall E Randolph
Ray Reaves Y Reichert Y 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 N Smith, W

On the adoption of the amendment, the ayes were 122, nays 37. The amendment was adopted.

YSmyre Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephenson S treat Y Taylor YTeague YTeper Y Thomas Y Tillman N Titus Y Towery Y Trense Y Turnquest E Twiggs Y Walker, L N Walker, R.L YWall
Y Watson Y Watts N Westmorland Y Whitaker Y White N Wiles
Williams, B Y Williams, J Y Williams, R Y Woods
NYates Murphy, Spkr

The following amendment was read and withdrawn:

Representative Mueller of the 152nd moves to amend the Committee substitute to HR 743 as follows:

444

JOURNAL OF THE HOUSE,

Strike p. 4 line 26 through line 29 thereafter. Insert vote of the members of the General Assembly who represent that Congressional district.
Strike page 4 line 40 The General Assembly to p. 5 line 16. Insert: In the event of a vacancy on the board the term shall be filled by a majority vote of the members of the General Assembly who reside in that Congressional district.
The following amendment was read:
Representative Ladd of the 59th moves to amend the Committee substitute to HR 743 as follows:
Page 5, line 16, after the period insert the words:
"In the event of a reconfiguration of congressional districts during the terms of these members, the terms shall conclude after two years, with a new election held along with the congressional elections of such newly configured districts."

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

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

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

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

N Parrish Y Parsons E Pelote N Perry N Pinholster N Polak N Porter N Poston N Powell
N Purcell, A N Purcell, B N Randall E Randolph
Ray N Reaves
N Reichert N Roberts
N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan
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 N Smith, V Y Smith, W

On the adoption of the amendment, the ayes were 28, nays 134. The amendment was lost.

The following amendment was read:

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

Representatives Williams of the 83rd, Powell of the 23rd and McCall of the 90th move to amend the Committee substitute to HR 743 by striking lines 2 through 5 on page 1 and inserting in lieu thereof the following:

WEDNESDAY, JANUARY 31, 1996

445

"for the election of the members of the State Board of Education by the members of the Georgia House of Representatives and Senate representing each respective congressional district; to provide".
By striking lines 26 through 28 on page 4 and inserting in lieu thereof the following:
"vote of the members of the House of Representatives and Senate whose respective dis tricts are embraced or partly embraced within such congressional district meeting in caucus".
By striking on line 29 on page 4 the word "thereafter".
By striking lines 42 and 43 on page 4 and inserting in lieu thereof the following:
"qualifications and filling vacancies on the board, fe th event ef a vacancy e the bear by death, resignation, removal, any".
By striking lines 1 through 16 on page 5 and inserting in lieu thereof the following:

and the person se appointed shall serve until confirmed fey the Senate and; upon confir mation, ahall serve for the uncxpircd term ef office.'"

By striking lines 22 and 23 on page 6 and inserting in lieu thereof the following:

"I ) NO

State Board of Education by the vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus and for the appointment".

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

N Alien N Anderson Y Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard N Barnes Y Bates Y Benefleld Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck N 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 Y Connell Y Crawford

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

Y Irvin N James
Jamieson
N Jenkins Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee N Lewis Y Lifsey NLord 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 N O'Neal N Orrock YParham

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

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

446

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 117, nays 49. The amendment was adopted.

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to HR 743 by striking lines 4 and 5 on page 1 and inserting in lieu thereof the following:
"to provide that the State School Superintendent shall be designated the Commissioner of Education and to provide for the powers, duties, and authority of that position; to pro vide".
By striking lines 16 and 17 on page 1 and inserting in lieu thereof the following:
"Secretary of State, the Attorney General, the State School Superintendent Commis sioner of Education, the Commissioner of.
By striking lines 31 and 32 on page 1 and inserting in lieu thereof the following:
"General, the Secretary of State, the State School Superintendent, the Commissioner of Education, the Commissioner of Insurance, the".
By striking line 9 on page 3 and inserting in lieu thereof the following:
"School Superintendent, Commissioner of Education, Commissioner of Insurance,".
By striking line 24 on page 3 and inserting in lieu thereof the following:
"Superintendent, Commissioner of Education, Commissioner of Insurance, Commissioner of.
By striking line 37 on page 3 and inserting in lieu thereof the following:
"Superintendent Commissioner of Education, Commissioner of Insurance, Commissioner of.
By striking lines 13 and 14 on page 4 and inserting in lieu thereof the following:
"the Attorney General, the State School Superintendent, the Commissioner of Educa tion, the Commissioner of Insurance, the".
By striking lines 33 through 43 on page 5 and lines 1 through 13 on page 6 and inserting in lieu thereof the following:
'"Paragraph I. Commissioner of Education, (a) There shall be a Commissioner of Edu cation, who shall be the chief executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Gover nor. The Commissioner of Education shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as Commissioner of Education during the time for which such member shall have been elected a member of the State Board of Education.
(b) As the chief executive officer of the State Board of Education, the commissioner shall have direct and full control of the Department of Education. He or she shall pos sess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the State Board of Education.'"
By striking lines 23 through 25 on page 6 and inserting in lieu thereof the following:
"congressional district and to provide that the State School Superintendent shall be des ignated the Commissioner of Education and for the duties, powers, and authority of that position?'"

WEDNESDAY, JANUARY 31, 1996

447

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

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

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

Ylrvin N James
Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly
YLane Lawrence
YLee Y 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 N Orrock YParham

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

On the adoption of the amendment, the ayes were 85, nays 82. The amendment was adopted.

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

Representative Smith of the 175th moved that HR 743 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey Y Baker N Bannister Y Barfoot N Bargeron N Barnard YBarnes N Bates N Benefield Y Birdsong Y Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner NBunn N Burkhalter NByrd

Y Campbell N Canty N Carter Y Chambless N Channell Y Childers N Coker N Coleman, B N Coleman, T N Connell 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 Y Dobbs N Ehrhart YEpps

N Evans N Falls N Felton N Floyd Y Godbee N Golden
Good win N Greene N Grindley N Hanner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson N Holland
Y Holmes N Howard N Hudson Y Hugley NIrvin Y James
Jamieson

Y Jenkins N Johnson, G N Johnson, J N Johnston
Y Jones N Joyce NKaye N Kinnamon N Klein NLadd
N Lakly NLane
Lawrence
NLee N Lewis
N Lifsey YLord 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 N Mueller Y O'Neal Y Orrock Y Parham N Parrish N Parsons E Pelote N Perry N Pinholster Y Polak Y Porter N Poston Y Powell Y Purcell, A Y Purcell, B Y Randall
E Randolph Ray
N Reaves Y Reichert
Y Roberts

448

JOURNAL OF THE HOUSE,

N Rogers N Royal N Sanders N Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill
N Shipp Y Simpson Y Sinkfield

Y Skipper Y Smith, C N Smith, C.W
Y Smith, L Y Smith, P N Smith, T N Smith, V N Smith, W YSmyre N Snelling NSnow

Y Stallings N Stancil, F
N Stancil, S Y 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 E Twiggs Y Walker, L N Walker, R.L Y Wall N Watson N Watts

N Westmorland N Whitaker Y White N Wiles
Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 67, nays 101. The motion was lost.

The Committee substitute, as amended, was adopted.

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

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

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

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

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

N Smyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, F
Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest E Twiggs N Walker, L Y Walker, R.L N Wall
N Watson
Y Watts
Y Westmoreland
Y Whitaker
N 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, as amended, the ayes were 98, nays 67.
The Resolution, having failed to receive the requisite constitutional majority, was lost.

Representative Williams of the 83rd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional
majority to HR 743.

WEDNESDAY, JANUARY 31, 1996

449

HB 1325.

By Representatives Tillman of the 173rd, Davis of the 48th, Parrish of the 144th, McKinney of the 51st, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that with respect to any person who has been convicted of a capital offense and has had imposed upon him or her prior to July 1, 1996, a sentence of death, the death penalty shall be carried out by electrocution.

The following substitute, offered by Representatives Tillman of the 173rd and Kaye of the 37th, was read:

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 with respect to any person who has been convicted of a capital offense and has had imposed upon him or her prior to July 1, 1996, a sentence of death, the death penalty shall be carried out by electrocution unless, prior to the date of execution, a court of competent jurisdiction declares death by electro cution to be cruel and unusual punishment in violation of the Constitution of the United States or the Constitution of the State of Georgia, in which case such sentence of death shall be carried out by continuous intravenous infusion of a lethal quantity of an ultra short-acting barbiturate in combination with such other drug or drugs, as the Department of Corrections deems appropriate, until death is pronounced by a licensed physician according to accepted standards of medical practice; to provide that any person who is convicted of an offense for which the death penalty may be imposed and who has had imposed upon him or her on or after July 1, 1996, a sentence of death shall suffer such punishment by continuous intravenous infusion of a lethal quantity of an ultra shortacting barbiturate in combination with such other drug or drugs, as the Department of Corrections deems appropriate, until death is pronounced by a licensed physician accord ing to accepted standards of medical practice; to provide procedures; to provide for other matters relative thereto; to provide for applicability; to provide for implementation; to pro vide that provisions of this Act are not severable; 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 17 of the Official Code of Georgia Annotated, relating to the death penalty, is amended by striking in its entirety Code Section 17-10-33, relating to the imposition of sentence of death upon judgment of death, and inserting in lieu thereof a new Code Section 17-10-33 to read as follows:
"17-10-33.
Upon a judgment of death made by a judge, it shall be the duty of the judge to sentence the defendant to death and to indicate the sentence in writing, which writing shall be filed with the papers in the case against the defendant. A certified copy of the sentence shall be sent by the clerk of the court in which the sentence is pronounced to the defendant's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution where the execution is to take place; not less than ten days prior to the time fixed in the sentence of the court for the execution of the defend ant. In all cases it shall be the duty of the sheriff of the county in which the defendant is sentenced, together with one deputy or more if in his the sheriffs judgment it is nec essary; and provided that in all cases the number of guards shall be approved by the trial judge or, if he the trial judge is not available, by the judge of the probate court of the county in which the defendant is sentenced, to convey the defendant to the appropriate state correctional institution; not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of the defendant, unless other wise directed by the Governor or unless a stay of execution has been caused by an

450

JOURNAL OF THE HOUSE,

appeal, granting of a new trial, or other order of a court of competent jurisdiction. The expense for transporting the defendant to the state correctional institution for the pur pose of electrocution execution shall be paid by the county governing authority of the county in which the defendant was convicted^ out of any funds on hand in the treasury of the county."
SECTION 2. Said article is further amended by striking in its entirety Code Section 17-10-38, relating to carrying out of death sentences, and inserting in lieu thereof a new Code Section 17-10-38 to read as follows:
"17-10-38.
(a)(l) All persons who have been convicted of a capital offense and have had imposed upon them prior to July lj 1996, a sentence of death shall suffer such punishment by electrocution unless, prior to the date of execution, a court of competent jurisdiction declares death by electrocution to be cruel and unusual punishment in violation of the Constitution of the United States or the Constitution of the State of Georgia, in which case such sentence of death shall be carried out by continuous intravenous infusion of a lethal quantity of an ultra short-acting barbiturate in combination with such other drug or drugs, as the Department of Corrections deems appropriate, until death is pronounced by a licensed physician according to accepted standards of medical practice. {b)(2) In all cases in which the defendant is sentenced to be electrocuted executed, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for electrocution execution at a state correctional institution designated by the department. (b) Any person who is convicted of an offense for which the death penalty may be imposed and who has had imposed upon him or her on or after July 1^ 1996, a sentence of death shall suffer such punishment by continuous intravenous infusion of a lethal quantity of an ultra short-acting barbiturate in combination with such other drug or drugs, as the Department of Corrections deems appropriate, until death is pronounced by a licensed physician according to accepted standards of medical practice."
SECTION 3. Said article is further amended by striking in its entirety Code Section 17-10-41, relating to persons required to be present at executions, and inserting in lieu thereof a new Code Section 17-10-41 to read as follows:
"17-10-41.
(a) There shall be present at the execution by electrocution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, electri cians, and other correctional officers, assistants, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the presence of his or her counsel, clergyman a member of the clergy, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections. (b) There shall be present at the execution of a convicted person b_x lethal intravenous infusion the superintendent of the state correctional institution or a deputy superintend ent thereof, at least three executioners, two physicians to determine when death supervenes, and other correctional officers, assistants, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the pres ence of his or her counsel, a member of the clergy, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections."
SECTION 4. Said article is further amended by striking in its entirety Code Section 17-10-44, relating to the death chamber, and inserting in lieu thereof a new Code Section 17-10-44 to read as follows:

WEDNESDAY, JANUARY 31, 1996

451

"17-10-44. The Department of Corrections shall provide a death chamber and all necessary appara tus, machinery, and appliances for inflicting the penalty of death by electrocution or lethal intravenous infusion. It shall be the further duty of the department to train appropriate personnel and to implement all necessary mechanisms and procedures needed to carry out an execution by lethal intravenous infusion."
SECTION 5. It is the express intention of the General Assembly that the provisions of this Act shall not be severable. In the event that any section or portion of any section of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall render the entire Act invalid, void, and of no effect and shall specifically revive the provisions affected by this Act as such provisions stood before the effective date of this Act, as amended by laws other than this Act.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Teper of the 61st moves to amend the Floor substitute to HB 1325 as fol lows:
Page 1: strike lines 12 & 13 and "other drug or drugs," on line 14 and insert "guillotine"
Strike on line 20 "continuous", lines 21 & 22 and "or drugs," on line 23 and insert "guillotine"
Strike on Page 3: lines 7 & 8 and on line 9 "such other drug or drugs" and insert "guillotine"
Strike on line 22 "continuous", lines 23 & 24 and "drug or drugs" on line 25 and insert "guillotine"
Page 4: line 27 strike "lethal intravenous infusion" and insert "guillotine", strike "lethal" on line 30 and line 31 and insert "guillotine".

The following amendment was read and adopted:

Representatives Tillman of the 173rd and Kaye of the 37th move to amend the Floor sub stitute to HB 1325 as follows:
Page 3 line 3 delete "cruel and unusual punishment" and replace with "illegal or".

The Floor substitute, as amended, was adopted.

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

N Alien
Anderaon N Ashe N Bailey Y Baker N Bannister NBarfoot N Bargeron

N Barnard N Barnes
N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove

N Brooks, D Brooks, T
N Brown, J
N Brush YBuck Y Buckner N Bunn N Burkhalter

NByrd Y Campbell Y Canty N Carter N Chambless N ChanneU Y Childera N Coker

N Coleman, B N Coleman, T Y Connell N Crawford Y Crews
N Culbreth Y Cummings Y Davis, G

452

JOURNAL OF THE HOUSE,

N Davis, M YDay Y DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs NEhrhart YEpps
N Evans Y Palls Y Felton N Floyd N God bee
N Golden Goodwin
N Greene N Grindley N Banner N Harbin N Harris Y Heard Y Heckstall N Hegstrom N Hembree Y Henson N Holland

Y Holmes Howard
N Hudson Y Hugley N Irvin Y James
Jamieson N Jenkins N Johnson, G N Johnson, J Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein
NLadd N Lakly N Lane
Lawrence NLee Y Lewis Y Lifsey NLord Y Lucas N Maddox YMann Y Martin

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

Y Roberts N Rogers N Royal Y Sanders N Sauder Y Scoggins YShanahan NShaw N Sherrill N Shipp N Simpson Y Sinkfield Y Skipper Y Smith, C
N Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V N Smith, W YSmyre N Snelling
NSnow N Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P

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

On the passage of the Bill, by substitute, as amended, the ayes were 56, nays 106. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Tillman of the 173rd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1325.

By unanimous consent, the following Resolutions of the House were withdrawn from committee and designated as privileged Resolutions:

HR 767. By Representatives Reichert of the 126th, Randall of the 127th, Falls of the 125th, Lucas of the 124th, Ray of the 128th and others:
A resolution commending Pilot International and designating Pilot Interna tional Day in Georgia.

HR 789. By Representatives Teague of the 58th, Baker of the 70th, Epps of the 131st, Brooks of the 54th and McKinney of the 51st:
A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day".

HR 833. By Representatives Cummings of the 27th, Powell of the 23rd, Brush of the 112th, Smith of the 175th and Bailey of the 93rd:
A resolution recognizing the month of May, 1996, as "Motorcycle Awareness and You Month" in Georgia.

HR 888. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution recognizing the contributions of the engineering profession in Georgia and declaring February 6, 1996, as "Engineers Day" in Georgia.

WEDNESDAY, JANUARY 31, 1996

453

HR 909. By Representative Ashe of the 46th:
A resolution recognizing the American Association of Retired Persons and declaring AARP Day at the Capitol.

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.

454

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 1, 1996

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:

Alien Anderson Ashe Bailey Baker Bannister Barfoot Bargeron Barnard Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks, T Brown, J Brush Buck Buckner Bunn Burkhalter Byrd Campbell
Canty Carter Chambless Channell Childere Coker Coleman, B Coleman, T

Connell Crawford Crews
Culbreth Cummings Davis, G Davis, M
DeLoach, B DeLoach, G Dii Dixon, H Dixon, S
Dobbs Ehrhart
Epps Evans Falls Felton
Floyd Godbee Golden Goodwin Greene Harbin Harris Heard
Heckstall Hegstrom Hembree Henson Holland Holmes

Howard Hudson Hugley Irvin James Jamieson Jenkins
Johnson, G Johnson, J Johns ton
Joyce Kinnamon Klein Ladd Lakly Lawrence Lee Lewis Lifsey Lord Lucas Maddox Mann Martin McBee McCall McClinton McKinney Mills Mobley, B Mobley, J Mosley

Mueller Par ham Parrish Parsons Perry Pinholster Polak Porter Poston Powell Purcell, A Purcell, B Randall Randolph Ray Reaves Reichert
Roberts Rogers Royal Sanders Sauder Shanahan Shaw Sherrill
Simpson Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, P

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

The following members were off the floor of the House when the roll was called:
Representatives Orrock of the 56th, Shipp of the 38th, Brooks of the 103rd, Hanner of the 159th, Day of the 153rd, Lane of the 146th, Williams of the 83rd and Scoggins of the 24th.
They wish to be recorded as present.

Prayer was offered by the Reverend John K. Beck, Pastor, Fort Valley United Meth odist Church, Fort Valley, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

THURSDAY, FEBRUARY 1, 1996

455

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

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

HB 1545. By Representative Sherrill of the 62nd:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to the enrollment of high school students in postsecondary courses, so as to provide for payment by the state of tuition and other costs incurred by private high school pupils enrolled at eligible institutions.
Referred to the Committee on Education.

HB 1546. By Representatives Polak of the 67th, Teper of the 61st, Hegstrom of the 66th, Shanahan of the 10th and Mobley of the 69th:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to provide for the establishment of school speed zones and provide for specific penalties for exceeding the posted speed limit in such zones.
Referred to the Committee on Transportation.

HB 1547. By Representatives Polak of the 67th, Teper of the 61st, Hegstrom of the 66th, Smith of the 175th, Mobley of the 69th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to licensing and registration of motor vehicles in general, so as to state legislative findings; to provide for the issuance of spe cial distinctive license plates recognizing and commemorating the activities of the Humane Society of Georgia.
Referred to the Committee on Motor Vehicles.

HB 1548. By Representative Coleman of the 142nd:
A bill to change the interest rates on bonds, notes, or other obligations of the Dodge County-Eastman Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

456

JOURNAL OF THE HOUSE,

HB 1549. By Representative Polak of the 67th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that women with a child age four years or younger may be exempt from serving as a juror.
Referred to the Committee on Judiciary.

HB 1550. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Anno tated, relating to the Trial Judges and Solicitors Retirement Fund, so as to change the designation of state court solicitor to solicitor-general.
Referred to the Committee on Retirement.

HB 1551. By Representative Burkhalter of the 41st:
A bill to amend Chapter 67 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning proposal review procedures, so as to authorize the creation of certain elective review boards; to provide for districts and elec tions therefrom.
Referred to the Committee on State Planning & Community Affairs.

HB 1552. By Representatives Barnard of the 154th, Kinnamon of the 4th, Sauder of the 29th, DeLoach of the 172nd, Purcell of the 147th and others:
A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Anno tated, relating to the parent and child relationship, so as to provide for court ordered reasonable visitation for grandparents in certain circumstances.
Referred to the Committee on Judiciary.

HB 1553. By Representative Coleman of the 142nd:
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 pro vide for the assessment and taxation of such timber sold pursuant to certain preexisting instruments.
Referred to the Committee on Ways & Means.

HB 1554. By Representatives Porter of the 143rd, Smith of the 12th, Shanahan of the 10th and Lewis of the 14th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Anno tated, relating to sewerage and waste disposal and related matters, so as to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met.
Referred to the Committee on Natural Resources & Environment.

HB 1556.

By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to the incorporation of municipal corporations, so as to pro vide that a local Act providing for the reincorporation of certain areas may be enacted without regard to the proximity of an existing municipal corpora tion.

THURSDAY, FEBRUARY 1, 1996

457

Feb. 1, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1556. This notice is made prior to or upon reading the bill the first time.
Is/ Tommy Smith Representative 169th District
Referred to the Committee on State Planning & Community Affairs.

HB 1557. By Representative Parrish of the 144th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from requirements for licenses to carry certain weapons, so as to include district attorneys emeritus among those exemptions.
Referred to the Committee on Public Safety.

HB 1558. By Representatives Canty of the 52nd, Brooks of the 54th, Davis of the 48th, Heckstall of the 55th and McKinney of the 51st:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to revise and change certain provisions regarding county boards of equaliza tion; to provide that certain provisions shall apply to all such boards; to repeal certain provisions relating to additional boards in any county of this state having a population of 400,000 or more.
Referred to the Committee on Ways & Means.

HB 1559. By Representatives Canty of the 52nd, Davis of the 48th, Brooks of the 54th, Sinkfield of the 57th, Heckstall of the 55th and others:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to the time for making tax returns, so as to change certain provisions regarding the opening and closing of books in all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on Ways & Means.

HB 1560. By Representatives Poston of the 3rd, Barnes of the 33rd, Holland of the 157th, Watts of the 26th, Bostick of the 165th and others:
A bill to amend Chapter 4 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal attempt, conspiracy, and solicitation, so as to pro vide that a person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursu ance of the conspiracy.
Referred to the Committee on Judiciary.

458

JOURNAL OF THE HOUSE,

HB 1561. By Representatives Canty of the 52nd and Trense of the 44th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to the time for making tax returns, so as to change certain pro visions regarding the opening and closing of books in all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on Ways & Means.

HB 1562. By Representative Canty of the 52nd:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to revise and change certain provisions regarding county boards of equaliza tion; to provide that certain provisions shall apply to all such boards; to repeal certain provisions relating to additional boards in any county of this state having a population of 400,000 or more.
Referred to the Committee on Ways & Means.

HB 1563. By Representatives Epps of the 131st, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd, Smith of the 175th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education competencies and core cur riculum, so as to provide for the development and implementation of a char acter curriculum in Georgia public schools.
Referred to the Committee on Education.

HB 1564. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and the Senate, so as to change provisions relating to the apportionment of said bodies.
Referred to the Committee on Legislative & Congressional Reapportionment.

HR 931. By Representatives Royal of the 164th, Coleman of the 142nd, Sinkfield of the 57th, Martin of the 47th, Smyre of the 136th and others:
A resolution urging implementation of Electronic Benefit Transfer (EBT) for the delivery of Aid to Families with Dependent Children (AFDC) benefits, Refugee Cash Assistance (RCA), and food stamps by the Georgia Department of Human Resources, as a participant in the Southern Alliance of States (SAS), and in collaboration with the United States Department of the Trea sury, Department of Agriculture, and Department of Health and Human Ser vices.
Referred to the Committee on Children and Youth.

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

THURSDAY, FEBRUARY 1, 1996

459

HB 1573. By Representatives Wall of the 82nd, Watts of the 26th, Smith of the 169th, Lee of the 94th, Benefield of the 96th and others:
A bill to amend Code Section 16-12-141 of the Official Code of Georgia Annotated, providing when abortion is legal, so as to prohibit partial-birth abortions and provide for exceptions.
Feb. 1, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1573. This notice is made prior to or upon reading the bill the first time.
/s/ Vinson Wall Representative 82nd District
Referred to the Committee on Judiciary.

HB 1574. By Representatives Kaye of the 37th, Benefield of the 96th, Powell of the 23rd, Snow of the 2nd, Dobbs of the 92nd and others:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to prohibit local government entities and private vendors therefor from charging parking fees to certain persons with disabilities.
Referred to the Committee on Transportation.

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

HB 1520 HB 1521 HB 1523 HB 1524 HB 1525 HB 1526 HB 1527 HB 1528 HB 1529 HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1535 HB 1536 HB 1537

HB 1538 HB 1539 HB 1540 HB 1541 HB 1542 HB 1544 HB 1555 HR 915 HR 929 SB 67 SB 163 SB 225 SB 304 SB 403 SB 500 SB 622 HB 1522

Pursuant to Rule 52, Representative Joyce of the 1st moved that the following Bill of the House be engrossed:

HB 1522.

By Representatives Joyce of the 1st and Kaye of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weapons, so as to repeal the laws relating to carrying a concealed weapon; the laws relating to carrying deadly weapons to or at public gather ings; the laws relating to carrying weapons at school functions or on school property.

460

JOURNAL OF THE HOUSE,

The motion prevailed.

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 549 Do Pass
Respectfully submitted, /a/ 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1359 Do Pass HB 1454 Do Pass, by Substitute SB 192 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 844 Do Pass, by Substitute HB 1149 Do Pass, by Substitute HB 1317 Do Pass, by Substitute

HB 1326 Do Pass HB 1330 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

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

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

THURSDAY, FEBRUARY 1, 1996

461

HB 1266 Do Pass HB 1372 Do Pass

HB 1493 Do Pass HR 850 Do Pass
Respectfully submitted, Is,/ Watson of the 139th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 191 Do Pass, by Substitute HB 1299 Do Pass, by Substitute HB 1341 Do Pass
Respectfully submitted, 1st Chambless of the 163rd
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 256 Do Pass, by Substitute HB 522 Do Pass

HB 1198 Do Pass, by Substitute HB 1459 Do Pass, by Substitute

Respectfully submitted, /s/ Parham of the 122nd
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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1227 Do Pass, by Substitute HR 912 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

462

JOURNAL OF THE HOUSE,

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 881 Do Pass HR 913 Do Pass

HR 914 Do Pass HR 930 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 654 Do Pass, by Substitute HB 1255 Do Pass HB 1302 Do Pass HB 1383 Do Pass HB 1475 Do Pass

SB 310 Do Pass SB 370 Do Pass, as Amended SB 415 Do Pass SR 40 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1507 Do Pass HB 1517 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 1507.

By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chair person and members of the board.

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

THURSDAY, FEBRUARY 1, 1996

463

On the passage of the Bill, the ayes were 92, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 1517. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Wilcox County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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

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

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.

HB 1387. By Representative Parrish of the 144th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the corporate limits of the City of Swainsboro.

HB 1392.

By Representatives Rogers of the 20th, Stephenson of the 25th, Mills of the 21st and Smith of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, relating to the creation of the City of Gainesville School District, so as to change a provision relating to the limit on the rate of ad valorem taxation for bonded indebtedness.

HB 1407.

By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
A bill to amend an Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, so as to provide for the appointment of an additional magistrate.

HB 1428. By Representative McCall of the 90th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor.

464

JOURNAL OF THE HOUSE,

SB 348. By Senator Ralston of the 51st:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Anno tated, relating to in whom parental power lies, how such power is lost, and recovery for homicide of a child, so as to provide for additional grounds upon which parental power may be lost; to provide for a standard for loss of parental power.

SB 505. By Senator Henson of the 55th:
A bill to amend an Act providing for the exemption of drivers 21 years of age or over from the requirement for a learner's permit while taking instruc tion from a licensed driving instructor so as to remove the automatic date of repeal or "sunset" date of said Act; to provide an effective date.

SB 510. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and Ray of the 19th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; to pro vide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and com pensation.

SB 515. By Senators Brown of the 26th, Scott of the 36th and Ray of the 19th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to extend the driving privileges of certain 15 year old persons who have previously been issued a permit at 14 years of age under Code Section 40-5-22.

SB 530. By Senator Gillis of the 20th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that it shall be unlawful to hunt while intoxicated; to define a cer tain term; to provide for blood alcohol concentration tests; to provide certain presumptions; to provide for an implied consent to test.

SB 532. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to change which physicians and psychologists may make certain affidavits and perform certain evaluations and change the time for conducting certain emergency hearings.

SB 534. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th:
A bill to amend Chapter 9 of Title 31, the "Georgia Medical Consent Law", so as to provide for emergency nonconsensual custody, transport, and medi cal treatment for persons who are in imminent danger of death as a result of attempted suicide; to provide for definitions; to provide for immunity from liability; to provide an effective date.

THURSDAY, FEBRUARY 1, 1996

465

SB 544. By Senator Langford of the 29th:
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, so as to change provisions relating to deposit of driver's licenses in lieu of bail in traffic and motor vehicle cases; to provide for driver's license display in lieu of bail instead of driver's license deposit; to provide for recordation of license number by the apprehending officer; to provide for suspension of license upon failure to appear.

SB 554. By Senators Henson of the 55th and Madden of the 47th:
A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Anno tated, relating to lead poisoning prevention, so as to provide that the Depart ment of Natural Resources may designate the environmental protection division to perform certain duties; to provide that implementation of certain lead paint abatement certification programs shall be contingent upon the promulgation of certain federal regulations.

SB 568. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change a certain definition; to change certain provisions relating to implied consent to chemical tests; to change certain provisions regarding suspension of a driver's license for refusal of testing to determine the presence of alcohol or drugs.

SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and Guhl of the 45th:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Anno tated, relating to seeds and plants, so as to substantially rewrite the laws of this state relating to seed; to provide for definitions; to repeal certain defini tions; to change the provisions relating to labeling of seeds; to change the provisions relating to the required contents of labels; to change the provi sions relating to prohibited acts and to provide for additional prohibitions.

SB 586. By Senators Bowen of the 13th, Oliver of the 42nd, Perdue of the 18th and others:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide that no outdoor advertising depicting obscene material shall be allowed; to restrict outdoor advertising of commercial establishments where nudity is exhibited; to provide for legislative intent; to define a certain term.

SB 588. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and others:
A bill to amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Music Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Music Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide prospects.

466

JOURNAL OF THE HOUSE,

SB 604. By Senator Johnson of the 1st:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones, so as to provide that certain restric tions on the operation of watercraft shall not apply to certain licensed events; to provide an effective date.

SB 628. By Senators Oliver of the 42nd, Farrow of the 54th, Ralston of the 51st and Clay of the 37th:
A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Anno tated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity; to change provisions relating to the surety bonds of secretary-treasurers of such boards.

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

SR 391. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities; to authorize the appropriation of funds for the purposes of such fund; to provide that such funds shall not lapse; to provide for the submission of this amendment for ratification or rejection.

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

SB 348. By Senator Ralston of the 51st:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Anno tated, relating to in whom parental power lies, how such power is lost, and recovery for homicide of a child, so as to provide for additional grounds upon which parental power may be lost; to provide for a standard for loss of parental power.
Referred to the Committee on Judiciary.

SB 505. By Senator Henson of the 55th:
A bill to amend an Act providing for the exemption of drivers 21 years of age or over from the requirement for a learner's permit while taking instruc tion from a licensed driving instructor so as to remove the automatic date of repeal or "sunset" date of said Act; to provide an effective date.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 1, 1996

467

SB 510. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; to pro vide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and com pensation.
Referred to the Committee on University System of Georgia.

SB 515. By Senators Brown of the 26th, Scott of the 36th and Ray of the 19th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to extend the driving privileges of certain 15 year old persons who have previously been issued a permit at 14 years of age under Code Section 40-5-22.
Referred to the Committee on Motor Vehicles.

SB 530. By Senator Gillis of the 20th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that it shall be unlawful to hunt while intoxicated; to define a cer tain term; to provide for blood alcohol concentration tests; to provide certain presumptions; to provide for an implied consent to test.
Referred to the Committee on Game, Fish & Parks.

SB 532. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to change which physicians and psychologists may make certain affidavits and perform certain evaluations and change the time for conducting certain emergency hearings.
Referred to the Committee on Judiciary.

SB 534. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th:
A bill to amend Chapter 9 of Title 31, the "Georgia Medical Consent Law", so as to provide for emergency nonconsensual custody, transport, and medi cal treatment for persons who are in imminent danger of death as a result of attempted suicide; to provide for definitions; to provide for immunity from liability; to provide an effective date.
Referred to the Committee on Health & Ecology.

SB 544. By Senator Langford of the 29th:
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, so as to change provisions relating to deposit of driver's licenses in lieu of bail in traffic and motor vehicle cases; to provide for driver's license display in lieu of bail instead of driver's license deposit; to provide for recordation of license number by the apprehending officer; to provide for suspension of license upon failure to appear.
Referred to the Committee on Motor Vehicles.

468

JOURNAL OF THE HOUSE,

SB 554. By Senators Henson of the 55th and Madden of the 47th:
A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Anno tated, relating to lead poisoning prevention, so as to provide that the Depart ment of Natural Resources may designate the environmental protection division to perform certain duties; to provide that implementation of certain lead paint abatement certification programs shall be contingent upon the promulgation of certain federal regulations.
Referred to the Committee on Natural Resources & Environment.

SB 568. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change a certain definition; to change certain provisions relating to implied consent to chemical tests; to change certain provisions regarding suspension of a driver's license for refusal of testing to determine the presence of alcohol or drugs.
Referred to the Committee on Special Judiciary.

SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Anno tated, relating to seeds and plants, so as to substantially rewrite the laws of this state relating to seed; to provide for definitions; to repeal certain defini tions; to change the provisions relating to labeling of seeds; to change the provisions relating to the required contents of labels; to change the provi sions relating to prohibited acts and to provide for additional prohibitions.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 586. By Senators Bowen of the 13th, Oliver of the 42nd, Perdue of the 18th and others:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide that no outdoor advertising depicting obscene material shall be allowed; to restrict outdoor advertising of commercial establishments where nudity is exhibited; to provide for legislative intent; to define a certain term.
Referred to the Committee on Transportation.

SB 588. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and others:
A bill to amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Music Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Music Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide prospects.
Referred to the Committee on State Planning & Community Affairs.

THURSDAY, FEBRUARY 1, 1996

469

SB 604. By Senator Johnson of the 1st:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones, so as to provide that certain restric tions on the operation of watercraft shall not apply to certain licensed events; to provide an effective date.
Referred to the Committee on Game, Fish & Parks.

SB 628. By Senators Oliver of the 42nd, Farrow of the 54th, Ralston of the 51st and others:
A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Anno tated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity; to change provisions relating to the surety bonds of secretary-treasurers of such boards.
Referred to the Committee on State Planning & Community Affairs.

SR 391. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities; to authorize the appropriation of funds for the purposes of such fund; to provide that such funds shall not lapse; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Appropriations.

Representative Kaye of the 37th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1325.

By Representatives Tillman of the 173rd, Davis of the 48th, Parrish of the 144th, McKinney of the 51st, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that with respect to any person who has been convicted of a capital offense and has had imposed upon him or her prior to July 1, 1996, a sentence of death, the death penalty shall be carried out by electrocution.

By unanimous consent, the motion to reconsider HB 1325 was postponed until tomor row.

The following Resolutions of the House were read and adopted:

HR 767. By Representatives Reichert of the 126th, Randall of the 127th, Falls of the 125th, Lucas of the 124th, Ray of the 128th and others:
A resolution commending Pilot International and designating Pilot Interna tional Day in Georgia.

470

JOURNAL OF THE HOUSE,

HR 789. By Representatives Teague of the 58th, Baker of the 70th, Epps of the 131st, Brooks of the 54th and McKinney of the 51st:
A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day".

HR 833. By Representatives Cummings of the 27th, Powell of the 23rd, Brush of the 112th, Smith of the 175th and Bailey of the 93rd:
A resolution recognizing the month of May, 1996, as "Motorcycle Awareness and You Month" in Georgia.

HR 888. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution recognizing the contributions of the engineering profession in Georgia and declaring February 6, 1996, as "Engineers Day" in Georgia.

HR 909. By Representative Ashe of the 46th:
A resolution recognizing the American Association of Retired Persons and declaring AARP Day at the Capitol.

HR 932. By Representative Bannister of the 77th: A resolution commending Janie Sheldon.

HR 933. By Representative Mobley of the 86th: A resolution commending Terry and Cindy England.

HR 934. By Representative Parham of the 122nd: A resolution expressing regret at the passing of Honorable Harrell Freeman.

HR 935. By Representatives Canty of the 52nd, Tillman of the 173rd and Heckstall of the 55th:
A resolution commending Dr. Betty Lovett Dabney on her retirement.

HR 936. By Representatives Buck of the 135th and Twiggs of the 8th:
A resolution commending Cherokee County Deputy Sheriff Bryan David Burdett.

HR 937. By Representatives Buck of the 135th and Twiggs of the 8th: A resolution commending Corporal Tim Kendrick.

HR 938. By Representatives Buck of the 135th and Twiggs of the 8th: A resolution commending Dr. George Herrin, Jr.

HR 939. By Representatives Buck of the 135th and Twiggs of the 8th: A resolution commending Trooper Chris C. Wright.

THURSDAY, FEBRUARY 1, 1996

471

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

HR 881. By Representative McKinney of the 51st:
A resolution declaring Job Corps Day and inviting Ms. Edwina Dixon to appear before the House of Representatives.

HR 913. By Representative Ray of the 128th:
A resolution recognizing and commending Helen Purser Faircloth and invit ing her to appear before the House of Representatives.

HR 914. By Representatives Baker of the 70th, Teper of the 61st, Turnquest of the 73rd, Randolph of the 72nd, Jones of the 71st and others:
A resolution commending Wanda Pierce Mack, 1995 Georgia Occupational Award of Leadership (GOAL) recipient, and inviting her to appear before the House of Representatives.

HR 930. By Representative Smith of the 19th:
A resolution commending Shawntel Smith and inviting her to appear before the House of Representatives.

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

HB 1130.

By Representatives Walker of the 87th, Ladd of the 59th, Williams of the 114th, Lewis of the 14th, Harbin of the 113th and others:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance related fees and taxes, so as to provide that cer tain insurance companies shall be exempt from certain fees and taxes.

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:

Alien Y Anderson Y Ashe Y Bailey
Y Baker Y Bannister
Barfoot
Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn

Y Burkhalter YByrd
Y Campbell Canty
Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T
Y Connell 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 Y Evans Y Falls
Felton Y Floyd
N Godbee Y Golden Y Goodwin Y Greene E Grindley Y Manner Y Harbin Y Harris Y Heard N Heckstall N Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson
Y Hugley Irvin
Y James Jamieson
Y Jenkins 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
Martin Y McBee YMcCall N McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
O'Neal N Orrock YParham
Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak Y Porter

472

JOURNAL OF THE HOUSE,

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 Shaw
Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Y Smith, T Y Smith, V
Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P
Y Stephenson 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

Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles E Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 144, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representative Shaw of the 176th 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 560. By Representatives Mobley of the 69th, Randall of the 127th, Hegstrom of the 66th, Polak of the 67th, Hugley of the 133rd and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relating to torts, so as to provide for a right of action for sexual harassment; to provide for definitions; to provide for practices, procedures, and requirements relating to such right of action.

Representative Evans of the 28th moved that HB 560 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

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

Y Crews Y Culbreth
N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
N Epps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden N Goodwin N Greene E Grindley Y Manner Y Harbin Y Harris N Heard N 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 N Klein YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox Y Mann N Martin N McBee Y McCall N McClinton N McKinney Y Mills
N Mobley, B Y Mobley, J Y Mosley Y Mueller
O'Neal N Orrock Y Parham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster N Polak Y Porter N Poston Y Powell Y Purcell, A N Purcell, B N Randall N Randolph
Ray N Reaves
Y Reichert Y Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggins Y Shanahan YShaw Y Sherrill Y Shipp N Simpson N Sinkfield Y Skipper N 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 N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephenson Y Streat N Taylor N Teague N Teper N Thomas
Tillman N Titus N Towery Y Trense
Turnquest N Twiggs N Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
Y Westmorland
Y Whitaker
N White
Y Wiles
E Williams, B
Williams, J
Y Williams, R
Y Woods
N Yates
Murphy, Spkr

THURSDAY, FEBRUARY 1, 1996

473

On the motion, the ayes were 101, nays 63. The motion prevailed.
Representative Mobley of the 69th moved that HB 560 be removed from the table. On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 54, nays 95. The motion was lost.

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

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

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

474

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

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

HB 1452.

By Representatives Shaw of the 176th, Dixon of the 168th, Golden of the 177th, Reaves of the 178th, Smith of the 175th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that the owner of a beehive or his or her agent may kill bears if certain conditions are met.

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:

Alien Y Anderson Y Ashe
Bailey Y Baker Y Bannister Y Barfoot
Bargeron Barnard Y Barnes Bates Y Benefield Birdsong Y Bordeaux Bostick Y Breedlove Y Brooks, D Brooks, T Y Brown, 1 Brush YBuck Y Buckner N Bunn Burkhalter Byrd
Y Campbell Canty Carter Chambless
Y Channell Childers Coker
Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Y DUon, H Dixon, S Dobbs
YEhrhart Epps Evans
Falls Felton Y Floyd
Godbee Golden Goodwin Greene E Grindley
Y Manner Y Harbin Y Harris Y Heard
Hecks tall N Hegstrom Y Hembree
Henson Y Holland
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
Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis
Y Lifsey Lord Lucas Maddox
YMann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills N Mobley, B Y Mobley, J Mosley Mueller O'Neal Orrock Parham

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

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

On the passage of the Bill, the ayes were 95, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Carter of the 166th 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.

THURSDAY, FEBRUARY 1, 1996

475

HB 1300.

By Representatives Sinkfield of the 57th, McKinney of the 51st, McClinton of the 68th and Martin of the 47th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the provisions regarding the use of interest earned on certain reserve funds.

The following Committee substitute was read and adopted:

A BILL
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965 p. 2243), as amended, so as to change the provisions regarding the use of interest earned on certain reserve funds; 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 known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965 p. 2243), as amended, is amended by striking from the seventh sentence of subsection (i) of Section 25 the following:
"Commencing July 1, 1988, and until June 30, 1997,", and inserting in lieu thereof the following:
"commencing July 1, 1988, and until June 30, 2000,", so that when so amended said sentences shall read as follows:
"If any proceeds of the tax levied pursuant to this Act are held for the purpose of plan ning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2000, interest earned on reserve funds set aside:
(1) For rebuilding, repairing, or renovating facilities of the rapid transit system; (2) For replacing, repairing, or renovating equipment or other capital assets thereof; or (3) From the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron

Barnard Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux
Bostick Breedlove

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

Byrd Campbell Canty Carter Chambless Y Channell Y Childers Coker

Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

476

JOURNAL OF THE HOUSE,

Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon, S Dobbs YEhrhart YEpps Evans Falls Felton Y Floyd Y Godbee Golden Goodwin Greene E Grindley Y Manner Y Harbin Y Harris Y Heard Heckstall Y 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
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane
Lawrence YLee Y Lewis Y Lifsey
Lord Lucas Maddox YMann Y Martin

Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Mueller O'Neal YOrrock Par ham Y Parrish Parsons E Pelote Perry Pinholster Y Polak Y Porter Y Poston Powell Y Purcell, A Purcell, B Y Randall Y Randolph Ray Reaves Y Reichert

Roberts Y Rogers Y Royal
Sanders Sauder Y Scoggins Y Shanahan Shaw Sherrill Shipp
Y Simpson Y Sinkfield
Y Skipper Y Smith, C
Smith, C.W Y Smith, L
Smith, P Smith, T Y Smith, V Smith, W
Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P

Stephenson Y Streat Y Taylor
Teague Teper Y Thomas Tillman Y Titus Towery Y Trense Turnquest Y Twiggs Walker, L Y Walker, R.L Y Wall
Watson
Watts
Y Westmoreland
Whitaker
White Y Wiles
E 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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1370.

By Representatives Sinkfield of the 57th, McBee of the 88th, McClinton of the 68th and Taylor of the 134th:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Anno tated, relating to commitment of unruly or delinquent children, so as to pro vide authorization to the Department of Children and Youth Services in institutions under its control and supervision; to require youth to participate in certain moral, academic, vocational, physical, and correctional training and activities.

The following amendment was read and adopted:

The Committee on Children and Youth moves to amend HB 1370 by striking after the word "for" on line 21 of page 1 the following:
"reasonable".

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:

Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Barnard Y Barnes

Bates Y Benefleld
Birdsong
Y Bordeaux Bostick Breedlove
Y Brooks, D Brooks, T
Y Brown, J Brush

YBuck Y Buckner YBunn Y Burkhalter
Byrd Campbell Canty Carter Chambless Y Channell

Y Childers Coker
Y Coleman, B Y Coleman, T Y Connell 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
Dixon, S
Dobbs Y Ehrhart
Epps

THURSDAY, FEBRUARY 1, 1996

477

Y Evans Falls Felton
Y Floyd YGodbee
Golden Goodwin
Greene E Grindley
Manner Y Harbin Y Harris Y Heard
Heckstall Y 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
Joyce Kaye Y Kinnamon Y Klein YLadd YLakly YLane Lawrence Lee Y Lewis Y Lifsey
Lord Y Lucas
Maddox
YMann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B

Y Mobley, J Y Mosley Y Mueller
O'Neal Y Orrock
Par ham Y Parrish
Parsons E Pelote
Perry Pinholster Y Polak Y Porter Y Poston Powell Y Purcell, A Purcell, B Y Randall Y Randolph
Ray Reaves Y Reichert Roberts Y Rogers Y Royal Sanders

Sauder Y Scoggins Y Shanahan
Shaw Sherrill Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, P 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 Y Thomas
Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts
Westmoreland
Y Whitaker
White Y Wiles
E Williams, B Y Williams, J
Williams, R
Y Woods
Y Yates
Murphy, Spkr

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.

HB 1256. By Representatives Jamieson of the 22nd and Stephenson of the 25th:
A bill to amend Code Section 40-14-5 of the Official Code of Georgia Anno tated, relating to testing of radar devices, so as to require certain officers using such devices to notify persons of their right to view and inspect the radar reading.

The following amendment was read and adopted:

Representative Coleman of the 142nd moves to amend HB 1256 by striking from lines 1 through 5 of page 1 the following:
"To amend Code Section 40-14-5 of the Official Code of Georgia Annotated, relating to testing of radar devices, so as to require certain officers using such devices to notify per sons of their right to view and inspect the radar reading;",
and inserting in its place the following:
"To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to require certain officers using such devices to notify persons of their right to view and inspect the radar reading; to require the placing of certain speed limit warning signs in connection with the use of radar;".
By striking from lines 9 through 11 of page 1 the following:
"Code Section 40-14-5 of the Official Code of Georgia Annotated, relating to testing of radar devices, is amended by striking subsection (b)",
and inserting in its place the following:
"Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, is amended by striking subsection (b) of Code Section 40-14-5, relating to testing of radar devices,".
By redesignating Sections 2 and 3 as Sections 3 and 4.

478

JOURNAL OF THE HOUSE,

By inserting between lines 29 and 30 of page 1 the following:
"SECTION 2. Said chapter is further amended by striking Code Section 40-14-6, relating to the require ment for warning signs, and inserting in its place a new Code Section 40-14-6 to read as follows:
'40-14-6.
(a) 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 subsection.
(b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning 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 munici pality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 b^ 30 inches m area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this 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 Alien Y Anderson Y Ashe Y Bailey Y Baker
Bannister Y Barfoot
Bargeron Barnard Y Barnes Y Bates Y Benefield Birdsong Y Bordeaux Y Bostick Breedlove Y Brooks, D Brooks, T 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 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
Dobbs Y Ehrhart
Epps Y Evans Y Falls
Y Felton Y Floyd
Y Godbee Y Golden
Good win
Y Greene E Grindley Y Hanner Y Harbin Y Harris Y Heard
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 YLakly YLane Lawrence YLee Y Lewis Y Lifsey Lord Y Lucas Maddox YMann Y Martin

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

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

THURSDAY, FEBRUARY 1, 1996

479

Y Towery Y Trense
Tumquest YTwiggs

Y Walker, L Y Walker, R.L
Wall Y Wateon

Y Watts Y Westmoreland
Y Whitaker
White

Y Wiles E 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 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

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 Alien Y Andersen
Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux
Y Bostick Breedlove
Y Brooks, D Brooks, T
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 ConneU 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 YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee
Golden Goodwin Y Greene E Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson Y Hugley

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

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston
Powell Y Purcell, A
Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W

Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas Tillman Y Titus Y Towery Y Trense Tumquest Y Twiggs Y Walker, L Y Walker, R.L YWall
Y Watson
Y Watts
Y Westmoreland
Y Whitaker
White
Y Wiles
E 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.

HB 1224.

By Representatives Porter of the 143rd and Hanner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain references to regulations promulgated by the Board of Natural Resources and regulations promulgated by the administrator of the federal Environmental Protection Agency.

480

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 Alien Y Anderson
Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot Bargeron
Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D
Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByid Y Campbell
Y Canty Y Carter Y Chambless Y Channell
Childers Y Coker Y Coleman, B Y Coleman, T
Connell 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
Goodwin Y Greene E Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hugley

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

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

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

HB 1336.

By Representatives Murphy of the 18th and Benefield of the 96th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to change provisions relating to the effect of changes in congressional districts on boards and bodies whose membership is selected on the basis of residency within congressional districts.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron
Y Barnard YBarnes

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

THURSDAY, FEBRUARY 1, 1996

481

Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene E Grindley
Y Banner Y Harbin Y Harris
Y Heard 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 Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane
Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas
Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B

Y Mobley, J Y Mosley Y Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal
Sanders

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

Y Taylor Y Teague Y Teper Y Thomas
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
E Williams, B
Y Williams, J Y Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

HB 1243. By Representatives Snow of the 2nd, Murphy of the 18th, Streat of the 167th, Perry of the llth, Watts of the 26th and others:
A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.

The following amendment was read and adopted:

Representatives Walker of the 141st, Barnes of the 33rd, Carter of the 166th and Bostick of the 165th move to amend HB 1243 as follows:
By adding a new Section 2 to read as follows:
Section 2.
"The limitation of the department to require a payment of more than the maximum amount as above described in Section 1 shall last for only a ten year period from the date of the initial acquisition by the department."
And by renumbering the subsequent sections accordingly.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 113, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

482

JOURNAL OF THE HOUSE,

HB 1193.

By Representatives Powell of the 23rd, Coleman of the 142nd, Watson of the 139th, Parrish of the 144th, Parham of the 122nd 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.

By unanimous consent, further consideration of HB 1193 was postponed until tomor row morning, immediately following the period of unanimous consents.

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1184 Do Not Pass HB 1273 Do Pass, by Substitute HB 1436 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
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 Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 2, 1996

483

Representative Hall, Atlanta, Georgia Friday, February 2, 1996

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:

Alien Anderson Ashe Bailey Baker
Bannister
Bargeron
Barnard Barnes Benefield
Birdsong Bostick Breedlove
Brown, J Buck
Bunn Burkhalter Byrd Campbell Carter Chambless Channel! Childers Coker Coleman, B

Connell Crawford Crews Culbreth Cummings DeLoach, B
DeLoach, G
Dix
Dixon, H
Dixon, S Dobbs Khrhart Epps Evans Falls Felton Floyd Godbee Goodwin Greene Manner Harbin Harris Heard Hegstrom

Hembree Howard Hudson Hugley James Johnson, G Johnson,J Johns ton Lakly Lane Lawrence
Lee Lifsey Lord Maddox Mann McBee McCall McClinton McKinney Mills Mobley, J Mosley Mueller
Par ham

Parrish Parsons Perry Pinholster Polak Powell Purcell, A Randall Reaves Reichert Rogers Royal Sanders Sauder Shanahan Shaw Sherrill Simpson Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V

Smith, W Snelling Snow S tailings Stancil, F Stephenson Taylor Teague Teper Thomas Titus Trense Walker, L Walker, R.L Wall Watson
Watts
Westmorland Whitaker Wiles Williams, J Williams, R Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Tillman of the 173rd, Kaye of the 37th, Brooks of the 54th, Streat of the 167th, Lewis of the 14th, Shipp of the 38th, Randolph of the 72nd, Bates of the 179th, Twiggs of the 8th, Golden of the 177th, Jamieson of the 22nd, Lucas of the 124th, Roberts of the 162nd, Barfoot of the 155th, Scoggins of the 24th, Ladd of the 59th, Day of the 153rd, Orrock of the 56th, Sinkfield of the 57th, Mobley of the 69th, Henson of the 65th, Canty of the 52nd, Bordeaux of the 151st, Holland of the 157th, Smyre of the 136th, Buckner of the 95th, Stanley of the 50th, Stanley of the 49th, Heckstall of the 55th, Towery of the 30th, Jenkins of the 110th, Porter of the 143rd and Coleman of the 142nd.
They wish to be recorded as present.

The following communication was received:

To: Clerk of the House of Representatives From: Rep. McCracken Poston Re: February 2, 1996
By this entry on the Official Record of the House of Representatives please be advised of my excused absence from the business of the House this Friday, February 2, 1996. As winter storms now engulf the Northern part of the state, particularly the Northwest cor ner; and as of this entry, Interstate Highway 75 has been limited to one lane from Dalton to the Tennessee line; and as my family and constituents in the Third District are bracing for an ice storm and face power outages and travel hazards; it is my best judgment that my presence is needed in the Third District of Georgia.
Please note my excused absence from the business of the House this Friday, February 2, 1996, and make whatever notations of record and adjustments of my voting machine to reflect this excused absence.

484

JOURNAL OF THE HOUSE,

Thank you for your understanding and cooperation.
Sincerely, /s/ McCracken Poston
State Representative District Three

Prayer was offered by the Reverend M. D. Cabe, Pastor, New Bethel Baptist Church, Bartow, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

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

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

HB 1565. By Representative Walker of the 87th:
A bill to amend an Act entitled "An Act creating a Board of Commissioners of Walton County," so as to increase the dollar value of contracts into which the chairperson may enter without approval.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1566. By Representatives Jamieson of the 22nd, Harbin of the 113th, Rogers of the 20th, McCall of the 90th, Connell of the 115th and others:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Anno tated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorga nized under the southern region interstate banking law.
Referred to the Committee on Ways & Means.

FRIDAY, FEBRUARY 2, 1996

485

HB 1567. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to operation of unregistered vehicles; to change certain provisions relating to registration and licensing requirements; to pro vide for staggered motor vehicle registration over a 12 month period.
Referred to the Committee on Motor Vehicles.

HB 1568. By Representatives Day of the 153rd, Jamieson of the 22nd, Dixon of the 150th and Thomas of the 148th:
A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provisions regarding membership in, dues for, and funding of such cen ters.
Referred to the Committee on State Planning & Community Affairs.

HB 1569. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in superior court in family violence cases under Chapter 13 of Title 19; to provide that no fee shall be assessed in connection with a prosecution of any domestic violence offense for costs associated with the filing of criminal charges against a domestic violence offender.
Referred to the Committee on Judiciary.

HB 1570. By Representatives White of the 161st, Randall of the 127th, Falls of the 125th, McKinney of the 51st, Mueller of the 152nd and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with respect to dangerous instrumentalities and practices, so as to make it unlawful for any person to knowingly and intentionally destroy or cause serious or debilitating physical injury to a police horse when such person knows that the horse is a police horse.
Referred to the Committee on Special Judiciary.

HB 1571. By Representative Woods of the 32nd:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to physicians, so as to provide for the regulation of the prac tice of hypnotherapy.
Referred to the Committee on Health & Ecology.

HB 1572. By Representative Jamieson of the 22nd:
A bill to provide for an advisory referendum election to be held in Franklin County for the purpose of ascertaining the type of government for said county desired by the people of said county.
Referred to the Committee on State Planning & Community Affairs - Local.

486

JOURNAL OF THE HOUSE,

HB 1575. By Representatives Jones of the 71st, Culbreth of the 132nd and Childers of the 13th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to provide that a person entering an emergency facility shall be evaluated as soon as possible.
Referred to the Committee on Health & Ecology.
HB 1576. By Representatives Alien of the 117th, Howard of the 118th, Anderson of the 116th, Connell of the 115th, DeLoach of the 119th and others:
A bill to amend an Act providing for the consolidated government of Augusta-Richmond County, so as to provide for the tort and nuisance liabil ity for such consolidated government. Referred to the Committee on State Planning & Community Affairs - Local.
HB 1577. By Representatives Woods of the 32nd and Kaye of the 37th:
A bill to amend Code Section 21-5-30.2 of the Official Code of Georgia Anno tated, relating to contributions by public agencies, so as to prohibit certain conduct or the use of public funds, public facilities, or public assets for cer tain purposes; to prohibit the performance of certain acts by certain agencies or persons employed by certain agencies.
Referred to the Committee on Rules.
HB 1578. By Representatives Powell of the 23rd, McCall of the 90th, Wall of the 82nd, Stephenson of the 25th, Twiggs of the 8th and others: A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under sentence of a state court of record so as to provide for a maximum period of time elapsing between the filing of a habeas corpus petition on behalf of a person under sentence of death and the completion of evidentiary hearings.
Referred to the Committee on Judiciary.
HB 1579. 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 chairperson of said board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1580. By Representative Crews of the 78th:
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 change the provisions relating to prerequisites to a valid marriage.
Referred to the Committee on Judiciary.
HB 1581. By Representative Smith of the 169th:
A bill to amend Code Section 45-7-51 of the Official Code of Georgia Anno tated, relating to salary deductions for payment of insurance premiums for the benefit of state employees, so as to direct departments and agencies of the state to deduct voluntarily designated amounts from the salaries or wages of its full-time employees for the purpose of payment of insurance premiums, including premiums for supplemental benefits.
Referred to the Committee on State Planning & Community Affairs.

FRIDAY, FEBRUARY 2, 1996

487

HB 1582. By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Anno tated, relating to barbers, so as to exempt from regulation by the State Board of Barbers barber programs offered by public technical institutes; to allow barber students and faculty of public technical institutes to acquire licenses under the same conditions as students and faculty of other barber schools.
Referred to the Committee on Education.

HR 940. By Representatives DeLoach of the 119th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County.
Referred to the Committee on State Institutions & Property.

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

HB 1590. By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Code Section 20-4-14 of the Official Code of Georgia Anno tated, relating to the establishment of the Department of Technical and Adult Education and the provision of its powers and duties, so as to change the powers of the Department of Technical and Adult Education relating to student live work projects.
Referred to the Committee on Education.

HB 1591. By Representatives Walker of the 141st, Royal of the 164th and Baker of the 70th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to state government in general, so as to provide that state and local government shall be authorized to accept credit card payment of amounts due to state and local governments.
Referred to the Committee on State Planning & Community Affairs.

HB 1593. By Representatives Chambless of the 163rd, Barnes of the 33rd, Reichert of the 126th and Davis of the 60th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to provide that assisting a child committed to the Department of Children and Youth Services to escape the department's control or custody, harboring an escaped child, and hindering the apprehension of an escaped child are felony offenses.
Referred to the Committee on Judiciary.

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

HB 1545 HB 1546 HB 1547 HB 1548

HB 1549 HB 1550 HB 1551 HB 1552

488

JOURNAL OF THE HOUSE,

HB 1553 HB 1554 HB 1557 HB 1558 HB 1559 HB 1560 HB 1561 HB 1562 HB 1563 HB 1564 HB 1574 HR 931 SB 348 SB 505 SB 510

SB 515 SB 530 SB 532 SB 534 SB 544 SB 554 SB 568 SB 583 SB 586 SB 588 SB 604 SB 628 SR 391 HB 1556 HB 1573

Pursuant to Rule 52, Representative Smith of the 169th moved that the following Bill of the House be engrossed:

HB 1556.

By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to the incorporation of municipal corporations, so as to pro vide that a local Act providing for the reincorporation of certain areas may be enacted without regard to the proximity of an existing municipal corpora tion.

The motion prevailed.

Pursuant to Rule 52, Representative Wall of the 82nd moved that the following Bill of the House be engrossed:

HB 1573. By Representatives Wall of the 82nd, Watts of the 26th, Smith of the 169th, Lee of the 94th, Benefield of the 96th and others:
A bill to amend Code Section 16-12-141 of the Official Code of Georgia Annotated, providing when abortion is legal, so as to prohibit partial-birth abortions and provide for exceptions.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Y Bailey
Y Baker Bannister
Y Barfoot N Bargeron Y Barnard YBarnes Y Bates Y Benefield
Y Birdsong Bordeaux Bostick
Y Breedlove
Y Brooks, D Y Brooks, T N Brown, J N Brush
Buck

Buckner N Bunn
YBurkhalter Y Byrd
Y Campbell Canty Carter Chambleas Channel!
Y Childers N Coker Y Coleman, B
Coleman, T Y Connell Y Crawford Y Crews
Y Culbreth Y Cummings
Davis, G N Davis, M N Day

DeLoach, B Y DeLoach, G
Y Dix Dixon, H
Y Dixon, S Dobbs
N Ehrhart Y Epps N Evans N Falls
Felton N Floyd
Y Godbee N Golden Y Goodwin Y Greene
E Grindley Hanner
Y Harbin N Harris Y Heard

Heckstall Y Hegstrom
N Hembree Henson
Y Holland Y Holmes Y Howard
Hudson N Hugley
Irvin Y James Y Jamieson
Jenkins Johnson, G Y Johnson, J Y Johnston
Y Jones E Joyce N Kaye
Kinnamon Y Klein

Y Ladd N Lakly
Y Lane Y Lawrence
Y Lee N Lewis E Lifaey Y Lord
Lucas N Maddox N Mann Y Martin
Y McBee McCall McClinton
N McKinney
N Mills Mobley, B
Y Mobley, J Y Mosley N Mueller

FRIDAY, FEBRUARY 2, 1996

489

E O'Neal Orrock
Parham Y Parrish
N Parsons E Pelote Y Perry N Pinholster Y Polak Y Porter EPoston YPowell
Puicell, A
Y Purcell, B N Randall

Y Randolph Ray
Y Reaves Y Reichert
N Roberts Y Rogers
Royal N Sanders N Sauder
Scoggins YShanahan YShaw N Sherrill
Y Shipp Simpson

Sinkfield Y Skipper
N Smith, C N Smith, C.W
Y Smith, L Y Smith, P Y Smith, T N Smith, V
Smith, W Smyre N Snelling Y Snow Y Stallings
Y Stancil, F E Stancil, S

On the motion, the ayes were 78, nays 42. The motion was lost.

Stanley, L Stanley, P
Stephenson Y Streat
N Taylor Teague
N Teper Thomas Tillman
Y Titus Towery Trense Turnquest
Y Twiggs Walker, L

N Walker, R.L Y Wall
Y Watson Y Watts
N Westmorland N Whitaker
White Y WilTM i TM". n ww'ir i
n.'n-D *,,,, T"' N Woods
N Yates Murphy, Spkr

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 367 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

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

Mr. Speaker:

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

HB 966 Do Pass, by Substitute HB 1033 Do Pass, by Substitute

HB 1213 Do Pass, by Substitute HB 1218 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1344 Do Pass HB 1520 Do Pass

HB 1521 Do Pass HB 1523 Do Pass

490

JOURNAL OF THE HOUSE,

HB 1524 Do Pass HB 1527 Do Pass HB 1528 Do Pass

HB 1529 Do Pass HB 1533 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 1508 Do Pass HB 1510 Do Pass, by Substitute

HR 883 Do Pass HR 901 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

Mr. Speaker:

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

HB 1319 Do Pass, by Substitute HB 1364 Do Pass, by Substitute HB 1382 Do Pass

HB 1384 Do Pass HB 1458 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 2, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 15th Legislative Day as enu merated below:
HB 1169 Georgia State Museum Authority; create HB 1193 Inmates in certain work details; leg chains (P.P. 2/2/) HB 1419 State Housing Trust Fund for the Homeless; amend HB 1475 World Congress Center; additional powers
HR 769 Blue Ribbon Study Comm on Funding of QBE Act; create HR 804 J. Max Cheney Memorial Bridge; designate HR 850 Elec power gen facilities; urge Cong reject proposal to sell

FRIDAY, FEBRUARY 2, 1996

491

HR 873 WWI vets; study possibility of monument to honor
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 were taken up for considera tion and read the third time:

HB 1344.

By Representatives Bannister of the 77th and Crews of the 78th:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change certain procedures with respect to the considera tion and adoption of city ordinances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1520. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Calhoun County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1521. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Clay County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1523.

By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act consolidating the laws pertaining to the governing authority of Carroll County, so as to change certain age and residency quali fications and election requirements for members of that governing authority.

492

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 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1524.

By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to transfer the intake and probation services of the Juvenile Court of Carroll County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1527.

By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide that the mayor of the City of Lithia Springs, and not a designee of the mayor, shall be an ex-officio mem ber of the authority board of directors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1528. By Representative James of the 140th:
A bill to amend an Act creating a board of commissioners for Macon County, so as to change the compensation of the chairperson and members of such board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1529.

By Representatives Smith of the 109th, Sanders of the 107th and Maddox of the 108th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to the compensation and expenses of the mayor and members of the City Council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 2, 1996

493

HB 1533. By Representatives Brush of the 112th and McCall of the 90th: A bill to create a board of elections and registration for Lincoln County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 623. By Senators Ray of the 19th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide for creation of the Auxiliary Service within the Uniform Division; to provide for appointment of members of the service; to provide for the rank, qualifica tions, compensation, benefits, authority, and powers of members of the ser vice.

HB 1390.

By Representatives Royal of the 164th and Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mitchell County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

HB 1450. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to amend an Act creating the Cherokee County Parks and Recreation Authority, so as to change certain provisions regarding the selection of the secretary and treasurer.

HB 588. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Anno tated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such cred itable service and the payment required for such creditable service.

HB 679. By Representative Buck of the 135th:
A bill to amend Code Section 47-2-182 of the Official Code of Georgia Anno tated, relating to credit in the Employees' Retirement System of Georgia for certain former teachers, so as to provide such credit for teachers of indepen dent school districts who were not members of a local retirement system.

494

JOURNAL OF THE HOUSE,

HB 691. By Representatives Dobbs of the 92nd, Stancil of the 91st, Twiggs of the 8th and Walker of the 141st:
A bill to amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire at the age of 55 years.

HB 743. By Representative Cummings of the 27th:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Anno tated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a mem ber must make contributions for spouses' benefits.

HB 773. By Representatives Buck of the 135th, Benefield of the 96th, Chambless of the 163rd and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit.

HB 782. By Representative Connell of the 115th:
A bill to amend Code Section 47-10-3 of the Official Code of Georgia Anno tated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund, so as to delete a reference to the State Court of Richmond County.

HB 845. By Representatives Jenkins of the 110th and Streat of the 167th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the calculation of retirement benefits.

HB 896. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-21 of the Official Code of Georgia Anno tated, relating to the creation of the office of secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the retirement benefits of such officer under such system.

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.

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.

FRIDAY, FEBRUARY 2, 1996

495

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.

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.

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

HB 148. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifica tions of landfills but shall not be considered vertical expansions; to create the Intergovernmental Solid Waste Coordinating Council and to provide for its membership and duties.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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

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

SB 324. By Senators McGuire of the 30th, Ray of the 19th, Perdue of the 18th 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 autho rize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents.

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

496

JOURNAL OF THE HOUSE,

SB 324. By Senators McGuire of the 30th, Ray of the 19th, Perdue of the 18th 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 autho rize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents.
Referred to the Committee on Education.

SB 623. By Senators Ray of the 19th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide for creation of the Auxiliary Service within the Uniform Division; to provide for appointment of members of the service; to provide for the rank, qualifica tions, compensation, benefits, authority, and powers of members of the ser vice.
Referred to the Committee on Public Safety.

Representative Tillman of the 173rd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1325. By Representatives Tillman of the 173rd, Davis of the 48th, Parrish of the 144th, McKinney of the 51st, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that with respect to any person who has been convicted of a capital offense and has had imposed upon him or her prior to July 1, 1996, a sentence of death, the death penalty shall be carried out by electrocution.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen
Ashe Y Bailey Y Baker N Bannister N Barfoot Y Bargeron N Barnard N Barnes N Bates NBenefleld Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, J Y Brush Y Buck
Buckner Bunn NBurkhalter N Byrd Y Campbell Y Canty Y Carter N Chambless Channell

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

Harbin N Harris Y Heard
Heckstall Hegstrom Y Hembree Y Henson Y Holland Holmes Y Howard N Hudson N Hugley Irvin Y James N Jamieson N Jenkins Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce Y Kaye Kinnamon Y Klein Y Ladd N Lakly N Lane N Lawrence N Lee N Lewis

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

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

FRIDAY, FEBRUARY 2, 1996

497

Stanley, L Stanley, P Stephenson
N Streat N Taylor
Teague

Y Teper Y Thomas Y Tillman Y Titus
Towery N Trense

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

N Watts Y Westmorland N Whitaker
White N Wiles E Williams, B

N Williams, J Williams, R
Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 71, nays 59. The motion prevailed.

Representative Wall of the 82nd moved that the House reconsider its action in failing to engross HB 1573.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
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
Brooks, D Y Brooks, T N Brown, J Y Brush YBuck
Buckner NBunn Y Burkhalter
Byrd Y Campbell Y Canty
Carter Chambless Channell Y Childers Y Coker Y Coleman, B Coleman, T Y Connell
Y Crawford

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

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

On the motion, the ayes were 102, nays 32. The motion prevailed.

Y Parrish Y Parsons E Pelote
Y Perry
N Pinholster
Y Polak Y Porter
E Poston Y Powell
Purcell, A
Y Purcell, B
Randall N Randolph ERay
Reaves Reichert Y Roberts Y Rogers Royal N Sanders Y Sauder Scoggins Y Shanahan Shaw 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 Smith, W

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

Representative Wall of the 82nd moved that HB 1573 be ordered engrossed.

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

Y Alien Y Andersen Y Ashe
Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard

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

N Brown, J Y Brush YBuck
Buckner N Bunn Y Burkhalter YByrd Y Campbell
Canty

Y Carter Chambless Channell
Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G Y Dix

498

JOURNAL OF THE HOUSE,

Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene E Grindley Y Banner Y Harbin N Harris
Heard Heckstall Y Hegstrom Y Hembree N Henson Y Holland Y Holmes Y Howard Hudson Y Hugley

Irvin Y James Y Jamieson
Jenkins Y Johnson, G
Johnson, J Y Johnston
Y Jones E Joyce
N Kaye Kinnamon
Y Klein YLadd NLakly YLane Y Lawrence
YLee Y Lewis E Lifsey YLord
Lucas N Maddox
NMann Y Martin Y McBee
McCall N McClinton

N McKinney N Mills
Mobley, B Y Mobley, J Y Mosley N Mueller E O'Neal Y Orrock YParham Y Parrish Y Parsons E Pelote Y Perry N Pinholster YPolak Y Porter E Poston Y Powell
Purcell, A Y Purcell, B YRandall Y Randolph
E Ray Reaves Reichert
N Roberts Y Rogers

On the motion, the ayes were 101, nays 33. The motion prevailed.

Royal N Sanders Y Sauder
Scoggins Y Shanahan YShaw
Sherrill Y Shipp Y Simpson N Sinkfield Y Skipper
Smith, C N Smith, C.W
Smith, L Y Smith, P
Smith, T N Smith, V
Smith, W Smyre N Snelling
YSnow Y Stallings
Y Stancil, F E Stancil, S
Stanley, L Stanley, P Stephenson

Y Streat N Taylor Y Teague N Teper Y Thomas Y Tillman Y Titus
Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts
N Westmorland
Y Whitaker
White
Y Wiles
E Williams, B
N Williams, J
Y Williams, R
N Woods
N Yates
Murphy, Spkr

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 Judi ciary:
SB 628. By Senators Oliver of the 42nd, Farrow of the 54th, Ralston of the 51st and others:
A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Anno tated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity; to change provisions relating to the surety bonds of secretary-treasurers of such boards.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Special Judiciary:

HB 1580.

By Representative Crews of the 78th:
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 change the provisions relating to prerequisites to a valid marriage.

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

HB 1193. By Representatives Powell of the 23rd, Coleman of the 142nd, Watson of the 139th, Parrish of the 144th, Parham of the 122nd 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.

FRIDAY, FEBRUARY 2, 1996

499

Representative Lee of the 94th moved that debate on HB 1193 be limited to five min utes with the exception of the Presenter and the Committee Chairman.

The motion prevailed.

The following Committee substitute was read:

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 may 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 or public works or in such other manner as the Board of Corrections may deem advisable; to provide that leg chains may be used on inmates in such work details who are considered danger ous; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, is amended by striking in its entirety subsection (a) of Code Section 42-5-58, relating to the prohibition against corporal punishment, and insert ing in lieu thereof a new subsection (a) to read as follows:
"(a) Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use as punishment by any penal institution operated under authority of the board. In transferring violent or potentially dangerous inmates within an institution or between facilities, handcuffs, leg chains, waist chains, and waist belts may be utilized. Handcuffs, leg chains, waist chains, and waist belts may also be used in securing violent or potentially dangerous inmates within an institution and in public and private areas such as hospitals and clin-
as punishment; provided, however, tf the Leg chains may be used for work details out side of confinement areas as authorized in subsection (e) of Code Section 42-5-60. Any time an accused becomes violent in the courtroom, restraints may be used."
SECTION 2. Said article is further amended by striking in its entirety subsection (e) of Code Section 42-5-60, relating to the hiring out of inmates and the sale of products produced by inmates, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The department or any state correctional institution or county correctional institu tion operating under jurisdiction of the board shall be authorized to require inmates coming into its custody who are able and who are not required to be confined under maximum or close security to labor on the public roads or public works or in such other manner as the board may deem advisable. Leg chains may be used on inmates in such work details who are considered dangerous. The department may also contract with municipalities, cities, counties, the Department of Transportation, or any other political subdivision, public authority, public corporation, or agency of state or local government created by law, which entities are authorized by this Code section to contract with the department, for the construction, repair, or maintenance of roads, bridges, public build ings, and any other public works by use of penal labor j provided, however, that the manner in which such inmates are used and the security surrounding such inmates does not create a risk of harm to other persons."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

500

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representatives Perry of the llth and Barnard of the 154th move to amend the Commit tee substitute to HB 1193 as follows:
On page 2 Line 16 & 17 strike the words "close security".

The following amendment was read:

Representative Holmes of the 53rd moves to the amend the Committee substitute to HB 1193 as follows:
Return deleted language on lines 34-35 on page 1; add the words "administrative or rou tine" before punishment on line 1 on page 2 and include deleted language "punishment, provided however; delete the words "if the" and change Leg to lower case "leg".

On the adoption of the amendment, the ayes were 45, nays 92.
The amendment was lost.
Representative Perry of the llth moved that the House reconsider its action in adopt ing the Perry amendment.

The motion prevailed.

By unanimous consent, the amendment was withdrawn.

The following amendment was read and adopted:

Representatives Perry of the llth and Barnard of the 154th move to amend the Com mittee substitute to HB 1193 as follows:
On page 2 Line 16 & 17 strike the words "or close".

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 31.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Carter of the 166th and Wiles of the 34th would like to be recorded as voting "aye" on HB 1193.

Representative Greene of the 158th would like to be recorded as voting "nay" on HB 1193.

Representative Lucas of the 124th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1193.

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:

FRIDAY, FEBRUARY 2, 1996

501

HR 850. By Representatives McCall of the 90th, Powell of the 23rd, Manner of the 159th, Reaves of the 178th, Channell of the lllth and others:
A resolution urging the United States Congress to reject the proposal to sell the facilities used to generate electric power marketed by the Southeastern Power Administration.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1475. By Representatives Parrish of the 144th, Byrd of the 170th, McBee of the 88th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permit ted.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1169.

By Representatives Walker of the 141st, Murphy of the 18th, Baker of the 70th, Lee of the 94th, McBee of the 88th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia State Museum Authority; to create the Georgia State Museum Authority Overview Committee of the General Assembly.

The following amendment was read:

Representative Kaye of the 37th, et al., move to amend HB 1169 as follows:
Beginning on page 9 line 30 through page 16 line 20 delete Section 20-14-14 relating to the issuance of revenue bonds.

Representative Sanders of the 107th moved for a roll call vote.

On the motion, the ayes were 9, nays 88.

The motion was lost.

On the adoption of the amendment, the ayes were 33, nays 88.

The amendment was lost.

The following amendment was read:

502

JOURNAL OF THE HOUSE,

Representative Davis of the 60th moves to amend HB 1169 as follows: Page 5 delete lines 20-23 renumber accordingly.

On the adoption of the amendment, the ayes were 30, nays 84.

The amendment was lost.

The following amendment was read and adopted:

Representative Mann of the 5th moves to amend HB 1169 as follows:
After line two, page seven add:
(22) The authority shall attempt to fund the museum from private sources in order to allow the citizens of Georgia the opportunity of showing their support for the museum. The authority shall report on its efforts to privatize funding prior to requesting addi tional funds from the General Assembly.

The following amendment was read:

Representative Mills of the 21st, et al., move to amend HB 1169 as follows: On page 6, strike lines 40, 41 and on page 7 strike lines 1, 2 and renumber accordingly.

On the adoption of the amendment, the ayes were 37, nays 78.

The amendment was lost.

The following amendment was read and adopted:

Representative Martin of the 47th moves to amend HB 1169 as follows: By adding after the word "state" on line 30 page 7 the following:
", the city" By adding after the word "the" on line 1 of page 8 the following:
", the city or".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 103, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 769. By Representatives Godbee of the 145th, Murphy of the 18th, Smyre of the 136th, Cummings of the 27th, Walker of the 141st and others:
A resolution creating a Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act".

The following amendments were read and adopted:

FRIDAY, FEBRUARY 2, 1996

503

Representative Godbee of the 145th moves to amend HR 769 as follows: Page 2; line 10 strike "18" insert in lieu thereof "10" Lines 10-11 delete eight through and line 11 after each add appointed.

Representative Brown of the 130th moves to amend HR 769 as follows:
Add to line 14 p.2 Sec. 2 and two members appointed by the State School Board Superin tendent.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 99, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 873. By Representative Birdsong of the 123rd:
A resolution expressing appreciation to Georgia's World War I veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erect ing a monument in honor of Georgia's World War I veterans that would be similar to and across from the recently erected World War II monument in front of the James H. "Sloppy" Floyd Veterans Memorial Building.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 804. By Representative Barnard of the 154th: A resolution designating the J. Max Cheney Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 100, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HB 1419 was postponed until Monday, February 5, 1996.

The following Resolutions of the House were read and adopted:

HR 942. By Representative Byrd of the 170th: A resolution commending Corey Deal.

HR 943. By Representative Byrd of the 170th: A resolution commending Kenny Dougherty.

504

JOURNAL OF THE HOUSE,

HR 944. By Representative Byrd of the 170th: A resolution commending Lee Lewis.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 5, 1996 and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, Feb ruary 5, 1996.

MONDAY, FEBRUARY 5, 1996

505

Representative Hall, Atlanta, Georgia Monday, February 5, 1996

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:

Anderson Ashe
Baker Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong Breedlove
Brooks, D Brooks, T Brown, J Brush Buck Buckner Bunn Burkhalter Byrd Campbell Canty Chambless Channel! Guilders Coker Coleman, B

Coleman, T Connell Crawford Crews Culbreth Cummings Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H
Dixon, S Dobbs Epps Falls
Felton
Floyd
Godbee
Golden
Greene
Grindley
Manner
Harris
Heard
Hegstrom
Hembree

Holland Howard Hudson Hugley James
Jenktns
Johnson, G Johnson, J Johnston Kaye Kinnamon Klein Ladd Lakly Lane
Lawrence
Lee Lord
Maddox
Martin
McBee
McClinton
McKinney
Mills
Mobley, J
Mosley
Mueller

O'Neal Par ham Parrish Parsons Pinholster Polak Poston Powell Purcell, A Purcell, B Randall Ray
Reichert Roberts Rogers Royal Sanders Sauder Shanahan Shaw Sherrill Simpson Skipper Smith, C Smith, C.W Smith, L

Smith, P Smith, V Smith, W Snelling S tailings Stancil, F Stancil, S Stephenson Taylor Teper Tillman Titus Towery Trense Turnquest
Walker, R.L
Wall
Watson
Watts
Whitaker
White Wiles
Williams, B
Williams, J
Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Shipp of the 38th, Alien of the 117th, Perry of the llth, Bostick of the 165th, Westmoreland of the 104th, Goodwin of the 79th, Ehrhart of the 36th, Jamieson of the 22nd, Scoggins of the 24th, Streat of the 167th, Bordeaux of the 151st, Walker of the 141st, Carter of the 166th, Sinkfield of the 57th, Bailey of the 93rd, Teague of the 58th, Heckstall of the 55th, Stanley of the 50th, Snow of the 2nd, Irvin of the 45th, Harbin of the 113th and Williams of the 114th.
They wish to be recorded as present.

Prayer was offered by Dr. James Merritt, Pastor, First Baptist Church, Snellville, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

506

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 1583. By Representative Jones of the 71st:
A bill to amend Code Section 31-7-2.1 of the Official Code of Georgia Anno tated, relating to the adoption of rules and regulations by the Department of Human Resources, so as to provide that documents relating to nursing home surveys shall be disclosed.
Referred to the Committee on Human Relations & Aging.

HB 1584. By Representatives Coleman of the 142nd and Benefield of the 96th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Aircraft Authority.
Referred to the Committee on Transportation.

HB 1585. By Representatives Jamieson of the 22nd, Royal of the 164th and Buck of the 135th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce and eliminate certain penalties; to provide for interest on property not remitted in a timely manner.
Referred to the Committee on State Planning & Community Affairs.

HB 1586. By Representatives Royal of the 164th, Jamieson of the 22nd and Buck of the 135th:
A bill to amend Code Section 48-8-49 of the Official Code of Georgia Anno tated, relating to dealers' returns as to gross proceeds of sales and purchases, so as to provide for annual filing of such reports by certain dealers.
Referred to the Committee on Ways & Means.

HB 1587. By Representatives Crawford of the 129th, Barnes of the 33rd and Chambless of the 163rd:
A bill to amend Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, so as to provide for the ripening by prescription of tax deed titles after four years from the recordation of the deeds.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 5, 1996

507

HB 1588. By Representatives Holland of the 157th and Epps of the 131st:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to district attor neys, so as to provide that the county or counties comprising a judicial cir cuit may supplement the salary of the district attorney in an amount determined by the governing authority of the county or counties.
Referred to the Committee on Judiciary.

HB 1589. By Representatives Dixon of the 150th, Mosley of the 171st, Johnson of the 84th, Purcell of the 147th, Reaves of the 178th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an ad valorem property tax exemption for property used in or as a part of certain water conservation facilities; to provide for income tax credits for water conservation facilities and qualified water conservation investment property and for shifts from ground-water usage.
Referred to the Committee on Ways & Means.

HB 1592. By Representatives Smith of the 175th and Smith of the 169th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Charlton County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1594. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the State Court of Fayette County, so as to change the date for the election and the beginning of the term of the first judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1595. By Representatives Lakly of the 105th, Goodwin of the 79th and Davis of the 60th:
A bill to amend Code Section 24-9-40 of the Official Code of Georgia Anno tated, relating to release of medical information, so as to expand the exclu sions contained therein to include other mental health providers in addition to psychiatrists.
Referred to the Committee on Judiciary.

HB 1596. By Representatives Jenkins of the 110th, Smith of the 109th, Bostick of the 165th, Greene of the 158th, Cummings of the 27th and others:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to create the office of senior clerk of the superior court.
Referred to the Committee on Judiciary.

508

JOURNAL OF THE HOUSE,

HB 1597. By Representative White of the 161st:
A bill to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to provide that in any case where a manufactured home, mobile home, trailer, or other type of transportable housing is located on private property and connected to any utility or water service, it shall be unlawful for the operator of a motor com mon carrier licensed by the Public Service Commission for the transportation of manufactured housing to remove such transportable housing.
Referred to the Committee on Industry.

HR 941. By Representatives Smith of the 169th, Cummings of the 27th, Mosley of the 171st, Dixon of the 168th and Byrd of the 170th:
A resolution creating the House Study Committee on Teachers' Pension Increases.
Referred to the Committee on Rules.

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

HB 1609. By Representatives Holland of the 157th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Connell of the 115th and others:
A bill to amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the State of Georgia, so as to provide for its use or display only for official state purposes; to prohibit use or display of the great seal in connection with campaigns for elective office or other political activities.
Referred to the Committee on Judiciary.

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

HB 1565 HB 1566 HB 1567 HB 1568 HB 1569 HB 1570 HB 1571 HB 1572 HB 1575 HB 1576 HB 1577

HB 1578 HB 1579 HB 1580 HB 1581 HB 1582 HB 1590 HB 1591 HB 1593 HR 940 SB 324 SB 623

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 1548 Do Pass

MONDAY, FEBRUARY 5, 1996

509

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

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 5, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 16th Legislative Day as enu merated below:

HB 449 HB 586 HB 756 HB 844 HB 1149 HB 1151 HB 1179

Employees' Ret; GBI Narcotic Agent; prior service credit Teachers Ret; creditable serv; former Employees' Ret member Ad valorem tax; exempt certain vans and buses Vaccination registry for children; provisions Patient cost of care; billing requirements Coin operated games; replays; rewards Mass transit; contracting services to local governments

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

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

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

HB 1548.

By Representative Coleman of the 142nd:
A bill to change the interest rates on bonds, notes, or other obligations of the Dodge County-Eastman Development Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 650. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of White County; to provide for related matters; to provide an effective date.

510

JOURNAL OF THE HOUSE,

SB 651. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Lumpkin County; to provide for related matters; to provide an effective date.

SB 652. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Union County; to provide for related matters; to provide an effective date.

SB 653. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Towns County; to provide for related matters; to provide an effective date.
SB 118. By Senators Perdue of the 18th, Dean of the 31st, Hill of the 4th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide for a zero tolerance for drivers under the age of 21.
SB 416. By Senator Boshears of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, municipal corpo rations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity; to provide for procedures and restrictions in connection therewith.

SB 506. By Senator Griffin of the 25th:
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 general elections for state and county officers; to change the requirements relating to advertisement of a write-in candidacy; 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.

SB 556. By Senators Stokes of the 43rd, Oliver of the 42nd, James of the 35th 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 change the provisions relating to the terms of members of the board of directors of the Authority; to pro vide an effective date.

SB 561. By Senators Madden of the 47th, Ray of the 19th, Walker of the 22nd and Taylor of the 12th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for legislative intent; to pro vide definitions; to provide for access to accident and sickness insurance plans for small employers and self-employed individuals; to provide for appli cability; to require certain disclosures in the offering or sale of small employer health benefit plans.

MONDAY, FEBRUARY 5, 1996

511

SB 594. By Senators Gochenour of the 27th and Langford of the 29th:
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 change the presumption of abandonment of certain unpaid wages; to pro vide for the disposition of such wages.

SB 597. By Senators Clay of the 37th, Edge of the 28th and Johnson of the 1st:
A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable televi sion service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices.

SB 641. By Senators Hill of the 4th, Perdue of the 18th and Broun of the 46th:
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 delete certain provisions relating to the merit system; to change the provisions relating to the powers and duties of the Georgia Student Finance Commis sion; to change the provisions relating to the powers and duties of the Geor gia Student Finance Authority; to provide additional powers for such authority.

HB 779. By Representatives Coleman of the 80th and Bargeron of the 120th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete cer tain obsolete provisions; to change the provisions relating to qualifications for licenses.

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.

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.

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.

512

JOURNAL OF THE HOUSE,

HB 1170.

By Representatives Walker of the 141st, Royal of the 164th and Bostick of the 165th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agen cies, boards, bureaus, commissions, authorities, and similar bodies.

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

SR 413. 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 the City of Cartersville.

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

SB 118. By Senators Perdue of the 18th, Dean of the 31st, Hill of the 4th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide for a zero tolerance for drivers under the age of 21.
Referred to the Committee on Special Judiciary.

SB 416. By Senator Boshears of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, municipal corpo rations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity; to provide for procedures and restrictions in connection therewith.
Referred to the Committee on State Planning & Community Affairs.

SB 506. By Senator Griffin of the 25th:
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 general elections for state and county officers; to change the requirements relating to advertisement of a write-in candidacy; 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.
Referred to the Committee on Governmental Affairs.

SB 556. By Senators Stokes of the 43rd, Oliver of the 42nd, James of the 35th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to change the provisions relating to the terms of members of the board of directors of the Authority; to pro vide an effective date.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, FEBRUARY 5, 1996

513

SB 561. By Senators Madden of the 47th, Ray of the 19th, Walker of the 22nd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for legislative intent; to pro vide definitions; to provide for access to accident and sickness insurance plans for small employers and self-employed individuals; to provide for appli cability; to require certain disclosures in the offering or sale of small employer health benefit plans.
Referred to the Committee on Insurance.

SB 594. By Senators Gochenour of the 27th and Langford of the 29th:
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 change the presumption of abandonment of certain unpaid wages; to pro vide for the disposition of such wages.
Referred to the Committee on Judiciary.

SB 597. By Senators Clay of the 37th, Edge of the 28th and Johnson of the 1st:
A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable televi sion service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices.
Referred to the Committee on Industry.

SB 641. By Senators Hill of the 4th, Perdue of the 18th and Broun of the 46th:
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 delete certain provisions relating to the merit system; to change the provisions relating to the powers and duties of the Georgia Student Finance Commis sion; to change the provisions relating to the powers and duties of the Geor gia Student Finance Authority.
Referred to the Committee on University System of Georgia.

SB 650. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of White County; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 651. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Lumpkin County; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

514

JOURNAL OF THE HOUSE,

SB 652. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Union County; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 653. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Towns County; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 413. 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 the City of Cartersville.
Referred to the Committee on State Planning & Community Affairs.

Representative Lucas of the 124th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:

HB 1193. By Representatives Powell of the 23rd, Coleman of the 142nd, Watson of the 139th, Parrish of the 144th, Parham of the 122nd 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.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson N Ashe
Bailey Y Baker N Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates NBenefield
Birdsong Bordeaux
N Bostick NBreedlove N Brooks, D Y Brooks, T N Brown, J N Brush NBuck N Buckner N Bunn N Burkhalter N Byrd N Campbell Y Canty N Carter N Chambless N Channel! NChilders

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

Y Heard Heckstall
Y Hegstrom N Hembree E Henson N Holland
Holmes Y Howard
Hudson Y Hugley
Irvin Y James N Jamieson N Jenkins
N Johnson, G N Johnson, J N Johnston Y Jones E Joyce N Kaye N Kinnamon N Klein N Ladd N Lakly N Lane N Lawrence N Lee E Lewis E Lifsey N Lord Y Lucas

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

Y Roberts N Rogers N Royal N Sanders N Sauder Y Scoggins N Shanahan
Shaw N Sherrill N Shipp N Simpson
Sinkfield Skipper N Smith, C
N Smith, C.W N Smith, L N Smith, P E Smith, T N Smith, V N Smith, W Y Smyre N Snelling
Snow N Stallings Y Stancil, F N Stancil, S
Stanley, L Stanley, P N Stephenson N Streat Y Taylor

MONDAY, FEBRUARY 5, 1996

515

Teague Y Teper
Thomas
Y Tillman N Titus

N Towery N Trense Y Turnquest
N Twiggs N Walker, L

N Walker, R.L N Wall N Watson
N Watts N Westmoreland

On the motion, the ayes were 31, nays 114. The motion was lost.

N Whitaker Y White N Wiles
Y Williams, B N Williams, J

Williams, R N Woods N Yates
Murphy, Spkr

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 1419.

By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Home less Act," so as to revise definitions; to change the membership of the State Housing Trust Fund for the Homeless Commission; to authorize the commis sion to contract with the Department of Community Affairs; to change provi sions concerning meetings.

The following Committee substitute was read:

A BILL
To amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to revise defini tions; to change the membership of the State Housing Trust Fund for the Homeless Com mission; to authorize the commission to contract with the Department of Community Affairs; to change provisions concerning meetings; to provide that funds may be disbursed to pay for certain services provided by the Department of Community Affairs; to provide that the department may accept and disburse federal funds related to housing programs; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to require the department to assist the Georgia Housing and Finance Authority; to change the terms and composition of the Board of Community Affairs; to change the time in which officers are elected; to provide for a quorum; to provide for an expense allowance for a committee meeting of the board; to grant the department the power to enter into contracts and to undertake programs with the Georgia Housing and Finance Authority; to provide that employees of the department shall serve in the unclassified service of the state merit system and that current classified employees can elect to remain in the classified service unless promoted or transferred to another position; to amend Chapter 26 of Title 50 of the Official Code of Georgia Anno tated, relating to the Housing and Finance Authority, so as to change the composition and terms of the members of the authority; to provide for the election of officers; to provide for an allowance for certain transportation expenses; to prohibit an expense allowance for an authority member entitled to such an allowance for performing duties as a member of the Board of Community Affairs; to provide for the delegation of certain powers and duties to its executive director; to provide for the commissioner of the Department of Community Affairs to serve as the executive director; to authorize the executive director to appoint other personnel; to provide for the power to contract with the Department of Community Affairs for support or for any purpose necessary or incidental to carrying out or performing its duties; to provide that no part of the assets of the authority shall be distributed to the Department of Community Affairs except under limited circumstances; to provide that the authority will be exempt from sales and use taxes on property pur chased or for use by the authority; to provide that all personnel positions authorized by the authority in fiscal year 1996 shall be transferred to the Department of Community Affairs; to provide an effective date; to repeal conflicting laws; and for other purposes.

516

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," is amended by striking Code Section 8-3-301, relating to definitions, and inserting in lieu thereof the following:
"8-3-301.
As used in this article, the term: \"t~7 /\utnoifity mefins tuc ocop^tfl wousin^ &ncr F insncc /vutiiopi ty crested tft OOQC Section 60-26 6. 43)(1) 'Commission' means the State Housing Trust Fund for the Homeless Commis sion created in Code Section 8-3-306. (8}(2) 'Homeless' means persons and families who have no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent, and affordable. (3) 'Low-income persons' means persons or families who lack the income necessary, as determined solely by the commission, to enable them, without financial assistance, to secure safe, sanitary, decent, and affordable housing. (4) 'Member' means a member appointed to serve on the State Housing Trust Fund for the Homeless Commission. (5) 'Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a res idential housing project. (6) 'Residential housing project' means a program designed to enhance residential housing opportunities for low-income persons. Such projects include, but are not lim ited to, financing in whole or in part the acquisition, rehabilitation, improvement, or construction of residential rental housing and interest rate or down payment assist ance programs designed to enhance home ownership opportunities. (7) 'Trust fund' means the State Housing Trust Fund for the Homeless created in Code Section 8-3-302."
SECTION 2. Said article is further amended by striking Code Section 8-3-306, relating to the establish ment of the State Housing Trust Fund for the Homeless Commission, and inserting in lieu thereof the following:
"8-3-306.
(a) There is established the State Housing Trust Fund for the Homeless Commission which shall consist of nine members. Two of the nine members shall be the executive director ef-the Georgia Housing and Finance Authority commissioner of the Department of Community Affairs, or his or her designee, and either the chairperson of the Georgia Housing ad Finance Authority board of directors of the Department of Community Affairs or a member of the board of directors of the Georgia Housing asd Finance Authority Department of Community Affairs designated by the chairperson. The Gover nor shall appoint the remaining seven public members. The public members shall be knowledgeable in the area of housing and, to the extent practicable, shall represent diverse housing concerns. Public members shall serve for a term of four years except that initial appointments shall be staggered as follows: three of the appointees shall serve an initial term of four years and four of the appointees shall serve an initial term of two years. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve the bal ance of the unexpired term. Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (b) The commission shall elect a chairperson who shall serve in that position for a term of two years. The commission shall elect such other officers and appoint committees as it deems appropriate.

MONDAY, FEBRUARY 5, 1996

517

(c) The commission shall hire no staff but shall contract with the Georgia Housing and Finance Authority Department of Community Affairs for professional, technical, and clerical support from the Georgia Housing and Finance Authority Department of Com munity Affairs as required. In the event that the Georgia Housing and Finance Author ity Department of Community Affairs is unable to provide the professional, technical, or clerical services required, the commission may hire outside consultants on a specified project basis. (d) Any and all appropriations made to the trust fund pursuant to the general appropri ations Act or the supplemental appropriations Act shall be directed through the Depart ment of Community Affairs. The commission shall submit its budget to and through the Department of Community Affairs."
SECTION 3. Said article is further amended by striking paragraph (1) of Code Section 8-3-308, relating to the duties of the Commission, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Meet at such times and places as it shall determine necessary or convenient to pBrtorm its duties? 1 tic cifltc tof tnc ZIPS* mcGtinu &ti&ii oc1 ftt wic cciix or tRG cti&irpcrsen ef the beard ef- directors ef the Georgia Housing and Finance Authority;".
SECTION 4. Said article is further amended by striking subsection (b) of Code Section 8-3-310, relating to authorized disbursement, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Funds may also be disbursed from the trust fund to pay expenses of the commis sion, to pay any and all operating expenses, and to pay for professional, technical, and clerical services provided the commission by the Georgia Housing and Finance Authority Department of Community Affairs or by other outside sources."
SECTION 5. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking subsection (b) of Code Sec tion 50-8-3, relating to the duties of the department, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall:
(1) Develop, promote, sustain, and assist local governments; (2) Provide a liaison between local governments and other governments, including the state government and the federal government; (3) Act as the state's principal department for local government affairs and local gov ernment services generally and for programs, functions, and studies in local govern ment affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the depart ment and for those provided by others; (4) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning; (5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments coordinated and comprehensive plan ning; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and

518

JOURNAL OF THE HOUSE,

(6) Serve as the representative of the Governor to local governments and in local gov ernment affairs on a regular basis and on special assignments as authorized by the Governor?; and (7) Assist the Georgia Housing and Finance Authority for any purpose necessary or incidental in the administration and performance of the Georgia Housing and Finance Authority's duties, powers, responsibilities, and functions as provided in Chapter 26 of Title 50."
SECTION 6. Said article is further amended by striking Code Section 50-8-4, relating to the Board of Community Affairs, and inserting in lieu thereof the following:
"50-8-4.
(a) The Board of Community Affairs, as it existed immediately prior to July 1, 1080 1996, shall be abolished effective July 1, 1989 1996, and the Board of Community Affairs, from and after July 1, 1089 1996, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall per form such other functions as may be provided or authorized by law. (b) Membership on the board shall be determined as follows:
(1) The terms of all members of the Board of Community Affairs serving immediately prior to July 1, 1989 1996, shall expire effective July 1, W89 1996. The Governor shall appoint the initial members of the board for terms beginning on July 1, 1980 1996, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of three four of the members shall expire on July 1, 1000 1997, and the terms of three other members shall expire on each July 1 thereafter through July 1, 1904 2001, when the terms of all initial members of the board shall have expired. The Gov ernor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each initial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board shall extend beyond the date of expiration and until their successors are appointed and qualified; (2) The board shall be composed of one member from each United States congres sional district in the state and five additional members from the state at large. ;Fhe membership ef the beard shall include, at att times, net less than eight members who
are elected officials ef municipalities, the Governor may consult with and seek- recom mendations from the Georgia Municipal Association. In appointing members whe are elected officials ef counties, the Governor may consult with and seek- recommendations from the Association County Commissioners ef Georgia. T-he remaining members ahall be appointed by the Governor, in the Governor's discretion, fren* the state at large
appointed officials ef local governments, citizens concerned with environmental issues, citizens interested in development, er other citizens who, in the judgment and diacrc tion ef the Governor, would enhance the board by their membership Members of the board shall include elected officials of either counties or municipalities, individuals who have an interest or expertise in community or economic development, environ mental issues, housing development, or finance, or other citizens who in the judgment and discretion of the Governor would enhance the board by their membership; (3) The term of a member shall expire when it ends or shall terminate earlier immedi ately upon:
(A) Resignation by a member; (B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (C) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;

MONDAY, FEBRUARY 5, 1996

519

(4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; and
(5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office. (c) Officers of the board shall be elected and shall serve as follows:
(1) The officers of the board serving immediately prior to July 1, 1080 1996, shall cease to serve the respective terms for which they were elected, effective July 1, 1080 1996;
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board; (3) The board shall elect officers at each May July meeting or, if there is no May July meeting, at the next monthly meeting; (4) Officers shall serve for a term of one year, beginning with their election and quali fication and ending with the election and qualification of their respective successors; and
(5) No person shall hold the same office on the board for more than one term consec utively.
(d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Eight members ef the board A majority of the members in office shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No mem
ber may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws
or in such other form as the board deems appropriate. (e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in
attendance at a meeting of the board or a committee meeting of the board, plus reim bursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a
personal automobile in connection with such attendance. This per diem and reimburse ment for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation. (f) The board shall determine and establish, from time to time, the territorial bounda
ries for the region of operation by each regional development center; provided, however, any action of the board altering the boundaries of a regional development center shall not be effective until approved by the General Assembly at the next regular session fol
lowing such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered
by the regional development center's predecessor area planning and development com mission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the
boundaries of any region for which a metropolitan area planning and development com mission, created pursuant to Article 4 of this chapter, also serves as the regional devel opment center."
SECTION 7. Said article is further amended by adding at the end of Code Section 50-8-9, relating to contracts with public and private entities or individuals, a new subsection (c) to read as follows:

520

JOURNAL OF THE HOUSE,

"(c) The department shall have the power to enter into contracts with the Georgia Housing and Finance Authority for any purpose necessary or incidental in assisting the Georgia Housing and Finance Authority in carrying out or performing its duties, respon sibilities, and functions; provided, however, all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Housing and Finance Authority and not on behalf of the department; and provided further, such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Housing and Finance Authority, including the provision for joint or comple mentary services, within the scope of their respective powers."
SECTION 8. Said article is further amended by adding immediately following Code Section 50-8-16, relating to rights of state employees and validity of contracts, the following new Code sec tion:
"50-8-17.
Employees of the department 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, however, that if such person accepts a promotion or transfer to another position, he or she shall become an employee in the unclassified service."
SECTION 9. Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and finance Authority, is amended by striking Code Section 50-26-5, relating to the creation, composition, and terms of the authority, and inserting in lieu thereof the fol lowing:
"50-26-5.
(a) There is created a body corporate and politic to be known as the Georgia Housing and Finance Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental func tion. (b) The authority is assigned to the Department of Community Affairs for administra tive purposes only. (c) The authority shall consist of 13 members, te ef whom ate public members

public members shall be appointed with a view toward equitable geographic distribution
comprise the Board of Community Affairs. The public members are subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and are subject to removal for violation of the code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor. Each member shall serve under the same terms and conditions as provided for in Code Section 50-8-4.
years, three ef the initial public members shatt fee appointed for tot initial term f three

t0f *fiC tCFITt Or ft 13 Of ftC? ftppOHltlHCIlt ft FIG Until 1119 Of flCF SUCCCSSOf Sfl8.ll t)6 SpPOlH%6Q
membership ef the authority, whether caused by expiration of term f office, death, resignation, removal, or otncrwioc, snail i&e tilled uy appointment Dy tnc o ovcmor. L tic term of tony member appointed te fiH at uncxpircd term shall fee the remainder of tfee term of the member he or she replaced. The terms of all members of the authority serving immediately prior to July 1^ 1996, shall expire effective July 1^ 1996.

MONDAY, FEBRUARY 5, 1996

521

(e) The At each July meeting, the authority shall elect from its membership a chair, a vice chair, a secretary, and such other officers as it may determine from time to time.
QUCft OIIICCPS Sflflli 9CPV6 IOP SHCfl t<CFW18 ftS 9fl8.ll i9C pfCSCPl tJCQ Dy tllC DylflWS Or cn&
serve for a term of one year beginning with their election and qualification and ending with the election and qualification of their respective successors. No person shall hold the same office for more than one consecutive term, and no member of the authority shall hold more than any one office of the authority. (f) The public members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly, plus actual transportation expenses incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a personal automobile, for each day's service spent in the performance ef the duties ef the authority, provided that such compensation shall
elected chair, in which event such compensation shall tee limited te W6 days during any ene fiscal year. The e* officio members shall receive reimbursement for- actual expenses incurred in the performance ef their duties, day a member is in attendance at a meeting of the authority or a committee meeting of the authority. Notwithstanding the foregoing, no member shall receive an expense allowance or transportation reimbursement if said member is entitled to receive an expense allowance, transportation reimbursement, or per diem allowance for performance of duties as a member of the Board of Community Affairs for work performed on that day. (g) Except for the authorization of the issuance of bonds, the authority may delegate te ene e* mere ef its members, to the executive director? er te any agent er employee ef the authority such powers and duties as it may deem proper.
tivc oiliceF OT %ft flutnor1ty find SCFvc fts flu GX oiticio tionvoting mcmucr of tttft DO&FQ ef directors. The commissioner of the Department of Community Affairs shall be the executive director of the authority. The executive director shall appoint such directors, deputies, and assistants as may be necessary to manage the operations of the authority and may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient. (i) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empow ered to make loans and grants, allocate credits, provide financial assistance, and other wise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be purchased or leased from or sold, leased, or otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue of partnership or ownership of a for profit corporation. This subsection does not pre clude loans or grants to, or financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority. (j) The Attorney General shall provide legal services for the authority, and, in connec tion therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable."
SECTION 10. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Sec tion 50-26-8, relating to the powers of the Georgia Housing and Finance Authority, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trust ees, and accountants and to fix their compensation and pay their expenses2 including the power to contract with the Department of Community Affairs for professional, technical, clerical, and administrative support as may be required;".

522

JOURNAL OF THE HOUSE,

SECTION 11. Said chapter is further amended by striking paragraphs (35) and (36) of subsection (a) of Code Section 50-26-8, relating to the powers of the Georgia Housing and Finance Author ity, and inserting in lieu thereof the following:
"(35) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; and (36) To finance or facilitate in any manner the provision of health care services in the state, directly or incJrectly and through one or more intermediaries, including, without limitation, the state; any institution, department, agency, fund, or authority of the state or created under state law; any political subdivision of the state; or any other public or private business, enterprise, agency, corporation, or authority, or any other entity; provided, however, that the authority shall not be authorized to directly pro vide health care services to patientsi ;and (37) The authority shall have the power to contract with the Department of Commu nity Affairs for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and man agement of the authority; provided, however, such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Community Affairs or any other department, authority, or agency of the state unless otherwise provided by law, except that the authority shall be authorized and empow ered to pay reasonable compensation for services rendered and to reimburse expenses incurred and except as may be deemed necessary or desirable by the authority to ful fill the purposes of the authority as set forth in this chapter. Nothing in this para graph shall be construed as precluding the provision by the Department of Community Affairs or any other department, authority, or agency of the state and the authority of joint or complementary services or programs within the scope of their respective powers."
SECTION 12. Said chapter is further amended by striking subsection (d) of Code Section 50-26-9, relat ing to the power to issue bonds and incur indebtedness, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their trans fer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemp tion from taxation shall et include exemptions from sales and use taxes on property purchased by the authority or for use by the authority."
SECTION 13. Said chapter is further amended by adding at the end thereof a new Code section to read as follows:
"50-26-22.
Effective July 1, 1996, without diminishing the powers of the authority pursuant to Code Section 50-26-8, all personnel positions authorized by the authority in fiscal year 1996 shall be transferred to the Department of Community Affairs. All employees of the

MONDAY, FEBRUARY 5, 1996

523

authority on June 30, 1996, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Com munity Affairs, shall become employees in the unclassified service of the state merit sys tem as defined by Code Section 45-20-6, and shall be eligible to transfer to and receive creditable service in the 'Employees' Retirement System of Georgia,' and any employ ment benefits of any employee transferring to such department shall not be impaired."
SECTION 14. This Act shall become effective on July 1, 1996.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Royal of the 164th, Baker of the 70th and Cummings of the 27th move to amend the Committee substitute to HB 1419 as follows:
On page 15, line 33 - strike the comma after 45-20-6 and replace it with a period and strike all of the language thereafter through line 37.
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 Alien Y Anderson
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, 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 Y Crawford

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

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

Y Parrish Y Parsons
E Pelote Y Perry Y Pinholster
Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall E Randolph
YRay Y Reaves Y Reichert N Roberts
Y Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T N 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 Thomas Y Tillman Y Titus Y Towery Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Wall
Y Watson
Y Watts
Westmoreland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J
Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 6.

524

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substitute, aisa aummpennrdlpeHd.
HB 449. By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to pro vide that members with prior service as a narcotics agent with the Georgia Bureau of Investigation shall be eligible to obtain creditable service for such prior service.

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 Alien
Y Anderson Y Ashe Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Y Buckner YBunn
Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
E Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner
Harbin Y Harris 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 Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee E Lewis E Lifsey YLord Y Lucas Y Maddox
Mann Y Martin Y McBee
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 E Pelote Y Perry Y Pinholster Y Polak
Porter Poston Y Powell Y Purcell, A Y Purcell, B YRandall E Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W

Smyre Y Snelling
Snow YStallings 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
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
Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

HB 586. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Anno tated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Geor gia who withdrew contributions from such system, so as to provide that such members who withdrew contributions more than three times may establish service under certain conditions.

MONDAY, FEBRUARY 5, 1996

525

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Georgia who withdrew contributions from such system, so as to provide that such members who withdrew contributions more than three times may establish service under certain conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1 . Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit for ser vice under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Georgia who withdrew contributions from such system, is amended by redesignating subsection (b) as subsection (e) and by striking in its entirety subsection (a), which reads as follows:
"(a) Any current member who was previously a member of the Employees' Retirement System of Georgia and who withdrew employee contributions from that system not more than three times after January 1, 1961, may establish the service under that system as creditable service under this retirement system, upon rendering at least three years of service as a contributing member of this retirement system, provided that such member pays into this retirement system for all such service rendered while a member of the Employees' Retirement System of Georgia an amount equal to the minimum employee contributions required for continuous members of this retirement system, plus regular interest that would have accrued on such amount from the date that contributions to the Employees' Retirement System of Georgia stopped being credited with interest. Upon receipt of notice from the Teachers Retirement System of Georgia that a member has repaid to it contributions previously withdrawn from the Employees' Retirement System of Georgia, the Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit.", and inserting in lieu thereof the following: "(a) Subject to the additional requirements of subsections (b) and (c) of this Code sec tion, any current member who was previously a member of the Employees' Retirement System of Georgia and who withdrew employee contributions from that system may reestablish the creditable service represented by the withdrawn contributions by paying to the board of trustees the minimum employee contributions required for continuous members of this retirement system, plus regular interest that would have accrued on such amount from the date that contributions to the Employees' Retirement System of Georgia stopped being credited with interest. Upon receipt of notice from the Teachers Retirement System of Georgia that a member has repaid to it contributions previously withdrawn from the Employees' Retirement System of Georgia, the Employees' Retire ment System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be

526

JOURNAL OF THE HOUSE,

placed in the pension accumulation fund and will adjust the amount of employee retire ment contributions required for service credit. (b) A member must complete a minimum number of years of service as a contributing member of the retirement system before becoming eligible to reestablish creditable ser vice under subsection (a) of this Code section as follows:
(1) When accumulated contributions have been withdrawn not more than three times, the minimum shall be three years; (2) When accumulated contributions have been withdrawn not more than four times, the minimum shall be five years; and (3) When accumulated contributions have been withdrawn five or more times, the minimum shall be ten years. (c) The regular interest rate provided for in subsection (a) of this Code section shall be increased 2 percent for each withdrawal of accumulated contributions exceeding three such withdrawals. (d) A member may establish a portion of the creditable service represented by all of the member's withdrawn contributions by paying to the board of trustees a pro rata amount based upon the total accumulated contributions withdrawn plus interest in accordance with rules adopted by the board of trustees and subject to the provisions of subsections (a), (b), and (c) of this Code section."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Baker
Bannister YBarfoot 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, J Y Brush Y Buck YBuckner
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 Crawford Y Crews Y Culbreth Y Cummings E Davis, C Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene
Grindley Y Hanner

Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce
Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee E Lewis

E Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee
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 E Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall

E 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 Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S

MONDAY, FEBRUARY 5, 1996

527

Y Stanley, L Stanley, P
Y Stephenson Streat
Y Taylor Teague

Y Teper Thomas
Y Tillman Y Titus Y Towery Y Trense

Turnqueet 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 Williams, R Woods
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1151. By Representative Watson of the 139th:
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 provi sions relating to the earning of replays on coin operated games or devices and to provide for the discharge of the accumulated replays; to change the provi sions relating to the manner and type of reward a winning player receives when operating certain other coin operated games or devices.

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

Y Crews Y Culbreth Y Cummings E Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix Dixon, H
Y Dixon, S N Dobbs Y Ehrhart YEpps N Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner
Harbin
Y Harris 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 Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce
Kaye Y Kinnamon Y Klein YLadd N Lakly YLane Y Lawrence YLee E Lewis E Lifsey YLord Y Lucas Y Maddox NMann Y Martin Y McBee Y McCall Y McClinton
McKinney N Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston Y Powell Y Purcell, A N Purcell, B YRandaU E 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 Y Skipper Y Smith, C Y Smith, C.W Y Smith, L N Smith, P
E Smith, T Y Smith, V
Y Smith, W

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

On the passage of the Bill, the ayes were 140, nays 14. The Bill, having received the requisite constitutional majority, was passed.

528

JOURNAL OF THE HOUSE,

HB 1149.

By Representative Mueller of the 152nd:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, "The Patient Cost of Care Act," so as to provide for certain billing requirements.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, "The Patient Cost of Care Act," so as to provide for certain billing requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 37 of the Official Code of Georgia Annotated, "The Patient Cost of Care Act," is amended by striking Code Section 37-9-11, relating to billing, and inserting in its place the following:
"37-9-11. The department shall bill persons liable for cost of care for the amount due on their assessments in the same manner as other debts and accounts. All bills shall provide per sons liable for cost of care a simple method for requesting the dates of service for which the costs billed therein were incurred and the department shall provide the information thus requested. The department is authorized to maintain in the name of the depart ment and the State of Georgia any action at law or equity in any court of this state or any other state which may be necessary to collect such sums."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Purcell of the 147th and Walker of the 141st move to amend the Commit tee substitute to HB 1149 as follows:
By deleting the sentence after the word "accounts." on line 14 and substituting in lieu thereof:
"The initial bill, in order for the receipient to be liable therefor, shall contain, at a mini mum, the date or dates of service and a brief description of the service rendered and the charge or charges for each service rendered."

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 Alien Y Andersen 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 Y Brooks, D Y Brooks, T Y Brown, J Y Brush Y Buck

Y Buckner Bunn Burkhalter
Y Byrd Y Campbell Y Canty Y Carter

Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell

MONDAY, FEBRUARY 5, 1996

529

Y Crawford Y Crews Y Culbreth Y Cummings E 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 Harbin Y Harris Y Heard Y Heckstall

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly
YLane Y Lawrence
YLee E Lewis
E Lifsey YLord Y Lucas

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

Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scoggins
Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling Y 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 Westmorland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J
Williams, R
Y Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd, Kinnamon of the 4th, Smith of the 12th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the pur pose of maintaining and operating such religious group.

The following Committee substitute was read and adopted:

A BILL
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 provide for an exemption for certain vans and buses owned by religious groups; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 adding a new Code sec tion immediately following Code Section 48-5-470.1, to be designated Code Section 48-5-470.2, to read as follows:
"48-5-470.2.

530

JOURNAL OF THE HOUSE,

Vans and buses owned by religious groups and used exclusively for the purpose of main taining and operating exempt properties owned by such groups or for the exclusive pur pose of transporting individuals to religious services or trips sponsored by such religious groups designed to promote religious, educational, or charitable purposes and not for the purposes of producing private or corporate profit and income distributable to sharehold ers in corporations owning such property or to other owners of such property or for any private purposes are exempted from any and all ad valorem taxes imposed by any tax jurisdiction in this state."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of sub mitting this Act to the electors of the State of Georgia for approval or rejection. The Sec retary of State shall conduct that election on the date of the November, 1996, general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State 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 each county in the state. The ballot shall have written or printed thereon the words:
YES Shall the Act be approved which provides for an exemption from ad valoNO rem taxes for certain vans and buses owned by religious groups?"
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, Section 1 of this Act shall become of full force and effect on January 1, 1997, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not conducted as pro vided in this section, Section 1 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.
SECTION 3. Except as 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.

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard Y Barnes Y Bates YBenefield YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J

Y Brush Y Buck Y Buckner Y Bunn
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 Crawford Y Crews YCulbreth

Y Cummings E Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton Y Floyd N Godbee Y Golden Y Goodwin

Y Greene Y Grindley Y Banner
Harbin Y Harris 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 E Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee E Lewis E Lifsey Y Lord Y Lucas Y Maddox Y Mann

MONDAY, FEBRUARY 5, 1996

531

Y Martin Y McBee
McCall N McClinton
McKinney Y Mills
Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons
E Pelote Y Perry

Y Pinholster Y Polak Y Porter Y Poston
Powell
Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder

Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling

YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague N Teper
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
Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and Jones of the 71st:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.

The following Committee substitute was read:

A BILL
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources; to provide for reporting requirements and con tents of the registry; to provide for utilization of the registry by the department; to pro vide for maintenance of records; to provide for limited disclosure of registry information; to limit application of certain prohibitions; to provide civil immunity for certain persons reporting or receiving registry information to or from the department; to provide for fund ing of the registry program; to provide for rules and regulations; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding after Code Section 31-12-3 a new Code Section 31-12-3.1 to read as follows:
"31-12-3.1.
(a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current vaccination records to be used in aiding, coordinating, and promoting effective and cost-efficient childhood disease prevention and control efforts, shall establish and maintain a childhood vaccination registry. (b) Any person who administers a vaccine or vaccines licensed for use in children by the United States Food and Drug Administration to a child under the age of 18 shall for each such vaccination provide to the department such data as are deemed by the depart ment to be necessary and appropriate for purposes of the vaccination registry estab lished pursuant to subsection (a) of this Code section, including, without limitation:

532

JOURNAL OF THE HOUSE,

(1) The name of the child; (2) The child's date and place of birth, including the name of the hospital where delivered, if applicable; (3) The names and addresses of the child's parents or guardians; (4) The date of the vaccination and the specific type or types of vaccine or vaccines administered to the child on that date; and (5) Complications or side effects resulting from a vaccination, if any. Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting such data, shall begin after the registry has established linkages to vaccine providers and shall be established by the department in consultation with the United States Centers for Disease Control and Prevention, the Georgia chapter of the American Academy of Pediatrics, and the Georgia Academy of Family Physicians. (c) The department shall utilize the registry to provide notices, whether by mail, tele phone, personal contact, or other means, to parents or guardians regarding their children or wards who are due or overdue for a particular type of vaccination according to recom mended vaccination schedules. The department shall consult with medical services providers to determine the most effective and efficient manner of using the registry to provide such notices. (d) Vaccination records for any child included within the vaccination registry shall be maintained as part of the registry until the child reaches the age of 18. (e) Individually identifiable vaccination information regarding a child may be provided to the department by, or released by the department to, a local health department, hos pital, physician, or other provider of medical services to the child or to a school or child care facility in which the child is enrolled without the consent of the child's parents or guardians. A parent or guardian may obtain and upon request to the department shall be provided with all individually identifiable vaccination registry information regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of a child's parent or guardian. (f) Nothing in this Code section shall: (1) Prohibit the department from enrolling a child in the vaccination registry without the consent of a parent or guardian; (2) Prohibit the department from providing or publishing registry information in aggregate form for scientific, educational, or public health purposes, provided that such information is published without releasing or identifying individual names con tained in the registry; (3) Prohibit the department or any medical services provider from notifying a parent, guardian, or child of the child's vaccination status or of a vaccination that is due or overdue according to recommended vaccination schedules; or (4) Diminish a parent's or guardian's responsibility for having a child vaccinated properly. (g) Any person, including but not limited to practitioners of the healing arts, submitting or obtaining in good faith vaccination reports or data to or from the department in com pliance with the provisions of this Code section and any rules or regulations promul gated pursuant to this Code section shall not be liable for any civil damages therefor, (h) The department is authorized to accept any grants, gifts, awards, and funds from government, public, and private sources to supplement any appropriation made for the purpose of funding the provisions of this Code section. (i) The department is authorized and directed to promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this Code section."
SECTION 2. This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 5, 1996

533

The following amendment was read:
Representative Westmoreland of the 104th moves to amend the Committee substitute to HB 844 as follows: Page 2 after line 13 insert
"(6) All children who test HIV positive shall be enrolled in the vaccination registry."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

On the adoption of the amendment, the ayes were 89, nays 53. The amendment was adopted.

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

The following amendment was read:

Representative Westmoreland of the 104th moves to amend the Committee substitute to HB 844 as follows:
Page 2 line 40 delete the word "without" and replace with "with".
Page 3 line 11 delete the word "without" and replace with "with".

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

N Alien N Anderson N Ashe

N Bailey N Baker
N Bannister

N Barfoot N Bargeron Y Barnard

N Barnes N Bates N Benefield

N Birdsong N Bordeaux N Bostick

534

JOURNAL OF THE HOUSE,

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

NEhrhart NEpps Y Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin N Greene N Grindley N Banner
Harbin N Harris
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 N Jones E Joyce

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

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

On the adoption of the amendment, the ayes were 24, nays 131. The amendment was lost.

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

The following amendment was read and adopted:

Representative Snelling of the 99th moves to amend the Committee substitute to HB 844 as follows:
Page 2 lines 40 & 41 delete words "without the consent of the child's parents or guardians
Page 2 line 40 - after the word "enrolled" add (.Kperiod) All children shall be enrolled unless a specific exemption is requested by the child's parents or guardians(.)(period)

The following amendment was read:

Representative Wiles of the 34th moves to amend the Committee substitute to HB 844 by adding at the end of line 31 of page 2 the following:
"If a parent or guardian furnishes to the department an affidavit in which the parent or guardian swears or affirms that immunization conflicts with the beliefs of the parent or guardian, a 'B' will be placed on the registry next to the name of the child to indicate such objection by the parent or guardian. Notices authorized under this subsection shall not be provided to a parent or guardian who objects to immunization unless there is a disease in epidemic stages which poses a direct threat to the child."

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

N Alien N Anderson NAshe

N Bailey N Baker Y Bannister

N Barfoot N Bargeron N Barnard

N Barnes N Bates
N Benefield

Y Birdsong N Bordeaux
N Bostick

MONDAY, FEBRUARY 5, 1996

535

N Breedlove N Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter YByrd N Campbell N Canty N Carter N Chambless N Channel! N Childers Y Coker N Coleman, B N Coleman, T N Connell N Crawford
Y Crews Y Culbreth Y Cummings E Davis, G Y Davis, M
NDay N DeLoach, B Y DeLoach, G NDix N Dixon, H
Dixon,S NDobbs

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

YKaye N Kinnamon Y Klein YLadd YLakly NLane N Lawrence YLee E Lewis E Lifsey NLord N Lucas Y Maddox
Mann N Martin
N McBee McCall
N McClinton N McKinney Y Mills
Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock Y Parham N Parrish Y Parsons E Pelote N Perry Y Pinholster N Polak

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

On the adoption of the amendment, the ayes were 50, nays 108. The amendment was lost.

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

Representative Randall of the 127th moved that the House reconsider its action in adopting the first Westmoreland amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y 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 N Brooks, D Y Brooks, T N Brown, J
N Brush YBuck Y Buckner N Bunn N Burkhalter NByrd N Campbell Y Canty N Carter N Chambless Y Channell Y Childers
N Coker

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

Y Hegstrom N Hembree Y Henson N Holland Y Holmes Y Howard N Hudson Y Hugley N Irvin Y James Y Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston
Y Jones E Joyce NKaye N Kinnamon N Klein NLadd N Lakly YLane Y Lawrence NLee E Lewis E Lifsey NLord Y Lucas N Maddox
Mann Y Martin

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

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

536

JOURNAL OF THE HOUSE,

N Towery Y Trense Y Turnquest N Twiggs

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

Watts N Westmorland N Whitaker Y White

N Wiles Williams, B
N Williams, J Williams, R

N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 76, nays 83. The motion was lost.

The following amendment was read:

Representative White of the 161st moves to amend the Committee substitute to HB 844 as follows:
Adding on page 4 a new Section 2 and renumber accordingly.
"Any parent or parents who refuse to immunize their children before entering public school because of religious beliefs shall be required to home school the child or children.

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

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

N Crews N Culbreth
N Cummings E Davis, G N Davis, M N Day N DeLoach, B
N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart Y Epps N Evans N Falls N Felton Y Floyd N Godbee N Golden N Goodwin N Greene N Grindley
N Hanner Harbin
N Harris Heard
Y Heckstall N Hegstrom N Hembree N Henson N 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 Y Jones E Joyce NKaye N Kinnamon N Klein NLadd N Lakly NLane N Lawrence NLee E Lewis E Lifsey NLord
Lucas N Maddox
Mann N Martin N McBee
McCall Y McClinton
McKinney N Mills
Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal N Orrock N Parham

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

On the adoption of the amendment, the ayes were 16, nays 140. The amendment was lost.

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

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 844 as follows:

MONDAY, FEBRUARY 5, 1996

537

Page 2, line 26 delete the words "due or".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

Y Crews Y Culbreth
N Cummings E Davis, G Y Davis, M N Day N DeLoach, B N DeLoach, G YDix Y Dixon, H
N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin N Greene Y Grindley N Manner
Harbin Y Harris 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 Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones E Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly
NLane Y Lawrence NLee E Lewis E Lifsey
NLord N Lucas Y Maddox Y Mann N Martin Y McBee
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 N Parsons E Pelote N Perry Y Pinholster N Polak
Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert
Roberts N Rogers N Royal Y Sanders Y Sauder Y 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 E Smith, T Y Smith, V Y Smith, W

On the adoption of the amendment, the ayes were 56, nays 107. The amendment was lost.

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

The following amendment was read:
Representative Crews of the 78th moves to amend the Committee substitute to HB 844 by adding on line 12 of page 3 between the word "guardian" and the semicolon the follow ing:
"; provided, however, that no child shall be enrolled in such registry if the parent or guardian furnishes to the department an affidavit in which the parent or guardian swears or afffirms that immunization conflicts with the beliefs of the parent or guard-

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

N Alien N Anderson
N Ashe Y Bailey N Baker Y Bannister N Barfoot

N Bargeron Y Barnard
N Barnes N Bates Y Benefield
N Birdsong Y Bordeaux

Bostick Y Breedlove N Brooks, D N Brooks, T Y Brown, J
Brush NBuck

Y Buckner Y Bunn Y Burkhalter
YByrd N Campbell
N Canty N Carter

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

538

JOURNAL OF THE HOUSE,

N Crawford Y Crews Y Culbreth Y Cummings E Davis, G Y Davis, M
Day
Y DeLoach, B Y DeLoach, G NDix N Dixon, H
Dixon, S
N Dobbs Y Ehrhart
NEpps Y Evans Y Falls N Felton N Floyd NGodbee N Golden Y Goodwin
Greene Y Grindley N Banner
Harbin Y Harris N Heard N Heckstall

N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N Hudson N Hugley N Irvin N James
N Jamieson Y Jenkins Y Johnson, G N Johnson, J
Y Johnston N Jones E Joyce
YKaye Y Kinnamon Y Klein
YLadd YLakly
NLane N Lawrence YLee E Lewis
E Lifsey NLord N Lucas

Y Maddox Mann
N Martin
N McBee McCall
N McClinton N McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal NOrrock NParham N Parrish Y Parsons
E Pelote Y Perry Y Pinholster N Polak
Porter N Poston
Powell Purcell, A N Purcell, B NRandall N Randolph YRay

N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggina Y 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
E Smith, T Y Smith, V
Smith, W N Smyre Y Snelling
NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L

On the adoption of the amendment, the ayes were 62, nays 90. The amendment was lost.

Stanley, P N Stephenson N Streat N Taylor NTeague N Teper
Thomas N Tillman Y Titus
Towery N Trense N Turnquest
Twiggs N Walker, L Y Walker, R.L Y Wall
N Watson
Watts
Y Westmoreland
Y Whitaker
N White
Y Wiles
N Williams, B
Y Williams, J
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 Alien Y Anderson 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, J Y Brush YBuck Y Buckner Y Bunn N 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 Crawford Y Crews Y Culbreth Y Cummings E Davis, G Y 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 Y Goodwin Y Greene Y Grindley Y Hanner
Harbin Y Harris

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee E Lewis E Lifsey YLord Y Lucas

Y Maddox Mann
Y Martin Y McBee
McCall Y McClinton Y McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish
Y Parsons E Pelote Y Perry
Y Pinholster Y Polak
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 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 E Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor

MONDAY, FEBRUARY 5, 1996

539

YTeague YTeper
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 Westmorland

Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J

Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1179. By Representatives McKinney of the 51st and Ashe of the 46th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Anno tated, relating to mass transportation, so as to authorize certain public agen cies, public bodies corporate, public corporations, and public authorities to provide transit services or transit facilities by contract to counties, munici palities, or political subdivisions.

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

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

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

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

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

On the passage of the Bill, the ayes were 119, nays 39. The Bill, having received the requisite constitutional majority, was passed.

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.

540

JOURNAL OP THE HOUSE,

Representative Ladd of the 59th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1179.

Representative Watts of the 26th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 705 Do Pass SB 545 Do Pass
Respectfully submitted, /a/ Watts of the 26th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 546 Do Pass, by Substitute HB 1284 Do Pass, by Substitute HB 1309 Do Pass, by Substitute
Respectfully submitted, /a/ Chambless of the 163rd
Chairman

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

Mr. Speaker:

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

HB 963 Do Pass HB 1006 Do Pass, by Substitute SB 67 Do Pass

SB 163 Do Pass SB 304 Do Pass

Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

MONDAY, FEBRUARY 5, 1996

541

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

HB 1209 Do Pass, by Substitute HB 1222 Do Pass, by Substitute HB 1355 Do Pass, as Amended HB 1497 Do Pass

HR 878 Do Pass SB 387 Do Pass SB 519 Do Pass

Respectfully submitted, H Royal of the 164th
Chairman

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

542

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 6, 1996

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:

Alien Anderson Aahe Bailey Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong Bostick Breedlove Brooks, D Brooks, T Brown, J
uck 5BTMurk"hal,.ter
cXbell Carter Chambless Channell Coker

Coleman, B Connell Crews Culbreth Cummings Davis, G Day DeLoach, B DeLoach, G Oil Ehrhart Epps Felton Godbee Golden Goodwin Greene
J* TM H5eciks.talnl
& Holland Howard Hudson Hugley

James Jamieson Jenkins Johnson, G Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lev/is Lifsey
Lord MMaanddnox
JJcBee McCfl11 McKinney Mills Mobley, B

Mobley, J Mosley Mueller O'Neal Orrock Parham Parsons Perry Porter Powell Purcell, A Purcell, B Reaves Roberts Rogers Royal Sanders
Sauder &Shh anahan
Simpson S^PP" Smith, C Smith, L Smith, P

Smith, V Smyre Snelling Snow Stallings Stancil, F Stancil, S Stephenson Streat Taylor Teper Thomas Tillman Trense Wall Watson Watts
Westmoreland WWUheit8aker
Williams, B Williams, R Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Canty of the 52nd, Polak of the 67th, Ray of the 128th, Harris of the 17th, Falls of the 125th, Turnquest of the 73rd, Poston of the 3rd, Evans of the 28th, Grindley of the 35th, Jones of the 71st, Walker of the 87th, Titus of the 180th, Smith of the 174th, Floyd of the 138th, Davis of the 60th, Stanley of the 49th, Crawford of the 129th, Hanner of the 159th, Buckner of the 95th, Smith of the 169th, Sinkfield of the 57th, Smith of the 19th, Sherrill of the 62nd, Towery of the 30th, Stanley of the 50th, Dobbs of the 92nd, Lucas of the 124th, Bordeaux of the 151st, Scoggins of the 24th, Ran dolph of the 72nd, Brush of the 112th, Baker of the 70th, Shaw of the 176th, Williams of the 83rd, Teague of the 58th, McClinton of the 68th and Twiggs of the 8th.
They wish to be recorded as present.

Prayer was offered by the Reverend E. L. Hart, First African Missionary Baptist Church, Kingsland, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

TUESDAY, FEBRUARY 6, 1996

543

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

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

HB 1598. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1599. By Representative Shipp of the 38th:
A bill to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the sale to or possession by minors of cigarettes and tobacco related objects, so as to make it unlawful for a minor to possess any cigarettes or tobacco related objects.
Referred to the Committee on Special Judiciary.

HB 1600. By Representative Crawford of the 129th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a district attorney in certain circumstances.
Referred to the Committee on Judiciary.

HB 1601. By Representative Carter of the 166th:
A bill to amend an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, so as to provide that the chief judge of the superior court shall appoint the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1602. By Representative Shipp of the 38th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to provide that the Public Service Commission is authorized to designate certain county or municipal govern ments as may be necessary to assist in the proper enforcement of the laws relating to motor common carriers and motor contract carriers.
Referred to the Committee on Industry.

544

JOURNAL OF THE HOUSE,

HB 1603. By Representative Smith of the 109th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to regional solid waste management authorities, so as to provide that units of local government which have acti vated waste management authorities may deactivate the same by ordinance or resolution.
Referred to the Committee on Natural Resources & Environment.

HB 1604. By Representative Smith of the 174th:
A bill to amend Code Section 40-5-20 of the Official Code of Georgia Anno tated, relating to the requirement for a motor vehicle driver's license, so as to change a certain provision regarding the requirement for obtaining a Geor gia driver's license before operating a motor vehicle in this state.
Referred to the Committee on Motor Vehicles.

HB 1605. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to provide for staggered elections for the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1606. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1607. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Ben Hill County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1608. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the clerk of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1610. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Anno tated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for rea sonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility.
Referred to the Committee on Education.

TUESDAY, FEBRUARY 6, 1996

545

HB 1611. By Representative Holland of the 157th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoe nas and notice to produce, so as to provide that certain persons shall be enti tled to receive a witness fee.
Referred to the Committee on Judiciary.

HB 1612. By Representatives Perry of the llth, Crews of the 78th, Kinnamon of the 4th, Childers of the 13th, Mills of the 21st and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to pro vide for the eligibility of students enrolled in home study programs for dual enrollment in public schools.
Referred to the Committee on Education.

HB 1613. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementation of a state-wide uniform automated information system for real and personal property records.
Referred to the Committee on Judiciary.

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

HB 1623. By Representatives Channell of the lllth, Parham of the 122nd and Birdsong of the 123rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Ocmulgee Judicial Circuit of Geor gia.
Referred to the Committee on Judiciary.

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

HB 1583 HB 1584 HB 1585 HB 1586 HB 1587 HB 1588 rHiDB 1155o992
HB 1594
HB 1595
HB 1596
HB 1597
HB 1609
HR 941

SB 118 SB 416 SB 506 SB 556 SB 561 gg 594 SQTBJ 5C9O7'7
Ml
SB 65
SB 651
SB 652
SB 653
SR 413

546

JOURNAL OF THE HOUSE,

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 931 Do Pass SB 508 Do Pass, as Amended
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 529 Do Pass SB 590 Do Pass SB 604 Do Pass
Respectfully submitted, /s/ Carter of the 166th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 770 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 1576 Do Pass SB 589 Do Pass

TUESDAY, FEBRUARY 6, 1996

547

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

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 6, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 17th Legislative Day as enu merated below:

HB 256 HB 367 HB 966 HB 1231 HB 1232 HB 1270 HB 1299

Driver's license; false information; sanctions Unemployment compensation; entitlement; early retirement District attorneys; travel expenses; reimbursement Zoning procedures; applicability to annexed property Elections; write-in candidates; mandatory drug testing Employment security; amend provisions Child custodians; appear before juvenile courts

HR 852 North Jefferson and South Jefferson streets; confirm names

SB 192 Elections - change qualifying, general primary dates in 1996 (Thomas of the 10th)

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 1576.

By Representatives Alien of the 117th, Howard of the 118th, Anderson of the 116th, Connell of the 115th, DeLoach of the 119th and others:
A bill to amend an Act providing for the consolidated government of Augusta-Richmond County, so as to provide for the tort and nuisance liabil ity for such consolidated government.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

SB 589. By Senator Middleton of the 50th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use regulations for unin corporated areas of the county; to determine whether animal control regula tions should be established and an animal control department created; to provide for legislative findings and declaration.

548

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

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

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

SB 621. By Senators Abernathy of the 38th, Egan of the 40th, Scott of the 36th and Newbill of the 56th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said city, as amended, particularly by an ordinance adopted pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended, which ordinance is set forth in Ga. L. 1974, p. 4023 and which incorporated into the charter of the City of Atlanta the Act reorganizing the Board of Education of the City of Atlanta, as amended, which Act, by Section 4.109 thereof, is deemed to be a part of the Act creating a new charter for the City of Atlanta, so as to require all public schools in the Atlanta public school system to implement a uniform dress code for all students; to provide for legislative intent; to pro vide for a uniform.

SB 642. By Senator Egan of the 40th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended.

HB 1363. By Representative Hanner of the 159th:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Webster County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law.

HB 1374. By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Norcross," so as to change a certain definition; to authorize the city to maintain a retirement plan for municipal employees.

HB 1483. By Representative Twiggs of the 8th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to provide that the mayor shall serve a term of four years.

TUESDAY, FEBRUARY 6, 1996

549

SB 496. By Senators Oliver of the 42nd, Thompson of the 33rd and Clay of the 37th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to administration of courts of record, so as to provide a proce dure for submission to the Judicial Council of proposals for pilot programs involving nonuniform courts; to provide which officials may submit proposals; to provide for policies, reports, and recommendations; to provide for duties and responsibilities of the Judicial Council.

SB 498. By Senators Henson of the 55th and Marable of the 52nd:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to prohibit the creation and use of forged or coun terfeit trademarks and service marks and the manufacture, possession, sale, offering for sale, transportation, or use of certain goods or property contain ing or relating to forged or counterfeit trademarks and service marks.

SB 520. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles gen erally, so as to provide for a special license plate honoring and supporting the Shriner hospitals for handicapped children; to provide for the design of such license plates; to provide for a license fee; to provide for licensing agree ments; to provide that a portion of the license fee shall be paid to the Shriner organization.

SB 553. By Senator Henson of the 55th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for definition of a certain term; to provide for additional examinations, licenses, and endorsements for plumbers.

SB 585. By Senators Broun of the 46th, Clay of the 37th and Henson of the 55th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to authorize certain county governing authorities to provide by ordinance or resolution for the sale of alcoholic beverages for con sumption on the premises on Sunday in certain counties during certain hours.

SB 591. By Senators Thompson of the 33rd, Starr of the 44th and Kemp of the 3rd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change the weight limitation on vehicles hauling solid waste and recovered materials.

SB 606. By Senators Oliver of the 42nd, Dean of the 31st and Henson of the 55th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for assessment of a driver's operating record for violation of the child safety restraint law; to change provisions relating to mandatory use of child passenger restraining systems.

550

JOURNAL OF THE HOUSE,

SB 607. By Senators Marable of the 52nd, Pollard of the 24th and Thomas of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal obstruction of public administration, so as to change provisions relating to criminal interference with emergency medical technicians; to provide for applicability of such provisions to other emergency medical personnel; to define terms; to define criminal offenses and prescribe penalties.

HB 1124. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Anno tated, relating to forms of payment of taxes and license fees, so as to autho rize the state revenue commissioner to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer.

HB 1125.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
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 1195.

By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.

HB 1196.

By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

HB 1200.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-6-35 of the Official Code of Georgia Anno tated, relating to certification of fixed assessments of certain intangible per sonal property to tax commissioners or tax receivers, so as to extend the time allowed for taxpayer appeals.

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

TUESDAY, FEBRUARY 6, 1996

551

SR 445. By Senators Crotts of the 17th and Guhl of the 45th:
A resolution authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 1174.

By Representative Murphy of the 18th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Anno tated, relating to exemptions from the real estate transfer tax, so as to pro vide an exemption with respect to foreclosure sales.

The Senate has agreed to the House substitute to the following bill of the Senate:

SB 283. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to civil practice, so as to provide for nonstenographic deposi tions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the appearance or demeanor of deponents or attorneys.

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

SB 496. By Senators Oliver of the 42nd, Thompson of the 33rd and Clay of the 37th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to administration of courts of record, so as to provide a proce dure for submission to the Judicial Council of proposals for pilot programs involving nonuniform courts; to provide which officials may submit proposals; to provide for policies, reports, and recommendations; to provide for duties and responsibilities of the Judicial Council.
Referred to the Committee on Judiciary.

SB 498. By Senators Henson of the 55th and Marable of the 52nd:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to prohibit the creation and use of forged or coun terfeit trademarks and service marks and the manufacture, possession, sale, offering for sale, transportation, or use of certain goods or property contain ing or relating to forged or counterfeit trademarks and service marks.
Referred to the Committee on Judiciary.

SB 520. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles gen erally, so as to provide for a special license plate honoring and supporting the Shriner hospitals for handicapped children; to provide for the design of such license plates; to provide for a license fee; to provide for licensing agree ments; to provide that a portion of the license fee shall be paid to the Shriner organization.
Referred to the Committee on Motor Vehicles.

552

JOURNAL OF THE HOUSE,

SB 553. By Senator Henson of the 55th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for definition of a certain term; to provide for additional examinations, licenses, and endorsements for plumbers.
Referred to the Committee on Industry.
SB 585. By Senators Broun of the 46th, Clay of the 37th and Henson of the 55th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to authorize certain county governing authorities to provide by ordinance or resolution for the sale of alcoholic beverages for con sumption on the premises on Sunday in certain counties during certain hours.
Referred to the Committee on Regulated Beverages.
SB 591. By Senators Thompson of the 33rd, Starr of the 44th and Kemp of the 3rd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change the weight limitation on vehicles hauling solid waste and recovered materials.
Referred to the Committee on Transportation.
SB 606. By Senators Oliver of the 42nd, Dean of the 31st and Henson of the 55th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for assessment of a driver's operating record for violation of the child safety restraint law; to change provisions relating to mandatory use of child passenger restraining systems.
Referred to the Committee on Motor Vehicles.
SB 607. By Senators Marable of the 52nd, Pollard of the 24th and Thomas of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal obstruction of public administration, so as to change provisions relating to criminal interference with emergency medical technicians; to provide for applicability of such provisions to other emergency medical personnel; to define terms; to define criminal offenses and prescribe penalties.
Referred to the Committee on Judiciary.
SB 621. By Senators Abernathy of the 38th, Egan of the 40th, Scott of the 36th and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said city, as amended, particularly by an ordinance adopted pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended, which ordinance is set forth in Ga. L. 1974, p. 4023 and which incorporated into the charter of the City of Atlanta the Act reorganizing the Board of Education of the City of Atlanta, as amended, which Act, by Section 4.109 thereof, is deemed to be a part of the Act creating a new charter for the City of Atlanta, so as to require all public schools in the Atlanta public school system to implement a uniform dress code for all students; to provide for legislative intent; to pro vide for a uniform.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 6, 1996

553

SB 642. By Senator Egan of the 40th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 445. By Senators Crotts of the 17th and Guhl of the 45th:
A resolution authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

Representative Shaw of the 176th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Human Relations and Aging and referred to the Committee on Health and Ecol ogy:

HB 1583. By Representative Jones of the 71st:
A bill to amend Code Section 31-7-2.1 of the Official Code of Georgia Anno tated, relating to the adoption of rules and regulations by the Department of Human Resources, so as to provide that documents relating to nursing home surveys shall be disclosed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on University System of Georgia and referred to the Committee on Health and Ecology:

SB 510. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; to pro vide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and com pensation.

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

HR 945. By Representative Evans of the 28th:
A resolution recognizing and commending Kimberly Rebecca Jordan and inviting her to appear before the House of Representatives.

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

554

JOURNAL OF THE HOUSE,

HB 1270.

By Representative Lane of the 146th:
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 provi sions relating to the rate of employer contributions; to change the period during which certain rates shall be in effect; to change the provisions relating to benefit experience in the payment of contributions.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the provisions relating to the rate of employer contributions; to change the period during which certain rates shall be in effect; to change the provisions relating to benefit experience in the payment of contributions; to change the period during which certain variations from the standard rate of contributions shall be determined; to change the provisions relating to voluntary contributions by employers; to provide for related matters; to change the provisions relating to grounds for disqualification of benefits; to provide that under certain circumstances an employee who has been discharged or suspended for violation of his or her employer's drug-free workplace policy shall be denied benefits; to provide for hearings and determinations; to provide for procedures, burdens of proof, and presumptions in connection with such hear ings and determinations; to provide for the admissibility and authentication of laboratory test results submitted by an individual with respect to an alleged violation of an employ er's drug-free workplace policy; to change the provisions relating to determination of eligi bility for unemployment benefits generally; to provide that an individual who files a new claim for unemployment compensation shall be advised that such compensation is subject to federal and state income tax and be provided certain information relating to deductions and withholdings; to provide procedures for making deductions and withholding amounts from unemployment compensation; to limit certain deductions and withholdings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employ ment Security Law," is amended by striking in its entirety Code Section 34-8-151, relating to rate of employer contributions, and inserting in lieu thereof a new Code Section 34-8-151 to read as follows:
"34-8-151.
(a) For periods prior to April 1, 1987, or after June 30, 1996 2001, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (b) For periods on or after April 1, 1987, but on or before June 30, 4996 2001, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162."
SECTION 2. Said chapter is further amended by striking in their entirety subsections (c) and (d) of Code Section 34-8-155, relating to benefit experience and variations from standard rate of employer contributions during certain periods, and inserting in lieu thereof new subsec tions (c) and (d) to read as follows:

TUESDAY, FEBRUARY 6, 1996

555

"(c) For the periods prior to April 1, 1987, or after June 30, 1996 2001, variations from the standard rate of contributions shall be determined in accordance with the following requirements:
(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting per centage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as hav ing been paid on the computation date.
RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS
If the excess percentage:

Equals or
Exceeds

But Is Less Than

The Contribution Rate Is (Percent)

0.00

0.86

2.16

0.86

1.17

2.08

1.17

1.48

2.00

1.48

1.79

1.92

1.79

2.10

1.84

2.10

2.41

1.76

2.41

2.72

1.68

2.72

3.04

1.60

3.04

3.35

1.52

3.35

3.65

1.44

3.65

3.97

1.36

3.97

4.29

1.28

4.29

4.60

1.20

4.60

4.91

1.12

4.91

5.22

1.04

5.22

5.53

0.96

5.53

5.84

0.88

5.84

6.15

0.80

6.15

6.47

0.72

6.47

6.77

0.64

6.77

7.08

0.56

7.08

7.40

0.48

7.40

7.71

0.40

7.71

8.02

0.32

8.02

8.33

0.24

8.33

8.64

0.16

8.64

8.95

0.08

8.95 and over

0.04

(2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calen dar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting per centage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as hav ing been paid on the computation date.

556

JOURNAL OF THE HOUSE,

RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS
If the deficit percentage:

Equals or
Exceeds

But Is Less Than

The Contribution Rate Is (Percent)

0.0

0.5

2.2

0.5

1.5

2.4

1.5

2.5

2.6

2.5

3.5

2.8

3.5

4.5

3.0

4.5

5.5

3.2

5.5

6.5

3.4

6.5

7.5

3.6

7.5

8.5

3.8

8.5

9.5

4.0

9.5

10.5

4.2

10.5

11.5

4.4

11.5

12.5

4.6

12.5

13.5

4.8

13.5

14.5

5.0

14.5

15.5

5.2

15.5 and over

5.4

(d) For the periods on or after April 1, 1987, but on or before June 30,1996 2001, varia tions from the standard rate of contributions shall be determined in accordance with the following requirements:
(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting per centage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as hav ing been paid on the computation date.

RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS

If the excess percentage:

Equals or
Exceeds
0.00 0.86 1.17 1.48 1.79 2.10 2.41 2.72 3.04

But Is Less Than
0.86 1.17 1.48 1.79 2.10 2.41 2.72 3.04 3.35

The Contribution Rate Is (Percent)
2.125 2.043 1.962 1.881 1.800 1.725 1.643 1.562 1.481

TUESDAY, FEBRUARY 6, 1996

557

3.35

3.65

1.400

3.65

3.97

1.325

3.97

4.29

1.243

4.29

4.60

1.162

4.60

4.91

1.081

4.91

5.22

1.000

5.22

5.53

0.925

5.53

5.84

0.843

5.84

6.15

0.762

6.15

6.47

0.681

6.47

6.77

0.600

6.77

7.08

0.525

7.08

7.40

0.443

7.40

7.71

0.362

7.71

8.02

0.281

8.02

8.33

0.200

8.33

8.64

0.125

8.64

8.95

0.043

8.95 and over

0.040

(2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to the account of such employer, the contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contribu tions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will
be considered as having been paid on the computation date.

RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS

If the deficit percentage:

Equals or
Exceeds

But Is Less Than

The Contribution Rate Is (Percent)

0.0

0.5

2.16

0.5

1.5

2.36

1.5

2.5

2.56

2.5

3.5

2.76

3.5

4.5

2.96

4.5

5.5

3.16

5.5

6.5

3.36

6.5

7.5

3.56

7.5

8.5

3.76

8.5

9.5

3.96

9.5

10.5

4.16

10.5

11.5

4.36

11.5

12.5

4.56

12.5

13.5

4.76

13.5

14.5

4.96

14.5

15.5

5.16

15.5 and over

5.40"

SECTION 3. Said chapter is further amended by striking in its entirety Code Section 34-8-178, relating to voluntary contributions by employers, and inserting in lieu thereof a new Code Section 34-8-178 to read as follows:

558

JOURNAL OF THE HOUSE,

"34-8-178.
Any employer may make voluntary payments in addition to the contributions required under this chapter, and the same shall be credited to the employer's experience account; provided, however, that such voluntary contributions shall not be used in the computa tion of reduced rates unless such contributions are paid within 30 days following the date upon which the Commissioner mails notice that such payments may be made with respect to a calendar year2 and in no event shall such payments be made later than the expiration of 120 days after the beginning of the year for which such rates are effective. Such voluntary payments when accepted from an employer will not be refunded in whole or in part."
SECTION 4. Said chapter is further amended by striking the semicolon at the end of subparagraph (B) of paragraph (2) of Code Section 34-8-194, relating to grounds for disqualification of bene fits, and inserting in lieu thereof a ".", and adding at the end of said paragraph (2) the following:
"(C) For the week or fraction thereof in which such individual has filed an other wise valid claim for benefits after the individual has been discharged or suspended for violation of the employer's drug-free workplace policy as determined by the Commissioner according to the circumstances in the case. To requalify following a disqualification under this subparagraph, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then become unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commis sioner's determination the burden of proof of just discharge or suspension for cause as set forth in this subparagraph shall be on the employer and the presumption of eligibility shall be with the employee; provided, however, that in cases where a drug or alcohol test is utilized to prove a violation of the employer's drug-free workplace policy:
(i) The employer's burden of proof of just discharge or suspension shall be pre sumed met if the individual fails a drug screening test which is required by terms of the employer's drug-free workplace policy and said policy complies with the provisions of Article 11 of Chapter 9 of this title, other substantially equivalent or more stringent standards established by federal law or regulations, or with rules and regulations prescribed by the Commissioner; (ii) The laboratory test results, including but not limited to, documentation of the chain of custody, methodology, and the accuracy of the drug screening test shall be admissible and self-authenticating in an administrative hearing conducted by the Commissioner with respect to a disputed claim for unemployment benefits under this chapter, and such evidence shall create a rebuttable presumption that the individual violated the employer's drug-free workplace policy; provided, how ever, that any other evidence relating to the issue of eligibility and the provisions of this subparagraph may be received in person or by telecommunications at the hearing; and (iii) Laboratory test results submitted by the individual, including but not limited to documentation of the chain of custody, methodology, and the accuracy of the drug screening test shall be admissible and self-authenticating in an administra tive hearing conducted by the Commissioner with respect to a disputed claim for unemployment benefits under this chapter;"
SECTION 5. Said chapter is further amended by adding at the end of Code Section 34-8-195, relating to determination of eligibility for unemployment benefits generally and eligibility while in training, a new subsection (f) to read as follows:
"(f)(l) An individual who files a new claim for unemployment compensation shall, at the time of filing such claim, be advised that:
(A) Unemployment compensation is subject to federal and state income tax; (B) Requirements exist pertaining to estimated tax payments;

TUESDAY, FEBRUARY 6, 1996

559

(C) An individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation in the amount specified in the United States Internal Revenue Code of 1986; (D) An individual may elect to have state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of 6 percent; and (E) An individual shall be permitted to change a previously elected withholding sta tus. (2) Amounts deducted and withheld from unemployment compensation shall remain in the unemployment fund until transferred to the federal or state taxing authority as payment of income tax. (3) The Commissioner may follow procedures specified by the United States Depart ment of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax. (4) Amounts shaSl be deducted and withheld under this Code section only after amounts have been deducted and withheld for any overpayments of unemployment compensation, child support obligations, food stamp over issuances, or other purposes as required under this chapter."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Alien of the 117th moves to amend the Committee substitute to HB 1270 as follows: In Section 4 (C)(ii), page 8, line 4, strike the word "shall" and insert in lieu thereof "may" In Section 4 (C)(ii), page 8, line 4, delete the words "and self authenticating" In Section 4 (C)(ii), page 8, line 8, strike the word "shall" and insert in lieu thereof "may" I"nmaSye"ction 4 (C)(iii), page 8, line 18, strike the word "shall" and insert in lieu thereof
In Section 4 (C)(iii), page 8, line 19, delete the words "and self authenticating".

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

Y Alien Y Anderson
NAshe Bailey
N Baker N Bannister NBarfoot N Bargeron N Barnard N Bames N Bates N Benefield
Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J
Brush NBuck N Buckner NBunn

N Burkhalter NByrd
N Campbell Y Canty
Carter Chambless
N Channel! N Childers N Coker N Coleman, B N Coleman, T Y Cornell N Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix
Dixon, H

E Dixon, S N Dobbs N Ehrhart YEpps N Evans N Falls
Felton N Floyd NGodbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree
N Henson N Holland Y Holmes

Y Howard N Hudson Y Hugley NIrvin
James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane N Lawrence NLee N Lewis
Lifsey NLord

Lucas N Maddox NMann N Martin N McBee NMcCall
McClinton McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller N O'Neal NOrrock NParham N Parrish N Parsons
E Pelote N Perry N Pinholster
Polak N Porter

560
Y Poston N Powell N Purcell, A N Purcell, B
Randall Randolph NRay N Reaves N Reichert Y Roberts N Rogers N Royal N Sanders

JOURNAL OF THE HOUSE,

N Sauder Scoggins
N Shanahan Shaw
N Sherrill
N Shipp N Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W
Smith, L N Smith, P

N Smith, T N Smith, V N Smith, W
YSmyre N Snelling
N Snow N Stalling: N Stancil, F N Stancil, S
Y Stanley, L Y Stanley, P N Stephenson N Streat

Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus
N Towery N Trense
Turnquest N Twiggs
N Walker, L N Walker, R.L N Wall

On the adoption of the amendment, the ayes were 26, nays 128. The amendment was lost.

Watson N Watts N Westmorland N Whitaker Y White N Wiles N Williams, B E Williams, J N Williams, R N Woods N 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:

N Alien N Anderson
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush
YBuck Y Buckner YBunn Y Burkhalter YByrd
Campbell N Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker
Coleman, B Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
N Davis, G Y Davia, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H E Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls
Felton Y Floyd YGodbee Y Golden YGcodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard N Heckstall Y Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard Y Hudson N Hugley

Y Irvin 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 Y Lucas Y Maddox
YMann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock
Parham

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

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

On the passage of the Bill, by substitute, the ayes were 141, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, FEBRUARY 6, 1996

561

HB 1299.

By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to provide that parents, guardians, or other custodians of children be held accountable for their failure to appear with their children when ordered to do so by the juvenile court.

The following Committee substitute was read:

A BILL
To provide that parents, guardians, or other custodians of children be held accountable for their failure to appear with their children when ordered to do so by the juvenile court; to provide a short title; to provide for legislative findings; 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 juvenile court to enter certain orders directed to a parent, guard ian, or other custodian of a child for willfully failing to bring a child before the court or for willfully failing to appear personally with the child in court when so ordered; 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 "Parental Responsibility Act of 1996."
SECTION 2. The General Assembly declares and finds that parents, guardians, and other persons who have control and custody of children have the duty and responsibility to instill in these children a respect for the law and the consequences of failing to comply with the law. Con sistent with this responsibility, parents, guardians, and other custodians have the duty to appear with their children during proceedings concerning those children in juvenile court and should be subject to contempt or other sanctions for willfully failing to so appear.
SECTION 3. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-19, relat ing to the procedure for taking children into custody, in its entirety and inserting in its place the following:
"(b)Failure of parent to bring child before court. If a parent, guardian, or other custo dian, when requested, willfully fails to bring the child before the court as provided in subsection (a) of this Code section, the court may issue its order directing that the child be taken into custody and brought before the court and, in addition, may enter any order authorized by and in accordance with the provisions of Code Section 15-11-62. If it is necessary to place the child in detention prior to his or her appearance in court, the child shall be placed in a facility as authorized by Code Section 15-11-20."
SECTION 4. Said article is further amended by striking subsection (c) of Code Section 15-11-26, relat ing to the issuance of a summons, in its entirety and inserting in its place the following:
"(c) The court may endorse upon the summons an order directing the parents, guardian, or other custodian of the child to appear personally at the hearing and directing the per son having the physical custody or control of the child to bring the child to the hearing. In the event a parent, guardian, or other custodian of the child willfully fails to appear personally at the hearing after being ordered to so appear, or the parent, guardian, or other custodian of the child willfully fails to bring the child to the hearing after being so directed, the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-62."
SECTION 5. Said article is further amended by striking Code Section 15-11-62, relating to contempt powers of the juvenile court, in its entirety and inserting in its place the following:

562

JOURNAL OF THE HOUSE,

"15-11-62.
(a) In addition to all other inherent powers of the court to enforce its lawful orders, the he court may punish a person for contempt of court for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders, subject to the law relating to the procedures therefor and the limitations thereon. (b) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity for hearing, the court may impose any or all of the following sanctions when a parent, guardian, or other custodian willfully violates any order issued by the court directed to that parent, guardian, or other custodian:
(1) Require the parent, guardian, or other custodian of the child to make restitution in an amount not to exceed $2,500.00 for any damage or loss caused by the child's wrongful act; (2) Impose a fine not to exceed $1,000.00; (3) Reimburse the state for the costs of detention, treatment, or rehabilitation of the child; (4) Require the parent, guardian, or other custodian of the child to perform court approved community service designed to contribute to the ability of the parent, guard ian, or other custodian to provide proper parental care and supervision of the child; or (5) Require the parent, guardian, or other custodian of the child to enter into a con tract or plan as a part of the disposition of any charges against the child, so as to provide for the supervision and control of the child by the parent, guardian, or custo dian and reunification of the child with the parent, guardian, or custodian."
SECTION 6. 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 Committee substitute to HB 1299 as follows:
On page 3 line 11 replace the word "state" with the words "agency or agencies providing detention, treatment or rehabilitation".
On Page 3 line 12 after the word "child" add the words "and the court at its own discre tion for the costs of administration, collection and distribution of the reimbursements on behalf of said agency or agencies".

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

N Alien N Andereon N Ashe
Bailey N Baker Y Bannister NBarfoot N Bargeron N Barnard NBarnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D
Brooks, T Y Brown, J

N Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter N Chambless N Channell N Childers Y Coker
N Coleman, B N Coleman, T N Connell
Crawford Crews N Culbreth

N Cummings Y Davis, G Y Davis, M NDay Y DeLoach, B N DeLoach, G NDix N Dixon, H E Dixon, S N Dobbs YEhrhart NEpps Y Evans Y Falls N Felton
Floyd N Godbee N Golden YGoodwin

N Greene Y Grindley
Hanner
Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland
Holmes N Howard
Hudson N Hugley Ylrvin
N James N Jamieson N Jenkins

Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord Y Lucas Y Maddox YMann

TUESDAY, FEBRUARY 6, 1996

Martin NMcBee NMcCall
McClinton McKinney Y Mills N Mobley, B N Mobley, J N Moeley Y Mueller NO'Neal N Orrock N Parham NParrish Parsons E Pelote N Perry

Y Pinholster NPolak
N Porter Y Ponton N Powell
PurceU, A Y Purcell, B NRandall N Randolph
NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders
Y Sauder

N Scoggins N Shanahan
NShaw N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre Y SneUing

N Snow N Stallings
N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat
N Taylor NTeague N Teper N Thomas NTillman Y Titus
Towery N Trense
Turnquest

On the adoption of the amendment, the ayes were 50, nays 106.

The amendment was lost.

563
Y Twiggs Walker, L
Y Walker, R.L NWall N Watson N Watts Y Westmoreland
Whitaker N White Vi W w illieeas
N Williams, B E 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 Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush
YBuck Buckner
YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Guilders Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Curomings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G
YDix Y Dixon, H E Dixon, S YDobbs YEhrhart
YEpps Y Evans Y Falls Y Felton
Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard Y Heckstall 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
YKaye Y Kinnamon
Klein YLadd YLakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord Y Lucas Y Maddoi YMann
Martin Y McBee YMcCall 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 E Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston
Y Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers
Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp 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 SneUing 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 YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Wall
Y Watson
Y Watts Y Westmoreland
Y Whitaker
Y White
Y Wiles
Y Williams, B E Williams, J
Y Williams, R
Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

564

JOURNAL OF THE HOUSE,

HR 852. By Representative Chambless of the 163rd:
A resolution confirming and perpetuating the naming of portions of the State Highway System in Dougherty County in honor of Thomas Jefferson.

Representative White of the 161st moved that further consideration of HR 852 be postponed until March 4, 1996 immediately following the period of unanimous consents.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe
Y Bailey Y Baker Y Bannister N Barfoot
Bargeron
N Barnard NBarnes
N Bates N Benefield Y Birdsong
N Bordeaux N Bostick
Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush NBuck Y Buckner YBunn N Burkhalter
Byrd Campbell Y Canty N Carter N Chambless Channell N Childers N Coker Coleman, B N Coleman, T Connell N Crawford

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

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

On the motion, the ayes were 60, nays 77. The motion was lost.

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

YSmyre N Snelling NSnow N Stallings N Stancil, F
Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Street Y Taylor YTeague YTeper Y Thomas YTillman N Titus
Towery Trense Tumquest NTwiggs Walker, L Y Walker, R.L NWall
Watson
N Watts
Y Westmorland
Y Whitaker
Y White
N Wiles
N Williams, B
E Williams, J
N Williams, R
Y Woods N Yates
Murphy, Spkr

Representative White of the 161st moved that HR 852 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Y Bailey Y Baker N Bannister NBarfoot
Bargeron N Barnard N Baraes N Bates N Benefield
N Birdsong Y Bordeaux N Bostick N Breedlove

N Brooks, D Y Brooks, T N Brown, J
Brush NBuck Y Buckner YBunn N Burkhalter
Byrd Campbell Y Canty N Carter N Chambless Channel! N Childers N Coker

Coleman, B N Coleman, T
Connell N Crawford
Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay
DeLoach, B OeLoach, G NDix Dixon, H E Dixon, S N Dobbs

N Ehrhart YEpps Y Evans Y Falls
Felton N Floyd
Godbee Golden Y Goodwin N Greene N Grindley Manner N Harbin Y Harris Y Heard Y Heckstall

Y Hegstrom N Hembree N Henson N Holland Y Holmes Y Howard
Hudson Y Hugley
Irvin Y James
N Jamieson Jenkins
N Johnson, G Johnson, J
N Johnston Y Jones

TUESDAY, FEBRUARY 6, 1996

565

Y Joyce YKaye N Kinnamon N Klein NLadd YLakly NLane
Lawrence NLee
Lewis NLifsey
Lord Y Lucas Y Maddoi YMann
Martin Y McBee NMcCall Y McClinton N McKinney

Y Mills Y Mobley, B N Mobley, J YMosley N Mueller N O'Neal YOrrock N Parham NParrish N Parsons E Pelote N Perry Y Pinholster NPolak N Porter N Poston N Powell
Purcell, A N Purcell, B YRandall

Y Randolph NRay N Reaves N Reichert Y Roberts
Rogers Royal N Sanders N Sauder Y Scoggins N Shanahan Shaw N Sherrill N Shipp N Simpson Y Sinkfield N Skipper Smith, C Y Smith, C.W Smith, L

On the motion, the ayes were 56, nays 82. The motion was lost.

N Smith, P Smith, T
Y Smith, V N Smith, W YSmyre N Snelling NSnow N Stallings
Stancil, F Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus

N Towery Trense Turnquest
NTwiggs Walker, L
Y Walker, R.L NWall
Watson N Watts Y Westmoreland Y Whitaker Y White N Wiles N Williams, B E Williams, J N Williams, R
Y Woods N Yates
Murphy, Spkr

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

N Alien N Andersen YAshe Y Bailey
Baker Y Bannister YBarfoot
Bargeron Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck N Buckner Bunn Y Burkhalter Byrd Y Campbell N Canty Y Carter Y Chambless Channell Y Childers Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummuigs N Davis, G Y Davis, M YDay
DeLoach, B DeLoach, G YDii DUon, H E Dixon, S Y Dobbs YEhrhart NEpps N Evans Y Falls Y Felton Y Floyd Godbee Y Golden N Goodwin Y Greene Y Grindley Hanner Y Harbin Y Harris N Heard NHeckstall N Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard Y Hudson N Hugley

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

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

NSmyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson Y Streat N Taylor NTeague N Teper N Thomas NTiUman Y Titus Y Towery Y Trense N Turnquest YTwiggs
Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmorland Y Whitaker N White Y Wiles Y Williams, B E Williams, J Y Williams, R Y Woods
VI VI natiMeai
Murphy, Spkr

On the adoption of the Resolution, the ayes were 114, nays 35. The Resolution, having received the requisite constitutional majority, was adopted.

566

JOURNAL OF THE HOUSE,

House of Representatives Atlanta
HR852
While I agree with the name of Thomas Jefferson St remaining as such, due in part to the fact that nearby streets are name after former presidents, I do not feel it appropriate for this General Assembly to involve itself in the middle of a controversy in Albany, Ga. This is clearly a local, on going process, that is better left for the county commission and city council in Albany to resolve in which ever that deem for the people they represent.
/s/ Mike A. Evans

The Speaker Pro Tern assumed the Chair.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, so as to provide for changes in the pay ment and procedures for reimbursement of travel expenses for district attorneys and cer tain state paid personnel; to provide for reimbursement by the Prosecuting Attorneys' Council of Georgia; to provide for certain restrictions; to provide for advance travel funds; to provide for reimbursement of certain expenses incurred by counties; to provide for bud geting; to provide for reimbursement of certain expenses by counties; to provide for rules and regulations; to provide for district attorney investigators; to provide under what cir cumstances the chief assistant district attorney may assume the duties of the district attorney; to provide for procedures for judicial determination that a district attorney is disabled to the extent that he or she cannot perform the essential duties of the office; to provide for the procedures which apply if a district attorney or a member of the staff of the district attorney is accused of criminal conduct; 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. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, is amended by striking in its entirety Code Sec tion 15-18-12, relating to reimbursement of travel expenses for district attorneys and assistant district attorneys, and inserting in lieu thereof the following:
"15-18-12.
(a) The district attorney and any aaaiatant district attorney appointed personnel com pensated by the state pursuant to Code Section 16-18-14 the provisions of this chapter shall be entitled to receive, in addition to such other compensation as may be provided by law, reimbursement for actual expenses incurred outside ef- th county ia which the

performance of their official duties from the Prosecuting Attorneys' Council of Georgia in accordance with the rules and regulations issued pursuant to Code Section 45-7-28.1 and such supplemental rules as may be adopted by the council.

TUESDAY, FEBRUARY 6, 1996

567

^DJ --~i C CXpCIlSCS pPOVKlftl tOP Sftftll D6 p&lu IOP tftC rOUOW111 pUPpOSGS ftHCr tft tflfe lOr*
lewing manner; (1) For transportation within this state fey privately ewned meter vehicle, reimburse-
IXWillT SUftii DC re tllC 9&ZH6 FfltC ftS &U111OP1ZCQ Oy IflW IOP Til6 rClHlDUF9CttlCHt Or tllC
inatitutions, boards, bureaus, and agencies ef this state. Ne reimbursement sfeatt be
of its political subdivisions er a rental automobile; (2) For transportation fey public conveyance, the actual eest ef such transportation shall fee reimbursed; (3) The actual eest el meats and lodging incurred shall fee reimbursed in the same- per dim amount as is provided fey law fe* members ef- the General Assembly; and (4) The district attorney shall enee a month submit a detailed and certified statement
StfllC QUultOF* 1 116 StfltC dUulCOP SilftH tUult 6Q.CI1 ftHHOU.Il I- dftu,' tt lOUUCt COPPCCtj 9flLli
UCpflPtIDGUV Or nultt1111StPftLlVC OCPV1C08 TOP PflyIRClit IPOItt tilC IXIHQS ftVflllflDl6 iOP tflC
OpCPfltlOPl Or tttC SUpCPlOP COUPr8 Or tttlS 9tB*Ov
(b) Nothing in this Code section shall permit reimbursement of expenses or payment of a per diem allowance to any person designated by subsection (a) of this Code section for travel between such person's residence and the courthouse or other office designated in writing by the district attorney as such person's place of employment or any office of the district attorney located in the county in which such person resides. (c) The Prosecuting Attorneys' Council of Georgia shall be authorized to provide advance travel funds to persons designated by subsection (a) of this Code section as pro vided by Code Sections 45-7-25 through 45-7-28. (d) The governing authority of the county or counties comprising the judicial circuit may provide a person designated by subsection (a) of this Code section with a county vehicle and vehicle expenses, in which event the Prosecuting Attorneys' Council of Geor gia may reimburse the county for the actual mileage driven at the same rate as is autho rized by rules and regulations issued pursuant to Code Section 45-7-28.1, subject to the budget established for the judicial circuit.
(e)(l) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the Prosecuting Attorneys' Council of Georgia pursuant to this Code section shall be paid out of such funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each district attorney and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for such purpose. (3) In determining the travel budget for each judicial circuit, the council shall con sider the budget request submitted bjr the district attorney of each judicial circuit, the geographic size and the caseload of each circuit, and such other facts as may be rele vant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each district attorney, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust said budget as may be necessary to carry out the purposes of this Code section. (4) No person designated by subsection (a) of this Code section shall be reimbursed from state funds for any expenses for which such person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse such expenses which may be incurred by such person in the performance of his or her official duties to the extent such expenses are not reim bursed by the state as provided in this Code section. (f) The Prosecuting Attorneys' Council of Georgia shall prepare and submit a proposed budget for state funds necessary to provide reimbursement of expenses as provided in

568

JOURNAL OF THE HOUSE,

this Code section in accordance with the provisions of Code Section 45-12-78. The bud get request shall be based on the previous year's expenditures and budget requests sub mitted by each district attorney."
SECTION 2. Said article is further amended by striking in its entirety Code Section 15-18-14.1, relating to district attorney investigators, and inserting in its place a new Code Section 15-18-14.1 to read as follows:
"15-18-14.1.
(a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the per formance of his or her official duties in the preparation of cases for indictment or trial. (b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age, meet the qualifications specified by subsection (c) of Code Section 15-18-21, and shall serve at the pleasure of the district attorney. (c) No person appointed pursuant to this Code section shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law. An investigator appointed pursuant to this Code section shall:
(1) Serve as a liaison between the district attorney's office and the sheriffs' and other law enforcement agencies within the judicial circuit; (2) Assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime, and Code Section 24-9-61.1, relating to the presence of crime victims in the courtroom; (3) Assist the attorneys within the district attorney's office in the preparation of cases for preliminary hearings, presentation to a grand jury, pretrial hearings, and trial; (4) Assist the sheriffs and other peace officers within the judicial circuit in the appli cation for warrants and the preparation of case reports which are required by law or which are necessary for the prosecution of the case; (5) Provide such other assistance to the sheriffs and other peace officers as may be authorized by law or which may be mutually agreed on between the district attorney and the sheriff or head of the law enforcement agency or agencies involved; and (6) Perform such other duties as are required by the district attorney. (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established by the Department of Administrative Services as follows: (1) The salary range for the investigator appointed pursuant to this Code section shall be not less than $19,500.00 nor more than 70 percent of the compensation of the dis trict attorney from state funds; and (2) The salary schedule shall be similar to the general pay schedule established by the State Merit System of Personnel Administration and shall provide for a minimum entry step and such additional steps, not to exceed 5 percent between each step, as will approach the maximum allowable salary. In establishing the salary schedule, all amounts shall be rounded off to the nearest whole dollar. The Department of Admin istrative Services shall revise the salary schedules provided for in this subsection and the entry level salary established by paragraph (1) of this subsection to include costof-living increases which may be granted from time to time to members of the classi fied service of the State Merit System of Personnel Administration. (e) All personnel actions involving personnel appointed pursuant to this Code section shall be in writing by the district attorney in accordance with the provisions of subsec tion (1) of this Code section. (f) A district attorney investigator shall be appointed initially to the entry grade of the general pay schedule. (g) All salary advancements shall be based on quality of work and performance. The sal ary of personnel appointed pursuant to this Code section may be advanced one step at

TUESDAY, FEBRUARY 6, 1996

569

the first of the calendar month following the anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum of the salary schedule, (h) Any reduction in salary shall be made in accordance with the salary schedule pro vided for in subsection (d) of this Code section. (i) The county or counties comprising a judicial circuit may supplement the salary of any district attorney investigator appointed pursuant to this Code section. (jHl) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the rules and regulations established under Code Section 46-7-28.1 and such supplemental rules as may fee adopted pursuant te subsection (fc)- of this- Code section provisions of Code Section 15-18-12.
(2) Subject te the provisions ef- paragraphs {3} and {4} ef this subsection, said cxpcnaca shall be paid by the Prosecuting Attorneys' Council mrt ef- such funds as may be appropriated by the General Assembly. (3) On ef before Juno i ef each year, the Prosecuting Attorneys' Council ef- Georgia stifiii cstEIoil9n &nd lurnisn to eo.cn district ft11orney find tiie L)cpATtment &t AdnHni9~ trative Services a travel budget for eaeh judicial circuit based en the amount appropri ated by the General Assembly for such purpose. Jn determining the travel budget, -the council sfiftH consider tne yud^jei reQuest 9u omitted x)y tne district ftttorney of escn
JUdlClQl ClFCUlt) tilC JGOPQ.pnlC 9126 ftUd tne CflSfrlOfld Of C8.en ClFCUlt, ftnd SUCH OtnCF
ef net mere than 3 percent ef- the total amount appropriated by the General Assembly i order te meet any expenses which could net be reasonably anticipated. ?% council shall aubmit te each district attorney, the Department ef Administrative Services, and the legislative budget analyst a monthly repert showing the budget amount ef expend 1 rturcs mcidc under *tie trflvei Dud^ct. ~t tte council nifty periodically review 8.nd Qdjust
\^) l ne 50vernin flutnonty ot Tne* county or counties comprising tne juciici&i circuit are authorized te reimburse seh expenses 4rieh may be incurred by an investigator
burscd by- the state as provided in this subsection. Said governing authority may previde tne inve9ti^fltor wit/ft ft county venicio ftod vcnicic expenses, iw wnicn event tne county shall be entitled te reimbursement fer the actual mileage driven by the invest! gator at the same fate as is provided by paragraph 41) ef- subsection (b) ef- Code Seetien 16-18 12, subject te the budget established fef the district attorney. (k) ;Fhe Prosecuting Attorneys' Council ef- Georgia shall prepare and submit a proposed
this Code section te the Department ef Administrative Services accordance with the
year's expenditures and budget requests submitted by each district attorney te the counA $)-The Department ef Administrative Services and the Prosecuting Attorneys' Council of Georgia shall jointly adopt and amend policies, rules, and regulations establishing records and procedures concerning personnel actions as may be necessary to carry out the intent of this Code section. {)(!) The salaries provided for in this Code section shall be paid from funds appropri ated or available for the operation of the superior courts in the same manner as is pro vided by law for assistant district attorneys. {n}(m) In the event that the general appropriations Act does not contain appropriations sufficient to fund all of the positions authorized by subsection (a) of this Code section, the Prosecuting Attorneys' Council of Georgia shall allocate such positions among the several district attorneys' offices in such a manner as will further the intent of this Code section and provide an investigator to the maximum number of judicial circuits."
SECTION 3. Said article is further amended by striking Code Section 15-18-15, relating to chief assist ant district attorneys, in its entirety and inserting in lieu thereof the following:

570

JOURNAL OF THE HOUSE,

"15-18-15.
(a) The district attorney may designate in writing an assistant district attorney as the chief assistant district attorney. In addition to such assistant district attorney's other duties, the chief assistant district attorney shall have such administrative and supervi sory duties as may be assigned by the district attorney.
(b)(l) fe th event ef the absence or disability ef If the district attorney is unable to perform the duties of the office because of physical or mental disability, the chief assistant district attorney shall have the same power, duties, and responsibilities as the district attorney. Said authority shall terminate upon the incumbent district attor ney resuming the duties of said office. Any question of fact concerning the disability of a district attorney shall be presented b_ either the chief assistant district attorney or the district attorney and shall be determined by the superior court sitting without a jury in a manner and under a procedure which is analogous to that provided by rule of the Supreme Court adopted pursuant to Article V^ Section IV, Paragraph II of the Constitution of Georgia for elected constitutional executive officers. (2) If the district attorney will be temporarily absent from the judicial circuit such that he or she is not available to perform the duties of his or her office, the district attorney may authorize, in writing, the chief assistant district attorney to exercise any of the powers, duties, and responsibilities of the district attorney during such absence, including but not limited to such powers and duties as the district attorney may have pursuant to this title, Code Section 16-11-64, and Code Section 24-9-28 and the laws of this state relating to the validation of bonds. {2}{3J If the district attorney shall be absent for a period of more than 30 days as a result of ordered military duty, as defined in Code Section 38-2-279, or disability as provided in paragraph (1) of this subsection, the chief assistant district attorney shall be the designated acting district attorney. If no chief assistant has been designated pursuant to subsection (a) of this Code section, the district attorney shall designate a chief assistant district attorney pursuant to subsection (a) of this Code section prior to entering ordered military service. Should the district attorney fail to designate a chief assistant district attorney prior to entering ordered military duty, the assistant district attorney senior in time of service shall be designated the acting district attor ney. The designation of an acting district attorney shall terminate upon the district attorney's release from ordered military duty or the district attorney resuming the duties of said office as provided in paragraph (1) of this subsection. {3^4) An acting district attorney, upon assuming the office as provided in paragraph (1) or (3) of this subsection, shall be compensated at the same rate as is authorized by general or local law for the district attorney. The acting district attorney shall retain such other benefits and emoluments as an assistant district attorney, including, but not limited to, membership in the Employees' Retirement System of Georgia and coverage under the State Employees Health Benefit Plan.
HH5J The acting district attorney shall be authorized to appoint an additional assist ant district attorney who shall be compensated in the same manner and from the same source or sources as the acting district attorney was compensated prior to being designated acting district attorney. Said appointment shall be temporary and shall ter minate upon the district attorney resuming the duties of his or her office,
(c) In addition to any other compensation which the chief assistant district attorney may receive from state or county funds, the district attorney may authorize the chief assistant district attorney to be paid an amount not to exceed $1,200.00 per annum. Said amount shall be paid in equal monthly installments from state funds appropriated or available for the operation of the superior courts."

SECTION 4. Said article is further amended by striking Code Section 15-18-27, relating to appointment of attorney by court on accusation or presentment against a district attorney, in its entirety and inserting in lieu thereof the following:
"15-18-27.

TUESDAY, FEBRUARY 6, 1996

571

(a) When any person makes an affidavit before the a judge of the superior court er the grd jvtry that in his judgment which alleges that the district attorney or a member of the staff of the district attorney is guilty ef has committed an indictable offense and that saeh pefse* desires te prosecute h* and the court finds that there is probable cause to believe that the accused has committed the alleged offense or when the grand jury presents files a sealed report with the presiding judge that the grand jury has found reasonable grounds to believe that the district attorney fer or a member of the staff of the district attorney has committed such an offense and intends to proceed as provided in Code Sections 45-11-4 and 45-15-11, it shall be the duty of the court instantcr to appoint seme competent attorney a* Jaw te ebaw a bitt ef- indictment; and; when a sub stitute as provided in Code Section 15-18-5. (b) If a true bill is foundj ef a prcacntmcnt is made, it shatt be the duty ef- the eert to put TR district &ttOFUcy under Pcconizoticc OP m prison} flccoruin to trie oricnscj until the ease has bee prosecuted the case shall proceed as other criminal cases and upon conviction shall proceed as provided by Code Section 45-5-6.1."
SECTION 5. For the fiscal year beginning July 1, 1996, the Department of Administrative Services is authorized and directed to transfer to the Prosecuting Attorneys' Council of Georgia suffi cient funds to enable the council to carry out its duties under Section 1 of this Act.
SECTION 6. This section and Sections 3 and 4 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Sections 1 and 2 of this Act shall become effective July 1, 1996; provided, however, that for the purpose of completing ministerial actions required by the provisions of Sections 1 and 2 of this Act, Sections 1 and 2 shall become effective upon approval of this Act 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 Alien Y Andersen YAshe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, 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 Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H E Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Y Floyd

Y Godbee Y Golden Y Goodwin Y Greene
Grindley Y Banner Y Harbin
Y Harris Y Heard
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 YLakly 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 YParham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak
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

572

JOURNAL OF THE HOUSE,

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 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
Towery Y Trense

Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmoreland Y Whitaker

White Y Wiles Y Williams, B E 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 substi tute.

HB 1231.

By Representatives Stancil of the 16th, Pinholster of the 15th, Mobley of the 86th and Smith of the 12th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning procedures, so as to change the types of zoning deci sions to which such procedures are applicable; to provide for applicability of such procedures of annexed property.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the types of zoning decisions to which such procedures are applicable; to provide for applicability of such procedures to property to be annexed; to provide for additional procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proce dures, is amended by striking paragraph (4) of Code Section 36-66-3, relating to definitions regarding zoning procedures, and inserting in its place a new paragraph (4) to read as fol lows:
"(4) 'Zoning decision* means final action by a local government which results with: (A) The adoption of a zoning ordinance; (B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; er (C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another?; or (D) The adoption of an amendment to a zoning ordinance by a municipal local gov ernment which zones property to be annexed into the municipality."
SECTION 2. Said chapter is further amended by adding a new subsection at the end of Code Section 36-66-4, relating to procedures regarding zoning decisions, to be designated subsection (d), to read as follows:
"(d) If the zoning is for property to be annexed into a municipality, then: (1) Such municipal local government may begin the procedures required by this chap ter for such zoning at any time on or after the date the notice of the proposed annexa tion is provided to the governing authority of the county as required under Code Section 36-36-6; (2) The hearing required by subsection (a) of this Code section shall be conducted prior to the annexation of the subject property into the municipality;

TUESDAY, FEBRUARY 6, 1996

573

(3) In addition to the other notice requirements of this Code section, the municipality shall cause to be published within a newspaper of general circulation within the terri torial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of subsection (a) or (b), as applicable, of this Code section and shall place a sign on the property when required by subsec tion (b) of this Code section; and (4) The zoning classification approved by the municipality following the hearing required by this Code section shall become effective on the later of:
(A) The date the zoning is approved by the municipality; or (B) The date that the annexation becomes effective pursuant to Code Section 36-36-2."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Andereon Y Ashe
Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck 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
Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H
E Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton
Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin
Y Harris Y Heard
Hecks tall 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann Y Martin Y McBee Y McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves
Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder 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 YTeague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall
Watson
Y Watts
Y Westmoreland
Y Whitaker
Y White
Y Wiles
Y Williams, B
E 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.

574

JOURNAL OF THE HOUSE,

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

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to define a term relating to revocation of habitual violators' licenses; to provide for destruction of old licenses; to authorize fingerprinting of applicants for licensure; to change procedures for issuance of replacement licenses and permits; to pro vide sanctions for making false statements in application for an identification card and for use of a fraudulent identification card; to provide sanctions for certain actions involving improperly or fraudulently obtaining or using a driver's license or identification card; to change provisions relating to the contents of licenses and identification cards; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding after paragraph (16) of Code Section 40-5-1, relating to definitions, a new paragraph (16.1) to read as follows:
"(16.1) 'Singularly or in combination' means that the department, in determining whether or not a person's license or privilege to operate a motor vehicle on the public highways is to be revoked as a habitual violator, is to treat each charge for which a conviction was obtained as a separate transaction when determining whether or not a person has the requisite convictions which mandate such a revocation."
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 40-5-20, relat ing to the requirement of a license, surrender of a prior license, and prohibition of local licenses and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) No person shall receive a driver's license unless and until fee such person surrenders to the department all valid licenses in his such person's possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be destroyed returned thereto, together with information tfeat the pers licensed k this state. The license information shall be forwarded to the previous juris diction. No person shall be permitted to have more than one valid driver's license at any time."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-27, relat ing to examination of driver's license applicants, and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) The department shall examine every applicant for a driver's license. Such examina tion shall include a test of the applicant's eyesight, his or her ability to understand offi cial traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or gen eral class of vehicles he or she desires a license to drive. Applicants with valid and cur rent licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests. The examination may also include such further physical and mental

TUESDAY, FEBRUARY 6, 1996

575

examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license."
SECTION 4. Said chapter is further amended by striking Code Section 40-5-28, relating to issuance of licenses, and inserting in lieu thereof a new Code Section 40-5-28 to read as follows:
"40-5-28.
The department shall, upon payment of the required fee, issue to every applicant quali fying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photo graph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. Specifically but without limitation, the department may require applicants to submit fingerprints upon application. No license shall be valid until it has been so signed by the licensee."
SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-31, relat ing to replacement of lost or destroyed licenses, and inserting in its place a new subsection (b) to read as follows:
"(b) The department ad *h officers in charge ef- state patrol stations shall issue a tem porary permit or driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 40-5-100, relat ing to issuance of identification cards, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Safety shall issue personal identification cards to all res idents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall may contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Location Poat where the identification card was issued; and (10) Signature of person identifiedv; (11) Fingerprint of the person identified; and (12) Such other information or identification as required by the department."
SECTION 7. Said chapter is further amended by striking Code Section 40-5-125, relating to the use of a false name in an application for a driver's license, and inserting in lieu thereof a new Code Section 40-5-125 to read as follows:

576

JOURNAL OF THE HOUSE,

"40-5-125.
It is a misdemeanor for any person to: (1) Display, cause or permit to be displayed, or have in his or her possession any ficti tious, fraudulent, or altered driver's license or identification card; 4i)^2) Use a false or fictitious name or provide any other false information in any application for a driver's license or identification card; (3) Procure, secure, or assist another person in the procuring or securing of a fraudu lent driver's license or identification card; (4) Alter any driver's license or identification card such that the information on the license is false or fictitious; (5) Sell or deliver any false, fictitious, or altered driver's license or identification card; (3)(6) Lend his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person; er {3}(7) Display or represent as his or her own any driver's license or identification card not issued to him or her; or (8) Conceal a material fact in any application for a driver's license.

less than $200.00 Any employee of the Department of Public Safety who is convicted of violating this Code section shall also be guilty of the offense of violating his or her public position and, upon conviction, shall be punished as for such separate and addi tional violation."
SECTION 8. Said chapter is further amended by striking subsection (c) of Code Section 40-5-150, relat ing to contents, classifications, endorsement, restriction, expiration, and renewal of licenses, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Commercial driver's licenses may be issued with the following endorsements and restrictions:
(1) 'H' -- Authorizes the driver to drive a vehicle transporting hazardous materials; (2) ^ 'L' -- Restricts the driver to vehicles not equipped with air brakes; (3) 'T' -- Authorizes driving double and triple trailers; (4) 'P' -- Authorizes driving vehicles carrying 16 or more passengers, including the driver; (5) 'N' -- Authorizes driving tank vehicles; and (6) 'X' -- Represents a combination of hazardous materials and tank vehicle endorse ments. The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 40-5-171, relat ing to identification cards for persons with disabilities, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Safety shall issue personal identification cards to per sons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, shall may contain a recent color photograph of the applicant and the following information:
(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;

TUESDAY, FEBRUARY 6, 1996

577

(10) Location Pest where the identification card was issued; a4 (11) Signature of person identified;; (12) Fingerprint of person identified; and (13) Such other information as required by the department."
SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Bunn of the 74th, et al. move to amend the Committee substitute to HB 256 by striking line 5 of page 1 and inserting in lieu thereof the following:
"change certain provisions relating to issuance of licenses; to".
By striking lines 1 through 16 of page 3 and inserting in lieu thereof the following:
'"40-5-28.
The department shall, upon payment of the required fee, issue to every applicant quali fying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photo graph of the licensee, the licensee's full name, the licensee's United States citizenship status, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately pe receipt ef the license, and such other information or identification as is required by the department. Specifically but without limitation, the department may require applicants to submit fingerprints upon application. No license shall be valid until it has been so signed by the licensee. United States citizenship will be indicated on the face of the license by placement of an "X" in the appropriate "Yes" or "No" box after the question "United States citizen?'"".

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

Y Alien N Anderson Y Ashe N Bailey N Baker Y Bannister
N Barfoot N Bargeron
Y Barnard YBarnes N Bates N Benefield
Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D
N Brooks, T Y Brown, J Y Brush NBuck Y Buckner
YBunn Y Burkhalter
NByrd

Y CampbeU N Canty Y Carter N Chambless Y Channell
N Childers Y Coker Y Coleman, B N Coleman, T
Connell
Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H
E Dixon, S Y Dobbs Y Ehrhart
N Epps

Y Evans Y Falls Y Felton
N Floyd Godbee
N Golden
Y Goodwin Greene
Y Grindley
N Banner Y Harbin Y Harris
N Heard N Heckstall N Hegstrom Y Hembree Y Henson E Holland N Holmes N Howard N Hudson N Hugley Ylrvin N James
Jamieson

N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly YLane Y Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin Y McBee Y McCall Y McClinton N McKinney

Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A Y Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts

578

JOURNAL OF THE HOUSE,

Y Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp
N Simpson N Sinkfield

N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W N Smyie Y Snelling N Snow

N Shillings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson N Streat N Taylor
N Teague N Teper N Thomas

N Tillman Y Titus Y Towery Y Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L YWall Y Watson
Watts

Y Westmorland Y Whitaker N White
Y Wiles
Y Williams, B
E Williams, J Y Williams, R
Y Woods YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 86, nays 80. The amendment was adopted.

Representative McKinney of the 51st moved that the House reconsider its action in adopting the Bunn amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien
Y Andersen NAshe Y Bailey
Y Baker N Bannister N Barfoot N Bargeron N Barnard NBarnes
Bates N Benefield
Birdsong Y Bordeaux NBostick N Breedlove N Brooks, D Y Brooks, T 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 Y Coleman, T
Connell N Crawford

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

N Irvin Y James
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 N Lee N Lewis N Lifsey
Lord Y Lucas
Maddox NMann Y Martin N McBee N McCall
McClinton Y McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller N O'Neal Y Orrock YParham

On the motion, the ayes were 52, nays 109. The motion was lost.

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

Y Smyre N Snelling 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
Thomas Tillman N Titus N Towery N Trense Y Turnquest NTwiggs 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

Representative Dobbs of the 92nd moved that HB 256 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien Anderson
NAshe Y Bailey Y Baker

Bannister N Barfoot N Bargeron N Barnard YBarnes

Y Bates Y Benefield
Birdsong Y Bordeaux N Bostick

N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush

NBuck Y Buckner N Bunn N Burkhalter
NByrd

TUESDAY, FEBRUARY 6, 1996

N Campbell Y Canty N Carter Y Chambless Y Channell
Y Childers N Coker N Coleman, B Y Coleman, T
Cornell N Crawford
N Crews N Culbreth N Cummings
Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix
Diion, H
E Diion, S Y Dobbs NEhrhart YEpps N Evans N Falls N Felton N Floyd NGodbee Y Golden

NGoodwin Y Greene N Grindley Y Banner N Harbin N Harris Y Heard YHeckstall Y Hegstrom N Hembree N Henson E Holland Y Holmes Y Howard Y Hudson
Y Hugley NIrvin Y James
Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones Y Joyce NKaye N Kinnamon N Klein
NLadd NLakly
YLane

N Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddoi NMann Y Martin
N McBee N McCall N McClinton Y McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller Y O'Neal Y Orrock N Parham Y Parrish N Parsons
E Pelote N Perry N Pinholster Y Polak
N Porter Y Poston N Powell Y Purcell, A

On the motion, the ayes were 71, nays 94. The motion was lost.

Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts N Rogers
Royal N Sanders
N Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
N Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W
Y Smith, L N Smith, P N Smith, T N Smith, V N Smith, W Y Smyre N Snelling YSnow Y Stallings
Stancil, F

579
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman N Titus N Towery
Trense Y Tumquest NTwiggs Y Walker, L N Walker, R.L NWall 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

The following amendment was read:
Representative Barnes of the 33rd moves to amend the Committee substitute to HB 256 as follows: By striking on line 13 page 3
"Specifically but, without limitation, the department may require applicants to submit fingerprints upon application". By striking line 16 page 4 and By striking on line 30 page 6.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Alien Y Anderson Y Ashe Y Bailey
Baker N Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Y Benefield Y Birdsong N Bordeaux Y Bostick

Y Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd N Campbell Y Canty N Carter Y Chambless Y Channell

Y Childers Y Coker Y Coleman, B
Y Coleman, T Connell
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix

Dixon, H E Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans
Y Falls N Felton Y Floyd NGodbee N Golden Y Goodwin N Greene Y Grindley N Hanner

Y Harbin Y Harris
Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson
E Holland Y Holmes Y Howard Y Hudson
Y Hugley Ylrvin Y James
Jamieson

580

JOURNAL OF THE HOUSE,

Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly YLane Y Lawrence
NLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin

Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock NParham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston N Powell

Y Purcell, A N Purcell, B YRandall Y Randolph
Ray Y Reaves N Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Y Scoggins YShanahan NShaw Y Sherrill
N 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
NSnow 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 YTillman

On the adoption of the amendment, the ayes were 142, nays 24. The amendment was adopted.

Y Titus Y Towery N Trense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L N Wall
N 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 amendment was read:

Representatives Barnes of the 33rd, Davis of the 60th, Chambless of the 163rd and Martin of the 47th move to amend the Committee substitute to HB 256 as follows:
By deleting Section I and renumbering remaining sections.

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

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

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M NDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H E Dixon, S Y Dobbs Y Ebrhart YEpps
Evans Y Falls Y Felton Y Floyd
God bee Y Golden
Y Goodwin Y Greene
Grindley Y Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson E 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 N Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox YMann Y Martin Y McBee YMcCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock NParham

Y Parrish Y Parsons E 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 N Sanders Y Sauder N 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 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 Y Titus Y Towery Y Trense Y Turnquest NTwiggs Y Walker, L N Walker, R.L YWall Y Watson
Y Watts
N Westmoreland
Y Whitaker
Y White
N Wiles
Y Williams, B
N Williams, J
Y Williams, R
Y Woods
YYates
Murphy, Spkr

TUESDAY, FEBRUARY 6, 1996

581

On the adoption of the amendment, the ayes were 150, nays 16. The amendment was adopted.

The following amendments were read and adopted:

Representative Canty of the 52nd moves to amend the Committee substitute to HB 256 as follows:
Line 16 - page 5. After the word "who" - insert the words "knowingly violates and in convicted,"
Delete the word "is" on line 16.

Representatives Lakly of the 105th and Hembree 98th move to amend the Committee sub stitute to HB 256 by adding on line 7 of page 1 between the semicolon and the word "to" the following:
"to prohibit the stapling, defacing, or altering of a driver's license which has been seized by a law enforcement officer upon a person being charged with a violation of the law relating to the operation of motor vehicles;".
By adding between lines 29 and 30 on page 3 a new Section 5A to read as follows:
"SECTION 5A. Said chapter is further is amended by adding following Code Section 40-5-73 a new Code Section 40-5-74 to read as follows:
'40-5-74.
Whenever a person is charged with a violation of the law relating to the operation of motor vehicles resulting in the person's driver's license being seized by a law enforce ment officer and forwarded to the court having jurisdiction of the offense or whenever a person is convicted of any offense resulting in the person's driver's license being sus pended and forwarded to the department, such driver's license shall not be stapled to any document or in any manner defaced or altered so as to indicate at any time in the future such previous seizure and processing of the license.'"

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 Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot YBargeron Y Barnard Y Barnes Y Bates YBenefleld YBirdsong Y Bordeaux YBostick YBreedlove

Y Brooks, D Y Brooks, T 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! YChilders Y Coker

Y Coleman, B Y Coleman, T
Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day
DeLoach, B Y DeLoach, G Y Dii
Dixon, H E Dixon, S Y Dobbs

Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard
Heckstall

N Hegstrom Y Hembree Y Henson E Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones

582

JOURNAL OF THE HOUSE,

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 YMcCall Y McClinton Y McKinney

Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock YParham Y Parrish Y Parsons E 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 Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, P Y Smith, T Y Smith, V
Y Smith, W YSmyre Y Snelling
YSnow Y Stallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague NTeper Y Thomas Y Tillman Y Titus

Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson
Y Watts Y Westmoreland
Y Whitaker White
VX W Wi1l1a6a8
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1232.

By Representatives Smith of the 174th, Ehrhart of the 36th, Pinholster of the 15th and Crews of the 78th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as 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 per son has been tested for illegal drugs and the results of such tests are nega tive.

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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H E Dixon, S YDobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris

Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson
E 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
Lee Y Lewis Y Lifsey YLord
Lucas

Y Maddox YMann
Y Martin Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert

Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
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

TUESDAY, FEBRUARY 6, 1996

583

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
Woods Y Yates
Murphy, Spkr

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

HB 367. By Representative Childers of the 13th:
A bill to amend Code Section 34-8-194 of the Official Code of Georgia Anno tated, relating to the grounds for disqualification of unemployment compen sation benefits, so as to provide that terminal leave pay, severance pay, separation pay, or dismissal payments or wages paid to an employee as an incentive for early retirement shall not affect entitlement to unemployment compensation.

The following Committee substitute was read:

A BILL
To amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to the grounds for disqualification of unemployment compensation benefits, so as to provide that terminal leave pay, severance pay, separation pay, or dismissal payments or wages paid to an employee as an incentive for early retirement shall not affect entitlement to unemployment compensation under certain conditions; 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 34-8-194 of the Official Code of Georgia Annotated, relating to the grounds for disqualification of unemployment compensation benefits, is amended by striking para graph (5) and inserting in its place a new paragraph (5) to read as follows:
"(5) For any week with respect to which the employee is receiving or has received remuneration in the form of:
(A) Wages in lieu of notice, terminal leave pay, severance pay, separation pay, or dismissal payments or wages by whatever name, regardless of whether the remuner ation is voluntary or required by policy or contract; provided, however, such remu neration shall only affect entitlement if the remuneration for such week exceeds the individual's weekly benefit amount; provided, further, that terminal leave pay, sev erance pay, separation pay, or dismissal payments which are paid to an employee for separation from employment as an incentive for early retirement shall not affect entitlement unless the employer making such payments elects in writing to have such payments affect entitlement, but only to the extent that remuneration exceeds the individual's weekly benefit amount. Remuneration for accrued but unused annual leave, vacation pay, sick leave, or payments from employer funded supple mental unemployment plans, pension plans, profit-sharing plans, deferred compen sation, or stock bonus plans or seniority buyback plans shall not affect entitlement. In the case of lump sum payments or periodic payments which are less than the individual's weekly wage, such payments shall be prorated by weeks on the basis of the most recent weekly wage of the individual for a standard work week; or (B) Compensation for temporary partial or temporary total disability under the workers' compensation law of any state or under a similar law of the United States;".
SECTION 2. This Act shall become effective on July 1, 1996, and shall be applicable to separations from employment occurring on or after July 1, 1996.

584

JOURNAL OF THE HOUSE,

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

The following amendment was read:

Representative Coleman of the 142nd moves to amend the Committee substitute to HB 367 as follows:
By deleting on page 1, line 29 the word "not"
and by deleting on page 1, line 30 & 31 the words "employer making such payments elects in writing to have such payments affect entitlement" and substituting in its place the words
"employee requests from the employer and the employer furnishes a notarized letter to the department stating they do not wish such payments to affect eligibility".

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

N Alien Y Anderson YAshe N Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Boatick Y Breedlove
Brooks, D Brooks, T Y Brown, J Y Brush
YBuck Y Buckner
YBunn Y Burkhalter YByrd
Y Campbell N Canty Y Carter Y Chambless YChannell N Childers
Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth
Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Dixon, H E Dixon, S Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard Y Heckstall Hegstrom Y Hembree Y Henson E 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
N Kinnamon Y Klein YLadd Y Lakly YLane N Lawrence YLee N Lewis Y Lifsey YLord
Lucas Y Maddox YMann N Martin Y McBee Y McCall N McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal N Orrock YParham

Y Parrish Y Parsons E Pelote N Perry Y Pinholster NPolak Y Porter Y Poston
Y Powell Y Purcell, A Y Purcell, B NRandall 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 N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W

On the adoption of the amendment, the ayes were 135, nays 23. The amendment was adopted.

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

TUESDAY, FEBRUARY 6, 1996

585

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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

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

N Irvin Y James Y Jamieson
Y Jenkins Y Johnson, G N Johnson, J Y Johnston
Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly YLane Y Lawrence YLee Y 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

Y Parrish Y Parsons E 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 N Rogers
N Royal N Sanders N Sauder Y Scoggins Y Shanahan NShaw Y Sherrill N Shipp Y Simpson Y Sinktield Y 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 YSnow Y Stallings Y Stancil, F
Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus N Towery N Trense
Turnquest Twiggs Y Walker, L N Walker, R.L Y Wall Watson
Y Watts
N Westmorland Y Whitaker
Y White
N Wiles
N Williams, B
N Williams, J
N Williams, R
N Woods
N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 98, nays 65.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to change the dates for qualifying and for the general primary in 1996.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change the date for the general primary in 1996; to provide for noncomformity as to date of election printed on ballots for the general primary in 1996; to provide for the date of the primary runoff in 1996; 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 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended in Code Section 21-2-150, relating to the date of the general primary

586

JOURNAL OF THE HOUSE,

and the date of the nonpartisan primary, by inserting a new subsection to be designated subsection (d) to read as follows:
"(d) In 1996, such primary shall be held on the second Tuesday in July. Notwithstand ing any other provision of law to the contrary, any referendum, special election, or spe cial primary which is required to be held on the third Tuesday in July, 1996, shall not be conducted on that date, but shall be held on the second Tuesday in July, 1996."
SECTION 2. Said chapter is further amended by inserting in Code Section 21-2-284, relating to the form of official primary ballot, a new subsection to be designated subsection (f) to read as follows:
"(f) Notwithstanding any other provision of law to the contrary, with respect to the gen eral primary held in 1996, ballots which are in conformance to all provisions of this chapter except for the date of the election printed on the ballot may be used in the gen eral primary."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-501, relating to the proportion of the vote required for nomination in a primary and election in a special election or general election and run-off elections, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless post poned by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. With regard to the 1996 general primary runoff, such runoff shall be held on the twentyeighth day following the 1996 general primary. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary or special elec tion runoff shall be a continuation of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or spe cial election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Holmes of the 53rd, Walker of the 141st and Lee of the 94th was read:

TUESDAY, FEBRUARY 6, 1996

587

A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change the date for the general primary in 1996; to provide for polling places outside precinct boundaries in certain counties; to provide for noncomformity as to date of election printed on ballots for the general primary in 1996; to provide for the date of the primary runoff in 1996; 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 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended in Code Section 21-2-150, relating to the date of the general primary and the date of the nonpartisan primary, by inserting a new subsection to be designated subsection (d) to read as follows:
"(d) In 1996, such primary shall be held on the second Tuesday in July. Notwithstand ing any other provision of law to the contrary, any referendum, special election, or spe cial primary which is required to be held on the third Tuesday in July, 1996, shall not be conducted on that date, but shall be held on the second Tuesday in July, 1996."
SECTION 2. Said chapter is further amended by inserting in Code Section 21-2-265, relating to selec tion and change of polling places, a new subsection to be designated subsection (e) to read as follows:
"(e) Notwithstanding any other provision of law to the contrary, for the 1996 general primary, in counties with a population of 400,000 or more persons according to the United States decennial census of 1990 or any future such census, the superintendent may establish the polling place for a precinct outside the boundaries of the precinct if, by so doing, such polling place would better serve the needs of the voters for that pri mary."
SECTION 3. Said chapter is further amended by inserting in Code Section 21-2-284, relating to the form of official primary ballot, a new subsection to be designated subsection (f) to read as follows:
"(f) Notwithstanding any other provision of law to the contrary, with respect to the gen eral primary held in 1996, ballots which are in conformance to all provisions of this chapter except for the date of the election printed on the ballot may be used in the gen eral primary."
SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-501, relating to the proportion of the vote required for nomination in a primary and election in a special election or general election and run-off elections, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless post poned by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. With

588

JOURNAL OF THE HOUSE,

regard to the 1996 general primary runoff, such runoff shall be held on the twentyeighth day following the 1996 general primary. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary or special elec tion runoff shall be a continuation of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or spe cial election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224."
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 withdrawn:

Representative Towery of the 30th moves to amend the Floor substitute to SB 192 as fol lows:
Amend line 1 of page 3 by eliminating the words "twenty-eighth day" and insert the words "the thirty-fifth day".

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 Alien Y Andersen
YAshe Y Bailey Y Baker
Bannister YBarfoot YBargeron Y Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bordeaux YBostick YBreedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush Y Buck YBuckner Y Bunn YBurkhalter YByrd Y Campbell

Y Canty Y Carter
YChambless Y Channell Y Childere Y Coker YColeman, B Y Coleman, T Y Cornell N Crawford Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H E 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 Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson E 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 Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

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

TUESDAY, FEBRUARY 6, 1996

589

Y Shanahan YShaw Y SherriU 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 Street Y Taylor YTeague Y Teper Y Thomas YTiUman
Y Titus

Y Towery Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts vY nWre_sxtm_o_r.e-Ila_n_d1

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 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 947. By Representative Streat of the 167th: A resolution expressing regret at the loss of Captain Ralph E. Vick.

HR 948. By Representatives Brooks of the 54th, Teague of the 58th and McKinney of the 51st:
A resolution in memory of Charles L. Jackson.

HR 949. By Representative Bailey of the 93rd: A resolution commending the Clayton County food service personnel.

HR 950. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution honoring Mrs. Lizzie Ida Russell Greene.

HR 951. By Representatives Brooks of the 54th, Teague of the 58th and McKinney of the 51st:
A resolution in memory of Lucas Guice.

HR 952. By Representative Yates of the 106th: A resolution commending Edwin S. Griffin.

HR 953. By Representatives Dixon of the 150th, Murphy of the 18th, Irvin of the 45th, Campbell of the 42nd and Pinholster of the 15th:
A resolution commending Mr. Jon Toorchen, FCSD.

HR 954. By Representatives Barnard of the 154th, Godbee of the 145th, Mueller of the 152nd, Dixon of the 150th, DeLoach of the 172nd and others:
A resolution expressing regrets at the passing of James E. Hilderbrandt.

HR 955. By Representative Smith of the 174th: A resolution commending Elizabeth H. Newton.

HR 956. By Representative Smith of the 174th: A resolution commending E. Kimberly Barry.

590

JOURNAL OF THE HOUSE,

HR 957. By Representative Smith of the 174th: A resolution commending Malyn B. Perkins.

HR 958. By Representatives Smyre of the 136th, Buck of the 135th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd and others:
A resolution commending Dr. William Watkins Kelly on the occasion of his retirement.

HR 959. By Representatives Teague of the 58th and Heckstall of the 55th:
A resolution recognizing South Fulton County Legislative Day at the Capitol on February 14, 1996, in celebration of Black History Month.

HR 960. By Representative Streat of the 167th: A resolution commending Patrolman Chad Odum.

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

Mr. Speaker:

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

HB 383 Do Pass, by Substitute HB 885 Do Pass, by Substitute HB 1202 Do Pass

HB 1444 Do Pass, by Substitute SB 296 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1318 Do Pass HB 1518 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

Mr. Speaker:

TUESDAY, FEBRUARY 6, 1996

591

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

HB 1338 Do Pass, by Substitute HB 1398 Do Pass, by Substitute HB 1404 Do Pass

HB 1439 Do Pass, by Substitute HB 1461 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1322 Do Pass HB 1446 Do Pass, by Substitute SB 547 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1331 Do Pass HB 1506 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:

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

HB 1327 Do Pass HB 1367 Do Pass HB 1403 Do Pass, by Substitute

HB 1443 Do Pass HB 1486 Do Pass HB 1487 Do Pass, by Substitute

592

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

WEDNESDAY, FEBRUARY 7, 1996

593

Representative Hall, Atlanta, Georgia Wednesday, February 7, 1996

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 Larry Gunter, Pastor, Alma Church of God, Alma, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed,
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 1614. By Representatives Skipper of the 137th and Purcell of the 147th: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to repeal certain provisions regarding the selling and transferring of tax executions in lot blocks.
Referred to the Committee on Ways & Means.
HB 1615. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th: A bill to amend an Act entitled "An Act establishing a City Court in the County of Clarke," formerly known as the State Court of Clarke County, so as to repeal certain provisions relating to an additional judge for such court.
Referred to the Committee on State Planning & Community Affairs - Local.

594

JOURNAL OF THE HOUSE,

HB 1616. By Representatives Lewis of the 14th, Golden of the 177th and Rogers of the 20th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions regarding sales and use taxation, so as to change the definition of a retail sale for purposes of such taxation; to change an exemption from such taxation for certain sales of electricity.
Referred to the Committee on Ways & Means.
HB 1617. By Representatives Ray of the 128th, Randall of the 127th, Falls of the 125th and Birdsong of the 123rd:
A bill to amend an Act known as the "Macon Water Authority Act," so as to add a definition of the term "services, facilities, and commodities fur nished".
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1618. By Representative Barnes of the 33rd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to the length of vehicles and loads, so as to authorize automo bile carriers of a specific length and configuration to be used on certain highways.
Referred to the Committee on Transportation.
HB 1619. By Representative Royal of the 164th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the serving of certain notices of delinquency and the receiving of certain acknowledgements of service by telephonic facsimile transmission or by other means of instantaneous elec tronic transmission.
Referred to the Committee on Ways & Means.
HB 1620. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th, Henson of the 65th, Sherrill of the 62nd and others:
A bill to create the DeKalb County Civic Center Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1621. By Representative Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to height of vehicles and loads; to change certain provisions relating to permits for excess weight and dimen sion.
Referred to the Committee on Transportation.

HB 1622. By Representative Barnes of the 33rd:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlordtenant relationship, so as to provide for the effect of written real estate bro kerage agreements and the construction thereof; to provide for the nature and scope of written brokerage agreements incorporated into leases.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 7, 1996

595

HB 1624. By Representative Simpson of the 101st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide that in proceedings involving visitation rights in which sexual abuse of the child by the noncustodial parent is alleged the court shall order a psychological evaluation of the child and shall not permit unsupervised visitation pending resolution of any charges filed relating to such allegations.
Referred to the Committee on Judiciary.
HB 1625. By Representatives Dixon of the 168th, Epps of the 131st, DeLoach of the 119th, Golden of the 177th, Alien of the 117th and others:
A bill to amend Code Section 3-4-26 of the Official Code of Georgia Anno tated, relating to display of advertisement or information regarding prices of distilled spirits in visible places, so as to prohibit the sale of distilled spirits by the package at a price below cost.
Referred to the Committee on Regulated Beverages.

HB 1626. By Representatives Baker of the 70th, Barnes of the 33rd, Crawford of the 129th, Martin of the 47th, Kinnamon of the 4th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, and Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances of a criminal trial, so as to clarify the circumstances in which civil and criminal trial courts shall grant continuances due to a party's or an attorney's attendance at the General Assembly.
Referred to the Committee on Judiciary.

HR 946. By Representative Twiggs of the 8th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to the Committee on State Institutions & Property.

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 1635. By Representatives Smith of the 169th, Childers of the 13th, Hugley of the 133rd, Smith of the 19th, Hudson of the 156th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to health care facilities, so as to provide for a point-of-service option for certain persons offered health insurance coverage through a health maintenance organization.
Referred to the Committee on Insurance.

HB 1638. By Representatives Parrish of the 144th, Jamieson of the 22nd, Royal of the 164th, Buck of the 135th, Skipper of the 137th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of taxation of financial institutions.
Referred to the Committee on Ways & Means.

596

JOURNAL OF THE HOUSE,

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

HB 1598 HB 1599 HB 1600 HB 1601 HB 1602
SB lew
tiD 1604
HB 1605 HB 1606
HB 1607
HB 1608
HB 1610
HB 1611
HB 1612

HB 1613 HB 1623 SB 496 SB 498 SB 520
SB 553
C R roc
SB ?TM B 91
SB 606
SB 607
SB 621
SB 642
SR 445

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1287 Do Pass, by Substitute SB 560 Do Pass, as Amended
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 1592 Do Pass HB 1594 Do Pass

SB 650 Do Pass SB 651 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, FEBRUARY 7, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 18th Legislative Day as enu merated below:

WEDNESDAY, FEBRUARY 7, 1996

597

HB 522 HB 555 HB 1154 HB 1203 HB 1241 HB 1266 HB 1291 HB 1341 HB 1364 HB 1459 HB 1510

Special license plates; Pearl Harbor vets; repeal additional fee Professional Employer Organization Act; enact Prisons; medical service to inmates; cost Zoning hearings; minimum time period Sales tax exemption; nonprofit licensed in-patient hospice Charities; paid solicitor; certified financial statement Workers' compensation; amend provisions Criminal procedure; regional jail auth; amend provisions Ad valorem tax; due date Driver's license; restricted inst permits; cert minors Speed limits on certain highways; increase maximum

SB 262 Medical Scholarships - repayment facilities (Oliver of the 42nd)

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 1592.

By Representatives Smith of the 175th and Smith of the 169th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Charlton County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1594.

By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the State Court of Fayette County, so as to change the date for the election and the beginning of the term of the first judge and solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 650. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of White County; to provide for related matters; to provide an effective date.

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

598

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed.

SB 651. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Lumpkin County; to provide for related matters; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 668. By Senator Gillis of the 20th:
A bill to amend an Act creating the Board of Commissioners of Treutlen County, as amended, so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date.

HB 1343.

By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:
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 each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.

HB 1377. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th:
A bill to amend an Act providing a homestead exemption from City of Alpharetta ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, so as to change a definition; to change the taxes to which the exemption applies.

HB 1500.

By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County.

WEDNESDAY, FEBRUARY 7, 1996

599

HB 1507. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chair person and members of the board.

HB 1517. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Wilcox County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

SB 368. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, known as the "Professional Counselors, Social Workers, and Mar riage and Family Therapists Licensing Law," so as to exempt certain persons who engage in the practice of professional counseling from the licensing and other requirements of said chapter; to repeal a certain definition.

SB 395. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
A bill to amend Code Section 30-5-4 of the Official Code of Georgia Anno tated, relating to reporting the need for protective services for disabled adults, so as to change which persons must make certain reports; to provide for reporting the need for protective services for elderly adults.

SB 513. By Senators Thomas of the 10th and Oliver of the 42nd:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that shelters that are approved by the Department of Human Resources to receive state funds are not required also to be licensed by the Department of Human Resources,

SB 551. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for juvenile court orders for the successful completion of a substance abuse program; to change the standard for termination of parental rights.

SB 587. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and Guhl of the 45th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to define certain terms; to authorize certain county correctional facilities to obtain certain information from inmates relating to medical insurance; to provide for the provision and payment of medical treatment for inmates; to provide that certain state and county cor rectional facilities may deduct from inmate accounts.

600

JOURNAL OF THE HOUSE,

SB 592. By Senators Perdue of the 18th, Thomas of the 10th, Johnson of the 1st 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 provide for the direct access of patients to services of an obstetrician or a gynecologist; to provide for disclo sures; to provide for legislative intent and findings; to provide for a defini tion.
SB 605. By Senators Perdue of the 18th, Madden of the 47th, Langford of the 29th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty in general, so as to provide an additional aggravating circumstance which may be considered in sentenc ing in murder cases; to provide that such additional aggravating circum stances shall be the fact that the victim of the murder was a child under the age of 16 and the offense involved child abuse, sexual abuse, or sexual exploi tation of the victim.
SB 608. By Senators Oliver of the 42nd, Scott of the 36th and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to provide for additional members; to provide for staggered terms of com mission members.
SB 609. By Senators Hill of the 4th, Kemp of the 3rd and Thomas of the 10th:
A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for assistance programs for crime vic tims, so as to provide that additional penalties imposed in criminal cases to provide such funding shall be imposed in all criminal and ordinance violation cases in all courts of the state and its political subdivisions.
SB 613. By Senators Marable of the 52nd, Middleton of the 50th, Dean of the 31st and Newbill of the 56th:
A bill to amend Code Section 20-2-101 of the Official Code of Georgia Anno tated, relating to appointment of school superintendents, so as to provide for appointments of school superintendents prior to the expiration of their con tracts or terms and provide for vacancies; to provide when certain notices and announcements regarding the employment of such superintendents are not required.
SB 618. By Senators Clay of the 37th and Burton of the 5th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Anno tated, relating to special license plates for members of active reserve compo nents of the United States, and an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, including said Code section, so as to allow retired reservists to retain their special license plates.
SB 626. By Senators Crotts of the 17th, Guhl of the 45th, Balfour of the 9th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to provide for Firefighter Appreciation Day.

WEDNESDAY, FEBRUARY 7, 1996

601

SB 632. By Senators Clay of the 37th, Slotin of the 39th and Broun of the 46th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permit ted; to provide that the authority shall have the power to adopt reasonable ordinances.

SB 639. By Senators Crotts of the 17th, Land of the 16th, Oliver of the 42nd and others:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to district attor neys, so as to repeal certain provisions relative to the appointment of counsel upon an accusation or presentment against a district attorney.

HB 1253. By Representative Powell of the 23rd:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to repeal provisions relating to additional title fees for vehicles previously titled in other states.
The Senate has adopted by the requisite constitutional majority the following resolu tions of the Senate:

SR 384. By Senators Guhl of the 45th, Crotts of the 17th, Pollard of the 24th and others:
A resolution designating the Purple Heart Highway.

SR 385. By Senator Farrow of the 54th: A resolution designating the Brigadier General John R. Hullender Highway.

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

SB 368. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, known as the "Professional Counselors, Social Workers, and Mar riage and Family Therapists Licensing Law," so as to exempt certain persons who engage in the practice of professional counseling from the licensing and other requirements of said chapter; to repeal a certain definition.
Referred to the Committee on Health & Ecology.

SB 395. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
A bill to amend Code Section 30-5-4 of the Official Code of Georgia Anno tated, relating to reporting the need for protective services for disabled adults, so as to change which persons must make certain reports; to provide for reporting the need for protective services for elderly adults.
Referred to the Committee on Health & Ecology.

602

JOURNAL OF THE HOUSE,

SB 513. By Senators Thomas of the 10th and Oliver of the 42nd:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that shelters that are approved by the Department of Human Resources to receive state funds are not required also to be licensed by the Department of Human Resources.
Referred to the Committee on Appropriations.

SB 551. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for juvenile court orders for the successful completion of a substance abuse program; to change the standard for termination of parental rights.
Referred to the Committee on Health & Ecology.

SB 587. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to define certain terms; to authorize certain county correctional facilities to obtain certain information from inmates relating to medical insurance; to provide for the provision and payment of medical treatment for inmates; to provide that certain state and county cor rectional facilities may deduct from inmate accounts.
Referred to the Committee on State Institutions & Property.

SB 592. By Senators Perdue of the 18th, Thomas of the 10th, Johnson of the 1st 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 provide for the direct access of patients to services of an obstetrician or a gynecologist; to provide for disclo sures; to provide for legislative intent and findings; to provide for a defini tion.
Referred to the Committee on Insurance.

SB 605. By Senators Perdue of the 18th, Madden of the 47th, Langford of the 29th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty in general, so as to provide an additional aggravating circumstance which may be considered in sentenc ing in murder cases; to provide that such additional aggravating circum stances shall be the fact that the victim of the murder was a child under the age of 16 and the offense involved child abuse, sexual abuse, or sexual exploi tation of the victim.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 7, 1996

603

SB 608. By Senators Oliver of the 42nd, Scott of the 36th and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to provide for additional members; to provide for staggered terms of com mission members.
Referred to the Committee on Judiciary.

SB 609. By Senators Hill of the 4th, Kemp of the 3rd and Thomas of the 10th:
A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for assistance programs for crime vic tims, so as to provide that additional penalties imposed in criminal cases to provide such funding shall be imposed in all criminal and ordinance violation cases in all courts of the state and its political subdivisions.
Referred to the Committee on Appropriations.

SB 613. By Senators Marable of the 52nd, Middleton of the 50th, Dean of the 31st and others:
A bill to amend Code Section 20-2-101 of the Official Code of Georgia Anno tated, relating to appointment of school superintendents, so as to provide for appointments of school superintendents prior to the expiration of their con tracts or terms and provide for vacancies; to provide when certain notices and announcements regarding the employment of such superintendents are not required.
Referred to the Committee on Education.

SB 618. By Senators Clay of the 37th and Burton of the 5th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Anno tated, relating to special license plates for members of active reserve compo nents of the United States, and an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, including said Code section, so as to allow retired reservists to retain their special license plates.
Referred to the Committee on Motor Vehicles.

SB 626. By Senators Crotts of the 17th, Guhl of the 45th, Balfour of the 9th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to provide for Firefighter Appreciation Day.
Referred to the Committee on Public Safety.

SB 632. By Senators Clay of the 37th, Slotin of the 39th and Broun of the 46th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permit ted; to provide that the authority shall have the power to adopt reasonable ordinances.
Referred to the Committee on Industry.

604

JOURNAL OF THE HOUSE,

SB 639. By Senators Crotts of the 17th, Land of the 16th, Oliver of the 42nd and others:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to district attor neys, so as to repeal certain provisions relative to the appointment of counsel upon an accusation or presentment against a district attorney.
Referred to the Committee on Judiciary.

SB 668. By Senator Gillis of the 20th:
A bill to amend an Act creating the Board of Commissioners of Treutlen County, as amended, so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 384. By Senators Guhl of the 45th, Crotts of the 17th, Pollard of the 24th and others:
A resolution designating the Purple Heart Highway.
Referred to the Committee on Transportation.

SR 385. By Senator Farrow of the 54th: A resolution designating the Brigadier General John R. Hullender Highway.
Referred to the Committee on Transportation.

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

HB 1510.

By Representatives Benefield of the 96th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum lawful vehicle speed limits, so as to provide for an increase in the maximum limits.

Representative Connell of the 115th moved that debate on HB 1510 be limited to five minutes with the exception of the Committee Chairman and Presenter.
The motion prevailed.

The following Committee substitute was read:

A BILL
To amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum lawful vehicle speed limits, so as to provide for an increase in the maximum limits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum lawful vehicle speed limits, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

WEDNESDAY, FEBRUARY 7, 1996

605

"(b) No person shall drive a vehicle at a speed in excess of the following maximum lim its:
(1) Thirty miles per hour in any urban or residential district; (2) Sixty five Seventy miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which is are outside of an urbanized area of 50,000 population or more, provided that such speed limit is des ignated by appropriate signs; ad (3) Sixty-five miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs; (4) Sixty-five miles per hour on those sections of physically divided highways without full access control on the state highway system, provided that such speed limit is des ignated by appropriate signs; and (5) Fifty-five miles per hour in other locations."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Smith of the 175th moves to amend the Committee substitute to HB 1510 by striking line 3 of page 1 and inserting in lieu thereof the following:
"limits, so as to provide for changes in the maximum".
By striking line 15 of page 1 and inserting in lieu thereof the following:
"(2) Sixty-five Seventy miles per hour from one-half hour after sunrise until one-half hour before sunset on a highway on".
By striking line 19 of page 1 and inserting in lieu thereof the following:
"more, and 60 miles per hour at all other times on such highways, provided that such speed limit is limits are designated by".
By striking line 21 of page 1 and inserting in lieu thereof the following:
"(3) Sixty-five miles per hour from one-half hour after sunrise until one-half hour before sunset on a highway on the".
By striking lines 23 and 24 of page 1 and inserting in lieu thereof the following:
"urbanized area of 50,000 population or more, and 55 miles per hour at all other times on such a highway, provided that such speed limits are designated by appropriate".
By striking line 26 of page 1 and inserting in lieu thereof the following:
"(4) Sixty-five miles per hour from one-half hour after sunrise until one-half hour before sunset on those sections of".
By striking lines 28 and 29 of page 1 and inserting in lieu thereof the following:
"on the state highway system, and 55 miles per hour at all other times on such sections, provided that such speed limits are designated by appropriate signs; and".

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

N Alien N Anderaon
NAshe

N Bailey N Baker
Y Bannister

N Barfoot N Bargeron
N Barnard

N Barnes N Bates
N Benefield

N Birdsong N Bordeaux
N Bostick

606

JOURNAL OF THE HOUSE,

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

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

NKaye N Kinnamon N Klein YLadd NLakly NLane
Lawrence NLee Y Lewis
Lifsey NLord
Lucas N Maddox
NMann N Martin
N McBee McCall
N McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal Y Orrock N Parham N Parrish Y Parsons E Pelote
N Perry
N Pinholster
YPolak

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

On the adoption of the amendment, the ayes were 27, nays 133. The amendment was lost.

Y Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P
Stepbenson N Streat N Taylor
Teague N Teper N Thomas N Tillman N Titus N Towery N Trense
Turnquest NTwiggs N Walker, L N Walker, R.L NWall
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

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1510 as follows:
Page 1, after line 29, add:
(5) All 18 wheel trucks shall be limited to a maximum speed of 55 miles per hr on all Georgia roads.
- Renumber accordingly.

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

N Alien N Anderson
YAshe N Bailey N Baker N Bannister NBarfoot N Bargeron N Barnard N Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T

Y Brown, J N Brush NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
N Canty N Carter
Chambless
N Channell
Y Childers Y Coker N Coleman, B N Coleman, T N Connell Y Crawford

N Crews N Culbreth N Cummings
Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G
Dix E Dixon, H E Dixon, S N Dobbs N Ehrhart
NEpps N Evans Y Falls N Felton N Floyd

Godbee N Golden N Goodwin N Greene N Grindley N Hanner N Harbin N Harris N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland
Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson
N Jenkins N Johnson, G N Johnson, J Y Johnston N Jones N Joyce YKaye N Kinnamon Y Klein NLadd YLakly NLane Y Lawrence NLee N Lewis

WEDNESDAY, FEBRUARY 7, 1996

607

YLifsey NLord N Lucas Y Maddox NMann N Martin Y McBee NMcCaU Y McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal
Y Orrock N Paiham

N Pirrish N Persons E Pelote N Perry
Pinholster NPolak N Porter NPoston
Powell N Purcell, A N Purcell, B NRandall N Randolph
NRay N Reaves N Reichert
Y Roberts N Rogers

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

NSmyre N Snelling YSnow N Stailings N Stancil, F
N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague YTeper N Thomas N Tillman N Titus N Towery Y Trense

On the adoption of the amendment, the ayes were 32, nays 133. The amendment was lost.

N Turnquest NTwiggs N Walker, L N Walker, R.L N Wall
Watson N Watts N Westmorland N Whitaker N White
N Wiles Y Williams, B N Williams, J N Williams, R N Woods YYates
Murphy, Spkr

The following amendment was read:

Representative Hudson of the 156th moves to amend the Committee substitute to HB 1510 as follows:
(6) Any fines and forfeitures collected as a result of a case made in accordance with Sec tions (1) and (2) above shall be remitted by the appropriate unit of local government or the court in which the case is handled to the state within 60 days from the date on which the money is collected.

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

N Alien N Anderson
NAshe N Bailey N Baker N Bannister NBarfoot Y Bargeron N Barnard NBarnes N Bates
Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove N Brooks, D Y Brooks, T
N Brown, J N Brush
NBuck N Buckner
N Bunn Y Burkhalter
NByrd N Campbell N Canty N Carter N Chambless N Channell Y Childers N Colter N Coleman, B
Coleman, T N Connell N Crawford

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

N Irvin N James
Jamieson N Jenkins N Johnson, G Y Johnson, J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein YLadd YLakly NLane Y Lawrence NLee N Lewis N Lifsey NLord N Lucas N Maddox NMann Y Martin N McBee NMcCall N McClinton N McKinney N Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal Y Orrock N Parham

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

NSmyre N Snelling NSnow N Stailings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague YTeper N Thomas NTiUman N Titus N Towery NTrense N Tumquest NTwiggs
Walker, L N Walker, R.L N Wall
N Watson
N Watts
N Westmorland
N Whitaker
Y White
N Wiles
Y Williams, B
N Williams, J
N Williams, R
N Woods
NYates
Murphy, Spkr

608

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 27, nays 138. The amendment was lost.

The following amendment was read:

Representative Johnston of the 81st moves to amend the Committee substitute on HB 1510 as follows:
Add under Section l(b)
(6) If after 1 yr the death rate increases this bill shall be repealed.

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

N Alien N Anderson YAshe
N Bailey N Baker Y Bannister
NBarfoot Y Bargeron Y Barnard NBarnes N Bates N Benefleld N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J N Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless Y Channel! N Childers Y Coker Y Coleman, B N Coleman, T N Connell N Crawford

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

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

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

On the adoption of the amendment, the ayes were 51, nays 116. The amendment was lost.

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

The following amendments were read and adopted:

Representatives Dobbs of the 92nd and Channell of the lllth move to amend the Com mittee substitute to HB 1510 as follows:
By striking the word "seventy" on page 1, line 15 and inserting the word "sixty-five".

Representative Sauder of the 29th moves to amend the Committee substitute to HB 1510 as follows:

WEDNESDAY, FEBRUARY 7, 1996

609

Add item (5) to Section 1
In all cases the minimum speed limit on any highway on the federal interstate system shall not exceed a differential of 20 miles per hour difference between the maximum and minimum posted limit.

The following amendment was read:

Representatives Orrock of the 56th, Scoggins of the 24th and McBee of the 88th move to amend the Committee substitute to HB 1510 as follows:
On p 1, delete lines 26-29;
On p 1, line 30, renumber para "5" to "4".

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

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

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

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

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

On the adoption of the amendment, the ayes were 30, nays 133. The amendment was lost.

NSmyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor N Teague YTeper N Thomas N Tillman N Titus N Towery N Trense Y Turnquest NTwiggs N Walker, L Y Walker, R.L NWall N Watson
N Watts
N Westmoreland
N Whitaker
N White
N Wiles
N Williams, B
N Williams, J
N Williams, R
N Woods YYates
Murphy, Spkr

The following amendment was read:
Representative White of the 161st moves to amend the Committee substitute to HB 1510 as follows: On page 1, delete all language on lines 13 & 14 and substitute the following:
"City governing authorities shall maintain the authority to set speed limits of their respective urban or residential districts".

610

JOURNAL OF THE HOUSE,

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

N Alien
N Anderson Y Ashe
Bailey N Baker
Bannister NBarfoot N Bargeron N Barnard NBarnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown, J N Brush NBuck N Buckner YBunn N Burkhalter
NByrd Y Campbell N Canty N Carter Y Chambless N Channel! N Childers N Coker N Coleman, B N Coleman, T NConnell N Crawford

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

NIrvin Y James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston
N Jones Y Joyce
NKaye N Kinnamon Y Klein NLadd YLakly NLane
N Lawrence NLee N Lewis N Lifsey NLord
Lucas Y Maddox NMann N Martin NMcBee
McCall N McClinton N McKinney N Mills Y Mobley, B N Mobley, J Y Mosley Y Mueller N O'Neal YOrrock NParham

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

On the adoption of the amendment, the ayes were 46, nays 120. The amendment was lost.

The following amendment was read:

YSmyre N Snelling YSnow N Sellings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Street Y Taylor Y Teague YTeper N Thomas NTillman Y Titus Y Towery Y Trense Y Turnquest NTwiggs N Walker, L Y Walker, R.L N Wall N Watson
N Watts
Y Westmoreland
N Whitaker
Y White
N Wiles
N Williams, B
N Williams, J
N Williams, R
N Woods
Y Yates
Murphy, Spkr

Representative Johnston of the 81st moves to amend the Committee substitute to HB 1510 as follows:
Add under Section l(b) number (6)
No speed limits shall exceed 20% of the design limits of that roadway.

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

N Alien
N Anderson
N Ashe N Bailey N Baker
N Bannister NBarfoot Y Bargeron N Barnard NBarnes Y Bates
Benefield N Btrdsong Y Bordeaux

N Bostick N Breedlove
Brooks, D N Brooks, T
Y Brown, J N Brush NBuck
N Buckner YBunn N Burkhalter
NByrd N Campbell N Canty N Carter

N Chambless N Channell
Y Childers N Coker N Coleman, B N Coleman, T
N Connell N Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M NDay

N DeLoach, B N DeLoach, G
Dix E Dixon, H E Dixon, S N Dobbs NEhrhart NEpps N Evans Y Falls N Felton N Floyd N Godbee N Golden

N Goodwin N Greene
N Grindley Hanner
N Harbin N Harris
N Heard N Heckstall Y Hegstrom N Hembree N Henson Y Holland N Holmes N Howard

WEDNESDAY, FEBRUARY 7, 1996

611

N Hudson N Hugley N Irvin
N James N Jamieson
N Jenkins N Johnson, G N Johnson, J
YJohnston N Jones
N Joyce Y Kaye N Kinnamon N Klein N Ladd Y Lakly NLane N Lawrence NLee
N Lewis Y Lifsey N Lord

N Lucas Y Maddox N Mann
N Martin N McBee
McCall N McClinton N McKinney
N Mills Mobley, B
N Mobley, J N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons E Pelote
N Perry Y Pinholster N Polak

N Porter N Poston
Powell
N Purcell, A Y Purcell, B
N Randall N Randolph N Ray
N Reaves N Reichert
N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan
Shaw N Sherrill
Y Shipp Y Simpson N Sinkfleld

N Skipper Y Smith, C Y Smith, C.W
N Smith, L N Smith, P
N Smith, T N Smith, V N Smith, W
N Smyre N Snelling
N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
N Teague Y Teper N Thomas

On the adoption of the amendment, the ayes were 25, nays 140. The amendment was lost.

N Tillman N Titus N Towery
N Trense Turnquest
N Twiggs N Walker, L N Walker, R.L
N Wall N Watson
N Watts Y Westmoreland N Whitaker N White N wile$
Williams B N William,.' I N W U a^a'R v w~j
v . Y Yates
Murphy, Spkr

The following amendment was read:

Representatives Simpson of the 101st and Stallings of the 100th move to amend the Com mittee substitute to HB 1510 as follows:
Add a new subsection (c) as follows:
(c) The provisions of subsection (b) shall not apply to any of the roads of Carroll County. All roads of Carroll County shall have a maximum speed limit of 55 miles per hour, except for Interstate 20 which may have a maximum speed limit of 65 miles per hour.

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

N Alien
N Anderson N Ashe N Bailey
N Baker N Bannister N Barfoot
N Bargeron N Barnard
N Barnes N Bates N Benefleld N Birdsong N Bordeaux N Bostick N Breedlove N Brooks D N Brooks, T N Brown J N Brush N Buck
NBuckner Y Bunn N Burkhalter N Byrd N Campbell N Canty N Carter

N Chambless
N Channell N Childers N Coker
N Coleman, B N Coleman, T N Connell
N Crawford N Crews
N Culbreth N Cummings N Davis, G Y Davis, M N Day N DeLoach, B N DeLoach, G
Dix E Dixon, H E Dixon, S N Dobbs N Ehrhart
N Epps N Evans N Falls N Felton N Floyd N Godbee N Golden

N Goodwin
N Greene N Grindley N Hanner
N Harbin N Harris N Heard
N Heckstall N Hegstrom
N Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley N Irvin N James N Jamieson N Jenkins N Johnson, G
N Johnson, J N Johnston N Jones N Joyce N Kaye N Kinnamon N Klein

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

N Pinholster
N Polak N Porter N Poston
Powell N Purcell, A N Purcell, B
N Randall N Randolph
N Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins Y Shanahan
Shaw Y Shernll
N Shipp Y Simpson N Sinkfield N Skipper Y Smith, C N Smith, C.W N Smith, L

612

JOURNAL OF THE HOUSE,

N Smith, P Smith, T
N Smith, V
N Smith, W NSmyre N Snelling NSnow YStallings

N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson
N Streat N Taylor N Teague

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

N Walker, L N Walker, K.L N Wall N Watson N Watts N Westmorland N Whitaker N White

N Wiles Y Williams, B N Williams, J N Williams, B N Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 13, nays 157. The amendment was lost.

The following amendment was read:

Representative Wood of the 32nd moves to amend the Committee substitute to HB 1510 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:

"To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the point system for traffic offenses; to provide for an increase in the maximum speed".

By inserting immediately following line 6 on page 1 the following:

"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subparagraph (c)(l)(A) of Code Section 40-5-57, relating to the sus pension or revocation of license of habitually negligent of dangerous drivers, and inserting in lieu thereof the following:

'(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:

Reckless driving...........................................................................................

4 points

Unlawful passing of a school bus..............................................................

6 points

Improper passing on a hill or a curve......................................................

4 points

Exceeding the speed limit by more than 44 9 miles per hour but less than 49 14 miles per hour..................................................................

2 points

Exceeding the speed limit by 49 14 miles per hour or more but less than 34 19 miles per hour..........................................................................

3 points

Exceeding the speed limit by 24 19 miles per hour or more but less than 34 29 miles per hour..........................................................................

4 points

Exceeding the speed limit by 34 29 miles per hour or more................

6 points

Disobedience of any traffic-control device or traffic officer.................

3 points

Too fast for conditions...............................................................................

0 points

Possessing an open container of an alcoholic beverage while driving. 2 points

Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident 2 points

All other moving traffic violations which are not speed limit viola tions...............................................................................................................

3 points'

SECTION 2.

Said title is further amended by striking in its entirety subsection (b) of.

WEDNESDAY, FEBRUARY 7, 1996

613

By striking line 9 on page 1 and inserting in lieu thereof the following: "and inserting in lieu". By redesignating Section 2 as Section 3.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

Crews N Culbreth N Cummings N Davis, G Y Davis, M
NDay N DeLoach, B N DeLoach, G
Dix E Dixon, H E Dixon, S N Dobbs NEhrhart NEpps N Evans Y Falls N Felton N Floyd N Godbee N Golden NGoodwin N Greene Y Grindley N Manner N Harbin N Harris N Heard N Heckstall Y 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
Jones Y Joyce YKaye N Kinnamon Y Klein NLadd Y Lakly NLane Y Lawrence NLee N Lewis N Lifsey NLord N Lucas Y Maddox NMann
Martin
N McBee N McCall
McClinton N McKinney
N Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal
Y Orrock N Parham

N Parrish N Parsons E Pelote N Perry
Pinholster N Polak N Porter N 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 N Sauder Y Scoggins N Shanahan
Shaw N Sherrill
N Shipp Y 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

On the adoption of the amendment, the ayes were 29, nays 137. The amendment was lost.

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

The following amendment was read:

Representatives Childers of the 13th and Perry of the llth move to amend the Committee substitute to HB 1510 as follows:
By adding a new section to read:
"All fines collected for the violation of traffic offenses on the interstate system shall be returned to the county of the offender if the offender lives within the state".

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

N Alien N Anderson N Ashe N Bailey

N Baker Y Bannister
NBarfoot N Bargeron

Y Barnard N Barnes Y Bates N Benefield

N Birdsong Y Bordeaux N Bostick
Y Breedlove

N Brooks, D N Brooks, T
N Brown, J N Brush

614

JOURNAL OF THE HOUSE,

NBuck N Buckner
YBunn N Burkhalter YByrd N Campbell
Y Canty N Carter N Chambless N Channel! Y Childers N Coker N Coleman, B Y Coleman, T N Connell Y Crawford N Crews N Culbreth
Y Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G
Dix E Dixon, H
E Dixon, S N Dobbs NEhrhart NEpps N Evans Y Falls

N Felton N Floyd NGodbee N Golden N Goodwin N Greene N Grindley N Hanner N Harbin N Harris Y Heard N Heckstall N Hegstrom N Hembree N Henson
N Holland N Holmes N Howard
Hudson
N Hugley N Irvin N James Y Jamieson N Jenkins N Johnson, G N Johnson,J N Johnston
Jones Y Joyce YKaye N Kinnamon N Klein

YLadd Y Lakly NLane N Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin Y McBee Y McCall
McClinton N McKinney N Mills N Mobley, B
N Mobley, J Y Mosley Y Mueller N O'Neal N Orrock NParham N Parrish N Parsons E Pelote Y Perry N Pinholster N Polak Y Porter N Poston

Powell N Purcell, A
N Purcell, B NRandall
N Randolph NRay N Reaves N Reichert Y Roberts N Rogers N Royal
N Sanders N Sauder N Scoggina N Shanahan
Shaw N Sherrill
N Shipp Y Simpson N Sinkfield N Skipper N Smith, C
N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W NSmyre N Snelling Y Snow N Stallings

On the adoption of the amendment, the ayes were 38, nays 130. The amendment was lost.

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

The following amendment was read and adopted:

Representatives Purcell of the 9th and Twiggs of the 8th move to amend the Committee substitute to HB 1510 by striking line 3 of page 1 and inserting in lieu thereof the follow ing:
"limits, so as to change certain provisions relating to maximum".
By inserting between lines 14 and 15 of page 1 the following:
"(1.1) Thirty-five miles per hour on an unpaved county road unless designated other wise by appropriate signs;".

Representative Coleman of the 142nd 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:

Y Alien
Y Anderson NAshe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard Y Barnes N Bates Y Benefield
Y Birdsong N Bordeaux N Bostick

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner NBunn Y Burkhalter YByrd N Campbell Y Canty Y Carter Y Chambless N Channell

N Childers N Coker Y Coleman, B Y Coleman, T Y Connell N Crawford Y Crews N Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix

B Dixon, H E Dixon, S N Dobbs Y Ehrhart YEpps Y Evans Y Falls N Felton Y Floyd Y Godbee N Golden Y Goodwin N Greene Y Grindley N Hanner

N Harbin Y Harris N Heard Y Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard Y Hudson
N Hugley N Irvin Y James
Y Jamieson

WEDNESDAY, FEBRUARY 7, 1996

615

N Jenkins Y Johnson, G Y Johnson, J
N Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein
YLadd YLakly YLane N Lawrence YLee N Lewis NLifsey
NLord Y Lucas Y Maddox YMann N Martin

N McBee NMcCall Y McClinton
McKinney N Mills N Mobley, B Y Mobley, J
Y Mosley Y Mueller N O'Neal N Orrock YParham Y Parrish Y Parsons E Pelote N Perry N Pinholster NPolak Y Porter N Poston
Powell

Y Purcell, A N Purcell, B YRandall N Randolph
YRay Y Reaves N Reichert Y Roberts N Rogers
Royal Y Sanders Y Sauder N Scoggins N Shanahan
Shaw N Sherrill YShipp N Simpson Y Sinkfield N Skipper N Smith, C

On the motion, the ayes were 97, nays 91.

The motion prevailed.

N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W N Smyre Y Sneiling YSnow N Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson
Y Streat N Taylor
Y Teague N Teper N Thomas Y Tillman

Titus N Towery NTrense
Turnquest NTwiggs Y Walker, L N Walker, R.L YWall
N Watson
N Watts
Y Westmorland
Y Whitaker
Y White
Y Wiles
N Williams, B
Y Williams, J
Y Williams, R
Y Woods
YYates Murphy, Spkr

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

N Alien N Andereon Y Ashe N Bailey Y Baker Y Bannister N Barfoot Y Bargeron
Y Barnard NBarnes Y Bates N Benefield
N Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D N Brooks, T N Brown, J N Brush NBuck N Buckner YBunn N Burkhalter
NByrd Y Campbell N Canty N Carter N Chambless Y Channel! Y Childers Y Coker N Coleman, B N Coleman, T N Connell Y Crawford

N Crews N Culbreth N Cummings N Davis, G Y Davis, M
NDay N DeLoach, B N DeLoach, G
Dix E Dixon, H E Dixon, S Y Dobbs NEhrhart NEpps N Evans N Falls N Felton N Floyd YGodbee Y Golden N Goodwin Y Greene N Grindley Y Hanner Y Harbin N Harris Y Heard N Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes N Howard
N Hudson Y Hugley

Ylrvin N James N Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly NLane Y Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas N Maddox NMann Y Martin Y McBee
McCall Y McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley Y Mueller Y O'Neal Y Orrock NParham

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

On the re-adoption of the amendment, the ayes were 75, nays 95.

The amendment was lost.

YSmyre N Snelling NSnow Y Stallings Y Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephenson N Streat Y Taylor N Teague Y Teper N Thomas NTillman Y Titus Y Towery NTrense
Turnquest YTwiggs N Walker, L Y Walker, R.L NWall
Y Watson
Y Watts N Westmorland
Y Whitaker
N White
N Wiles
Y Williams, B N Williams, J
N Williams, R
N Woods
YYates Murphy, Spkr

Representative Holland of the 157th moved that the House reconsider its action in adopting the Purcell amendment.

616

JOURNAL OF THE HOUSE,

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

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

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

NIrvin Y James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J N Johnston
Jones Y Joyce YKaye Y Kinnamon N Klein
NLadd YLakly
NLane N Lawrence NLee Y Lewis Y Lifsey NLord Y Lucas N Maddox NMann Y Martin N McBee NMcCall N McClinton N McKinney N Mills
N Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal
N Orrock NParham

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

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

NSmyre Y Snelling NSnow NStaUings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson Y Streat N Taylor N Teague Y Teper N Thomas Y Tillman N Titus Y Towery Y Trense N Turnquest NTwiggs N Walker, L N Walker, R.L NWall
N Watson
Watts Y Westmoreland
N Whitaker
Y White
Y Wiles
N Williams, B
N 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 Alien Y Andersen
NAshe Y Bailey Y Baker N Bannister Y Barfoot N Bargeron Y Barnard Y Barnes N Bates Y Benefield N Birdsong N Bordeaux N Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, J Y Brush
YBuck

Y Buckner NBunn Y Burkhalter YByrd N Campbell Y Canty Y Carter Y Chambless N Channell N Childers N Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth N Cummings Y Davis, G N Davis, M YDay

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

Y Heckstall N Hegstrom Y Hembree Y Henson
N Holland N Holmes Y Howard Y Hudson N Hugley Y Irvin Y James
N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce
YKaye N Kinnamon Y Klein

YLadd NLakly YLane Y Lawrence
YLee N Lewis N Lifsey NLord
Y Lucas N Maddox YMann Y Martin N McBee
N McCall N McClinton Y McKinney N Mills Y Mobley, B
N Mobley, J N Mosley Y Mueller

WEDNESDAY, FEBRUARY 7, 1996

617

N O'Neal
N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Perry N Pinholster N Polak Y Porter YPoston N Powell N Purcell, A N Purcell, B YRandall

Y Randolph YRay Y Reaves N Reichert N Roberts N Rogers N Royal N Sanders Y Sauder N Scoggins N Shanahan
Shaw N Sherrill
Y Shipp N Simpson

Y Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W N Smyre Y Snelling N Snow N Stalling.? N Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P N Stephenson Y Streat N Taylor Y Teague N Teper N Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Walker, L

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

On the passage of the Bill, by substitute, as amended, the ayes were 97, nays 76.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1510 was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

618

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 962. By Representatives Golden of the 177th, Shaw of the 176th, Reaves of the 178th, Bates of the 179th, Barfoot of the 155th and others:
A resolution acknowledging the contributions of Senior Georgians and estab lishing the week of February 20-22, 1996, as Senior Week at the Capitol.

HR 963. By Representative Davis of the 48th: A resolution commending Mrs. Dora McCoy Miles.

HR 964. By Representative Childers of the 13th:
A resolution recognizing the contributions of the physical therapy profession in Georgia.

HR 965. By Representative Evans of the 28th: A resolution commending Miss Julie Slaton.

HR 966. By Representative Ashe of the 46th: A resolution honoring Terry A. Moshier.

HR 967. By Representative Byrd of the 170th: A resolution commending Dr. James Andrew Bedingfield, Sr.

HR 968. By Representatives Stallings of the 100th and Simpson of the 101st:
A resolution to designate Saturday, May 11, 1996, as "American Indian Day" in Georgia.

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

HB 1241.

By Representatives Mobley of the 86th, Cummings of the 27th, Golden of the 177th, Johnson of the 84th and Stallings of the 100th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to exempt from sales and use taxes the sale of tangible personal property and services to a nonprofit licensed in-patient hospice under certain conditions.

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

WEDNESDAY, FEBRUARY 7, 1996

619

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

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

Y Irvin James Jamieson Jenkins Johnson, G Johnson, J
Y Johnston Jones
Y Joyce Kaye
Y Kinnamon Klein
YLadd YLakly
Lane Y Lawrence
Lee Y Lewis Y Lifsey
Lord Lucas Y Maddox YMann Martin Y McBee McCall McClinton McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock Parham

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

On the passage of the Bill, the ayes were 97, nays 0. The Bill, having received the requisite constitutional majority, was

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

HB 1341.

By Representative Greene of the 158th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to the duties and powers of courts, judicial officers, and arresting officers in counties which are members of a regional jail 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 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 522. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Heckstall of the 55th, Bunn of the 74th and others:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Anno tated, relating to license plates for veterans who survived the attack on Pearl Harbor, so as to repeal certain provisions relating to additional annual regis tration fees required for the issuance of such special license plates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0.

620

JOURNAL OF THE HOUSE,

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

HB 1154.

By Representatives Kinnamon of the 4th, Perry of the llth, Childers of the 13th and Mosley of the 171st:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to the provision of medical services to inmates.

The following Committee substitute was read and adopted:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions, so as to change the provisions relating to the provision of medical services to inmates; to change certain definitions; to provide additional definitions; to provide that an inmate who is provided medical care and who is not eligible for health insurance benefits shall be liable for the costs of medical care provided the inmate; to provide that the assets and property of the inmate may be subject to levy and execution under court order to sat isfy the costs of such medical care provided; to require an inmate to cooperate with a gov erning authority or be subject to certain sanctions; to authorize certain civil actions; to provide for the issuance of ex parte restraining orders to restrain defendants from dispos ing of property pending a hearing on the issues; to authorize the appointment of receivers for property; to require a court to consider the support obligations of the defendant inmate; to authorize the court to enter a money judgement against a defendant and to order that the defendant's property is liable for reimbursement for the cost of medical care provided to the defendant as an inmate; to change the provisions relating to deductions of costs from an inmate's account for medical treatment requested by the inmate; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking in its entirety Code Section 42-4-50, relating to definitions applicable to medical services for inmates in local detention facilities, and inserting in lieu thereof a new Code Section 42-4-50 to read as follows:
"42-4-50.
W As used in this article, the term: (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. (2) 'Governing authority' means the governing authority of the county or municipality in which the detention facility is located. {2}{3) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense; aae; whe is insured tmde* existing individual health insurance, group health insurance,
4 eV Title 49; the 'Georgia Medical Assistance Act ef 1077.' Such term does not include any sentenced inmate who is the responsibility of the State Department of Corrections. (4) 'Medical care' includes medical attention, dental care, and medicine and necessary and associated costs such as transportation, guards, room, and board. {3}(5J 'Officer in charge' means the sheriff, if the detention facility is under his or her supervision, or the warden, captain, or superintendent having the supervision of any other detention facility."

WEDNESDAY, FEBRUARY 7, 1996

621

SECTION 2. Said title is further amended by striking in its entirety Code Section 42-4-51, relating to information as to inmate's health insurance or eligibility for benefits, and inserting in lieu thereof a new Code Section 42-4-51 to read as follows:
"42-4-51.
(a) The officer in charge or his or her designee may require an inmate to furnish the following information:
(1) The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured; (2) The eligibility for benefits to which the inmate is entitled under Article 7 of Chap ter 4 of Title 49, the "Georgia Medical Assistance Act of 1977; (3) The name and address of the third-party payor; and (4) The policy or other identifying number. (b) The officer in charge will provide a sick, injured, or disabled inmate access to medi cal services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical service rendered. (c) The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or his or her carrier through coverage or benefits described under paragraph (1) of subsection (a) of this Code section. (d) If an inmate is not eligible for such health insurance benefits, then the inmate shall be liable for the costs of such medical care provided to the inmate and the assets and property of such inmate may be subject to levy and execution under court order to sat isfy such costs. An inmate in a detention facility shall cooperate with the governing authority in seeking reimbursement under this article for medical care expenses incurred by the governing authority for that inmate. An inmate who willfully refuses to cooperate as provided in this Code section shall not receive or be eligible to receive any good-time allowance or other reduction of time to be served. (e)(l) An attorney for a governing authority may file a civil action to seek reimburse ment from an inmate for the costs of medical care provided to such inmate while incarcerated. (2) A civil action brought under this article shall be instituted in the name of the gov erning authority and shall state the date and place of sentence, the medical care pro vided to such inmate, and the amount or amounts due to the governing authority pursuant to this Code section. (3) If necessary to protect the governing authority's right to obtain reimbursement under this .article against the disposition of known property, the governing authority may seek issuance of an ex parte restraining order to restrain the defendant from dis posing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the governing authority for the costs of medical care provided to the defendant as an inmate. (4) To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver. (f) Before entering any order on behalf of the governing authority against the defend ant, the court shall take into consideration any legal obligation of the defendant to sup port a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support. (g) The court may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for the costs of medical care pro vided to the defendant as an inmate. (h) The sentencing judge and the sheriff of any county in which a prisoner's property is located shall furnish to the attorney for the governing authority all information and assistance possible to enable the attorney to secure reimbursement for the authority under this article, (i) The reimbursements secured under this article shall be credited to the general fund of the governing authority to be available for general fund purposes. The treasurer of such governing authority may determine the amount due the governing authority under

622

JOURNAL OF THE HOUSE,

this article and render sworn statements thereof. These sworn statements shall be con sidered prima-facie evidence of the amount due."
SECTION 3. Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 42-4-71, relating to deductions of costs from inmate's account for destruction of property or for certain medical treatment, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that such deduction from money credited to the account of an inmate shall not exceed $5.00 for each such occurrence of treatment received by the inmate at the inmate's request; provided, further, that if the balance in an inmate's account is $10.00 or less, such fee shall not be charged-^ provided, however, that in the event that the costs of medical treatment of an inmate have been collected from said inmate pursuant to Code Section 42-4-51, there shall be no deductions from money credited to the account of an inmate under the provisions of this paragraph for the cost of such medi cal treatment."
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 98, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tem assumed the Chair.

HB 1266.

By Representative Campbell of the 42nd:
A bill to amend Code Section 43-17-3 of the Official Code of Georgia Anno tated, relating to registration of paid solicitors, so as to change certain requirements relating to the filing of a certified financial statement; to pro vide for a written accounting to the Secretary of State; to provide for infor mation contained in such accounting.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 88, nays 2.
The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Campbell of the 42nd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1266.

HB 555. By Representatives Jamieson of the 22nd and Barnes of the 33rd:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Anno tated, relating to the Secretary of State, so as to provide for the licensure and regulation of professional employer organizations; to provide for a short title; to provide for definitions.

WEDNESDAY, FEBRUARY 7, 1996

623

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to provide for the licensure and regulation of professional employer organizations; to provide for a short title; to provide for definitions; to provide for applicability of Chapter 8 of Title 34, the "Employment Security Law"; to provide for powers, duties, and authority of the Secretary of State and the Business Service and Regu lation Division of the Office of Secretary of State; to provide for the issuance, denial, sus pension, or revocation of licenses; to provide for reciprocity; to provide for the sale of professional employer organization services; to provide for working capital requirements; to provide for the status of professional organization services as employers and the applicabil ity of certain laws and requirements; to provide for construction of contracts with respect to insurance, bonding, and liability; to provide for insurance, bonding, and liability with respect to licensees and clients; to provide that certain activities shall not constitute the sale of insurance; to provide for certificates of authority; to provide for penalties and enforcement; to provide for inspections; to provide for related matters; to provide an effec tive date and conditions relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by adding a new article at the end thereof, to be designated Article 6, to read as follows:
"ARTICLE 6
45-13-90. This article shall be known and may be cited as the 'Georgia Professional Employer Organization Act.'
45-13-91. As used in this article, the term:
(1) 'Applicant' means a person seeking to be licensed under this article. (2) 'Client' means a person who obtains all or part of its work force from another per son through a professional employer arrangement. (3) 'Division* means the Business Service and Regulation Division of the Office of Secretary of State. (4) 'Licensee' means a person licensed as a professional employer organization. (5) 'Managed services' means those services provided by an organization that supplies employees to staff and manage a specific client facility, function, or functions on an ongoing basis. Managed services providers are the sole employers of the employees supplied. (6) 'Person' means an individual, association, company, firm, partnership, or corpora tion. (7) 'Professional employer arrangement' means an arrangement, under contract or otherwise, whereby:
(A) A licensee assigns employees to perform services for a client; (B) The arrangement is intended to be long term rather than temporary in nature; (C) Employer responsibilities may be allocated by the licensee and the client as defined by written contract between the parties; (D) For the purposes of this article, a professional employer arrangement shall not include:
(i) Licensee management responsibility or accountability for the client worksite in regard to results or output;

624

JOURNAL OF THE HOUSE,

(ii) Arrangements wherein a person, whose principal business activity is not entering into professional employer arrangements, shares employees with a com monly owned company within the meaning of Section 414(b) and (c) of the Inter nal Revenue Code, as amended; (iii) Managed services, also known as 'facilities management' or 'outsourcing,' including arrangements commonly referred to as captive staffing arrangements; (iv) Labor unions, as defined by the National Labor Relations Act; (v) Any political subdivision of this state, the United States, and any programs or agencies thereof; or (vi) Any temporary help contracting firm or employee leasing company. (8) 'Professional employer organization', also known as an employee leasing company, means an independently established business entity which enters into a professional employer arrangement with any other employing unit under the following conditions: (A) Negotiates with clients or customers for such matters as time, place, type of work, and working conditions; (B) Determines assignments of individuals to its clients or customers, even if the individuals retain the right to refuse specific assignments; (C) Sets the rate of pay of the individuals, whether or not through negotiation; (D) Pays the individuals from its accounts; (E) Hires and terminates individuals who perform services for the clients or cus tomers; and (F) Employs the majority of the client's workforce.
45-13-92. (a) Individuals performing services for a professional employer organization shall be considered employees of the professional employer organization. The professional employer organization shall, in accordance with Chapter 8 of Title 34, the 'Employment Security Law,' file required reports in accordance with the regulations prescribed by the Commissioner of Labor and pay contributions on wages paid to such employees in accordance with Chapter 8 of Title 34, the 'Employment Security Law.' (b) Individuals who perform services for temporary help contracting firms as that term is defined in Code Section 34-8-46 shall not be considered employees of a professional employer organization.
45-13-93. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate as a professional employer organization without first obtain ing a license from the division. A license issued under this article is not assignable or transferable.
45-13-94. (a) The division is authorized to issue, deny, suspend, or revoke licenses, temporary or otherwise, and to take other necessary disciplinary actions against licensees. (b) The division 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 Secretary of State. 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 division. (c) The Secretary of State is authorized to promulgate rules and regulations to imple ment this article.
45-13-95. The Secretary of State may issue a restricted license to a professional employer organi zation resident or domiciled in another state that has de minimis operations within this state.
45-13-96.

WEDNESDAY, FEBRUARY 7, 1996

625

The Secretary of State may license by reciprocity, as a nonresident professional employer organization, an applicant which is licensed as a professional employer organi zation in another state and which is otherwise qualified to be licensed under this article except as to residence or domicile, if under the laws of the state of the applicant's resi dence or domicile, a similar reciprocity privilege is granted to persons resident or domi ciled and licensed in this state under this article.
45-13-97. Any individual selling professional employer organization services shall be an employee of the licensee or shall enter into a written agreement with the licensee to sell its ser vices. The licensee shall be responsible for the actions of any such person selling on its behalf to the same extent as if that person were an employee.
45-13-98. The applicant shall demonstrate for the Secretary of State a positive working capital and such positive working capital shall be maintained as determined in accordance with generally accepted accounting principles consistently applied.
45-13-99. (a) A licensed professional employer organization is the employer for the purposes of workers' compensation insurance and state unemployment insurance and for the spon soring and maintaining of employee benefit and welfare plans for its employees. Such plans, if limited to the employees of the licensee, shall not be deemed to be multiple employer welfare arrangements within the meaning of applicable law. Nothing in this Code section shall restrict the client from sponsoring or maintaining employee benefit and welfare plans or statutory workers' compensation coverage for those employees assigned to the client. (b) Subject to any contrary provisions of the contract between the client and the licensee, for purposes of insurance, bonding, and employer's liability, employees covered by a workers' compensation policy of the licensee shall not be considered 'subcontract' labor for purposes of the contract language of contracts bid by or business received by the recipient client from either the private or government sector. (c) Nothing in this article exempts a client of a professional employer organization or an employee supplied to a client by a professional employer organization from any other state, local, or federal license or registration requirement. Any individual who must be licensed, registered, or certified according to law and who is an employee is deemed an employee of the client for purposes of the license, registration, or certification.
45-13-100. All licensees and clients of licensees shall be entitled to obtain professional liability insurance, general liability insurance, fidelity bonds, surety bonds, employer's liability insurance, liquor liability insurance, and owned and nonowned vehicle insurance from any insurers writing such coverage in this state as though the employees were employees of the client.
45-13-101. The sale of professional employer organization services in conformance with this article shall not constitute the sale of insurance within the meaning of this title.
45-13-102. Any insurer providing coverage for a professional employer organization shall have a cer tificate of authority from the Department of Insurance to transact business in this state.
45-13-103. (a) Any person who engages in the business of or acts as a professional employer organi zation without first procuring a license or fails to file an application for a license or oth erwise intentionally violates the provisions of this article or any rules and regulations promulgated by the Secretary of State pursuant to this article shall be subject to fines not to exceed three times the amount of all fees and charges required or incident to

626

JOURNAL OF THE HOUSE,

application and licensing under this article plus all charges and costs of application and licensing if such person is not already licensed. (b) In addition to any penalties described in this article, the Secretary of State is autho rized to enjoin or restrain, by bringing an action in the superior court of any appropriate jurisdiction within this state, any person who engages in the business of or acts as a pro fessional employer organization without having first procured a license to so engage or act.
45-13-104. Each professional employer organization for which a license has been issued shall be inspected by the division periodically; provided, however, that the division may exempt a licensee from inspections if it is certified or accredited by a certification or accredita tion entity recognized and approved by the division. A licensee seeking exemption from inspection shall be required to submit to the division documentation of certification or accreditation including a copy of its most recent certification or accreditation report."
SECTION 2. This Act shall become effective only when funds are specifically appropriated for the pur poses of this Act in an appropriations Act making specific reference to this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The 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:

Alien Anderson YAshe V Bailey Y Baker Bannister YBarfoot Bargeron Y Barnard Y Barnes Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Breedlove Y Brooks, D Y Brooks, T
Y Brown, J N Brush
Buck Y Buckner
Bunn
Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell Y Crawford

Crews Culbreth Cummings
Y Davis, G Davis, M
YDay DeLoach, B
Y DeLoach, G YDix E Dixon, H E Dixon, S Y Dobbs
Ehrhart YEpps N Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Heard
Y Heckstall Y Hegstrom
Y Hembree 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 N Joyce
Kaye Y Kinnamon Y Klein YLadd
Lakly YLane Y Lawrence YLee N Lewis Y Lifsey YLord
Lucas Maddox
Mann Y Martin
McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock YParham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster YPolak
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 N Sanders Y Sauder
Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smith, W

YSmyre Snelling
YSnow Y Stallings Y Standl, F Y Standl, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor NTeague YTeper
Thomas YTillman Y Titus
Towery YTrense Y Turnquest YTwiggs Y Walker, L
Walker, R.L Y Wall
Y Watson
Watts Y Westmoreland
Y Whitaker
White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Woods
YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 128, nays 6.

WEDNESDAY, FEBRUARY 7, 1996

627

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

By unanimous consent, HB 555 was ordered immediately transmitted to the Senate.

HB 1364.

By Representatives Polak of the 67th, McClinton of the 68th and Mobley of the 69th:
A bill to amend Code Section 48-5-23 of the Official Code of Georgia Anno tated, relating to collection and payment of taxes on tangible property in installments, so as to change the time when certain taxes become due and payable.

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 general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding the collection and payment of taxes on tangible property in installments; to change the time when certain taxes become due and payable; to provide for procedures and conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by striking Code Section 48-5-23, relating to collection and payment of taxes on tangible property in installments, and inserting in its place a new Code Section 48-5-23 to read as follows:
"48-5-23.
(a)(l) The governing authority of each county and of each municipal corporation is authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments. If the governing authority of any county or municipal corporation elects to provide for installment payments, any ad valorem taxes due the state, county, and county board of education or the municipality and any municipal board of education which are levied upon tangible property other than motor vehicles shall become due and payable e September i and December 36 of- each calendar yea* as provided in this Code section. (2) The resolution or ordinance required pursuant to this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. Any governing authority of a county or municipal corporation electing to collect taxes in installments shall file with the commissioner a certified copy of the appropriate resolution or ordinance within ten days of its adoption. The resolution or ordinance shall continue in full force and effect in all subsequent tax years unless repealed by the governing authority of the respec tive county or municipal corporation, in which case the governing authority shall notify the commissioner of the repeal within ten days after such action is taken. (b)(l) Notwithstanding that the governing authority of any county or municipal cor poration, pursuant to this Code section, provides for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments based on the fraction of taxes levied on the property for the preceding tax year, the governing authority of any county or municipal corporation is further authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments with

628

JOURNAL OF THE HOUSE,

a single billing for the current tax year based on the current final tax digest as approved authorized by the commissioner pursuant to Code Section 48-5-345, or on a temporary digest authorized by the judge of superior court pursuant to Code Section 48-5-310. The resolution or ordinance required by this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. The resolution or ordinance shall be filed with the commissioner and shall continue in full force and effect as provided in subsection (a) of this Code section. Notification of the repeal of the resolution or ordinance shall be made as provided in subsection (a) of this Code section. (2) Those taxes payable in installments and based on the current final tax digest as provided in this subsection shall be billed on July 1 or as soon as practical after the commissioner has issued an order authorizing the use of said digest for the collection of taxes or the issuance of an order from a judge of superior court for the temporary collection of taxes, whichever date is later. The first installment on such taxes shall be one-half of the entire amount due for the year and shall become due 60 days from the date of billing. The second installment on the taxes shall be one-half of the entire amount due for the year and shall become due on December 20. A Each installment shall become delinquent on the day following its due date and, upon becoming delin quent, shall be subject to a penalty of 5 percent. That part of the entire amount of a tax bill due which is unpaid after December 20 shall be subject to interest at the rate specified in Code Section 48-2-40 from December 21 until paid. Subacction Para graph (3) of subsection (e) of this Code section, relating to penalty and interest, shall not apply to installment payments authorized by this subsection. (c) For the purposes of subsection (a) of this Code section, taxes due and payable in installments on tangible property shall be as follows: (1) One-half of the taxes levied on the property for the preceding tax year shall be due and payable at the time ef- specified in the resolution or ordinance for the first instfliiniGiit tnd trie rcwifliniTi tsxcs sfiftH i&c due ctnd pftyftoic 4rt tiic *i'in& of tus iinfli installment; and (2) Thoac The remaining taxes k*e shall be due and payable on the final installment, which shall fee net later than become due on December 20 of each year or 60 days from the date of billing, whichever comes later, shall be the total taxes due on the property for the current year after credit has been given for tax payments made in accordance with paragraph (1) of this subsection. (d) Nothing contained in this Code section shall be construed to impose any liability for the payment of any ad valorem taxes upon any person for property which was not owned on January 1 of the applicable tax year. (e)(l) This Code section shall apply to all persons required by law to make annual tax returns of all their property in this state to the commissioner.
(2) The governing authority of each county and of each municipal corporation is authorized to collect taxes in accordance with the installment provisions of subsection {a} (c) of this Code section even though no assessment has been placed on the subject tangible property for the tax year for which the installments are being collected.
(3) Taxes not paid when due under any installment authorized pursuant to this Code section shall bear interest at the rate provided by law for unpaid ad valorem taxes from the due date of any such installment. Any taxes not paid in full by December 20 or 60 days from the date of billing, whichever comes later, of any year shall be sub ject to the penalties and interest provided by law.
(f) The governing authority of each county may, pursuant to Code Section 48-5-150, provide for an earlier due date for the final installment authorized by this Code section. When the governing authority elects to establish an earlier due date, the final install ment shall bear interest at the rate specified in Code Section 48-5-40 from the earlier date so established."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, FEBRUARY 7, 1996

629

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 Alien Y Anderson YAshe
Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes Y Bates
Benefield Birdsong Y Bordeaux Y Bostick Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck 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 Y Crawford

Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G
Dix E Dixon, H E Dixon, S
Dobbs 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 Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James
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
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 YParham

Y Parrish Y Parsons E Pelote Y Perry Y Pinholster Y Polak
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
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 E Smith, V Y Smith, W

Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F
Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L
Walker, R.L Y Wall
Y 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 passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1203.

By Representative Irvin of the 45th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, known as "The Zoning Procedures Act," so as to provide for a mini mum time period for presentation at hearings on proposed zoning decisions.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Act," so as to provide for a minimum time period for presenta tion at hearings on proposed zoning decisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

630

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Law," is amended by striking in its entirety subsection (a) of Code Section 36-66-5, relating to hearing policies and procedures and standards for exercise of zoning power, and inserting in lieu thereof the following:
"(a) Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such poli cies and procedures shall be available for distribution to the general public. Such poli cies and procedures shall specify a minimum time period at hearings on proposed zoning decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each pro posed zoning decision, such minimum time period to be no less than ten minutes per side."
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 Alien Y Anderson
Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong
Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T
Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel!
Childers Y Coker Y Coleman, B Y Coleman, T
Connell
Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDk E Dkon, H E Dixon, S Y Dobbs
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 Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hugley

Y Irvin
Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
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
E Pelote Y Perry
Pinholster
Y Polak Y Porter
Poston Y Powell
Purcell, A
Purcell, B Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder
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 E Smith, V Y Smith, W

Y Smyre Y Snelling YSnow Y Stallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson
Watts
Y Westmoreland
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, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

WEDNESDAY, FEBRUARY 7, 1996

631

SB 262. By Senator Oliver of the 42nd:
A hill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the facilities in which services may be rendered to repay certain loans or scholarships.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1291.

By Representatives Lane of the 146th, Kinnamon of the 4th, Lewis of the 14th, Martin of the 47th, 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 refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability compa nies to opt out of coverage.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide refinements in the definition of "injury" and "per sonal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability companies to opt out of coverage; to strike the requirement of board approval of safety rules; to modify the method of payment of penalties and fines; to require board certification of voluntary rehabilitation suppliers; to modify the proce dures for guardianship; to coordinate the payment of benefits under Chapter 8 of Title 34, the "Employment Security Law"; to increase the maximum amount of weekly temporary total disability benefits; to specify the use of guidelines in determining impairment ratings; to strike the requirement for reporting hazardous occupations and occupational diseases; to allow the assessment of attorneys' fees against the Subsequent Injury Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, is amended by striking paragraphs (4) and (5) of Code Section 34-9-1, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Injury' or 'personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, 'injury' and 'personal injury' shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condi tion shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. 'Injury' and 'personal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis

632

JOURNAL OF THE HOUSE,

unless it is shown by a preponderance of competent and credible evidence that any of such conditions were attributable to the performance of the usual work of employment2 and only if such conditions are deemed by a physician to be related to the work of employment at the time the condition occurs. Alcoholism and disabilities attributa ble thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment. Drug addiction or disabilities resulting there from shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. \o/--tfi ftii cftscs ctFisin^r under tins crisptor, dny pcrccntflgc ot ctisfl Diiiiy 'Of Dodiiy loss ratinga ahull be based upon 'Guidca te the Evaluation ef- Permanent Impairment' pub lished fey the American Medical Association."
SECTION 2. Said chapter is further amended by adding at the end of Code Section 34-9-2, relating to the applicability of workers' compensation to employers and employees, a new subsection (e) to read as follows:
"(e) A person or entity shall otherwise qualify as an independent contractor and not an employee if such person or entity:
(1) Is a party to a contract, written or implied, which intends to create an indepen dent contractor relationship; (2) Has the right to exercise control over the time, manner, and method of the work to be performed; and (3) Is paid on a set price per job or a per unit basis. A person who does not meet all of the above listed criteria shall be considered an employee unless otherwise determined by an administrative law judge to be an indepen dent contractor."
SECTION 3. Said chapter is further amended by striking Code Section 34-9-2.1, relating to exemption of corporate officers, and inserting in its place a new Code Section 34-9-2.1 to read as fol lows:
"34-9-2.1.
(a) A corporate officer or a member of a limited liability company who elects to be exempt from coverage under this chapter shall make such election by giving written cer tification to the insurer or, if there is no insurer, to the State Board of Workers' Com pensation. The right of any corporation or limited liability company to exempt its officers or members from coverage under this chapter is limited as follows:
(1) A corporation shall not be allowed to exempt more than five corporate officers and a limited liability company shall not be allowed to exempt more than five members: and (2) In order for the written certification of exemption to be in effect, the corporate officer must be identified by name as well as by the office held at the time of certifi cation and the member of the limited liability company must be identified by name?; and (3) Any employer subject to this Act pursuant to subsection (a) of Code Section 34-9-2 before the filing of any exemptions shall remain subject to this Act without regard to the number of exemptions filed. (b) A corporate officer or a member of the limited liability company who has exempted himself or herself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage. (c) No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until 36 days after it is filed with the proper entity."

WEDNESDAY, FEBRUARY 7, 1996

633

SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 34-9-17, relat ing to grounds for denial of compensation, and inserting in its place a new subsection (a) to read as follows:
"(a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appli ance or perform a duty required by statute; er the willful breach ef- eaty rate er rcgulation CLdoptCu oy trie employer ftiid ftpjw?ovcd oy wife ooflrcr, of wrucii rule of PQulo.tion

SECTION 5. Said chapter is further amended by striking subsection (f) of Code Section 34-9-18, relat ing to civil penalties, and inserting in its place a new subsection (f) to read as follows:
"(f) All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation and made payable te the State ef- Georgia. All such penalties shall be deposited in the general fund of the state trea sury."
SECTION 6. Said chapter is further amended by striking Code Section 34-9-19, relating to civil penal ties, and inserting in its place a new Code Section 34-9-19 to read as follows:
"34-9-19.
Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be pun ished by a fine of not less than $1,000.00 or more than $10,000.00 or by imprisonment not to exceed one year 12 months, or by both such fine and imprisonment. Additionally, any person, firm, or corporation who violates this Code section may also be assessed the cost of investigation or prosecution, or both, in accordance with Chapter 11 of Title 17, relating to the assessment and payment of costs of criminal proceedings. All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation. All such penalties shall be deposited in the gen eral fund of the state treasury."
SECTION 7. Said chapter is further amended by adding at the end of Code Section 34-9-200.1, relating to vocational rehabilitation, a new subsection (h) to read as follows:
"(h) In the event of an injury that is not catastrophic, the parties may elect that the employer will provide a rehabilitation supplier on a voluntary basis for so long as the parties agree. The rehabilitation supplier utilized by the parties must hold one of the certifications or licenses specified in subsection (f) of this Code section and be registered with the State Board of Workers' Compensation or have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in the case."
SECTION 8. Said chapter is further amended by striking Code Section 34-9-226, relating to the appointment of guardians, which reads as follows:
"34-9-226.
The board is authorized to appoint a qualified guardian for any minor or legally incom petent claimant who shall be entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such minor or legally incompetent person, but the authority of any guardian so appointed by the board shall be limited to the administration of such workers' compensation benefits and the settlement of workers' compensation claims.", and inserting in lieu thereof the following:
"34-9-226.

634

JOURNAL OF THE HOUSE,

After July 1, 1996, the only person capable of representing a minor or legally incompe tent claimant entitled to workers' compensation benefits shall be a guardian duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person. Said guardian shall be required to file with the board a copy of the guardianship returns filed annually with the probate court and give notice to all parties within 30 days of any change in status."
SECTION 9. Said chapter is further amended by striking subsections (a) and (f) of Code Section 34-9-243, relating to the effect of payments made when not due, and inserting in lieu thereof new subsections (a) and (f) to read as follows:
"(a) The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages or any benefit paid under Chapter 8 of this title, the 'Employ ment Security Law,' during the employee's disability shall be credited against any pay ments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter." "(f) Subsection Subsections (a) and (b) of this Code section shall not apply to payments made to an employee under Code Section 34-9-263 for any permanent partial disability."
SECTION 10. Said chapter is further amended by striking Code Section 34-9-261, relating to compensa tion for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261.
While the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $276.00 $300.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly bene fit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 11. Said chapter is further amended by striking subsections (d), (e), (f), and (g) of Code Sec tion 34-9-263, relating to compensation for permanent partial disability, which read as fol lows:
"(d)Phalanges. Loss of distal phalange shall be considered to be equal to the loss of onehalf of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit. (e)Amputated arm or leg. Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg but, if ampu tated between the elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic device can be affixed. (f)Disability to the body as a whole. For the purpose of determining disability to the body as a whole under paragraph (14) of subsection (c) of this Code section, 'disability' means either physical impairment or actual wage loss as provided under Code Section 34-9-262, whichever is greater. No combination of payments under paragraph (14) of subsection (c) of this Code section and Code Section 34-9-262 shall exceed 300 weeks. (g)Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261.", and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 7, 1996

635

"(d) Impairment ratings. In all cases arising under this chapter, any percentage of dis ability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fourth edition, published by the American Medical Association, (e) Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261."
SECTION 12. Said chapter is further amended by striking subsection (f) of Code Section 34-9-265, relat ing to compensation for death resulting from causes other than injury, and inserting in its place a new subsection (f) to read as follows:
"(f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay Hrte the general fund ef the state treasury to the State Board of Workers' Compensation one-half of the bene fits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less. All such funds paid to the board shall be deposited in the general fund of the state treasury."
SECTION 13. Said chapter is further amended by striking Code Section 34-9-290, relating to the report ing of hazardous occupations and case of occupational disease, and inserting in its place the following:
"34-9-290.
Reserved."
SECTION 14. Said chapter is further amended by striking Code Section 34-9-367, relating to interest and attorneys' fees payable to the Subsequent Injury Trust Fund, and inserting in lieu thereof a new Code Section 34-9-367 to read as follows:
"34-9-367.
The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorneys' fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorneys' fees as provided under subsection (b) of Code Section 34-9-108."
SECTION 15. 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, Bannister of the 77th and Lane of the 146th move to amend the Committee substitute to HB 1291 by striking the words "attorneys' fees" on line 17 on page 1 and inserting in lieu thereof the words "attorney's fees".
By striking the word "Act" on lines 29 and 31 on page 3 and inserting in lieu thereof the word "chapter".
By adding at the end of line 32 on page 3 the following:
"However, in the event that there shall be no covered employees once exemptions are elected, no coverage shall be required unless and until additional employees are employed."
By striking the word "attorneys'" on line 27 on page 8 and inserting in lieu thereof the word "attorney's".

636

JOURNAL OF THE HOUSE,

By striking the word "attorneys'" on line 33 on page 8 and inserting in lieu thereof "attor neys' attorney's".
By striking the word "attorneys'" on line 39 of page 8 and inserting in lieu thereof the word "attorney's".

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 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1459.

By Representative Rogers of the 20th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to persons not to be licensed, so as to provide that a person 14 years of age may be issued a restricted noncommercial Class P instruction permit if such person's parent or guardian is disabled and medically incap able of operating a motor vehicle safely.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to change certain provisions relating to resident minors possessing a valid license issued by another state or country; to change certain provisions relating to the issuance of a restricted instruction permit to certain minors who have a parent or guardian who is medically incapable of being licensed to operate a motor vehicle; to provide for the effect of such provisions of law relating to such minors; to change certain provisions relating to habitual users of alco hol or drugs; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by striking Code Section 40-5-22, relating to persons not to be licensed, and inserting in lieu thereof a new Code Section 40-5-22 to read as follows:
"40-5-22.
(a) The department shall not issue any Class C or Class M driver's license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence accept able to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his or her immediate possession a valid license issued to him or her in another state or country shall not be required to take or complete the alcohol and drug course. The

WEDNESDAY, FEBRUARY 7, 1996

637

department shall not issue a driver's license or a Class P instruction permit for the oper ation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years. (b) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 or 15 years of age who has a parent or guardian who either is medically incapable of being licensed to operate a motor vehicle due to visual impairment or has a disability which renders such person medically incapable of operating a motor vehicle safely as provided by Code Section 40-5-35 may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle^ provided that such applicant must submit proof of completion of a teenage driver education course from a driver training school licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' Any person so per mitted pursuant to this subsection shall be accompanied by such visually impaired or disabled parent or guardian whenever operating a motor vehicle; provided, however, that the permittee may operate a motor vehicle without being accompanied by the impaired or disabled parent or guardian while taking actual in-car training in a training vehicle under the direct personal supervision of a driving instructor when such driving instruc tor and training vehicle are insured and licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' The provisions of this subsection shall not affect the right of a person 15 years of age to apply for and be issued an instruction permit as authorized in Code Sec tion 40-5-24. (c) The department shall not issue any driver's license to nor renew the driver's license of any person:
(1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any men tal disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Streat of the 167th moves to amend the Committee substitute to HB 1459 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain".
By striking line 12 of page 1 and inserting in lieu thereof the following:

638

JOURNAL OF THE HOUSE,

"to change the provisions relating to when a person may be issued a probationary driver's license; to change the provisions relating to the conditions under which a proba tionary driver's license may be issued; to change the maximum period for which a proba tionary driver's license shall be effective; to provide for related matters; to repeal conflicting laws;".
By redesignating Section 2 as Section 3.
By inserting following line 22 of page 3 the following:
"SECTION 2. Said chapter is further amended in Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators of certain motor vehicle and traffic laws and pro bationary licenses, by striking in its entirety paragraph (1) of subsection (e) and inserting in lieu thereof a new paragraph (1) to read as follows:
'(e)(l) Notwithstanding any contrary provisions of this Code section or any other Code section of this chapter, any person who has been declared a habitual violator and who has had his or her driver's license revoked under subsection (b) of this Code sec tion for a period of five years and twe years have one year has expired since the date on which such person's license was surrendered or an affidavit was accepted as pro vided in subsection (e) of Code Section 40-5-61, such person may be issued a proba tionary driver's license for a period of time not to exceed th*ee four years upon compliance with the following conditions:
(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter or any local ordinance relating to the movement of vehicles for a period of twe yearn one year immediately preceding the application for a probationary driver's license;
(B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter which resulted in the death or injury of any individual;
(C) Such person has successfully completed, prior to the issuance of the probation ary driver's license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the Department of Public Safety;
(D) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of Title 3, relating to alcoholic beverages, or of violating any provision of Chapter 13 of Title 16, relating to controlled substances;
(E) Such person shall submit a sworn affidavit that such person does not exces sively use alcoholic beverages and does not illegally use controlled substances or marijuana. It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph;
(F) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(G) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, there fore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;

WEDNESDAY, FEBRUARY 7, 1996

639

(iii) Attending a college or school at which he or she is regularly enrolled as a stu dent;
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or
(v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his or her driver's license or by the commissioner.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

N Crews Culbreth
Cunmings Y Davis, G N Davis, M
Day N DeLoach, B N DeLoach, G NDix E Dixon, H E Dixon, S
Dobbs Ehrhart
NEpps N Evans N Falls
Felton Y Floyd NGodbee N Golden NGoodwin N Greene N Grindley
Manner N Harbin N Harris N Heard YHeckstall
Y Hegstrom N Hembree N Henson N Holland N Holmes N Howard Y Hudson N Hugley

Irvin N James Y Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly YLane N Lawrence NLee N Lewis
Lifsey
NLord Lucas
N Maddox NMann Y Martin N McBee YMcCall N McClinton Y McKinney N Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal
Orrock YParham

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

On the adoption of the amendment, the ayes were 29, nays 118. The amendment was lost.

N Smyre N Snelling YSnow Y StaJlings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson Y Streat N Taylor N Teague NTeper Y Thomas NTillman N Titus N Towery N Trense
Turnquest YTwiggs Y Walker, L N Walker, R.L N Wall
Y Watson
Watts N V'estmoreland
N Whitaker
White
N Wiles
N Williams, B N Williams, J
N Williams, R
N Woods
N 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:

N Alien N Anderson N Ashe

Bailey Baker
N Bannister

YBarfoot Bargeron
Barnard

N Barnes
N Bates Y Benefield

Y Birdsong
N Bordeaux Bostick

640

JOURNAL OF THE HOUSE,

Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush NBuck Y Buckner
Bunn N Burkhalter YByrd
Campbell Canty Carter Y Chambless N Channel! N Childers Y Coker N Coleman, B Coleman, T Connell
Y Crawford N Crews
Culbreth N Cummings Y Davis, G N Davis, M
Day
N DeLoach, B
N DeLoach, G NDix E Dixon, H
E Dixon, S Dobbs

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

NKaye N Kinnamon N Klein NLadd NLakly YLane N Lawrence YLee N Lewis
Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee YMcCall N McClinton Y McKinney N Mills
Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
Orrock YParham Y Parrish
N Parsons E Pelote N Perry N Pinholster YPolak

Porter Y Poston Y Powell Y Purcell, A
Purcell, B YRandall N Randolph
YRay Y Reaves
Y Reichert Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins N Shanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfleld Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T E Smith, V
Smith, W YSmyre N Snelling YSnow

Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat N Taylor N Teague Y Teper Y Thomas Y Tillman N Titus
Towery N Trense
Turnquest YTwiggs Y Walker, L N Walker, R.L YWall
Y Watson
Watts
N Westmorland
N Whitaker
White
N Wiles
N 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 71, nays 72. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Rogers of the 20th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1459.

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

THURSDAY, FEBRUARY 8, 1996

641

Representative Hall, Atlanta, Georgia Thursday, February 8, 1996

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

The following communications were received:

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
February 7, 1996
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the February 6, 1996 Special Election for the Office of State Representative in the General Assembly of Georgia from District 160, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Lewis A. Massey
Secretary of State
LAM:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Lewis A. Massey, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Education held on the 6th day of February, 1996, in District 160 of the State House of Representatives, in Miller, Seminole and portions of Decatur and Early counties, to fill the vacancy existing due to the resigna tion of the Honorable Cathy Cox, show the following results:

John Blessinger James M. Connell Dan E. Ponder, Jr.

DECATUR 79 93 565

EARLY 85 48 598

MILLER SEMINOLE

37

106

35

67

590

1,190

TOTAL 307 243
2,943

Having received a majority of the votes cast, Dan E. Ponder, Jr. was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of February, in the year of our Lord One Thousand Nine Hundred and

642

JOURNAL OF THE HOUSE,

(SEAL)

Ninety-Six and of the Independence of the United States of America the Two Hundred and Twentieth.
/a/ Lewis A. Massey Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Dan E. Ponder, Jr. State Representative
Sworn to and subscribed before me, this 8th day of Feb., 1996.
/s/ Edward D. Johnson Judge,

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

Alien
Anderson Bannister Barfoot Bargeron Barnard Barnes
Bates Benefield Birdsong
Bostick Brooks, D Brooks, T Brown, J Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Chambless Channel! Childers Coker Coleman, B Coleman, T

Connell Crawford Crews Culbreth
Cummings Davis, G Davia, M
DeLoach, B DeLoach, G Ehrhart Epps Evans Falls Felton Golden Greene Grindley Harbin Harris Heard Heckstall Hegstrom Hembree Holland Holmes Howard
Hudson Hugley

James Jenkins Johnson, G Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis
Lifsey
Lord
Maddoi
Mann Martin
McBee
McCall
Mills
Mobley, J
Mosley
Mueller
O'Neal

Orrock Parham Parrish Parsons Pelote Perry Pinholster Ponder Poston Powell PurceU, A Purcell, B Ray Reichert
Royal Sanders Sauder Shanahan Shaw Sherrill Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T

Smith, V Smith, W Smyre Snelling Snow Stancil, F Stancil, S Stephenson Streat Taylor Thomas Tillman Titus Trense Turnquest
Twiggs
Walker, R.L
Wall
Watson Westmoreland
Whitaker
White
Wiles
Williams, B
Williams, R
Woods
Yates

The following members were off the floor of the House when the roll was called:
Representatives Sinkfield of the 57th, Mobley of the 69th, Stallings of the 100th, Ran dolph of the 72nd, Shipp of the 38th, Breedlove of the 85th, Scoggins of the 24th, Wil liams of the 83rd, Day of the 153rd, Stanley of the 50th, Stanley of the 49th, Porter of

THURSDAY, FEBRUARY 8, 1996

643

the 143rd, Polak of the 67th, Roberts of the 162nd, Lucas of the 124th, Teague of the 58th, Bordeaux of the 151st, Jones of the 71st, McKinney of the 51st, Henson of the 65th, Ashe of the 46th, Baker of the 70th, Brush of the 112th, Simpson of the 101st, Dix of the 76th, Bailey of the 93rd, Dobbs of the 92nd, Floyd of the 138th, Jamieson of the 22nd, Reaves of the 178th and Teper of the 61st.
They wish to be recorded as present.

Prayer was offered by the Reverend Rob Peters, Pastor, Lakeland Baptist Church, Gumming, 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 1627. By Representatives Baker of the 70th, Chambless of the 163rd, Reichert of the 126th and Bostick of the 165th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide for limited liability limited partnerships with regard to definitions, naming, amending certificates of limited partner ship, notice and dissolution.
Referred to the Committee on Judiciary.

HB 1628. By Representative Buckner of the 95th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to provide that instruction permits to operate noncommercial Class C vehicles and motorcycles shall not be valid for operation of such vehicles upon public highways in this state with posted speed limits in excess of 55 miles per hour.
Referred to the Committee on Motor Vehicles.

644

JOURNAL OF THE HOUSE,

HB 1629. By Representative Smith of the 109th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to repeal certain provisions relating to the compensation of the chief magistrate of that court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1630. By Representatives Parsons of the 40th, Scoggins of the 24th and Coker of the 31st:
A bill to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or tele phone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other elec tronic information storage bank.
Referred to the Committee on Industry.

HB 1631. By Representatives Davis of the 48th, Holmes of the 53rd and Heckstall of the 55th:
A bill to amend the "Atlanta Enterprise Zone Act," so as to change the pro visions relating to the duration of zones created for residential purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1632. By Representatives Skipper of the 137th and Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the "Fair Business Practices Act of 1975," so as to change definitions and references relating to promotional giveaways; to eliminate the requirement that certain disclosures be made to winners of promotions.
Referred to the Committee on Industry.

HB 1633. By Representatives Purcell of the 147th, Coleman of the 142nd, Murphy of the 18th, Reaves of the 178th, Parrish of the 144th and others:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Anno tated, relating to funding for direct instructional costs, media center costs, and staff development costs, so as to provide that a portion of certain funds shall be expended for technology training for certain personnel.
Referred to the Committee on Education.

HB 1634. By Representative Ehrhart of the 36th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident reparations, so as to prohibit certain penalties or causes of action against an insurer for delayed settlement of cer tain claims of an owner or operator of a motor vehicle pending final adjudi cation of a citation against the owner or operator for violating certain provisions of Chapter 6 of Title 40.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 8, 1996

645

HB 1636. By Representative Hanner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal the Asbestos Licensing Board and to transfer certain duties of such board to the director of the Environmental Protection Division of the Department of Natural Resources.
Referred to the Committee on Natural Resources & Environment.

HB 1637. By Representatives Bailey of the 93rd, Childers of the 13th, Benefield of the 96th and Powell of the 23rd:
A bill to amend Code Section 16-12-22.1 of the Official Code of Georgia Annotated, relating to raffles operated by nonprofit, tax-exempt organiza tions, so as to change certain provisions regarding special limited licenses to conduct raffles.
Referred to the Committee on Industry.

HB 1639.

By Representatives Brooks of the 103rd, Smith of the 174th, Jamieson of the 22nd, Westmoreland of the 104th and Davis of the 48th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abortion and sterilization procedures.

2-8-1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1639. This notice is made prior to or upon reading the bill the first time.
/s/ Donna Brooks Representative 103rd District
Referred to the Committee on Judiciary.

HB 1640. By Representatives Williams of the 114th and Harbin of the 113th:
A bill to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to change certain provisions regarding proof of insurance required and related penalties.
Referred to the Committee on Judiciary.

HB 1641. By Representative Childers of the 13th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the provisions relating to definitions; to provide for certificates of authority for certain new institutional health services and health care facilities and the conditions and procedures relating thereto; to change certain functions of the Health Planning Agency.
Referred to the Committee on Health & Ecology.

646

JOURNAL OF THE HOUSE,

HB 1642. By Representatives Childers of the 13th, Skipper of the 137th and Orrock of the 56th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the regulation of managed care plans.
Referred to the Committee on Health & Ecology.

HB 1643. By Representatives Chambless of the 163rd, Hudson of the 156th, Holland of the 157th, Bostick of the 165th and Carter of the 166th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the offenses of homicide by interference with an official traffic-control device or railroad sign or signal and serious injury by interference with an official traffic-control device or railroad sign or signal.
Referred to the Committee on Judiciary.

HR 961. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A resolution urging public and private schools in this state to develop and implement programs to educate children about the dangers of abduction and ways to prevent it.
Referred to the Committee on Education.

HR 969. By Representative Lifsey of the 6th:
A resolution designating the bridge on State Highway 61 and U.S. Highway 411 over Sumach Creek in Murray County the Kirby Park, Sr., Memorial Bridge.
Referred to the Committee on Transportation.

HR 970. By Representatives Connell of the 115th, DeLoach of the 119th, Anderson of the 116th, Alien of the 117th, Howard of the 118th and others:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County.
Referred to the Committee on State Institutions & Property.

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

HB 1650. By Representatives Cummings of the 27th, Shanahan of the 10th, Pelote of the 149th, McBee of the 88th, Baker of the 70th and others:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a certain report submitted by local retirement systems to the state auditor shall be submitted every two years.
Referred to the Committee on Retirement.

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

THURSDAY, FEBRUARY 8, 1996

647

HB 1614 HB 1615 HB 1616 HB 1617 HB 1618 HB 1619 HB 1620 HB 1621 HB 1622 HB 1624 HB 1625 HB 1626 HB 1635 HB 1638 HR 946 SB 368

SB 395 SB 513 SB 551 SB 587 SB 592 SB 605 SB 608 SB 609 SB 613 SB 618 SB 626 SB 632 SB 639 SB 668 SR 384 SR 385

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

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1304 Do Pass HB 1440 Do Pass, by Substitute HR 854 Do Pass, by Substitute
Respectfully submitted, /a/ 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1308 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

648

JOURNAL OF THE HOUSE,

HB 726 Do Pass, as Amended HB 1283 Do Pass, by Substitute
HB 1394 Do Pass HB 1402 Do Pass

HB 1420 Do Pass, by Substitute HB 1496 Do Pass, by Substitute HB 1583 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:

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

HB 20 Do Pass HB 166 Do Pass, by Substitute
HB 1014 Do Pass, by Substitute HB 1272 Do Pass, by Substitute

HB 1305 Do Pass, by Substitute HB 1400 Do Pass HB 1525 Do Pass, by Substitute

Respectfully submitted, /s/ Watson of the 139th
Chairman

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

Mr. Speaker:

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

HB 1388 Do Pass, by Substitute HB 1489 Do Pass, by Substitute

HB 1555 Do Pass SB 493 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 713 Do Pass, by Substitute HB 813 Do Pass, as Amended HB 1296 Do Pass, by Substitute

HB 1484 Do Pass, by Substitute SB 287 Do Pass, by Substitute SB 623 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

THURSDAY, FEBRUARY 8, 1996

649

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 945 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1316 Do Pass, by Substitute HB 1531 Do Pass

HB 1570 Do Pass HB 1580 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 has instructed me to report the same back to the House with the following recommendations:

HB 751 Do Pass, by Substitute HB 1579 Do Pass HB 1598 Do Pass HB 1601 Do Pass

HB 1605 Do Pass HB 1606 Do Pass HB 1607 Do Pass HB 1608 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 8, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enu merated below:

650

JOURNAL OF THE HOUSE,

HB 213 Superior Court Judges Retirement; creditable serv; juv court judge HB 660 Inmate committing battery/aggravated assault; transfer/max security HB 885 Curriculum; include family violence and child abuse prevention course HB 1152 Law enf officer; indemnification; motor carriers; cert regulations HB 1209 State agencies; adoption of rules; requirements HB 1319 Excise tax; rental motor vehicles HB 1361 Health; articles of bedding; repeal provisions HB 1487 Hotel-motel tax; county and municipal levies; authorization HB 1497 Reg devel centers; nonprofit corporations; certain contracts HB 1508 DOT; power to contract; increase amount
HR 826 Regional development center boundaries; ratify change HR 878 Regional development center boundaries; ratify change HR 901 General William A. Holland Parkway; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, HB 751 was removed from the Local Calendar.

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

Representative Smith of the 109th moved to vote on HB 1579 separately.

The motion prevailed.

HB 1601. By Representative Carter of the 166th:
A bill to amend an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, so as to provide that the chief judge of the superior court shall appoint the chief magistrate.

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

HB 1605.

By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to provide for staggered elections for 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 1606.

By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by general law.

THURSDAY, FEBRUARY 8, 1996

651

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

HB 1607. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Ben Hill County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

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

HB 1608.

By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the clerk of the board of commissioners.

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

HB 1598. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.

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 Alien Y Andereon Y Ashe Y Bailey
Baker Y Bannister
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, J
Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty

Y Carter Y Chambless Y Channel! Y Childers
Coker Y Coleman, B Y Coleman, T Y Connell
Crawford Y Crews
Culbreth Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix E Dixon, H E Dixon, S YDobbs Ehrhart Y Epos Evans Y Falls Y Felton Y Floyd

Godbee Y Golden
Goodwin Y Greene Y Grindley E Banner Y Harbin Y Harris 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

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

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y PurceU, B
Randall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan Y Shaw
Sherrill Y Shipp

652

JOURNAL OF THE HOUSE,

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 Shillings Y Stancil, P Y Stancil, S Y Stanley, L Y Stanley, P

Stephenaon Y Streat Y Taylor YTeague Y Teper Y Thomas
Tillman Y Titus Y Towery

Y Trense Turnquest
Y Twiggs Y Walker, L Y Walker, R.L
Wall Y Watson
Watts Westmorland

Whitaker Y White Y Wiles Y Williams, B Y Williams, J
Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 142, nays 0. The Bills, having received the requisite constitutional majority, were passed.

HB 1579.

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 chairperson 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:

Y Alien
Y Anderson Ashe Bailey Baker
Y Bannister N Barfoot N Bargeron Y Barnard NBarnes N Bates N Benefleld
N Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty
Carter
N Chambless Channel!
Y Childers Coker Coleman, B
N Coleman, T Connell Crawford

Y Crews Culbreth Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii E Diion, H E Diion, S N Dobbs YEhrhart NEpps
Evans Y Falls
Felton
N Floyd N Godbee N Golden
Good win
Greene Y Grindley E Manner Y Harbin Y Harris N Heard Y Heckstall Y Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard
Hudson Hugley

Ylrvin Y James N Jamieson N Jenkins Y Johnson, G
Johnson, J Y Johnston
Jones Y Joyce Y Kaye
Kinnamon Y Klein YLadd YLakly NLane
Lawrence Lee Y Lewis
Y Lifsey Lord Lucas
Y Maddox YMann N Martin N McBee N McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham

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

Smith, W Smyre Y Snelling Snow N Stallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson
Streat Taylor
Teague N Teper
Y Thomas Y Tillman Y Titus
Towery Trense Turnquest N Twiggs N Walker, L Walker, R.L Wall
N Watson 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, the ayes were 70, nays 59. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Maddox of the 108th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1579.

THURSDAY, FEBRUARY 8, 1996

653

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

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

HB 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.

HB 1520.

By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Calhoun County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

HB 1521.

By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Clay County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by general law.

HB 1523.

By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act consolidating the laws pertaining to the governing authority of Carroll County, so as to change certain age and residency quali fications and election requirements for members of that governing authority.

HB 1524. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to transfer the intake and probation services of the Juvenile Court of Carroll County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.

SB 435. By Senator Abernathy of the 38th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and cer tain county employees, so as to define certain terms; to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county juvenile detention services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system.
SB 516. By Senators Griffin of the 25th, Stokes of the 43rd, Newbill of the 56th and Langford of the 29th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the members of the board of education of any local system which has a budget deficit and submits a corrective action plan to the Department of Education shall, during the period of such deficit, review and acknowledge a report of all monthly expenditures submitted by the system's chief financial officer.

654

JOURNAL OF THE HOUSE,

SB 517. By Senators Stokes of the 43rd, Newbill of the 56th, Griffin of the 25th and Langford of the 29th:
A bill to amend Code Section 20-2-230 of the Official Code of Georgia Anno tated, relating to staff development programs, so as to extend the hours of orientation training for new members of local school boards and to specify certain areas of training.

SB 518. By Senators Griffin of the 25th, Langford of the 29th, Newbill of the 56th and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require each local board of education to publish annually an actual financial opera tions statement for the local school system; to provide that the state auditor shall prescribe the form of such statement; to provide for submission of copy of the actual financial operations statement to the Department of Education.

SB 624. By Senators Bowen of the 13th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to provide certain additional exemptions from the provisions of Code Section 16-11-126 through 16-11-128; to provide an effective date.

HB 146. By Representatives Wiles of the 34th, Parsons of the 40th, Grindley of the 35th and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Anno tated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance.

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

HB 590. By Representative Cummings of the 27th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Anno tated, relating to general provisions relative to retirement and pensions, so as to provide that veterans returning to public employment from certain mil itary service shall be entitled to establish service creditable toward retire ment for such military service.

HB 695. By Representative Ashe of the 46th:
A bill to amend Code Section 19-3-33.1 of the Official Code of Georgia Anno tated, relating to the surname used in application for a marriage license, so as to provide that the surname from a previous marriage may continue to be used as the legal surname after a subsequent marriage.

THURSDAY, FEBRUARY 8, 1996

655

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.

HB 807. By Representatives Godbee of the 145th and Porter of the 143rd:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that the terms "county school system" and "county board of edu cation" shall include any independent school system and the board of educa tion of any independent school system.

HB 852. By Representative Cummings of the 27th:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Employees' Retirement System of Georgia, so as to change the method of reestablishing service credit.

HB 1025. By Representatives Childers of the 13th and Smith of the 12th:
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.

HB 1099. By Representatives Buck of the 135th, Cummings of the 27th and Culbreth of the 132nd:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, so as to provide for the payment of health insur ance premiums in monthly installments by schoolteachers ineligible for retirement but with 20 or more years of service or their surviving spouses.

HB 1168. By Representatives Barnard of the 154th, Greene of the 158th, Bostick of the 165th, Dobbs of the 92nd, Perry of the llth and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is committed by proscribed conduct in jails and penal and correctional institu tions.

HB 1199. By Representatives Buck of the 135th and Hanner of the 159th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoe nas and notices to produce, so as to provide that persons employed by the Department of Natural Resources as corrections officers shall be entitled to certain witness fees.

656

JOURNAL OF THE HOUSE,

HB 1228. By Representatives Hanner of the 159th, Carter of the 166th, Shaw of the 176th and Coleman of the 142nd:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flotation devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad.

HB 1263. By Representative Carter of the 166th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest resources and other plant life, so as to provide that growers of ginseng shall register with the Department of Natural Resources; to define a certain term; to provide that the harvester of ginseng must have the written permission of the property owner.

HB 1269.

By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as "The Entomology Act of 1937," so as to repeal the definition of the term "insect pests and plant disease"; to provide for a definition of the term "plant pest"; to change all references in said article to such term.

HB 1279.

By Representatives Ray of the 128th, Reaves of the 178th, James of the 140th and others:
A bill to amend Code Section 2-9-6 of the Official Code of Georgia Anno tated, relating to bonds of dealers in agricultural products, the breach of con ditions, complaints to the Commissioner of Agriculture, hearings and settlement, actions on bonds, and pro rata distribution of insufficient bond proceeds, so as to provide for time limits for the filing of complaints, the giv ing of notice, and the commencement of actions.

HB 1310.

By Representative Streat of the 167th:
A bill to amend Code Section 4-6-1 of the Official Code of Georgia Anno tated, relating to definitions relating to livestock dealers, so as to redefine the term "livestock".

HB 1311. By Representative Streat of the 167th:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the 'Georgia Equine Act,' so as to change the provisions relating to veterinary services at equine sales.
The Senate has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 332. By Representatives Godbee of the 145th and Lane of the 146th:
A resolution honoring Paul E. Nessmith and designating a portion of U.S. Highway 25 as the "Paul E. Nessmith Parkway".
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

THURSDAY, FEBRUARY 8, 1996

657

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.
The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the House:

HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agri cultural products by agricultural processing industries and used for the pro motion of such agricultural processing industries without the need for paying such moneys into the general fund of the state treasury.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Anno tated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.

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

SB 435. By Senator Abernathy of the 38th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and cer tain county employees, so as to define certain terms; to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county juvenile detention services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system.
Referred to the Committee on Children and Youth.

SB 516. By Senators Griffin of the 25th, Stokes of the 43rd, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the members of the board of education of any local system which has a budget deficit and submits a corrective action plan to the Department of Education shall, during the period of such deficit, review and acknowledge a report of all monthly expenditures submitted by the system's chief financial officer.
Referred to the Committee on Education.

658

JOURNAL OF THE HOUSE,

SB 517. By Senators Stokes of the 43rd, Newbill of the 56th, Griffin of the 25th and others:
A bill to amend Code Section 20-2-230 of the Official Code of Georgia Anno tated, relating to staff development programs, so as to extend the hours of orientation training for new members of local school boards and to specify certain areas of training.
Referred to the Committee on Education.

SB 518. By Senators Griffin of the 25th, Langford of the 29th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require each local board of education to publish annually an actual financial opera tions statement for the local school system; to provide that the state auditor shall prescribe the form of such statement; to provide for submission of copy of the actual financial operations statement to the Department of Education.
Referred to the Committee on Education.

SB 624. By Senators Bowen of the 13th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to provide certain additional exemptions from the provisions of Code Section 16-11-126 through 16-11-128; to provide an effective date.
Referred to the Committee on Public Safety.

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

HB 1266. By Representative Campbell of the 42nd:
A bill to amend Code Section 43-17-3 of the Official Code of Georgia Anno tated, relating to registration of paid solicitors, so as to change certain requirements relating to the filing of a certified financial statement; to pro vide for a written accounting to the Secretary of State; to provide for infor mation contained in such accounting.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAnderson Y Ashe
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnard YBarnes
Bates YBenefield
Y Birdsong Y Bordeaux YBostick YBreedlove Y Brooks, D Y Brooks, T 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 Childere Y Coker
Y Coleman, B Y Coleman, T YConnell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Diz E Diion, H E Dixon, S Y Dobbs
Y Ehrhart Y Epps
Evans Y Falls
Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley E Hanner

Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson Y Hugley
Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones

Y Joyce Y Kaye
Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence
Y Lee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney

THURSDAY, FEBRUARY 8, 1996

659

Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham
YParrish Parsons
Y Pelote Y Perry Y Pinholster
Polak
Y Ponder Y Porter

Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan

YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling YSnow

Y Stallings Stancil, F
Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague
Y Teper Y Thomas Y Tillman
Y Titus Towery
Y Trense 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 motion, the ayes were 159, nays 0. The motion prevailed.

Representative Rogers of the 20th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 1459. By Representative Rogers of the 20th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to persons not to be licensed, so as to provide that a person 14 years of age may be issued a restricted noncommercial Class P instruction permit if such person's parent or guardian is disabled and medically incap able of operating a motor vehicle safely.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Bailey Baker N Bannister Barfoot Y Bargeron Barnard N Barnes Bates Y Benefield Y Birdsong N Bordeaux Bostick Breedlove N Brooks, D Y Brooks, T N Brown, J Brush YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell N Canty Y Carter Y Chambless Y Channel! Y Childers Coker N Coleman, B Y Coleman, T Y Cornell
N Crawford

N Crews N Culbreth
Y Cummings Y Davis, G Y Davis, M NDay Y DeLoach, B
Y DeLoach, G NDix E Dixon, H
E Dixon, S Y Dobbs NEhrhart
YEpps Evans
Y Falls Felton
Y Floyd N Godbee Y Golden
Good win Greene N Grindley E Hanner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Hugley

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

On the motion, the ayes were 89, nays 62.

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

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

660

JOURNAL OF THE HOUSE,

The motion prevailed.

Representative Byrd of the 170th arose to a point of personal privilege and addressed the House.

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

HB 1487. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to pro vide authorization with certain conditions for certain counties and municipal ities to levy such tax.

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 authorization with certain conditions for cer tain 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, 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), (3.3), (3.4), (3.5), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.

THURSDAY, FEBRUARY 8, 1996

661

(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), (3.3), (3.4), (3.5), (4), (4.1), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant 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 (3.4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.5), to read as follows:
"(3.5) Notwithstanding the provisions of paragraph (1) of this subsection, a local con solidated government (within the territorial limits of the special district located within the county the boundary of which is conterminous with that of such local consolidated government) may levy a tax under this Code section at a rate of 6 percent. A local consolidated government levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.5)) an amount equal to the amount by which the total taxes collected under this Code sec tion exceed the taxes which would be collected at a rate of 3 percent for the purpose of promoting tourism, conventions, and trade shows through a contract with a private sector nonprofit organization. In addition to the amounts thus required to be expended, a local consolidated government levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.5)) an amount equal to 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a civic center owned and operated by the local consolidated government."
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), (3.3), (3.4), (3.5), (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), (3.3), (3.4), (3.5), (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 subsec tion but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (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), (3.3), (3.4), (3.5), (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 specify ing how the expenditure requirements of this Code section will be met. Prior to the

662

JOURNAL OF THE HOUSE,

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 bud get 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), (3.3), (3.4), (3.5), (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: {A) (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and {B} (ii) expressing such amount as a percentage of tax receipts under this Code sec tion during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (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 con formity 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), (3.2), (3.3), (3.4), (3.5), (3.1), (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.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien YAnderson Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush Y Buck YBuckner
Bunn Y Burkhalter YByrd
Campbell Y Canty Y Carter

Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix E Dixon, H E 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 E Banner Y Harbin Y Harris 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 Joyce
Y Kaye Kinnamon
Y Klein

Y Ladd Y Lakly Y Lane Y Lawrence
Lee Y Lewis Y Lifsey Y Lord
Lucas Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton N 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 Ponder
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray
Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C Y Smith, C.W

THURSDAY, FEBRUARY 8, 1996

663

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

Y Stallings Y Standl, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor

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

Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Watts Y Westmoreland Y Whitaker

Y White Wiles
Y Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Wiles of the 34th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 660. By Representatives Greene of the 158th, Barnard of the 154th and Byrd of the 170th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to provide for rules requiring transfer to maximum security of each inmate who com mits battery or aggravated assault while in custody.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide for rules providing for transfer to higher security of each inmate who commits battery or aggravated assault against a correc tional officer while in custody and department assistance for employees who are subjected to battery or aggravated assault by inmates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by inserting in Code Section 42-2-11, relating to the powers and duties of the board and the adoption of rules and regulations, a new sub section to be designated subsection (g) to read as follows:
"(g) The board shall adopt rules: (1) Providing for the transfer to a higher security facility of each inmate who commits battery or aggravated assault against a correctional officer while in custody; provided, however, that this provision shall not apply in instances where the inmate is already incarcerated in a maximum security facility; and (2) Specifying the procedures for offering department assistance to employees who are victims of battery or aggravated assault by inmates in filing criminal charges or civil actions against their assailants, including procedures for posting notices that such assistance is available to any employee who is subjected to battery or aggravated assault by an inmate, but not including legal representation of such employees."
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.

664

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix E Dixon, H E Dixon, S Y Dobbs YEhrhart
YEpps Y Evans Y Falls Y Pelton Y Floyd
Y Godbee Y Golden
Goodwin Y Greene Y Grindley E Manner Y Harbin Y Harris 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
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
Mueller Y O'Neal
Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder
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 Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery Trense 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 Williams, R Y Woods Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

HB 1497.

By Representatives Channell of the lllth, Royal of the 164th, Jamieson of the 22nd and Connell of the 115th:
A bill to amend Code Section 50-8-35 of the Official Code of Georgia Anno tated, relating to general powers of regional development centers, so as to provide that centers and nonprofit corporations established or controlled by centers may enter certain contracts formerly prohibited if deemed necessary, desirable, or appropriate by the commissioner of the Department of Commu nity Affairs.

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 Alien Anderson
YAshe
Y Bailey Y Baker

Y Bannister Barfoot
Y Bargeron Y Barnard Y Barnes

Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush

YBuck Y Buckner Y Bunn
Burkhalter
YByrd

THURSDAY, FEBRUARY 8, 1996

665

Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford
Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G
YDix E Dixon, H E Dixon, S
Y Dobbs YEhrhart
YEpps Y Evans
Y Falls Y Felton
Floyd YGodbee Y Golden

Goodwin Y Greene Y Grindley E Banner Y Harbin Y Harris Y Heard Y Heckatall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hugley Ylrvin Y James
Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane

Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee YMcCall Y McClinton
McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry
Pinholster
Y Polak Y Ponder
Porter Y Poston Y Powell

Y Purcell, A Y Purcell, B YRandall
Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scoggins
Shanahan YShaw
Sherrill YShipp Y Simpson Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyte Y Snelling YSnow Y Stallings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest 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 Williams, R Y Woods Yates Murphy, Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1361.

By Representatives Shaw of the 176th, Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, James of the 140th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 25, relating to articles of bedding.

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:

Alien Anderson
YAshe Bailey
Y Baker Y Bannister
YBarfoot Y Bargeron
Y Barnard Y Barnes Y Bates
Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn
Burkhalter YByrd

Campbell Canty Y Carter Y Chambless Y Channell N Childers Y Coker Coleman, B Y Coleman, T Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix E Dixon, H E Dixon, S Y Dobbs Y Ehrhart YEpps

Y Evans Y Falls Y Felton
Y Floyd YGodbee Y Golden
Goodwin
Y Greene Y Grindley E Hanner Y Harbin
Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hugley Ylrvin
James Y Jamieson

Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce
Kaye 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 Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder
Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert

666

JOURNAL OF THE HOUSE,

Roberts Y Rogers Y Royal
Sanders Y Sauder
Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson

Y Sinkfield Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y SneUing

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

Watts Westmorland Y Whitaker White Y Wiles Williams, B Y Williams, J Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 144, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 885. By Representatives Davis of the 48th, McKinney of the 51st, Smyre of the 136th, Bunn of the 74th Stanley of 50th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for legislative purpose; to provide that each local board of education shall prescribe a course of study in family violence and child abuse prevention; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary edu cation, so as to provide for legislative purpose; to provide that each local board of educa tion may prescribe a course of study in family violence and child abuse prevention; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study; to provide that the State Board of Education may pre scribe a minimum course of study and may establish standards for its administration; to provide for certain topics of instruction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, is amended by adding at the end thereof a new Code Section 20-2-145 to read as follows:
"20-2-145. (a) The purpose of this Code section shall be to stem the escalation of family violence and child abuse by providing appropriate educational programs for children in this state. The General Assembly finds and declares that our society must foster family units that provide loving, nurturing environments for children and in which each family member develops love and respect for every other family member. (b) Each local board of education may prescribe a course of study in family violence and child abuse prevention for students in grades six through 12 totaling not less than five class hours per year per grade for the purpose of informing the young people of this state of the destructive effects that family violence and child abuse have on our society. Such course of study may implement either the minimum course of study provided for in subsection (c) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education may supplement the content areas of such minimum course of study as it may deem appropriate.

THURSDAY, FEBRUARY 8, 1996

667

(c) The State Board of Education may prescribe a minimum course of study in family violence and child abuse prevention and may establish standards for its administration. Such minimum course of study shall include but not be limited to instruction relating to:
(1) Statistics on family violence and child abuse; (2) Discernment of the differences between child abuse and acceptable discipline; (3) Recognition of the developmental stages in a child's maturation, especially from birth to age five; (4) Effects of parents' abuse of drugs and alcohol and their importance as contribut ing factors in family violence; (5) Importance of stress management techniques to reduce violent tendencies; (6) Community resources that are available to victims of family violence or child abuse; (7) Individual responsibility for control of anger or hostile reactions toward others; (8) Importance of completing education before becoming a parent; (9) Skills in conflict resolution; (10) Laws prohibiting stalking; and (11) Criminal prosecution for assault and battery and child abuse offenses. A manual setting out the details of such course of study may be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as the Super intendent may choose. (d) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (c) of this Code section may be ready for implementation not later than July 1, 1996. Each local board of education may not later than July 1, 1997, implement such minimum course of study or its approved equivalent and certify such implementation by letter to the Department of Education."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Mills of the 21st, et al. move to amend the Committee substitute to HB 885 by adding in the title on line 4 of page 1 between the word "as" and the word "to" the following:
"to change the provisions relating to sex education and AIDS prevention instruction;".
By adding between lines 18 and 19 on page 1 the following:
"by striking in its entirety subsection (a) of Code Section 20-2-143, relating to sex educa tion and AIDS prevention instruction, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Any such course of study provided for in this Code section shall not encourage behavior which is inconsistent or prohibited by current state law. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such mini mum course of study with such specific curriculum standards as it may deem appropri ate. Such standards shall include instruction relating to the handling of peer pressure, promotion of high self-esteem, local community values, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome.'

668

JOURNAL OF THE HOUSE,

SECTION 2. Said part is further amended". By renumbering Section 2 on page 3 as Section 3.

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

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

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix E Dixon, H E Dixon, S YDobbs YEhrhart NEpps Y Evans Y Falls
Felton N Floyd N Godbee N Golden
Good win
N Greene Y Grindley E Manner Y Harbin Y Harris
N Heard N Heckstall N Hegstrom Y Hembree N Henson
Y Holland N Holmes N Howard Y Hudson
N Hugley

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

Parrish Y Persons N Pelote Y Perry Y Pinholster NPolak N Ponder Y Porter YPoston
Powell Purcell, A Y Purcell, B NRandall N Randolph NRay N Reaves Y Reichert N Roberts N Rogers Y Royal Y Sanders Y Sauder N Scoggins Y Shanahan Shaw N Sherrill
Y Shipp N Simpson N Sinkfield
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 N Stephenson
Streat N Taylor N Teague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs N Walker, L
Y Walker, R.L Y Wall N Watson
Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B
Williams, J Y Williams, R
Y Woods YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 86, nays 66. The amendment was adopted.

Representative Davis of the 48th moved that the House reconsider its action in adopt ing the Mills amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Y Ashe Y Bailey Y Baker
N Bannister YBarfoot Y Bargeron N Barnard N Barnes Y Bates N Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove

N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner
Bunn N Burkhalter
NByrd N Campbell Y Canty Y Carter
Chambless Channell N Childers N Coker

Coleman, B N Coleman, T
Connell N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix E Dixon, H E Dixon, S Y Dobbs

N Ehrhart YEpps N Evans N Falls N Felton N Floyd Y Godbee N Golden Y Goodwin
Greene N Grindley E Manner N Harbin N Harris 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 N Jenkins N Johnson, G N Johnson,J N Johnston Y Jones

THURSDAY, FEBRUARY 8, 1996

669

N Joyce N Kaye
Kinnamon N Klein
N Ladd N Lakly N Lane
N Lawrence N Lee N Lewis N Lifsey Y Lord Y Lucas N Maddox N Mann Y Martin Y McBee
McCall Y McClinton Y McKinney

N Mills Y Mobley, B N Mobley, J N Mosley
N Mueller Y O'Neal Y Orrock
N Parham Parrish
N Parsons Y Pelote N Perry N Pinholster Y Polak Y Ponder Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B

Y Randall Y Randolph Y Ray Y Reaves
N Reichert Y Roberts Y Rogers
Y Royal N Sanders N Sauder Y Scoggins N Shanahan N Shaw 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 Y Smyre N Snelling
N Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman

N Titus N Towery N Trense Y Turnquest
Twiggs Y Walker, L N Walker, R.L
N Wall Y Watson
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 80, nays 84. The motion was lost.

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to HB 885 by inserting after the semicolon after the word "instruction" on line 12 of page 1 the follow ing:
"to provide that local boards of education may establish optional courses in creationism;".
By striking from line 19 on page 1 the following:
"a new Code Section 20-2-145",
and inserting in lieu thereof the following:
"two new Code sections".
By striking the quotation mark at the end of line 6 on page 3 and inserting in lieu thereof the following:
"20-2-146.
(a) As part of any science curriculum wherein students are taught concerning the origins of life and living things, including the origins of humankind, teachers shall have the right to present and critique any and all scientific theories about such origins and all facets thereof, including without limitation scientific theories other than evolutionism.
(b) Subsection (a) of this Code section shall not be construed to require supplementing, restructuring, restricting, or modifying any science curriculum in use as of July 1, 1995, to include or endorse the teaching or critique of any particular scientific theory or to exclude or supplant the teaching or critique of any particular scientific theory, nor shall it be construed to deprive any student of access to any scientific knowledge.'"

Representative Murphy of the 18th moved that the Joyce amendment be printed and placed upon the desks.

The motion prevailed.

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

670

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 974. By Representatives Shaw of the 176th, Carter of the 166th, Golden of the 177th, Lee of the 94th and Murphy of the 18th: A resolution commending the William A. "Bill" Roquemore family.
HR 975. By Representative Purcell of the 147th: A resolution honoring Ms. Dorothy L. Standard.
HR 976. By Representatives Streat of the 167th, Floyd of the 138th, Royal of the 164th, Purcell of the 147th, Titus of the 180th and others: A resolution commending Randall (Scott) Hudson.
HR 977. By Representatives Dixon of the 168th and Golden of the 177th: A resolution commending TEAM Georgia.
HR 978. By Representatives Sherrill of the 62nd, O'Neal of the 75th, Williams of the 63rd, Teper of the 61st and Baker of the 70th: A resolution honoring Ms. Lillian D. Cantrell.
HR 979. By Representative Coleman of the 80th: A resolution commending Ben Ringham.
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 State Institutions and Property:
SR 445. By Senators Crotts of the 17th and Guhl of the 45th: A resolution authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date.
By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on State Planning and Communtiy Affairs and referred to the Committee on State Institutions and Property:
SR 413. 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 the City of Cartersville.
Representative Bailey of the 93rd District, Vice-Chairman of the Committee on Natu ral Resources and Environment, submitted the following report:

THURSDAY, FEBRUARY 8, 1996

671

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1277 Do Pass, by Substitute SB 554 Do Pass
Respectfully submitted, /a/ Bailey of the 93rd
Vice-Chairman

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

HB 885. By Representatives Davis of the 48th, McKinney of the 51st, Bunn of the 74th, McBee of the 88th, Jones of the 71st and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core cirriculum in elementary and secondary education, so as to provide for legislative purpose; to provide that each local board of education shall prescribe a course of study in family violence and child abuse prevention; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.

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

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

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

Ylrvin Y James
Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon Y Klein
Ladd Y Lakly YLane
Lawrence Lee Y Lewis Y Lifsey Lord Lucas Y Maddox YMann Martin McBee McCall McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal Orrock Par ham

N Parrish N Parsons N Pelote
Perry Y Pinholster N Polak N Ponder
Porter N Poston
Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray Reaves Y Reichert Roberts Y Rogers N Royal Y Sanders Sauder N Scoggins Shanahan 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

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

672

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 58, nays 43. The amendment was adopted.

Representatives Snow of the 2nd, Grindley of the 35th, Smith of the 169th and Kinnamon of the 4th 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.

House of Representatives Legislative Office Building, Room 601
Atlanta, Georgia 30334
February 8, 1996
To the Clerk of the House of Representatives:
In accordance with Rule 137, you are requested to file the position of my vote on the Joyce Amendment on House Bill 885.
My no vote on the Joyce amendment was out of concern that the amendment would be interpreted as an unfunded mandate. Rep. Joyce and other House members have consist ently advocated no unfunded mandates being imposed on the local governments.
The Clayton County School Board has repeatedly asked the Legislature to not send them unfunded mandates.
I could have voted yes if the amendment had read "local boards of education may allow the admission of optional courses in creationalism." I'm sure my church and other churches throughout the state could have made existing programs available at no cost.
Gail M. Buckner Representative, District 95

Representative Smyre of the 136th moved that further consideration of HB 885 be postponed for two hours.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andersen Y Ashe
Bailey Y Baler
Bannister Y Barfoot
Bargeron N Barnard N Barnes
Bates N Benefield
Birdsong Y Bordeaux
Bostick N Breedlove
Brooks, D Brooks, T Brown, J N Brush Y Buck N Buckner Bunn N Burkhalter Byrd Campbell Canty Y Carter Chambless

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

Grindley E Manner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson
Holland Holmes Howard Y Hudson Y Hugley N Irvin Y James Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Jones N Joyce N Kaye Kinnamon N Klein N Ladd N Lakly N Lane

Lawrence Lee N Lewis N Lifsey Lord Lucas N Maddox N Mann Y Martin McBee McCall McClinton McKinney N Mills Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Orrock Parham Y Parrish N Parsons Y Pelote Perry N Pinholster Y Polak Y Ponder Porter

Y Poaton Y Powell
Purcell, A Purcell, B Randall Y Randolph Ray Reaves Y Reichert Roberts Y Rogers Y Royal N Sanders Sauder Y Scoggins Shanahan Shaw Y Sherrill N Shipp N Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Smith, L N Smith, P Smith, T N Smith, V N Smith, W

THURSDAY, FEBRUARY 8, 1996

673

YSmyre N Snelling
Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L

Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas

Tillman N Titus
Towery Trense Turnquest Twiggs Walker, L

On the motion, the ayes were 49, nays 58. The motion was lost.

N Walker, R.L N Wall
Watson Watts N Westmorland N Whitaker White

N Wiles N Williams, B
Williams, J
Williams, R N Woods N 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:

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

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix E Diion, H E Diion, S Y Dobbs Y Ehrhait YEpps
Evans Y Falls E Felton Y Floyd
God bee Y Golden
Goodwin Y Greene
Grindley E Hanner Y Harbin Y Harris Y Heard Y Heckstall N Hegstrom Y Hembree N Henson
Holland Holmes Howard Y Hudson N Hugley

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

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 101, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Snow of the 2nd, Grindley of the 35th and Kinnamon of the 4th stated that they had been called from the floor of the House during the preceding roll call.
They wished to be recorded as voting "aye" thereon.

Representative Crews of the 78th moved that HB 885 be immediately transmitted to the Senate.

674

JOURNAL OF THE HOUSE,

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

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

Y Crews Y Culbreth N Cummings N Davis, G
Davis, M YDay Y DeLoach, B Y DeLoach, G YDii E Dixon, H E Diion, S Y Dobbs YEhrhart N Epps
Evans Y Falls E Felton Y Floyd
Godbee Y Golden
Goodwin Greene Grindley E Banner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson Holland Holmes N.Howard
Y Hudson N Hugley

Y Irvin
James Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Kinnamon Y Klein YLadd Y Lakly YLane Lawrence Lee Y Lewis Y Lifsey Lord Lucas Y Maddox YMann N Martin McBee YMcCall N McClinton McKinney Y Mills
N Mobley, B Y Mobley, J Y Mosley Y Muel'er N O'Neal
Orrock Parham

On the motion, the ayes were 80, nays 38. The motion prevailed.

Y Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak
N Ponder Y Porter YPoston Y Powell
Purcell, A Y Purcell, B
Randall N Randolph
Ray Reaves Y Reichert Roberts Y Rogers Royal Y Sanders Sauder N Scoggins Y Shanahan YShaw 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

Y Smith, W NSmyre Y Snelling
Snow Y Stallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P
N Stephenson Streat
N Taylor N Teague N Teper N Thomas
Tillman Y Titus Y Towery
Trense N Turnquest
Twiggs Walker, L Y Walker, R.L Wall Watson Watts Y Westmoreland Y Whitaker White Y Wiles
Y Williams, B Williams, J 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 Resolutions of the House were taken up for consideration and read the third time:
HB 213. By Representative Poston of the 3rd: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, the "Act Creating the Superior Court Judges Retirement Systems," so as to authorize creditable service for certain prior service.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Cre ating the Superior Court Judges Retirement System," so as to authorize creditable service for certain prior service; to provide requirements relative thereto; to provide limitations on such creditable service; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," is amended by striking in its entirety Code

THURSDAY, FEBRUARY 8, 1996

675

Section 47-9-41.1, relating to creditable service for service as a state court judge or solici tor, and inserting in lieu thereof the following:
"47-9-41.1.
(a) As used in this Code section, the term 'prior service' means: (1) Holding office as a state court judge whether or not such member participated in a retirement fund; er (2) Holding office as a juvenile court judge whether or not such member participated in a retirement fund; or {3} (3) Holding office as a state court solicitor while a member of the Trial Judges and Solicitors Retirement Fund provided for in Chapter 10 of this title.
(b) A member of the retirement system may receive creditable service for prior service pursuant to the provisions of this Code section.
(c)(l) For a member who is a member or former member of the Trial Judges and Solicitors Retirement Fund, the payment required to receive such creditable service shall be an amount equal to all employer and employee contributions made to such fund by or on behalf of such member during service as a state court judge or solicitor plus interest on such amount at the rate of 6 percent per annum compounded annu ally from the date of termination of service as a state court judgei juvenile court judge, or solicitor to the date of payment. (2) For any member other than a member or former member of the Trial Judges and Solicitors Retirement Fund, the payment required to receive such creditable service shall be an amount equal to all employer and employee contributions which would have been made by or on behalf of such member to the Trial Judges and Solicitors Retirement Fund as if such member was a member of such fund for a period corre sponding to such member's service as a state court judge2 juvenile court judge, or solicitor together with 6 percent interest thereon compounded annually. (d) For a member who at the time of service as a state court judge^ juvenile court judge, or solicitor was a member of the Trial Judges and Solicitors Retirement Fund, the fol lowing shall be applicable: (1) For a member who has not withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided for in subsection (c) of this Code section shall be transferred from the Trial Judges and Solicitors Retirement Fund to the fund provided for in this chapter; and (2) For a member who has withdrawn contributions from the Trial Judges and Solici tors Retirement Fund, the amount provided in subsection (c) of this Code section shall be paid as follows:
(A) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions plus interest thereon shall be trans ferred from the Trial Judges and Solicitors Retirement Fund to the retirement fund provided for in this chapter; and (B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under subparagraph (A) of this paragraph shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (e) For a member who was at the time of service as a state court judge2 juvenile court judge, or as a solicitor a member of any retirement fund other than the Trial Judges and Solicitors Retirement Fund, the following shall be applicable: (1) For any such member who has not withdrawn contributions from such fund, all employer and employee contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred to the fund provided for in this chapter. Such member shall pay any remaining sums required by subsection (c) of this Code section or shall be entitled to receive any sums so transferred which exceed the sums required by subsection (c) of this Code section; and (2) For any such member who has withdrawn contributions from such fund, the amount provided for in subsection (c) of this Code section shall be paid as follows:

676

JOURNAL OF THE HOUSE,

(A) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions together with all accumulated inter est thereon at a rate to be determined by the administrator of such fund shall be transferred from such fund to the retirement fund provided for in this chapter; and (B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under subparagraph (A) of this paragraph shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (f) A member who at the time of service as a state court judgeor juvenile court judge was not a member of any retirement fund shall pay to the fund provided for in this chapter the entire amount provided for in subsection (c) of this Code section. (g) Except as provided in Code Section 47-9-77, no member who receives or who is or will become entitled to receive any annuity or pension or retirement benefit from any other source, except social security, for prior service as defined by subsection (a) of this Code section shall be eligible to obtain creditable service under this Code section, (h) A member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees, and upon the transfer or pay ment of the amounts provided for in subsection (d) or (e) of this Code section, the applicable creditable service shall be entered on the member's records. (i) Any other provision of this Code section to the contrary notwithstanding, creditable service obtained for prior service as a juvenile court judge shall not be used for purposes of vesting for benefits. One year of such creditable service may be obtained for each three years of actual service as a superior court judge uj) to a maximum of five years of such creditable service."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien Anderson YAshe 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
Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn

Burkhalter Byrd Campbell
Y Canty Y Carter Y Chambless Y Channel! Y Childera Y Coker Y Coleman, B
Coleman, T Connell Y Crawford Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix E Dixon, H

E Dixon, S N Dobbs Y Ehrhart
YEpps Evans
Y Falls E Felton Y Floyd
Godbee Y Golden
Goodwin
Y Greene Y Grindley E Hanner Y Harbin Y Harris
Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Holland Holmes

Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord

Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder

THURSDAY, FEBRUARY 8, 1996

677

Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph YRay Y Reaves Y Reichert
Y Roberta 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

N Smith, P Y Smith, T Y Smith, V
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
Teague
Y Teper Thomas
Y Tillman Y Titus
Towery Y Trense Y Turnquest
Twiggs Walker, L Y Walker, R.L

Y Wall Y Watson
Watts Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 135, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1152.

By Representative Watson of the 139th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions applicable to the indemnification of law enforce ment officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "law enforce ment officer"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the defi nition of certain terms.

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

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

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

Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis
Lifsey Lord 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 Y Parham

Y Parrish Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders
Y Sauder 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 Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Walker, L Y Walker, R.L Y Wall Y Watson Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

678

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Heard of the 89th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

HB 1508.

By Representative Benefield of the 96th:
A bill to amend Code Section 32-2-61 of the Official Code of Georgia Anno tated, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the depart ment may execute a negotiated contract.

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

Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes
Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner
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 Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H E Dixon, S Y Dobbs
Bhrhart YEpps
Evans Y Falls E Felton Y Floyd
Godbee Y Golden
Goodwin Y Greene Y Grindley E Manner Y Harbin Y Harris
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 Kinnamon
Y Klein
YLadd Y Lakly
YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Lucas
Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder 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 YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper
Thomas Y Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall
Y Watson Watts
Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was

HR 878. By Representatives Lane of the 146th and Godbee of the 145th:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.

THURSDAY, FEBRUARY 8, 1996

679

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:

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

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

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

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

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague 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 Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spin-

On the adoption of the Resolution, the ayes were 147, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1209.

By Representatives Smith of the 175th, Trense of the 44th, Williams of the 83rd, Day of the 153rd, Sherrill of the 62nd and others:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Anno tated, relating to procedural requirements for adoption, amendment, or repeal of rules by state agencies; emergency rules; limitation on actions to contest rules; and legislative override of rules, so as to provide additional requirements relative to the adoption of rules.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to pro cedural requirements for adoption, amendment, or repeal of rules by state agencies; emer gency rules; limitation on actions to contest rules; and legislative override of rules, so as to provide additional requirements relative to the adoption of rules; to provide for the con tents, printing, and distribution of certain information concerning rules and proposed rules; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

680

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules by state agencies; emergency rules; limitation on actions to contest rules; and legislative override of rules, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall:
(1) Give at least 30 days' notice of its intended action. The notice shall include an exact copy of the proposed rule and a synopsis of the proposed rule. If the proposed rule amends an existing rule, any proposed changes to the existing rule shall be shown by striking through any words, numbers, and symbols to be deleted from the existing rule and by underlining any words, numbers, and symbols to be added to the existing rule. The name, position, address, and telephone number of the individual proposing the rule shall be attached to the rule and shall be included in the synopsis. The syn opsis shall be distributed with and in the same manner as the proposed rule. The syn opsis shall contain a statement of the purpose and rationale for the proposed rule, tatd the main features of the proposed rule2 any arguments against the proposed rule within the knowledge of the agency, and, in the case of a proposed amendatory rule, the synopsis also shall indicate the differences between the existing rule and the pro posed rule. The notice shall also include the exact date on which the agency shall con sider the adoption of the rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency; (2) Afford to all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if requested by 25 persons who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than 25 members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adop tion. Upon final adoption of any new rule or an amendment of any existing rule, the name, position, address, and telephone number of the public official, public employee, or other individual primarily responsible for proposing the rule or amendment shall be printed as a footnote to the rule in any printing of such rule by the agency or the Secretary of State; and (3) In the formulation and adoption of any rule which will have an economic impact on businesses in the state, reduce the economic impact of the rule on small businesses which are independently owned and operated, are not dominant in their field, and employ 100 employees or less by implementing one or more of the following actions when it is legal and feasible in meeting the stated objectives of the statutes which are the basis of the proposed rule:
(A) Establish differing compliance or reporting requirements or timetables for small businesses; (B) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses; (C) Establish performance rather than design standards for small businesses; or
(D) Exempt small businesses from any or all requirements of the rules."

THURSDAY, FEBRUARY 8, 1996

681

SECTION 2. This Act shall become effective on July 1, 1996, and shall apply to any rule proposed on or after such 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 Alien Y Anderson
Y Ashe Y Bailey
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 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 Y Crawford

Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H E Dixon, S Y Dobbs Y Ehrhart
Y Epps Evans
Y Falls E Felton Y Floyd
Y Godbee Y Golden
Goodwin
Y Greene Y Grindley E Manner Y Harbin Y Harris
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 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 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 Ponder
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
Sinkfleld
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

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

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 901. By Representatives Mann of the 5th and Kinnamon of the 4th:
A resolution designating the General William A. Holland Parkway in Whitfield 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 Alien
Y Anderson Y Ashe

Y Bailey Baker
Y Bannister

Y Barfoot Bargeron
Y Barnard

Y Barnes
Bates Y Benefield

Y Birdsong Y Bordeaux
Bostick

682

JOURNAL OF THE HOUSE,

Y Breedlove Y Brooks, D Y Brooks, T 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
Connell Y Crawford Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YOU Y Dixon, H E Dixon, S Y Dobbs

Y Ehrhart YEpps
Evans Y Falls E Felton
Y Floyd YGodbee Y Golden
Goodwin Y Greene Y Grindley E Hanner Y Harbin Y Harris Y Heard
Y Heckstall Y Hegstrom
Y Hembree 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 Kinnamon
Y Klein YLadd
Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y 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
Orrock Y Parham Y Parrish
Y Parsons Pelote
Y Perry Y Pinholster Y Polak

Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph Ray
Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y 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 Smyre Y Snelling

YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall
Watson Watts Y Westmoreland 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 Resolution, the ayes were 145, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HR 826. By Representatives Coleman of the 142nd, Byrd of the 170th, Mosley of the 171st and Barfoot of the 155th:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.

The following amendment was read and adopted:
Representatives Byrd of the 170th, Barnard of the 154th and Barfoot of the 155th move to amend HR 826 as follows: By inserting on page 1 on line 26 after the word Georgia, the following "Altamaha" and the same on page 2, line 8.

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 Alien Y Anderson
Y Ashe Y Bailey
Baker Y Bannister Y Barfoot
Bargeron Y Barnard YBarnes
Bates

Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner

YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B

Y Coleman, T Connell
Y Crawford
Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G

YDix Y Dixon, H E Dixon, S
Y Dobbs Y Ehrhart
YEpps Evans
Y Falls E Felton Y Floyd Y Godbee

THURSDAY, FEBRUARY 8, 1996

683

Y Golden Good win
Y Greene Y Grindley E Manner Y Harbin Y Harris Y Heard Y Heckatall 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
Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord Y 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
Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Kandall 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
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
Stephenson Y Streat

Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Tumquest YTwiggs
Walker, L Y Walker, R.L Y Wall
Watson Watts Y Westmoreland Y Whitaker Y White E Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 148, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1319.

By Representatives Stanley of the 50th, Buck of the 135th, Orrock of the 56th, Holmes of the 53rd, Stanley of the 49th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific, business, and occupation taxes, so as to authorize the imposition and levy of certain excise taxes upon certain rental motor vehicles.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize the imposition and levy of cer tain excise taxes upon certain rental motor vehicles; to provide for legislative purpose and intent; to provide for definitions; to provide for the creation of special districts; to provide for the levy and collection of such taxes and for the use of the proceeds thereof; to provide for procedures, conditions, and limitations; to provide for statutory construction; to pro vide for reimbursements and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, busi ness, and occupation taxes, is amended by adding immediately following Article 4 thereof a new article to read as follows:
"ARTICLE 5
48-13-90. It is declared to be the purpose and intent of the General Assembly that:
(1) Each county and municipality in this state shall be authorized to levy certain excise taxes as provided in this article; and

684

JOURNAL OF THE HOUSE,

(2) Funds derived from such tax shall be made available for the purpose of promoting industry, trade, commerce, and tourism and for the provision of convention, trade, sports, and recreational facilities.
48-13-91. As used in this article, the term:
(1) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease includ ing, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales taxes. (2) 'Rental motor vehicle' means a motor vehicle designed to carry 10 or fewer passen gers and used for the transportation of persons that is rented or leased without a driver regardless of whether such vehicle is licensed in this state. (3) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value.
48-13-92. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Consti tution of this state, there are created within this state 159 special districts. One such district shall exist within the geographical boundaries of each county, and the territory of each district shall include all of the territory within the county except territory located within the boundaries of any municipality that imposes an excise tax on charges to the public for the rental or lease of rental motor vehicles under this article.
48-13-93. (a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the rental charge collected by a rental motor vehicle concern licensed by, required to pay business or occupation taxes to, or operating within the municipality. 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 rental charge collected by a rental motor vehicle concern licensed by, required to pay busi ness or occupation taxes to, or operating within the county. The tax levied pursuant to this Code section shall be levied or collected at the rate of 3 percent of the rental charges. The tax levied pursuant to this Code section shall be imposed only at the time when and place where a customer pays sales tax with respect to the rental charge. (2) A county or municipality levying an excise tax as provided in paragraph (1) of this subsection shall apply in each fiscal year during which the tax is collected such tax proceeds for the purpose of: (A) Promoting industry, trade, commerce, and tourism; or (B) The provision and maintenance of convention, trade, sports, and recreational facilities, including the funding, supporting, acquiring, constructing, renovating, improving, and equipping of parking facilities, pedestrian walkways, plazas, connec tions, and other public improvements associated with such convention, trade, sports, and recreational facilities. (3) Amounts collected pursuant to this Code section may be expended pursuant to a contract or contracts with a county, municipality, development authority, downtown development authority, urban redevelopment authority, recreation authority, or any combination of two or more of such entities. Nothing in this article shall be construed to limit the formation of intergovernmental contracts pursuant to the authority granted by Article IX, Section III, Paragraph I of the Constitution of this state to accomplish the purposes described in paragraph (2) of this subsection including the construction and maintenance of facilities located outside the special district within which the excise tax is levied and collected and which benefit the special district. (4) No tax shall be imposed under this article on the rental charge associated with the rental or lease of a rental motor vehicle if either:

THURSDAY, FEBRUARY 8, 1996

685

(A) The customer picks up the rental motor vehicle outside this state and returns it in this state; or (B) The customer picks up the rental motor vehicle in this state and returns it out side this state. (5) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (6) Any action by a local governing authority to impose the tax authorized under this Code section shall become effective no sooner than the first day of the month follow ing the month of its adoption by the local governing authority. (b) No tax under this article may be levied or collected by a county outside the territo rial limits of the special district located within the county.
48-13-94. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delin quent at the time of payment. The rate of deduction shall be 3 percent of the amount due but only if the amount due was not delinquent at the time of payment.
48-13-95. The manner of imposition, payment, and collection of the tax and all other procedures related to the tax shall be as provided by each county and municipality electing to exer cise the powers conferred by this article."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Murphy of the 18th, et al., was read:

A BILL
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize the imposition and levy of cer tain excise taxes upon certain rental motor vehicles; to provide for legislative purpose and intent; to provide for definitions; to provide for the creation of special districts; to provide for the levy and collection of such taxes and for the use of the proceeds thereof; to provide for procedures, conditions, and limitations; to provide for statutory construction; to pro vide for reimbursements and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, busi ness, and occupation taxes, is amended by adding immediately following Article 4 thereof a new article to read as follows:
"ARTICLE 5
48-13-90. It is declared to be the purpose and intent of the General Assembly that:
(1) Each county and municipality in this state shall be authorized to levy certain excise taxes as provided in this article; and (2) Funds derived from such tax shall be made available for the purpose of promoting industry, trade, commerce, and tourism; for the provision of convention, trade, sports, and recreational facilities; and for the provision of other local government services.

686

JOURNAL OF THE HOUSE,

48-13-91. As used in this article, the term:
(1) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease includ ing, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales taxes. (2) 'Rental motor vehicle' means a motor vehicle designed to carry 10 or fewer passen gers and used for the transportation of persons that is rented or leased without a driver regardless of whether such vehicle is licensed in this state. (3) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value.
48-13-92. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Consti tution of this state, there are created within this state 159 special districts. One such district shall exist within the geographical boundaries of each county, and the territory of each district shall include all of the territory within the county except territory located within the boundaries of any municipality that imposes an excise tax on charges to the public for the rental or lease of rental motor vehicles under this article.
48-13-93.
(a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. 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 rental charge collected by a rental motor vehicle concern when such charge consti tutes a taxable event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. The tax levied pursuant to this article shall be levied or collected at the rate of 3 percent of the rental charges. The tax levied pursuant to this article shall be imposed only at the time when and place where a customer pays sales tax with respect to the rental charge. The customer who pays a rental charge that is subject to a tax levied as provided in this article shall be liable for the tax. The tax shall be paid by the customer to the rental motor vehicle concern. The tax shall be a debt of the customer to the rental motor vehicle concern until it is paid and shall be recover able at law in the same manner as authorized for the recovery of other debts. The rental motor vehicle concern collecting the tax shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed on the rental motor vehicle concern. Every rental motor vehicle concern sub ject to a tax levied as provided in this article shall be liable for the tax at the applica ble rate on the charges actually collected or the amount of taxes collected from the customers whichever is greater. (2) A county or municipality levying an excise tax as provided in paragraph (1) of this subsection shall only levy such tax by ordinance which shall specify with particularity the authorized projects and purposes for which proceeds of the tax are to be expended and shall apply in each fiscal year during which the tax is collected such tax proceeds for the purpose of:
(A) Promoting industry, trade, commerce, and tourism; (B) Capital outlay projects consisting of the construction of convention, trade, sports, and recreational facilities, including the acquiring, constructing, renovating, improving, and equipping of parking facilities, pedestrian walkways, plazas, connec tions, and other public improvements associated with such convention, trade, sports, and recreational facilities or the retirement of debt issued with respect to such capi tal outlay projects; and

THURSDAY, FEBRUARY 8, 1996

687

(C) Maintenance and operation expenses associated with qualified capital outlay projects under subparagraph (B) of this paragraph; or (D) To the extent that 75 percent of the tax proceeds are committed to be used for purposes described in subparagraph (A), (B), or (C) of this paragraph, funding all or any portion of those purposes for which a county or municipality may expend funds pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution. (3) Amounts collected pursuant to this article may be expended pursuant to a con tract or contracts with a county, municipality, development authority, downtown development authority, urban redevelopment authority, recreation authority, or any combination of two or more of such entities. Nothing in this article shall be construed to limit the formation of intergovernmental contracts pursuant to the authority granted by Article IX, Section III, Paragraph I of the Constitution of this state to accomplish the purposes described in paragraph (2) of this subsection including the construction and maintenance of facilities located outside the special district within which the excise tax is levied and collected and which benefit the special district. (4) Any tax levied pursuant to this article shall terminate not later than December 31, 2038. Following the termination of the tax, any county or municipality which has levied a tax pursuant to this article shall not thereafter be again authorized to levy a tax under this article. (5) No tax shall be imposed under this article on the rental charge associated with the rental or lease of a rental motor vehicle if either: (A) The customer picks up the rental motor vehicle outside this state and returns it in this state; or (B) The customer picks up the rental motor vehicle in this state and returns it out side this state. (6) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (7) Any action by a local governing authority to impose the tax authorized under this Code section shall become effective no sooner than the first day of the month follow ing the month of its adoption by the local governing authority. (b) No tax under this article may be levied or collected by a county outside the territo rial limits of the special district located within the county.
48-13-94. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delin quent at the time of payment. The rate of deduction shall be 3 percent of the amount due but only if the amount due was not delinquent at the time of payment.
48-13-95. The manner of imposition, payment, and collection of the tax and all other procedures related to the tax shall be as provided by each county and municipality electing to exer cise the powers conferred by this article."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representative Childers of the 13th moves to amend the Floor substitute to H.B. 1319 by adding a new Section (c) to page 4, which shall read as follows:

688

JOURNAL OF THE HOUSE,

"provided, however, at least twenty-five (25) percent of the taxes collected under this act shall be used for the relief of wastewater and treatment enforcement orders issued by any governmental agency or court of law."

Representative Alien of the 117th moves to amend the Floor substitute to HB 1319 by inserting between "purpose" and "of on line 27 of page 1 the following:
"of financing corrective measures to alleviate sanitary sewer, waste-water treatment, water pollution, hazardous or chemical waste violations, and only upon the completion thereof, for the purpose".
By adding after "district" on line 18 of page 4 the following:
"Provided, however, that any county or municipality which is under an order, agree ment, or prohibition from the Environmental Protection Division of the Department of Natural Resources, any other state or federal department or agency, or court of competent jurisdiction with respect to sanitary sewer, waste-water treatment, or water pollution hazardous or chemical waste violations shall use such tax proceeds solely for the purpose of financing corrective measures to alleviate such violations. Any such county or municipality shall not be authorized to expend such proceeds for any pur pose under subparagraph (A), (B), or (C) of this paragraph unless and until such order, agreement, or prohibition has been satisfied, which may include the costs asso ciated with relocating the citizens in the affected area.
(4) Amounts collected pursuant to this Code section may be expended for purposes authorized under subparagraph (A), (B), (C) or (D) of paragraph (2) of this subsection pursuant to a contract or contracts with a".
By renumbering 4, 5, 6 and 7 as 5, 6, 7 and 8.

The following amendments were read and adopted:

Representative Teper of the 61st moves to amend the Floor substitute to HB 1319 as fol lows:
Page 1 line 20 after "48-13-90." insert the words "Purpose and intent." and
Page 1 line 31 after "48-13-91." insert the word "Definitions."

Representative Culbreth of the 132nd, et al. move to amend the Floor substitute to HB 1319 by striking the quotation marks at the end of Code Section 48-13-95 and immediately preceding Section 2 and inserting the following:
"48-13-96.
As a part of the audit report required under Code Section 36-81-7, the auditor shall include, in a separate schedule, a report of the revenues and expenditures pertaining to the tax under this article.'"

The following amendment was read:

Representative Bailey of the 93rd moves to amend the Floor substitute to HB 1319 by striking the word "or" at the end of line 29 on page 4.
By striking the period at the end of line 31 of page 4 and inserting in lieu thereof "; or".
By adding between lines 31 and 32 on page 4 the following:

THURSDAY, FEBRUARY 8, 1996

689

"(C) The customer holds a valid Georgia driver's license.".

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

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

N Crews N Culbreth N Cummings N Davis, G Y Davis, M
NDay N DeLoach, B Y DeLoach, G YDix
Diion, H
E Dixon, S N Dobbs Y Ehrhart
Epps Y Evans Y Falls E Felton N Floyd NGodbee N Golden
Good win N Greene Y Grindley
E Banner Y Harbin Y Harris N Heard N Heckatall N Hegstrom Y Hembree
N Henson N Holland
N Holmes N Howard N Hudson N Hugley

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

N Parrish N Parsons
Pelote N Perry
Pinholster N Polak N Ponder N Porter N 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 N Scoggins N Shanahan NShaw N Sherrill
N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 51, nays 107. The amendment was lost.

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

The following amendment was read:
Representative Burkhalter of the 41st moves to amend the Floor substitute to HB 1319 as follows:
By adding after the period on line 10 of page 4 the following:
"If the amounts collected are to be expended, directly or indirectly, for any sports or recreational facility or public improvements associated with any such facility and such facility is to replace another facility which is to be demolished and the facility to be demolished had been leased by any professional sports franchise for at least two of the five years immediately preceding such demolition, the owners or operators of the replacement facility shall make reasonable attempts to accommodate the needs of each such franchise; otherwise, such amounts collected may not be used for such facilities or public improvements associated therewith."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
N Anderson N Ashe

N Bailey
N Baker Y Bannister

N Barfoot Y Bargeron Y Barnard

Y Barnes
Bates N Benefleld

N Birdsong N Bordeaux
Y Bostick

690

JOURNAL OF THE HOUSE,

Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty N Carter N Chambless N Channell N Childers Y Coker
Y Coleman, B Y Coleman, T N Connell Y Crawford Y Crews N Culbreth
Cummings N Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G YDix
Dixon, H E Dixon, S Y Dobbs

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

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

N Ponder N Porter N Poston Y Powell N Purcell, A N Purcell, B NRandall N Randolph
YRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins Y Shanahan
Shaw Y Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W NSmyre Y Snelling

YSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague N Teper
Thomas N Tillman
N Titus Y Towery Y Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L N 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

On the adoption of the amendment, the ayes were 82, nays 79. The amendment was adopted.

Representative Buck of the 135th moved that the House reconsider its action in adopting the Burkhalter amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe Y Bailey Y Baker
N Bannister Y Barfoot N Bargeron N Barnard N Barnes
Bates Y Benefield Y Birdsong Y Bordeaux N Bostick
Breedlove N Brooks, D N Brooks, T N Brown, J N Brush
YBuck Y Buckner NBunn N Burkhalter NByrd N Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers
Coker

N Coleman, B N Coleman, T Y Connell N Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G NDix
Dixon, H E Dizon, S Y Dobbs NEhrhart N Epps N Evans N Falls
E Felton N Floyd Y Godbee N Golden
Goodwin
N Greene N Grindley E Hanner N Harbin N Harris Y Heard Y Heckstall

Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
N James Jamieson
N Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye
Kinnamon N Klein YLadd N Lakly N Lane N Lawrence
YLee N Lewis Y Lifsey NLord
Lucas N Maddox NMann Y Martin

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

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

THURSDAY, FEBRUARY 8, 1996

691

N Titus N Towery N Trense Y Tumquest

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

Y Watson 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 79, nays 83. The motion was lost.

The following amendment was read:

Representative Barnes of the 33rd moves to amend the Floor substitute to HB 1319 by inserting between "purpose" and "of on line 27 of page 1 the following:
"of financing corrective measures to alleviate sanitary sewer, waste-water treatment, or water pollution violations, and only upon the completion thereof, for the purpose".
By adding after "district" on line 18 of page 4 the following:
"Provided, however, that any county or municipality which is under an order, agree ment, or prohibition from the Environmental Protection Division of the Department of Natural Resources, any other state or federal department or agency, or court of competent jurisdiction with respect to sanitary sewer, waste-water treatment, or water pollution violations shall use such tax proceeds solely for the purpose of financing cor rective measures to alleviate such violations. Any such county or municipality shall not be authorized to expend such proceeds for any purpose under subparagraph (A), (B), or (C) of this paragraph unless and until such order, agreement, or prohibition has been satisfied.
(4) Amounts collected pursuant to this Code section may be expended for purposes authorized under subparagraph (A), (B), (C) or (D) of paragraph (2) of this subsection pursuant to a contract or contracts with a".
By renumbering 4, 5, 6 and 7 as 5, 6, 7 and 8.

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

Y Alien N Anderson N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard Y Barnes
Bates N Benefield N Birdsong N Bordeaux
N Bostick Breedlove
Y Brooks, D
N Brooks, T Y Brown, J Y Brush N Buck N Buckner Y Bunn Y Burkhalter N Byrd
N Campbell Y Canty N Carter

N Chambless N Channell Y Childera Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
Day
Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H E Dixon, S N Dobbs Y Ehrhart Y Epps Y Evans Y Falls E Felton
Y Floyd N Godbee N Golden

Goodwin Y Greene Y Grindley E Manner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hernbree N Henson Y Holland N Holmes Y Howard
N Hudson N Hugley N Irvin
N James Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce
Y Kaye Kinnamon
Y Klein

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

Y Pinholster N Polak N Ponder N Porter Y Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph Y Ray N Reaves N Reichert N Roberts
N Rogers N Royal Y Sanders
Y Sauder N Scoggins N Shanahan N Shaw N Sherrill N Shipp N Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W

692

JOURNAL OF THE HOUSE,

N 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 N Streat N Taylor

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

N Twiggs N Walker, L Y Walker, R.L
N Wall N Watson
Watts Y Westmorland Y Whitaker

On the adoption of the amendment, the ayes were 67, nays 95. The amendment was lost.

N White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

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 Alien Y Anderson YAshe Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnard N Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove N Brooks, D N Brooks, T Y Brown, J N Brush YBuck Y Buckner NBunn N 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 Crawford

Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G NDix
Dixon, H E Dixon, S Y Dobbs N Ehrhart Y Epps N Evans N Falls E Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene N Grindley E Manner N Harbin N Harris 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 N Jenkins N Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye
Kinnamon N Klein YLadd N Lakly YLane Y Lawrence YLee N Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin
Y McBee Y McCall
McClinton N McKinney N Mills Y Mobley, B
Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons
Pelote N Perry N Pinholster Y Polak Y Ponder
Y Porter N Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall
Y Randolph NRay 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 N Smith, P
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
N Teague Y Teper
Thomas Y Tillman N Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L
Wall Y Watson
Watts N Westmorland Y Whitaker Y White N Wiles
Williams, B N Williams, J N Williams, R
Y Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

THURSDAY, FEBRUARY 8, 1996

693

House of Representatives Atlanta, Georgia 30334
Explanation of vote on HB 1319
I voted in favor of this bill because it is enabling legislation that permits county and local governments to enact a sales tax on rental cars and apply the proceeds in such a way as to promote Georgia's largest industry; tourism. It increases local control, in that it does not necessarily pass a tax increase, but merely allows lower level governments to do so, subject to their own accountability to the people that they represent. It is my perception that because of the financial obligations associated with the Marietta Hotel and Confer ence Center, this optional source of revenue may be useful in ensuring that adequate funds are available to maintain or enhance public safety, especially in the lower income or higher crime neighborhoods of the city.
/s/ Jim Woods

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.

694

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 9, 1996

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 Raymond Andrews, Pastor, Raines Baptist Church, Dawson, 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 1644. By Representative Martin of the 47th: A bill to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in crimi nal proceedings may be taken, so as to provide for the preservation of evi dence of nonresident aliens.
Referred to the Committee on Judiciary.
HB 1645. By Representatives Williams of the 114th and Brooks of the 54th: A bill to amend Article 4A of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to cashing checks, drafts, or money orders for consideration, so as to change the maximum percentage a business may charge to cash a check.
Referred to the Committee on Banks & Banking.

FRIDAY, FEBRUARY 9, 1996

695

HB 1646. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act establishing the State Court of Bryan County, so as to change the terms of court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1647. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-15 of the Official Code of Georgia Anno tated, relating to criminal and civil penalties under "The Retail Installment and Home Solicitation Sales Act," so as to provide that a seller or holder shall not be liable under said Act if the seller or holder can show by a pre ponderance of the evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error.
Referred to the Committee on Industry.

HB 1648. By Representatives Martin of the 47th, Childers of the 13th, Culbreth of the 132nd and Jenkins of the 110th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to exceptions to licensing requirements for professional coun selors, social workers, or marriage and family therapists, so as to provide for an additional exception with respect to persons who are training to be addic tion counselors.
Referred to the Committee on Health & Ecology.

HB 1649. By Representatives Twiggs of the 8th, Mobley of the 86th, Jenkins of the 110th, Streat of the 167th, Coker of the 31st and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to sheriffs, so as to prohibit the unauthorized use of any sher iff department's nomenclature or symbols.
Referred to the Committee on Public Safety.

HB 1651. By Representative Birdsong of the 123rd:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Anno tated, relating to the application of the rules of the road to vehicles on high ways and various exceptions to such application, so as to provide that the provisions of Chapter 6 of Title 40 relating to feticide by vehicle as provided in Code Section 40-6-393.1 shall apply to vehicles operated upon highways and elsewhere throughout the state.
Referred to the Committee on Motor Vehicles.

HB 1652. By Representatives Brush of the 112th and Williams of the 83rd:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessments of educational programs, so as to change cer tain provisions regarding curriculum-based assessments.
Referred to the Committee on Education.

696

JOURNAL OF THE HOUSE,

HB 1653. By Representatives Reichert of the 126th and Murphy of the 18th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to state employees' insurance and benefit plans, so as to pro vide for a state pooling arrangement through contracts with insurers and others to make available health care coverage to residents of this state.
Referred to the Committee on Insurance.

HB 1654. By Representatives Polak of the 67th, Chambless of the 163rd, Smyre of the 136th, Walker of the 141st, Jamieson of the 22nd and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within any real property which has been designated by the governing authority of a municipality and adopted by the General Assembly as a drugfree commercial zone.
Referred to the Committee on Judiciary.

HR 971. By Representative Bunn of the 74th:
A resolution proposing an amendment to the Constitution so as to reduce the number of members of the House of Representatives; to provide for reapportionment and election.
Referred to the Committee on Rules.

HR 972. By Representatives Smith of the 19th, Irvin of the 45th, Ehrhart of the 36th, Westmorland of the 104th, Snelling of the 99th and others:
A resolution proposing an amendment to the Constitution so as to establish limitations upon appropriations by the General Assembly and require the refund of excess revenues and the reduction in income tax rates.
Referred to the Committee on Appropriations.

HR 973. By Representative Barnes of the 33rd: A resolution compensating Mr. Terry Wanzer.
Referred to the Committee on Appropriations.

HR 980. By Representatives Reaves of the 178th, Floyd of the 138th, Hudson of the 156th, Royal of the 164th and James of the 140th:
A resolution petitioning the President of the United States and the Congress of the United States to rescind and remove any action that would give the Food and Drug Administration regulatory powers over the tobacco industry.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 981. By Representatives Felton of the 43rd, Lane of the 146th, Barnes of the 33rd, Walker of the 141st, Smith of the 175th and others:
A resolution requesting Congress to devolve the unemployment insurance system back to state control.
Referred to the Committee on Industrial Relations.

FRIDAY, FEBRUARY 9, 1996

697

HR 982. By Representatives Coleman of the 142nd, Shaw of the 176th, Royal of the 164th, Golden of the 177th, Parrish of the 144th and others:
A resolution designating the Downing E. Musgrove Causeway.
Referred to the Committee on Transportation.

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 1660. By Representative Shanahan of the 10th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that there shall be no limitation on the investment in equities and in defined contribution retirement plans.
Referred to the Committee on Retirement.

HB 1663. By Representative Williams of the 83rd:
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 for the issuance of a dis tinctive license to any person who is convicted of or who pleads nolo contendere to a charge of driving under the influence of alcohol or drugs; to provide for fees; to prohibit any person from selling, renting, leasing, or loan ing a vehicle to any person who is a habitual violator as a result of alcohol or drugs.
Referred to the Committee on Special Judiciary.

HB 1666. By Representative Williams of the 83rd:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Anno tated, relating to periods of driver's license suspension and conditions of return of license for certain offenders, so as to provide for the issuance of distinctive license to any person who is convicted of or who pleads nolo con tendere to a charge of driving under the influence of alcohol or drugs.
Referred to the Committee on Special Judiciary.

HB 1667. By Representative Lee of the 94th:
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 antique hobby aircraft.
Referred to the Committee on Ways & Means.

HR 991. By Representatives Williams of the 83rd, Jamieson of the 22nd, Walker of the 141st, Buck of the 135th, Irvin of the 45th and others:
A resolution proposing an amendment to the Constitution so as to provide that a tax refund or rebate or waiver of taxes pursuant to a general tax law provided to any individual or corporation in any taxable year which does not exceed the total amount of taxes paid by any such individual or corporation to the state and political subdivisions of the state during such taxable year shall not be deemed a gratuity.
Referred to the Committee on Ways & Means.

698

JOURNAL OF THE HOUSE,

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

HB 1627 HB 1628 HB 1629
HB 1630 HB 1631 HB 1632
HB 1633 HB 1634 HB 1636
HB 1637 HB 1639 HB 1640

HB 1641 HB 1642 HB 1643
HB 1650 HR 961 HR 969
HR 970 SB 435 SB 516
SB 517 SB 518 SB 624

Representative Golden of the 177th District, Vice-Chairman of the Committee on Reg ulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages 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 239 Do Pass, by Substitute HB 1625 Do Pass SB 585 Do Pass, by Substitute
Respectfully submitted, /s/ Golden of the 177th
Vice-Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1615 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:

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

HB 1229 Do Pass, by Substitute HB 1399 Do Pass, by Substitute HB 1501 Do Pass, by Substitute

HB 1553 Do Pass, by Substitute HB 1586 Do Pass

FRIDAY, FEBRUARY 9, 1996

699

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 9, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enu merated below:

HB 838 HB 1156 HB 1198 HB 1278 HB 1326 HB 1327 HB 1355 HB 1383 HB 1506

Insurance; risk-based capital levels; provisions North Georgia College ROTC; nonresident students; fees Charitable contributions; solicitation on highways Common-law marriage; prohibit; exception Corporations; redefine profession; add pharmacy Golf Hall of Fame; tax exempt nonprofit corporation Housing authorities; private enterprise agreements; tax exemp Laws and statutes; certain compensation increases; effective date Electric assisted bicycles on bicycle paths; provisions

HR 819 Buford C. Gilliard Bridge; designate

SR 85 Interstate 85 - designate portion as Veterans Parkway (Day of the 48th)

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

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

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

HB 1615.

By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act entitled "An Act establishing a City Court in the County of Clarke," formerly known as the State Court of Clarke County, so as to repeal certain provisions relating to an additional judge for such court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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

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

700

JOURNAL OF THE HOUSE,

HB 1529. By Representatives Smith of the 109th, Sanders of the 107th and Maddox of the 108th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to the compensation and expenses of the mayor and members of the City Council.

HB 1548. By Representative Coleman of the 142nd:
A bill to change the interest rates on bonds, notes, or other obligations of the Dodge County-Eastman Development Authority.

SB 504. By Senator Henson of the 55th:
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; to amend an Act providing for the exemption of drivers 21 years of age.

SB 631. By Senator Harbison of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institu tions, so as to provide that any medical facility which provides treatment to any person shall, upon the request of such person treated, provide a state ment disclosing certain information applicable to such facility; to define a certain term.

SB 655. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Code Section 2-12-2 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Article 1 of Chapter 12 of Title 2, known as the "Georgia Plant Food Act of 1989," so as to change the defi nition of the term "guaranteed analysis".

SB 671. By Senator Thomas of the 10th:
A bill to amend Article 3 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to physical examination of state employees, so as to change provisions relating to medical and physical fitness requirements for state employees and prospective state employees; to eliminate references to the State Employees' Health Service of the Department of Human Resources.

SB 672. By Senators Johnson of the 2nd, Johnson of the 1st, Hill of the 4th and oth ers:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Trans fer at the School of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members.

FRIDAY, FEBRUARY 9, 1996

701

SB 678. By Senators Perdue of the 18th, Marable of the 52nd, Madden of the 47th and others:
A bill to amend an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the provision relating to carrying a concealed weapon; to prohibit the concealed carrying of a pistol, revolver, or concealable firearm under certain conditions.

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

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

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

SB 504. By Senator Henson of the 55th:
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; to amend an Act providing for the exemption of drivers 21 years of age.
Referred to the Committee on Motor Vehicles.

SB 631. By Senator Harbison of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institu tions, so as to provide that any medical facility which provides treatment to any person shall, upon the request of such person treated, provide a state ment disclosing certain information applicable to such facility; to define a certain term.
Referred to the Committee on Health & Ecology.

SB 655. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Code Section 2-12-2 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Article 1 of Chapter 12 of Title 2, known as the "Georgia Plant Food Act of 1989," so as to change the defi nition of the term "guaranteed analysis".
Referred to the Committee on Agriculture & Consumer Affairs.

702

JOURNAL OF THE HOUSE,

SB 671. By Senator Thomas of the 10th:
A bill to amend Article 3 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to physical examination of state employees, so as to change provisions relating to medical and physical fitness requirements for state employees and prospective state employees; to eliminate references to the State Employees' Health Service of the Department of Human Resources.
Referred to the Committee on State Planning & Community Affairs.

SB 672. By Senators Johnson of the 2nd, Johnson of the 1st, Hill of the 4th and oth ers:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Trans fer at the School of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members.
Referred to the Committee on University System of Georgia.

SB 678. By Senators Perdue of the 18th, Marable of the 52nd, Madden of the 47th and others:
A bill to amend an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the provision relating to carrying a concealed weapon; to prohibit the concealed carrying of a pistol, revolver, or concealable firearm under certain conditions.
Referred to the Committee on Public Safety.

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 Retirement:

SB 435. By Senator Abernathy of the 38th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and cer tain county employees, so as to define certain terms; to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county juvenile detention services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system.

Representative Maddox of the 108th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1579. 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 chairperson of said board.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, FEBRUARY 9, 1996

703

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

Y Crews Y Culbreth
Y Cunainings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H
Dixon, S NDobbs
Ehrhart NEpps Y Evans Y Falls Y Felton N Floyd NGodbee
Golden Y Goodwin
Greene Y Grindley E Manner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard N Hudson Y Hugley

Ylrvin Y James N Jamieson
N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee Y Lewis Y Lifsey
Lord Lucas Y Maddox YMann N Martin N McBee NMcCaJl McClinton Y McKinney Y Mills Mobley, B N Mobley, J N Mosley Y Mueller O'Neal N Orrock N Parham

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

Y Smith, W YSmyre Y Snelling
Snow N Stallings
Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Streat Y Taylor Teague NTeper Y Thomas YTillman Y Titus Y Towery Y Trense Turnquest NTwiggs N Walker, L Y Walker, R.L Wall N Watson N 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 83, nays 62. The motion prevailed.

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

HR 983. By Representative Parham of the 122nd:
A resolution commending the Garden Club of Georgia, Incorporated, and inviting Mrs. Wilbur Jordan, President, and Mrs. Jake Goldstein, Legislative Chairwoman, to appear before the House of Representatives.

HR 984. By Representative Lane of the 146th: A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Rep resentatives.
HR 986. By Representatives Walker of the 141st, Watson of the 139th, Floyd of the 138th, Ray of the 128th, Hudson of the 156th and others: A resolution commending Ms. Hillary Smith and inviting her to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 985. By Representatives Walker of the 141st, Royal of the 164th, Godbee of the 145th, Smith of the 175th, Taylor of the 134th and others: A resolution commending the Professional Association of Georgia Educators (PAGE) Foundation, the Georgia Institute of Technology (Georgia Tech), and the directors of the United States Academic Decathlon (USAD).

704

JOURNAL OF THE HOUSE,

HR 989. By Representative Lee of the 94th:
A resolution commending and recognizing the 1995 Forest Park Christian School Girls' Volleyball Team.

HR 990. By Representatives Coleman of the 142nd, Hudson of the 156th, Porter of the 143rd, Barfoot of the 155th, Watson of the 139th and others:
A resolution commending the Middle Georgia College Warriors baseball team.

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

HB 1383.

By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Anno tated, relating to laws and statutes, so as to change certain provisions regard ing the effective date of compensation increases for certain county officers; to provide for a uniform effective date for all Acts which provide for an increase in expenditure by or loss of revenue to counties or municipalities.

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 Alien
Y Anderson Ashe Bailey
Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard YBames E Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter
Y Cbambless Y Channell Y Childere Y Coker
Y Coleman, B Y Coleman, T Y Cornell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G
YOU Y Dixon, H
Dixon, S Y Dobbs
Ehrhart YEpps
Evans Y Palls Y Pelton Y Floyd Y Godbee
Golden Y Goodwin
Greene Y Grindley E Hanner Y Harbin Y Harris
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
Klein YLadd YLakly
YLane Y Lawrence YLee Y Lewis
Lifsey
Y Lord Lucas
Y Maddox YMann
Martin Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Eandall 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
Smith, T Y Smith, V

On the passage of the Bill, the ayes were 148, nays 0.

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

FRIDAY, FEBRUARY 9, 1996

705

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

HB 1198.

By Representatives Barnard of the 154th, Street of the 167th, Dixon of the 150th, Benefield of the 96th and Mueller of the 152nd:
A bill to amend Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, so as to authorize municipal ordinances for the issuance of permits to certain charita ble organizations for the solicitation of contributions on the streets and high ways within the corporate limits.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, so as to authorize municipal and county ordi nances for the issuance of permits to certain charitable organizations for the solicitation of contributions on the streets and highways; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, is amended by striking in its entirety Code Section 40-6-97 and inserting in lieu thereof the following:
"40-6-97.
(a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) Except as provided in Code Section 40-6-97.1, no Ne person shall stand on a high way for the purpose of soliciting employment, business, or contributions from the occu pant of any vehicle. (c) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
40-6-97.1. Municipal or county governments are authorized to adopt ordinances for the issuance of permits for the solicitation of contributions on streets and highways within the geo graphic jurisdiction of such government to charitable organizations registered in accord ance with Code Section 43-17-5 and to charitable organizations exempt from such registration in accordance with Code Section 43-17-9."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1156.

By Representatives Purcell of the 9th and Smyre of the 136th:
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 North Georgia College Reserve Officers' Training Corps Grant Program, so as to provide that tui tion charges for nonresident students enrolled in the ROTC program at North Georgia College shall be the same as tuition charges for resident stu dents.

706

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 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1355.

By Representatives Holmes of the 53rd, Stanley of the 50th, Sinkfield of the 57th, Ladd of the 59th, Trense of the 44th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authori ties and their property from taxes and special assessments; to change provi sions relating to the renting of housing units.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1355 by striking in its entirety line 18 of page 1 and inserting in lieu thereof the following:
"It is declared that there exist in the state insanitary unsanitary". By striking in its entirety line 33 of page 1 and inserting in lieu thereof the following:
"facilities; that these alum distressed areas cannot be cleared, nor". By striking in its entirety line 7 of page 2 and inserting in lieu thereof the following:
"which insanitary unsanitary or unsafe housing conditions exist and".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1327.

By Representative Connell of the 115th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to authorize the Georgia Golf Hall of Fame Board to apply for federal tax exempt status under Section 501 (C) (3) of the Internal Revenue Code of 1986; to provide for the applicability of nonprofit corporation status to 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 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1506. By Representative Lee of the 94th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to permit the operation of electric assisted bicycles on bicycle paths.

FRIDAY, FEBRUARY 9, 1996

707

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 838. By Representatives Culbreth of the 132nd, Lord of the 121st, Heard of the 89th and Williams of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide for the submission of reports by insurers of risk-based capital levels; to provide for the computa tion of risk-based capital levels for various kinds of insurers.

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide for the submission of reports by insurers of risk-based capital levels; to provide for the computation of risk-based capital levels for various kinds of insurers; to provide for administrative hearings and procedures relative to such hearings; to provide for risk-based capital plans to be submitted by insurers to the Commissioner of Insurance; to provide for the content of reports and plans; to provide for the filing of reports and plans with insurance commissioners of other states and with the National Association of Insurance Commissioners; to authorize examinations by the Commissioner of Insurance and the issuance of orders for corrective actions to be taken by insurers; to provide for the authority of the Commissioner of Insurance to take actions pursuant to Chapter 37 of this title; to provide for the confidentiality of certain information and cor rective orders; to provide for legislative intent and purpose; to prohibit certain actions rel ative to advertising or publishing information regarding risk-based capital levels; to provide for construction; to authorize rules and regulations; to authorize exemptions for domestic property and casualty insurers which meet certain requirements; to provide for immunity from suit for the Commissioner of Insurance and the Insurance Department; to provide for severability; to provide for the effectiveness of notices; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 56 to read as follows:
"CHAPTER 56
33-56-1.
As used in this chapter, the term: (1) 'Adjusted RBC report' means an RBC report which has been adjusted in accord ance with subsection (e) of Code Section 33-56-2. (2) 'Corrective order' means an order issued by the Commissioner specifying correc tive actions which the Commissioner has determined are required. (3) 'Domestic insurer' means an insurer as defined in paragraph (4) of Code Section 33-3-1.
(4) 'Foreign insurer' means any insurance company which is licensed to do business in this state under Chapter 3 of this title, but is not a domestic insurer. (5) 'Life and health insurer' means any insurance company licensed to write insurance as defined in Code Section 33-7-2 or 33-7-4 or a licensed property and casualty insurer writing only accident and health insurance.

708

JOURNAL OF THE HOUSE,

(6) 'NAIC' means the National Association of Insurance Commissioners. (7) 'Negative trend' means, with respect to a life and health insurer, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the RBC instructions. (8) 'Property and casualty insurer' means any insurance company licensed to write insurance as defined in Code Section 33-7-3 or 33-7-6 but shall not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers. (9) 'RBC' means risk-based capital. (10) 'RBC instructions' means the RBC report including risk-based capital instruc tions adopted by the NAIC, as such RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. (11) 'RBC level' means an insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:
(A) 'Authorized control level RBC' means the number determined under the riskbased capital formula in accordance with the RBC instructions; (B) 'Company action level RBC' means, with respect to any insurer, the product of 2.0 and its authorized control level RBC; (C) 'Mandatory control level RBC' means the product of .70 and the authorized control level RBC; and (D) 'Regulatory action level RBC' means the product of 1.5 and its authorized con trol level RBC. (12) 'RBC plan' means a comprehensive financial plan containing the elements speci fied in subsection (b) of Code Section 33-56-3. If the Commissioner rejects the RBC plan and it is revised by the insurer, with or without the Commissioner's recommenda
tion, the plan shall be called the revised RBC plan. (13) 'RBC report' means the report required in Code Section 33-56-2. (14) 'Total adjusted capital' means the sum of:
(A) An insurer's statutory capital and surplus; and (B) Such other items, if any, as the RBC instructions may provide.
33-56-2.
(a) Every domestic insurer shall, on or prior to each March 1, prepare and submit to the Commissioner a report of its RBC levels, as of the end of the previous calendar year, containing such information as is required by the RBC instructions. In addition, every domestic insurer shall file its RBC report:
(1) With the NAIC in accordance with the RBC instructions; and (2) With the insurance commissioner in any state in which the insurer is authorized to do business, if the insurance commissioner has notified the insurer of its request in writing, in which case the insurer shall file its RBC report not later than the later of:
(A) Fifteen days from the receipt of notice to file its RBC report with that state; or (B) March 1. (b) A life and health insurer's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between: (1) The risk with respect to the insurer's assets; (2) The risk of adverse insurance experience with respect to the insurer's liabilities and obligations; (3) The interest rate risk with respect to the insurer's business; and (4) All other business risks and such other relevant risks as are set forth in the RBC instructions, determined in each case by applying the factors in the manner set forth in the RBC instructions. (c) A property and casualty insurer's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between: (1) Asset risk;

FRIDAY, FEBRUARY 9, 1996

709

(2) Credit risk; (3) Underwriting risk; and (4) All other business risks and such other relevant risks as are set forth in the RBC instructions, determined in each case by applying the factors in the manner set forth in the RBC instructions. (d) An excess of capital over the amount produced by the risk-based capital require ments contained in the chapter and the formulas, schedules, and instructions referenced in this chapter is desirable in the business of insurance. Accordingly, insurers should seek to maintain capital above the RBC levels required by this chapter. Additional capi tal is useful in the insurance business and helps to secure an insurer against various risks inherent in or affecting the business of insurance and is not accounted for or only partially measured by the risk-based capital requirements contained in this chapter. (e) If a domestic insurer files an RBC report which in the judgment of the Commis sioner is inaccurate, then the Commissioner shall adjust the RBC report and notify the insurer of the inaccuracy. The notice shall contain a statement of the reason for the inaccuracy. The insurer must, within 30 days, correct the inaccuracy or request a hear ing. If the insurer fails to correct the inaccuracy or to request a hearing, the Commis sioner may order a hearing to determine the corrections that are necessary. An RBC report adjusted in accordance with this subsection is referred to as an adjusted RBC report.
33-56-3.
(a) As used in this Code section, a company action level event means any of the follow ing events:
(1) The filing of an RBC report by an insurer which indicates that: (A) The insurer's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; or (B) If a life and health insurer, the insurer has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 2.5 and has a negative trend;
(2) The notification by the Commissioner to the insurer of an adjusted RBC report that indicates an event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; or (3) If, pursuant to Code Section 33-56-7, an insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. (b) In the event of a company action level event, the insurer shall prepare and submit to the Commissioner an RBC plan which shall: (1) Identify the conditions which contribute to the company action level event; (2) Contain proposals of corrective actions which the insurer intends to take and would be expected to result in the elimination of the company action level event; (3) Provide projections of the insurer's financial results in the current year and at least the four succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory operating income, net income, capital and surplus, or surplus; (4) Identify the key assumptions impacting the insurer's projections and the sensitiv ity of the projections to the assumptions; and (5) Identify the quality of, and problems associated with, the insurer's business, including but not limited to its assets, anticipated business growth and associated sur plus strain, extraordinary exposure to risk, mix of business, and use of reinsurance, if any, in each case. (c) An RBC plan shall be submitted: (1) Within 45 days of the company action level event; or (2) If the insurer challenges an adjusted RBC report pursuant to Code Section 33-56-7, within 45 days after notification to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge.

710

JOURNAL OF THE HOUSE,

(d) Within 60 days after the submission by an insurer of an RBC plan to the Commis sioner, the Commissioner shall notify the insurer whether the RBC plan shall be imple mented or is, in the judgment of the Commissioner, unsatisfactory. If the Commissioner determines the RBC plan is unsatisfactory, the notification to the insurer shall set forth the reasons for the determination and may set forth proposed revisions which will render the RBC plan satisfactory in the judgment of the Commissioner. Upon notifica tion from the Commissioner, the insurer shall prepare a revised RBC plan, which may incorporate by reference any revisions proposed by the Commissioner, and shall submit the revised RBC plan to the Commissioner:
(1) Within 45 days after the notification from the Commissioner; or
(2) If the insurer challenges the notification from the Commissioner under Code Sec tion 33-56-7, within 45 days after a notification to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. (e) In the event of a notification by the Commissioner to an insurer that the insurer's RBC plan or revised RBC plan is unsatisfactory, the Commissioner may at the Commis sioner's discretion, subject to the insurer's right to a hearing under Code Section 33-56-7, specify in the notification that the notification constitutes a regulatory action level event.
(f) Every domestic insurer which files an RBC plan or revised RBC plan with the Com missioner shall file a copy of the RBC plan or revised RBC plan with the insurance com missioner in any state in which the insurer is authorized to do business if:
(1) Such state has an RBC provision substantially similar to subsection (a) of Code Section 33-56-8; and (2) The insurance commissioner of that state has notified the insurer of its request for the filing in writing, in which case the insurer shall file a copy of the RBC plan
or revised RBC plan in that state no later than the later of: (A) Fifteen days after the receipt of notice to file a copy of its RBC plan or revised
RBC plan with the state; or (B) The date on which the RBC plan or revised RBC plan is filed under subsection
(c) or (d) of this Code section.
33-56-4.
(a) For the purposes of this Code section, a regulatory action level event means, with respect to any insurer, any of the following events:
(1) The filing of an RBC report by the insurer which indicates that the insurer's total
adjusted capital is greater than or equal to its authorized control level RBC but less
than its regulatory action level RBC; (2) The notification by the Commissioner to an insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided the insurer does
not challenge the adjusted RBC report under Code Section 33-56-7; (3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC
report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected
the insurer's challenge; (4) The failure of the insurer to file an RBC report by the filing date, unless the insurer has provided an explanation for such failure which is satisfactory to the Com
missioner and has corrected the failure within ten days after the filing date; (5) The failure of the insurer to submit an RBC plan to the Commissioner within the
time period set forth in subsection (c) of Code Section 33-56-3; (6) Notification by the Commissioner to the insurer that:
(A) The RBC plan or revised RBC plan submitted by the insurer is, in the judg
ment of the Commissioner, unsatisfactory; and (B) Such notification constitutes a regulatory action level event with respect to the
insurer, provided the insurer has not challenged the determination under Code Sec tion 33-56-7; (7) If, pursuant to Code Section 33-56-7, the insurer challenges a determination by
the Commissioner under paragraph (6) of this subsection, the notification by the Com missioner to the insurer that the Commissioner has, after a hearing, rejected such challenge;

FRIDAY, FEBRUARY 9, 1996

711

(8) Notification by the Commissioner to the insurer that the insurer has failed to adhere to its RBC plan or revised RBC plan, but only if such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event in accordance with its RBC plan or revised RBC plan and the Commissioner has so stated in the notification, provided the insurer has not challenged the determination
under Code Section 33-56-7; or (9) If, pursuant to Code Section 33-56-7, the insurer challenges a determination by the Commissioner under paragraph (8) of this subsection, the notification by the Com missioner to the insurer that the Commissioner has, after a hearing, rejected the chal
lenge. (b) In the event of a regulatory action level event, the Commissioner shall:
(1) Require the insurer to prepare and submit an RBC plan or, if applicable, a revised
RBC plan; (2) Perform such examination or analysis as the Commissioner deems necessary of the assets, liabilities, and operations of the insurer including a review of its RBC plan or revised RBC plan; and (3) Subsequent to the examination or analysis described in paragraph (2) of this sub section, issue an order specifying such corrective actions as the Commissioner shall
determine are required. (c) In determining corrective actions, the Commissioner may take into account such fac tors as are deemed relevant with respect to the insurer based upon the Commissioner's examination or analysis of the assets, liabilities, and operations of the insurer, including, but not limited to, the results of any sensitivity tests undertaken pursuant to the RBC instructions. The RBC plan or revised RBC plan shall be submitted:
(1) Within 45 days after the occurrence of the regulatory action level event; (2) If the insurer challenges an adjusted RBC report pursuant to Code Section 33-56-7 and the challenge is not frivolous in the judgment of the Commissioner within 45 days after the notification to the insurer that Commissioner has, after a hearing, rejected the insurer's challenge; or (3) If the insurer challenges a revised RBC plan pursuant to Code Section 33-56-7 and the challenge is not frivolous in the judgment of the Commissioner, within 45 days after the notification to the insurer that the Commissioner has, after a hearing,
rejected the insurer's challenge.
33-56-5.
(a) For the purposes of this Code section authorized control level event means any of the following events:
(1) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC; (2) The notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; (3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge; (4) The failure of the insurer to respond, in a manner satisfactory to the Commis sioner, to a corrective order; or (5) If the insurer has challenged a corrective order under Code Section 33-56-7 and the Commissioner has, after a hearing, rejected the challenge or modified the correc tive order, the failure of the insurer to respond, in a manner satisfactory to the Com missioner, to the corrective order subsequent to rejection or modification by the Commissioner. (b) In the event of an authorized control level event with respect to an insurer, the Commissioner shall: (1) Take such actions as are required under Code Section 33-56-4 regarding an insurer with respect to which a regulatory action level event has occurred; or

712

JOURNAL OF THE HOUSE,

(2) If the Commissioner deems it to be in the best interests of the policy holders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control under Chapter 37 of this title. In the event the Commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. In the event the com missioner takes actions under this paragraph pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provi sions of Chapter 2 of this title pertaining to summary proceedings.
33-56-6.
(a) For purposes of this Code section, 'mandatory control level event' means any of the following events:
(1) The filing of an RBC report which indicates that the insurer's total adjusted capi tal is less than its mandatory control level RBC; (2) Notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided that the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; or (3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. (b) In the event of a mandatory control level event: (1) With respect to a life insurer, the Commissioner shall take such actions as are nec essary to place the insurer under regulatory control under Chapter 37 of this title. In that event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Com missioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory con trol level event may be eliminated within the 90 day period. (2) With respect to a property and casualty insurer, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title, or in the case of an insurer which is writing no business and which is running-off its existing business may allow the insurer to continue its run-off under the supervision of the Commissioner. In either event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceed ings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period.
33-56-7.
Upon notification: (1) To an insurer by the Commissioner of an adjusted RBC report;
(2) To an insurer by the Commissioner that: (A) The insurer's RBC plan or revised RBC plan is unsatisfactory; and
(B) Such notification constitutes a regulatory action level event with respect to such insurer;

FRIDAY, FEBRUARY 9, 1996

713

(3) To any insurer by the Commissioner that the insurer has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or (4) To an insurer by the Commissioner of a corrective order with respect to the insurer, the insurer shall have the right to a departmental hearing, on a record, at which the insurer may challenge any determination or action by the Commissioner. The insurer shall notify the Commissioner of its request for a hearing within five days after the noti fication by the Commissioner under this Code section. Upon receipt of the insurer's request for a hearing, the Commissioner shall set a date for the hearing, which date shall be no less than ten nor more than 30 days after the date of the insurer's request.
33-56-8.
(a) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, all RBC reports, to the extent the information therein is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any examination or analysis of an insurer performed pursuant hereto, and any corrective order issued by the Commissioner pursuant to examination or analysis, with respect to any domestic insurer or foreign insurer, which are filed with the Commissioner, consti tute information that might be damaging to the insurer if made available to its competi tors and therefore shall be kept confidential by the Commissioner. This information shall not be made public or be subject to subpoena, other than by the Commissioner, and then only for the purpose of enforcement actions taken by the Commissioner pursu ant to this chapter or any other provision of the insurance laws of this state. (b) It is the judgment of the General Assembly that the comparison of an insurer's total adjusted capital to any of its RBC levels is a regulatory tool which may indicate the need for possible corrective action with respect to the insurer and is not intended as a means to rank insurers generally. Therefore, except as otherwise required under the pro visions of this chapter, the making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or tele vision station, or in any other way, an advertisement, announcement or statement con taining an assertion, representation or statement with regard to the RBC levels of any insurer, or of any component derived in the calculation by any insurer, agent, broker, or other person engaged in any manner in the insurance business would be misleading and is therefore prohibited; provided, however, that if any materially false statement with respect to the comparison regarding an insurer's total adjusted capital to its RBC levels or an inappropriate comparison of any other amount to the insurer's RBC levels is published in any written publication and the insurer is able to demonstrate to the Commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, of such statement, then the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false or inappropriate statement. (c) It is the further judgment of the General Assembly that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans are intended solely for use by the Commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers and shall not be used by the Commis sioner for rate-making purposes, considered or introduced as evidence in any rate pro ceeding, or used by the Commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance which an insurer or any affiliate is authorized to write.
33-56-9.
(a) The provisions of this chapter are supplemental to any other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Commis sioner under such laws, including, but not limited to, Chapters 2, 3, 13, and 37 of this title.

714

JOURNAL OF THE HOUSE,

(b) The Commissioner may adopt reasonable rules necessary for the implementation of this chapter. (c) The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which:
(1) Writes direct business only in this state; (2) Writes direct annual premiums of $2,000,000.00 or less; and (3) Assumes no reinsurance in excess of 5 percent of direct premium written.
33-56-10. (a) Any foreign insurer shall, upon the written request of the Commissioner, submit to the Commissioner an RBC report as of the end of the previous calendar year the later of:
(1) The date an RBC report would be required to be filed by a domestic insurer under this chapter; or (2) Fifteen days after the request is received by the foreign insurer. (b) Any foreign insurer shall, at the written request of the Commissioner, promptly sub mit to the Commissioner a copy of any RBC plan that is filed with the insurance com missioner of any other state. (c) In the event of a company action level event, regulatory action level event, or autho rized control level event with respect to any foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer, or, if no RBC statute is in force in that state, under the provisions of this chapter, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute, or, if no RBC stat ute is in force in that state, under Code Section 33-56-2, the Commissioner may require the foreign insurer to file an RBC plan with the Commissioner. In such event, the failure of the foreign insurer to file an RBC plan with the Commissioner shall be grounds to order the insurer to cease and desist from writing new insurance business in this state. (d) In the event of a mandatory control level event with respect to any foreign insurer, if no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the for eign insurer, the Commissioner may make application to the superior court permitted under Chapter 37 of this title with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event shall be considered adequate grounds for the application.
33-56-11. There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.
33-56-12. In the event any section, subsection, sentence, clause, or phrase of this chapter 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 chapter, 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 of this chapter. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts of this chapter would be declared or adjudged invalid or unconstitutional.
33-56-13. All notices by the Commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail or, in the case of any other transmission, shall be effective upon the insurer's receipt of such notice."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 9, 1996

715

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 95, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SR 85. By Senators Day of the 48th and Balfour of the 9th:
A resolution designating a certain portion of Interstate Highway 85 as the Veterans Parkway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 94, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 819. By Representative Streat of the 167th: A resolution designating the Buford C. Gilliard Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 95, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1326.

By Representatives Reichert of the 126th, Chambless of the 163rd, Skipper of the 137th, Shanahan of the 10th, Childers of the 13th and others:
A bill to amend Code Section 14-7-2 of the Official Code of Georgia Anno tated, relating to definitions relative to professional corporations, so as to add pharmacists to the definition of profession; to allow pharmacists to form professional corporations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 90, nays 0.

The Chair voted "aye".

On the passage of the Bill, the ayes were 91, nays 1. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1278 was postponed until Tuesday, February 13, 1996 immediately following the period of unanimous consents.

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

Mr. Speaker:

716

JOURNAL OF THE HOUSE,

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 983 Do Pass HR 984 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HR 945. By Representative Evans of the 28th:
A resolution recognizing and commending Kimberly Rebecca Jordan and inviting her to appear before the House of Representatives.

HR 983. By Representative Parham of the 122nd:
A resolution commending the Garden Club of Georgia, Incorporated, and inviting Mrs. Wilbur Jordan, President, and Mrs. Jake Goldstein, Legislative Chairwoman, to appear before the House of Representatives.

HR 984. By Representative Lane of the 146th:
A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Rep resentatives.

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

HB 1560 Do Pass HB 1593 Do Pass, by Substitute HB 1613 Do Pass, by Substitute

SB 157 Do Pass, by Substitute SB 159 Do Pass, by Substitute SR 97 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
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:

FRIDAY, FEBRUARY 9, 1996

717

HR 853 Do Pass, by Substitute HR 940 Do Pass SR 445 Do Pass

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 12, 1996 and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, Feb ruary 12, 1996.

718

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 12, 1996

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:

Andersen
Bannister Bargeron Barnard Bames Benefield Bostick Brooks, T Brown, J Buck Buckner Bunn Byrd
Campbell Carter Chambless Channel! Childers Coker Coleman, B Coleman, T Connell Crawford
Crews Culbreth Cummings

Davis, G Davis, M Day DeLoach, B DeLoach, G Oiion, S Dobbs Ehrhart Epps Felton Good win Greene Grindley
Harbin
Harris
Heard
Hegstrom
Hembree
Howard
Hudson
Hugley Jenkins
Johnson, G
Johnson, J
Johnston

Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lord Lucas Maddox Mann
McBee McClinton
McKinney
Mills
Mobley, J
Mosley Mueller
O'Neal
Parham
Parrish
Parsons
Pelote

Perry Pinholster Polak Ponder Poston Purcell, A Purcell, B Randall Randolph Ray Reichert Roberts Royal
Sanders Shanahan
Shipp
Simpson
Sinkfield
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V

Smith, W Snclling S tailings Stancil, F Stancil, S Stephenson Streat Taylor Teper Thomas Tillman Titus Towery
Trense
Walker, R.L
Wall
Watson
Watts
Westmoreland
White Wiles
Williams, B
Williams, J
Williams, R
Woods

The following members were off the floor of the House when the roll was called:
Representatives Brooks of the 103rd, Godbee of the 145th, Floyd of the 138th, Lifsey of the 6th, Sauder of the 29th, Holland of the 157th, Hanner of the 159th, Whitaker of the 7th, Scoggins of the 24th, Baker of the 70th, Walker of the 141st, Golden of the 177th, Barfoot of the 155th, Burkhalter of the 41st, Stanley of the 50th, Dixon of the 168th, Jamieson of the 22nd, Falls of the 125th, Ashe of the 46th, Evans of the 28th, Porter of the 143rd, Jones of the 71st, Yates of the 106th, James of the 140th, Powell of the 23rd, McCall of the 90th, Irvin of the 45th, Breedlove of the 85th, Bordeaux of the 151st, Joyce of the 1st, Teague of the 58th, Mobley of the 69th, Sherrill of the 62nd, Birdsong of the 123rd, Reaves of the 178th, Rogers of the 20th, Orrock of the 56th, Bailey of the 93rd, Canty of the 52nd, Alien of the 117th, Shaw of the 176th, Dix of the 76th, Turnquest of the 73rd, Heckstall of the 55th, Snow of the 2nd and Stanley of the 49th.
They wish to be recorded as present.

Prayer was offered by the Reverend Wesley F. Long, Associate Pastor, Elam Baptist Church, Gray, 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.

MONDAY, FEBRUARY 12, 1996

719

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 1105. By Representative Kaye of the 37th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that the General Assembly is subject to the open records Act; to preserve certain exceptions.
Referred to the Committee on Judiciary.

HB 1655. By Representatives Walker of the 141st, Childers of the 13th, Stephenson of the 25th and Skipper of the 137th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide under certain circumstances for the pronouncement of death by registered nurses practicing in nursing homes.
Referred to the Committee on Health & Ecology.

HB 1656. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the practice of dentistry, so as to provide for new qualifications for licensure.
Referred to the Committee on Health & Ecology.

HB 1657. By Representative Shaw of the 176th:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Anno tated, relating to hunting seasons and bag limits, so as to remove restrictions on hunting rabbits.
Referred to the Committee on Game, Fish & Parks.

HB 1658. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Randolph County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

720

JOURNAL OF THE HOUSE,

HB 1659. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the date of the commission's abolition.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1661. By Representative Smith of the 169th:
A bill to amend Code Section 45-20-16 of the Official Code of Georgia Anno tated, relating to the accrual of sick leave by public employees, so as to pro vide that under certain conditions public employees covered by the state merit system may transfer sick leave to another such employee.
Referred to the Committee on State Planning & Community Affairs.

HB 1662. By Representative Williams of the 83rd:
A bill to amend Code Section 17-7-71 of the Official Code of Georgia Anno tated, relating to trials of misdemeanors, so as to repeal certain provisions relating to the prosecution of certain offenses relating to game and fish; to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, to comport with the foregoing.
Referred to the Committee on Game, Fish & Parks.

HB 1664. By Representative Williams of the 83rd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide for graduated degrees of the offense of driving under the influence.
Referred to the Committee on Special Judiciary.

HB 1665. By Representative Williams of the 83rd:
A bill to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to use of ignition interlock devices as a condition of probation, so as to eliminate the requirement that ignition interlock device provider centers be established by a county or municipality; to authorize establishment of private provider centers.
Referred to the Committee on Special Judiciary.

HR 987. By Representatives Walker of the 141st, Felton of the 43rd, Royal of the 164th, Reichert of the 126th and Scoggins of the 24th:
A resolution amending a resolution creating the Georgia Future Communities Commission, so as to change the date on which the commission shall be abol ished.
Referred to the Committee on State Planning & Community Affairs.

HR 988. By Representative Parham of the 122nd:
A resolution designating the Central State Hospital building on Yarbrough Drive in Milledgeville as the William Crittenden Building.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 12, 1996

721

HR 992. By Representative Stancil of the 91st: A resolution compensating Ms. Pamela Kay Smith.
Referred to the Committee on Appropriations.

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

HB 1669. By Representatives Holmes of the 53rd, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Coleman of the 142nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the conduct of elections by mail in all coun ties; to provide that primaries shall not be conducted by mail.
Referred to the Committee on Governmental Affairs.

HB 1670. By Representatives Dobbs of the 92nd, Smith of the 109th, Lane of the 146th and Watts of the 26th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Anno tated, known as the "Structural Pest Control Act," so as to require certain information in contracts for the control of wood-destroying organisms.
Referred to the Committee on Industry.

HB 1671. By Representatives Poston of the 3rd, Murphy of the 18th, Twiggs of the 8th, Rogers of the 20th, Jamieson of the 22nd and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds; combined purchase of supplies and equipment; minimum school year; summer school program; and yearround operation, so as to define a term; to allow local boards of education to add additional instructional time to school days which may be accumu lated and applied to future instructional time missed due to weather condi tions.
Referred to the Committee on Education.

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

HB 1644 HB 1645 HB 1646 HB 1647 HB 1648 HB 1649 rlrs Ibol HHBB 11665523
HB 1654
HB 1660
HB 1663
HB 1666
HB 1667

HR 971 HR 972 HR 973 HR 980 HR 981 HR 982 up QQ1 TM B 25014
SB 631
SB 655
SB 671
SB 672
SB 678

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

722

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1617 Do Pass HB 1629 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 12, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enu merated below:
HB 383 Public school buildings; architect's/engr's plans HB 1266 Charities; paid solicitor; certified financial statement (Rec) HB 1290 Motor vehicle emission inspections; amend provisions HB 1316 Statutory rape; penalty provisions HB 1330 Dentists or dental hygienists; teachers' licenses HB 1331 Driver's license; organ donor information; disclosure HB 1372 Public Service Commission; election; amend provisions HB 1402 Health care; data reporting HB 1403 Hotel-motel tax; co/mun levies; amend provisions HB 1437 Livestock; include certain exotic animals; amend Code HB 1454 St emp; voluntary deductions; charitable organizations HB 1493 Examining bds; frivolous appeals; notification of felony convictions
HR 823 Regional development center boundaries; ratify change
SB 604 Boat Operation - cert, restrictions not apply at cert, events (Johnson of the 1st)
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 were taken up for considera tion and read the third time:

HB 1617.

By Representatives Ray of the 128th, Randall of the 127th, Falls of the 125th and Birdsong of the 123rd:
A bill to amend an Act known as the "Macon Water Authority Act," so as to add a definition of the term "services, facilities, and commodities fur nished".

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

MONDAY, FEBRUARY 12, 1996

723

On the passage of the Bill, the ayes were 92, nays 8. The Bill, having received the requisite constitutional majority, was passed.

HB 1629.

By Representative Smith of the 109th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to repeal certain provisions relating to the compensation of the chief magistrate of that 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 92, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 164. By Senator Cheeks of the 23rd:
A bill to amend an Act entitled "An Act to provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents" so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, and automatic repeal.

SB 424. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to provide for the Richmond County Board of Elections and Registra tion and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent and board of registrars; 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 689. By Senator Dean of the 31st:
A bill to amend an Act creating the Polk County Water Authority, as amended, so as to rename the authority and provide that the renamed authority is the Polk County Water Authority's successor in all respects.

SB 690. By Senator Ralston of the 51st:
A bill to provide a new charter for the City of McCaysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations.

724

JOURNAL OF THE HOUSE,

SB 691. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act entitled "An Act creating the Clayton Judicial Cir cuit," as amended, so as to provide that the investigators employed by the district attorney's office shall have the powers of a peace officer; to provide that such persons shall be qualified as peace officers.

SB 692. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," as amended, so as to delete cer tain provisions relating to times of the meetings of such commission.

SB 492. By Senators Turner of the 8th, Broun of the 46th, Scott of the 36th and oth ers:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the governance of interstate acquisitions of banks and holding companies connected to Georgia financial institutions by other banks or bank holding companies; to provide for definitions; to provide for acquisitions upon certain conditions.

SB 512. By Senators Marable of the 52nd, Ray of the 19th and Dean of the 31st:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to provide that a prosecuting attorney shall not be required to furnish the home address, date of birth, or home telephone number of a witness who is a law enforce ment officer; to provide for the furnishing of certain other information.

SB 550. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services, to give the depart ment the authority to delegate to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to pur chase medical equipment and supplies necessary for medical teaching pur poses.

SB 566. By Senator Thomas of the 10th:
A bill to amend Chapter 67 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning proposal review procedures and applicable to coun ties and cities of specified populations, so as to provide for comprehensive review and recommendations regarding changes in zoning every five years.

SB 575. By Senators Clay of the 37th, Thompson of the 33rd and Lamutt of the 21st:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to persons and agencies permitted access to records of child abuse, sexual abuse, or sexual harassment of children, so as to provide for access to such records by certain child advocacy centers.

MONDAY, FEBRUARY 12, 1996

725

SB 576. By Senators Taylor of the 12th, Bowen of the 13th, Edge of the 28th and Hooks of the 14th:
A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to change the provisions relating to the right of a person who is refused bail to have the charges against him or her heard by a grand jury within 90 days; to provide that in cases where the person is arrested for a crime for which the death penalty may be imposed, the superior court may, upon a motion of the district attor ney and after a hearing, grant an extension.

SB 610. By Senators Stokes of the 43rd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal assault and battery, so as to define the offense of family violence battery; to prescribe the punishment for first and subsequent convictions of such offense; to provide for an effective date and applicability.

SB 638. By Senators Dean of the 31st, Ray of the 19th, Perdue of the 18th and Marable of the 52nd:
A bill to amend Article 4 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Missing Children Information Center, so as to provide that each state building shall maintain in a public place a bul letin board dedicated to the display of information designed to help locate missing children; to provide that the Missing Children Information Center shall provide information to be placed on such bulletin boards.

SB 640. By Senators Abernathy of the 38th, Oliver of the 42nd, Middleton of the 50th and others:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child relationship generally, so as to change the provisions relating to visitation rights of grandparents; to provide for the appointment of a guard ian ad litem and for the duties of such guardian ad litem under certain cir cumstances; to provide for the appointment of a mediator and the duties of such a mediator under certain circumstances.

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

SB 164. By Senator Cheeks of the 23rd:
A bill to amend an Act entitled "An Act to provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents" so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

726

JOURNAL OF THE HOUSE,

SB 424. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to provide for the Richmond County Board of Elections and Registra tion and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent and board of registrars; 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 Governmental Affairs.
SB 492. By Senators Turner of the 8th, Broun of the 46th, Scott of the 36th and oth ers:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the governance of interstate acquisitions of banks and holding companies connected to Georgia financial institutions by other banks or bank holding companies; to provide for definitions; to provide for acquisitions upon certain conditions.
Referred to the Committee on Banks & Banking.
SB 512. By Senators Marable of the 52nd, Ray of the 19th and Dean of the 31st:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to provide that a prosecuting attorney shall not be required to furnish the home address, date of birth, or home telephone number of a witness who is a law enforce ment officer; to provide for the furnishing of certain other information.
Referred to the Committee on Judiciary.
SB 550. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services, to give the depart ment the authority to delegate to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to pur chase medical equipment and supplies necessary for medical teaching pur poses.
Referred to the Committee on University System of Georgia.
SB 566. By Senator Thomas of the 10th:
A bill to amend Chapter 67 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning proposal review procedures and applicable to coun ties and cities of specified populations, so as to provide for comprehensive review and recommendations regarding changes in zoning every five years.
Referred to the Committee on State Planning & Community Affairs.
SB 575. By Senators Clay of the 37th, Thompson of the 33rd and Lamutt of the 21st:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to persons and agencies permitted access to records of child abuse, sexual abuse, or sexual harassment of children, so as to provide for access to such records by certain child advocacy centers.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 12, 1996

727

SB 576. By Senators Taylor of the 12th, Bowen of the 13th, Edge of the 28th and others:
A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to change the provisions relating to the right of a person who is refused hail to have the charges against him or her heard by a grand jury within 90 days; to provide that in cases where the person is arrested for a crime for which the death penalty may be imposed, the superior court may, upon a motion of the district attor ney and after a hearing, grant an extension.
Referred to the Committee on Special Judiciary.

SB 610. By Senators Stokes of the 43rd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal assault and battery, so as to define the offense of family violence battery; to prescribe the punishment for first and subsequent convictions of such offense; to provide for an effective date and applicability.
Referred to the Committee on Special Judiciary.

SB 638. By Senators Dean of the 31st, Ray of the 19th, Perdue of the 18th and oth ers:
A bill to amend Article 4 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Missing Children Information Center, so as to provide that each state building shall maintain in a public place a bul letin board dedicated to the display of information designed to help locate missing children; to provide that the Missing Children Information Center shall provide information to be placed on such bulletin boards.
Referred to the Committee on Children and Youth.

SB 640. By Senators Abernathy of the 38th, Oliver of the 42nd, Middleton of the 50th and others:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child relationship generally, so as to change the provisions relating to visitation rights of grandparents; to provide for the appointment of a guard ian ad litem and for the duties of such guardian ad litem under certain cir cumstances; to provide for the appointment of a mediator and the duties of such a mediator under certain circumstances.
Referred to the Committee on Judiciary.

SB 689. By Senator Dean of the 31st:
A bill to amend an Act creating the Polk County Water Authority, as amended, so as to rename the authority and provide that the renamed authority is the Polk County Water Authority's successor in all respects.
Referred to the Committee on State Planning & Community Affairs - Local.

728

JOURNAL OF THE HOUSE,

SB 690. By Senator Ralston of the 51st:
A bill to provide a new charter for the City of McCaysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 691. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act entitled "An Act creating the Clayton Judicial Cir cuit," as amended, so as to provide that the investigators employed by the district attorney's office shall have the powers of a peace officer; to provide that such persons shall be qualified as peace officers.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 692. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," as amended, so as to delete cer tain provisions relating to times of the meetings of such commission.
Referred to the Committee on State Planning & Community Affairs - Local.

The following communication was received:

House of Representatives Atlanta
February 8, 1996
Honorable Dan E. Ponder, Jr. Representative, District 160 P. 0. Box 160 Donalsonville, Georgia 31745
Dear Dan:
I am this date appointing you to the following standing committees:
Game, Fish and Parks State Institutions and Property Governmental Affairs
Sincerely, is/ Thomas B. Murphy
Speaker
cc: Honorable Sonny Watson Honorable Denny Dobbs Honorable Bob Holmes Mr. Paul Lynch Mr. Robert E. Rivers, Jr. Mr. Sewell Brumby Mr. Frank Eldridge Office of the Governor

MONDAY, FEBRUARY 12, 1996

729

House Information Office House Research Office

Representative Crews of the 78th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

The following Senate substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1995-1996, as amended, known as the "General Appropriations Act" approved April 21, 1995 (Ga. L. 1995, p. 1082), is further amended by striking everything following the enacting clause through Section 60, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1995, and ending June 30, 1996, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $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 .............................................................................,...$ Per Diem Differential.....................................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts - Staff.........................................? Per Diem, Fees and Contracts - Elected

25.617,738 13,446,641 3,781,803 2,612,366
91,500 7,000
0 588,000 225,000 538,000
5,000 667,000 93,970

730

JOURNAL OF THE HOUSE,

Officials........................................... Photography....................................... Expense Reimbursement Account.. Total Funds Budgeted...................... State Funds Budgeted......................

2,333,658
95,000 1,132.800 25,617,738 25,617,738

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office
Secretary of the Senate's Office Total

3,882,923 801,781
1,139,854 5,824,558

$

3,882,923

801,781

1,139,854

5,824,558

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

10,136,252

560,470

1,423,074

$

12,119,796

10,136,252 560,470
1,423,074 12,119,796

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 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.

MONDAY, FEBRUARY 12, 1996

731

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 15,578,433
568,520 614,650 137,535
14,875 869,790 69,850 658,230 152,125 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 Superior Court Clerks................................,..............! Payment to Resource Center.........................................................! Computerized Information Network............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

79,399,681 11,092,959 66,554,049 2,015,363
394,438 1,290,967
148,098 14,450 76,500 139,869 25,835 20,450 12,050 31,040 300,000 683,800 82,799,868 79,399,681

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

6,187,021 7,154,204 61,072,174 1,077,570
711,007 1,787,214
217,718

5,515,675 7,104,204 58,458,333 1,077,570
711,007 1,722,214
217,718

732

JOURNAL OF THE HOUSE,

Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of Dispute
Resolution Total

3,000,000
1,363,811
229.149 82,799,868

3,000,000
1,363,811
229.149 79,399,681

PART III. EXECUTIVE BRANCH

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

41,911.650 49,212,510 13,562,262
484,133
663,160 2,020,580 17,445,782 3,540,623 2,896,435 4,171,726 11,792,750
0 2,972,744
0
781,972 59,072,580
896,550 27,000,000
650,000 87,000 48,500 85,000 197,384,307 41,911,650

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

1,318,944 3,075,590 12,935,516
521,505 3,051,174
599,180 21,066,445 46,164,552 4,615,951 81,752,025 9,761,892 2,598,736
1,281,707 3,601,297
485,878

$

559,858

$

2,947,078

$

9,962,772

$

521,505

$

3,051,174

$

0

$

0

$

14,048,279

$

0

$

5,850,000

$

0

$

0

$

0

$

650,000

$

485,878

MONDAY, FEBRUARY 12, 1996

733

Telemedicine Office of the Treasury State Office of Administrative
Hearings Total

0 1,079,064
3,474.851 197,384,307

0 634,424
3,200,682 41,911,650

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

0 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 5,638,802 4,640,092 6,667,136
380,794 4,005,645 13,392,346
0 0 36,351,064

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....................................................................!

117.064 1,699,038 1,643,300
268,000 50,000 75,000
1,500 0
30,400 1,700,000
0 0 5,467,238 117,064

Section 6. Department of Agriculture. A. Budget Unit: Department of Agriculture.....................................!
Personal Services.............................................................................!

37.543.571 32,015,270

734

JOURNAL OF THE HOUSE,

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....................................................................!

4,530,070 959,114 626,192 447,575 450,000 814,475 412,585 990,107 946,000
2,658,940
2,535,464 412,000 100,000 175,000
705,708 250,000
0 0
40,000 0
49,068,500 37,543,571

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

!

15,576,681

!

6,768,104

$

6,443,897

$

3,381,727

!

8,074,143

$

582,215

!

49,068,500

7,460,733 12,628,689 3,093,104 6,174,397 3,252,027 4,934,621
0 37,543,571

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............................................................ State 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
0

MONDAY, FEBRUARY 12, 1996

735

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....................................................................!

126.614.517 76,045,161 7,222,195
893,360 293,990 392,781 248,289 1,690,876 904,505 5,496,762 2,224,904 569,330 3,715,495 17,642,042 13,080,930 846,691 131,267,311 126,614,517

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

30,527,446 14,382,009 9,758,770 5,867,725 5,554,542 15,888,883 2,425,064
476,414 1,049,780 32,496,695
1,002,375 652,358
7,079,495 4.105,755 131,267,311

29,010,079 13,806,351 9,101,481 5,594,785 5,288,761 15,742,079 2,425,064
476,414 1,049,780 31,669,740
1,002,375 652,358
7,079,495 3,715,755 126,614,517

Section 9. Department of Community Affairs.

736

JOURNAL OF THE HOUSE,

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....................................................................!

38,933,882 6,214,998
334,240 170,205
0 7,180 146,005 513,430 49,090 217,000
0
2,272,825 10,027,413
97,100 30,000,000
0 774,059 126,790 750,000 4,625,000 4,607,000
2,305,898 7,000,000
750,000
216,138 0
225,000 0
71,429,371 38,933,882

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administration Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

$

34,789,959

$

3,880,669

$

32,758,743

!

71,429,371

33,515,892
3,707,663
1,710,327 38,933,882

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 ................................................

682,593,169 472,180,309 56,134,874
2,202,700 3,128,720 4,498,745 5,530,990 5,986,101 6,930,550 8,059,901
234,450

MONDAY, FEBRUARY 12, 1996

737

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 .....................................................................I Minor Construction Fund ..............................................................$ Total Funds Budgeted....................................................................$
Indirect DOAS Funding.................................................................$ Georgia Correctional Industries ....................................................$ State Funds Budgeted......................................................,.............!

22,530,660 1,600,000 16,893,100 7,508,207
0 1,152,000 4,059,700
1,376,000 461,160
1,300,000 68,106,416
63,420
366,244 734,000 691,038,247 450,000
0 682,593,169

Departmental Functional Budgets

Total Funds

State Funds

Administration
Institutions and Support Probation Total

$

80,128,104

$ 500,280,837

$ 110.629,306

$ 691,038,247

$

78,373,694

$ 497,023,344

$ 107,196.131

! 682,593,169

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....................................................................!

41,394.832
33,206,024 1,560,147
587,000 78,000 271,000 313,200 2,634,111
951,700 1,118,650
650,000 25,000 41,394,832 41,394,832

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....................................................................!

4,694.610 9,171,902
6,644,215
29,375 15,791 28,840 11,125 24,400
40,825 456,000
0 16,422,473 4,694,610

738

JOURNAL OF THE HOUSE,

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 .........................................................$ Tpavel................................................................................................$ 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.................................! Limited English-Speaking Students Program ............................$ 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)......................................................................!

3,779.604.189
36,353,475 6,319,446 1,518,118
139,665 339,231 8,364,242 1,521,366 1,323,661 21,269,388 962,485
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 95,532,367 627,252,894 136,605,917 (658,700,987) 77,462,514 149,218,645
160,777,464 3,341,971 22,166,686 69,091,100 70,986,887 563,759 10,876,940
179,775,843 5,173,750 54,732,103 1,546,207 39,621,548
188,375,722 26,798,985

MONDAY, FEBRUARY 12, 1996

739

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......................,.............................! 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.............................................................................! Advanced Placement Exams.........................................................! Serve America Program .................................................................$ Youth Apprenticeship Grants.......................................................! Remedial Summer School..............................................................! Alternative Programs......................................................................! Environmental Science Grants......................................................! Pay for Performance.......................................................................! Mentoring Program.........................................................................! Charter Schools...............................................................................! Technology Specialist.....................................................................! Migrant Education..........................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

2,005,097 8,899,461 3,528,045 21,568,381 4,782,130 2,818,424 6,661,809
293,520 2,720,906 11,803,272 5,719,142
992,239 4,039,395 25,244,070 9,663,513
16,892,002 637,478
1,690,215 2,443,700 11,625,943 6,000,000
397,666 5,042,895
772,500
99,047,892 14,199,935 1,250,000
0 382,597 4,340,000 1,875,664 12,394,075 100,000 1,940,000 500,000 50,000 12,827,367 266,403 4,323,853,741 340,000 3,779,604,189

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

$

9,462,242

!

25,486,630

!

1,246,565

!

17,897,753

!

6,242,899

!

927,314

! 4,246,092,664

!

5,266,662

!

7,077,436

!

19,266,363

!

1,159,121

!

13,482,690

!

2,730,341

!

927,314

! 3,719,527,543

!

4,949,611

740

JOURNAL OF THE HOUSE,

Georgia School for the Deaf Atlanta Area School for the Deaf Total

6,046,724 5,184,288 4,323,853,741

5,742,214 4,741,556 3,779,604,189

B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Next Generation Schools ...............................................................$ Drug 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................................................................$

210.606.245 187,646,245
0 500,000
0 5,000,000
900,000 0
250,000 11,950,000 1,200,000 1,000,000 2,160,000 210,606,245 210,606,245

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 1,867,088
354,000 20,500
0 20,608 564,140 302,000 39,231 1,304,000
0 4,471,567
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....................................................................!

36.458,648 30,021,438 5,931,099
159,937 1,313,670 1,757,312
416,000 54,764 928,106 411,831
0 30,000 60,000 241,752 41,325,909 36,458,648

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services

1,777,188 35,453,642

!

26,304

!

32,505,420

MONDAY, FEBRUARY 12, 1996

741

General Administration and Support
Total

4,095.079 41,325,909

3,926,924 36,458,648

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..............................................

46,667.108 33,795,416 4,092,182
539,727 830,397 1,786,463 781,736 2,083,323 892,081 1,356,783 509,000
0 46,667,108 46,667,108

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

3,778,310 24,315,275 8,654,070 9,919,453 46,667,108

3,778,310 24,315,275 8,654,070 9,919,453 46,667,108

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....................................................................!

34,499,963 15,717,791 1,109,102
318,897 0
99,726 629,614 1,019,100 386,878 4,927,589 3,512,745 40,000 6,357,000 165,000 3,850,000 372,960 130,600
0 290,975 1,189,700 100,000 684,400 1,085,968
0 60,000 42,048,045 34,499,963

742

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

Governor's Office Office of Fair Employment
Practices Office of Planning and Budget Council for the Arts Office of Consumer Affairs Vocational Education Advisory
Council Georgia Information Technology
Policy 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

10,074,745
993,023
7,882,873
5,182,770 3,396,223
356,491
354,600
1,351,302
1,900,826 320,864
4,828,157
5,179,611
226,560 42,048,045

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....................... Grant-in-Aid to Counties........................................... Grants to County
DFACS Operations.................................................. Total Funds Budgeted................................................ Indirect DOAS Services Funding............................. State Funds Budgeted................................................

Departmental Functional Budgets

Total Funds

Commissioner's Office Budget Administration Office of Children and Youth Administrative Support Services

6,058,409 2,149,712 46,878,658 20,140,782

State Funds

$

10,074,745

$

835,023

$

7,782,873

$

4,396,670

$

3,396,223

$

89,065

$

354,600

$

411,983

$

547,826

$

320,864

$

4,828,157

$

1,235,374

$

226,560

$

34,499,963

696,974.929
51,069,425 2,309,688 1,357,311 1,691,555
95,600 4,828,364 5,344,953 1,374,048
680,361 254,000 46,878,658 36,503,743 73,440 995,980 15,826,037 350,000
741,211 170,374,374
412,600 107,264,884

State Funds

$

6,058,409

2,149,712

34,994,603

18,497,628

MONDAY, FEBRUARY 12, 1996

743

Facilities Management 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 D D Council
Total

5,506,954
832,591 3,074,934 9,758,829 6,224,787 6,131,808 1,847,154 1,770,049
0 523,853 56,087,499 1,730,444 1,657,911 170,374,374

4,252,958
822,591 3,074,934 4,218,726 2,319,475 5,931,808 1,847,154 1,770,049 (8,355,268)
523,853 27,453,952 1,650,444
53,856 107,264,884

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.......................................................................! Special Purpose Contracts .............................................................$ Purchase of Service Contracts .........................................,............! Grant-In-Aid to Counties...............................................................! Institutional Repairs and Maintenance.......................................! Postage..............................................................................................! Grants for Regional Maternal and Infant Care..........................! Medical Benefits..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted.............,.....................................................!

53,353,548 77,524,211
964,432 0
127,851 1,421,803 5,191,465 1,205,962 1,238,831
682,869 13,106,950 119,493,795
34,500 124,731
0 4.978.469 279,449,417
549,718 151,361,153

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack
Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and
Children - Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization

12,564,340 1,295,984 1,513,813
2,601,837 4,303,429
5,505,221 2,256,390 10,084,152
82,463,644 61,489,732 13,211,627 3,274,089
1,880,145 495,945 969,937

!

12,434,665

!

1,116,788

!

1,191,638

!

1,530,878

!

3,888,424

$

5,393,221

!

400,525

!

5,415,855

!

0

!

60,590,878

!

6,605,813

!

1,960,907

!

1,735,982

!

345,955

!

0

744

JOURNAL OF THE HOUSE,

Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control 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

?

6,658,655

$

1,188,122

$

1,194,476

$

2,479,915

$

560,561

$

542,182

$

5,068,567

$

1,201,784

$

251,815

$

1,949,489

$

1,882,812

$

2,569,979

$

872,038

$

5,566,771

$

4,136,288

$

129,415

$

8,961,583

$

10,896,437

$

3,316,626

$

3,157,960

$

177,529

$

12,776,128

$

0

$ 279,449,417

?

5,237,894

?

870,322

?

505,089

!

937,097

!

560,561

!

542,182

!

5,068,567

!

1,004,559

?

50,635

?

1,949,489

?

1,653,133

?

2,347,161

?

682,965

?

5,446,771

?

1,567,182

?

129,415

!

4,432,831

!

1,870,754

!

2,560,006

?

2,034,356

?

160,032

?

10,674,341

?

(1,535.718)

? 151,361,153

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 Service Funding...................................................? State Funds Budgeted....................................................................?

75,340,932 12,552,958 1,218,988
83,000
743,880
4,676,391 8,356,334 2,457,974 1,704,334 25,249,433
0 713,163 10,809,323 215,000 937,269 817.786 145,876,765 100,000 24,217,831

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

49,174,050 975,265
1,660,507 9,619,759 7,214,594
809,166 4,117,040
722,458

?

10,150,676

?

719,491

?

758,979

?

3,639,056

?

1,452,195

?

0

?

1,292,597

?

722,458

MONDAY, FEBRUARY 12, 1996

745

Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

34,758,717 12,514,975 24.310.234 145,876,765

0 827,513
4,664,866 24,227,831

4. Family and Children Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment......... ...............................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Children's Trust Fund....................................................................! Cash Benefits...................................................................................! Special Purpose Contracts .............................................................$ Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................! Postage..........................................................................-.-................! Grants to County DFACS - Operations......................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

45,517,745 4,732,739
961,917 0
400,080 3,199,423 19,519,509 27,758,670 9,664,964 2,158,042 424,009,918 4,789,195 203,382,509 15,912,456 4,734,156 284.917,066 1,051,658,389 2,565,582 414,121,061

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 Employment Services 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 -
Homemaker Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Benefits Employability Program Legal Services Family Foster Care Institutional Foster Care

353,128 3,760,190 6,609,584 3,858,011 11,794,184 1,159,982 2,020,148 31,731,515 1,574,927 61,945,007 412,170,798
100 2,799,420 9,893,600
113,919,026
87,946,600 3,190,752
8,034,943
61,472,410
13,544,087 28,898,186 3,190,503 32,960,883 10,625,850

!

353,128

!

3,364,997

!

5,385,210

!

3,858,011

!

557,959

!

1,159,982

!

1,830,526

!

13,983,389

!

1,574,927

!

4,834,840

$ 156,709,968

!

100

!

0

!

0

$

56,892,944

!

31,527,769

!

0

!

2,456,667

!

31,294,234

!

5,211,640

!

11,695,177

!

2,420,990

!

21,575,631

!

8,329,504

746

JOURNAL OF THE HOUSE,

Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund Indirect Cost Total

5,825,175 10,978,269 11,544,785 105,227,651
313,240 2,157,393 2,158,042
0 1,051,658,389

4,901,767 8,237,408 7,408,642 32,696,098
156,620 1,907,591 2,158,042 (8.362.700) 414,121,061

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.......................................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! 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 ......................................$ Medical Benefits..............................................................................!

225,281,650 97,119,596 4,502,648
1,774,555 1,367,411 14,125,981 38,412,261 32,796,654 13,288,490 25,249,433
0 2,158,042 424,009,918 6,439,227 250,261,167 76,332,472 119,843,795
322,940 937,269 6,672,653 15,826,037
0 285,658,277
4,978,469

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....................................................................!

499.734.301 363,934,733 62,122,580
882,000
12,347,036 2,021,190 271,496.388 712,803,927 2,404,100 499,734,301

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute Georgia Regional Hospital

40,535,746 33,247,324
27,520,671

!

25,357,896

!

14,537,996

!

25,602,869

MONDAY, FEBRUARY 12, 1996

at Augusta Northwest Regional Hospital
at Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital
at Savannah Gracewood State School and
Hospital West Central Regional
Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

22,342,415
28,319,217
29,740,526 145,072,001
19,422,238
51,647,048
19,802,063 3,846,635 1,662,565
123,236,827
100,803,077
51,209,127 10,062,326 4,334,121 712,803,927

Section 18. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ...........................................
Personal Services............................................................. Regular Operating Expenses .........................................

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.. Georgia World Congress Center................. Total Funds Budgeted................................. State Funds Budgeted.................................

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade Tourism Total

$

17,947,679

!

4,516,599

!

1,694,389

!

5,138,701

!

29,297,368

Section 19. Department of Insurance. Budget Unit: Department of Insurance.......

747
20,455,523
20,856,482
25,185,535 85,125,238
17,740,917
22,323,512
17,015,824 2,937,700 1,467,065
117,017,087
64,487,746
28,683,287 6,753,151 4,186,473 499,734,301

28,367,568 9,297,710 1,621,170
347,500 59,978 137,872 149,938 1,024,915 336,000 1,417,010 181,600 10,859,580 1,240,000 74,095 50,000
0 2,500,000 29,297,368 28,367,568

State Funds

!

17,327,879

!

4,416,599

!

1,694,389

!

4,928,701

!

28,367,568

15,772,518

748

JOURNAL OF THE HOUSE,

Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Health Care Utilization Review....................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

13,982,959 722,723 401,560 129,850 66,880 442,990 806,814 317,300 208,242 0
17,079,318 15,772,518

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

?

5,443,526

?

17,079,318

?

4,263,447

?

6,820,532

$

551,813

?

4,136.726

?

15,772,518

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

MONDAY, FEBRUARY 12, 1996

749

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...................,................................................?

1,193.239,526 14,972,985 4,937,733 188,400 0 39,500 27,341,065 885,000 425,000 67,660,024
3,314,513,242 772,500
3,431,735,449 1,193,239,526

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

?

Reimbursement Services

?

General Administration

$

Managed Care

?

Legal and Regulatory

?

Total

?

B. Budget Unit: Indigent Trust Fund..

Per Diem, Fees and Contracts........

Benefits ...............................................

Total Funds Budgeted......................

State Funds Budgeted......................

1,363,627
3,314,513,242 1,326,155 34,166,842 2,447,208 1,273,239 9,455,504 59,525,078 2,673,554 4,991.000
3,431,735,449

?

137,553

? 1,169,667,726

?

511,907

?

10,570,417

?

1,030,359

?

524,982

?

4,649,213

?

2,359,286

$

1,292,583

?

2,495,500

? 1,193,239,526

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..................................................................

0 8,636,124 1,895,430
91,512 14,161 921,758 159,320,065 3,275,673 427,123 858,178,798 1,032,760,644

750

JOURNAL OF THE HOUSE,

Other Agency Funds.................................. Agency Assessments................................... Employee and Employer Contributions. Deferred Compensation............................. State Funds Budgeted...............................

142,256 11,875,396 1,020,494,396
248,596 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

3,054,925

!

0

2,587,089

!

0

1,363,169

!

0

1,177,099

!

0

1,301,859

!

0

1,019,564,515

!

0

1,160,976

!

0

2,551,012

!

0

1,032,760,644

!

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 Mapping................................................................!

93,387,593 72,183,553 15,298,661
534,533 2,469,914 2,532,611 2,581,324 3,110,758
864,113 1,259,868
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
1,500,000 106,513
170,047 279,545
300,000
0

MONDAY, FEBRUARY 12, 1996

751

Payments to Civil War Commission ..........................................,.$ Hazardous Waste Trust Fund.......................................................! Solid Waste Trust Fund ................................................................$
Payments to Georgia Agricultural Exposition Authority ..................................................................$
Payments to Mclntsoh County.....................................................! Georgia Boxing Commission..........................................................$ Total Funds Budgeted....................................................................!
Receipts from Jekyll Island State Park Authority ......................................................................................$
Receipts from Stone Mountain Memorial Association....................................................................................!
Receipts from Lake Lanier Islands Development Authority..............................................................!
Receipts from North Georgia Mountain Authority......................................................................................!
Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

31,000 11,512,235 5,276,344
2,281,543 100,000 7,000
134,028,172
888,185
3,809,517
2,663,931
1,422,256 200,000
93,387,593

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

4,884,646 2,555,848 2,351,344
41,542,320 2,430,445 35,290,759 43,733,688 1.239,122 134,028,172

!

4,884,646

$

2,555,848

!

1,861,344

!

15,934,854

!

2,309,936

!

30,546,338

!

34,055,505

!

1,239,122

!

93,387,593

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 ........................... Captial 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:
Personal Services................................................

100,084,190 59,382,404

752

JOURNAL OF THE HOUSE,

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....................................................................!

7,805,450 132,617
4,093,430 515,752
3,701,067 2,773,116 1,418,147
494,086 150,000
0 0 80,466,069 1,650,000 78,816,069

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....................................................................!

16,698,371 1,737,262
21,800 0
119,077 137,000 53,108 618,853 62,500
0 300,150 30,000 1,490,000 21,268,121
0 21,268,121

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,823,257 21,268,121 58,642,812 101,734,190

!

20,323,257

!

21,268,121

$

68,492,812

! 100,084,190

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....................................................................!

14.635,111
8,183,176 2,770,007
113,799 72,536 263,728 187,762 169,001 164,171 757,341 2,846,425 3,705,160
0 19,233,106 14,635,111

MONDAY, FEBRUARY 12, 1996

753

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

3,530,970
5,703,163 1,390,494 1,212,250
444,494
6.951,735 19,233,106

318,130
5,703,163 1,075,339 1,092,250
444,494
6,001,735 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 .........................................................$
Motor Vehicle Purchases ...............................................................$
Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

8,757,763 7,033,660
666,030 256,756 103,000 44,621 425,899 331,039 134,962 2,151.460 11,147,427 8,757,763

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

I,922,754 4,005,868 5.218,805 II,147,427

1,922,754 1,820,018 5.014,991 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.......................................? Student Education Enrichment Program....................................? Forestry Research............................................................................?

1,082,833,474
1,157,881,143 202,917,763
289,713,286 145,787,679 15,229,094
994,628 364,360 362,508

754

JOURNAL OF THE HOUSE,

Research Consortium......................................................................! Captial Outlay .................................................................................$ Total Funds Budgeted....................................................................! Department Income ........................................................................$ Sponsored Income...........................................................................! Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

5,000,000 0
1,818,250,461 42,000,000 348,705,442 341,684,245 3,027,300
1,082,833,474

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....................................................................! Department Income........................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

169,833,145
262,153,399 69,874,000
126,595,678 38,184,000
0 2,392,532 1,979,060
3,548,759 2,484,870
146,400 6,619,012 5,549,778
35,000 2,072,196 5,352,800 1,347,852
600,000 200,000 1,034,952
219,372
14,227,443 544,617,103
0 109,330,000 264,898,258
555,700 169,833,145

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

1,962,984 3,923,849 1,388,994 116,731,291 10,733,002 56,986,775 47,668,561

1,345,184 1,532,120
988,994 13,708,799 2,547,910 36,398,122 29,856,244

MONDAY, FEBRUARY 12, 1996

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

245,207,899
2,781,531
2,746,641 23,745,701 2,920,000
3,121,122 24,698,753
0 544,617,103

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 ...................................................................................I
Capital Outlay - Georgia Military College ..................................$ Capital Outlay - Georgia College..................................................$ Georgia Research Alliance .............................................................$ Capital Outlay - Albany State College ........................................$ Captial 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 .................................................$
State Funds Budgeted....................................................................!

755
31,697,885
2,781,531
512,595 23,745,701
0
121,122 24,596,938
0 169,833,145
0 8,428,471 17,358,307 25,786,778 25,786,778
0
71,947,611
18,000,000 3,500,000
300,000 27,494,000 3,639,611
0 12,514,000
0
0 5,000,000
1,500,000 71,947,611 71,947,611
99.717,590 57,732,635 5,716,320 1,382,540
195,470 950,220 14,312,520 2,830,695 3,136,805 575,300 3,358,795
0 10,349,350 3,877,810 104,418,460 3,845,000 99,717,590

756

JOURNAL OF THE HOUSE,

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

6,766,152 12,161,490 11,909,960 18,373,213 8,114,485 26,756,357 7,622,439 4,490,993 4,193,189
46,000 3,984,182 104,418,460

6,766,152 12,011,490 10,894,760 18,073,213 7,474,485 25,456,357 7,622,439 3,435,123 3,953,389
46,000 3,984.182 99,717,590

Section 30. Secretary of State. A. Budget Unit: Secretary of State-
Personal Services........................... Regular Operating Expenses.......
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

28,886,341 17,482,681 3,997,106
243,800
105,510 93,840 2,573,043 2,462,246 957,367 1,315,748 700.000 29,931,341 28,886,341

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

3,680,132 4,771,689 5,035,065 4,786,357 1,144,112
382,802 10,061,184
70.000 29,931,341

3,650,132 4,696,689 4,265,065 4,766,357 1,144,112
382,802
9,911,184 70,000
28,886,341

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

MONDAY, FEBRUARY 12, 1996

757

Departmental Functional Budgets

State Funds

Cost 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....................................................................?

2,092,494 1,054,598
210,954 40,520 27,450 11,910 9,000 90,591 19,090 486,842 310,000 2,260,955 2,092,494

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

33,352,346 5,097,032
602,250 101,800
0 20,500 245,180 44,800 236,750 208,690
0 4,076,000 24,600,000 5,003,940
78,000 312,500 100,000 680,000 390,000 41,797,442 33,352,346

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 35,240,440
1,009,338 41,797,442

0
0 32,802,698
549,648 33,352,346

B. Budget Unit: Lottery for Education.. HOPE Financial Aid - Tuition.........

153,270,172 68,242,744

758

JOURNAL OF THE HOUSE,

HOPE Financial Aid - Booka........................................................$ HOPE Financial Aid - Fees...........................................................$ Tuition Equalization Grants .........................................................$ Georgia Military College Scholarship ..........................................$ LEPD Scholarship..........................................................................! Teacher Scholarships ......................................................................$ Promise Scholarships......................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

20,702,240 14,179,198 36,611,990
336,000 198,000 10,000,000 3,000,000 153,270,172 153,270,172

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 4,407,014
462,000 30,000
0 13,100 1,045,542 469,750 151,157 401,000 3,650,000 425,000 11,054,563 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....................................................................!

166,703,649 4,175,373 409,948 142,500 0 33,544 754,468 365,610 101,905 539,472
121,007,817 30,379,012
0 9,044,505 29,522,582 2,912,640 18,187.164 217,576,540 166,703,649

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

i

6,522,820

'

211,053,720

i

217,576,540

4,452,834 162.250.815 166,703,649

B. Budget Unit: Lottery for Education.... Computer Laboratories and Satellite

40,258,713

MONDAY, FEBRUARY 12, 1996

759

Dishes-Adult Literacy.................................................................$ Capital Outlay - Technical Institute
Satellite Facilities........................................................................! Equipment-Technical Institutes ...................................................$ Total Funds Budgetcd....................................................................$ Lottery Funds Budgeted................................................................!

1,000,000
32,373,460 6.885,253 40,258,713 40,258,713

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....................................................................!

492.069,050 250,050,159 59,750,505
1,626,000 2,296,000 7,662,241 4,947,700 1,317,373 2,384,080 45,394,107 741,716,455
1,024,100 1,267,500 14,210,006
765,000
105,000 1,134,516,226
492,069,050

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

! 836,421,565

! 237,740,337

$

14,953,830

!

24,250.996

! 1,113,366,728

$ 215,777,346

$ 226,400,337

$

14,393,830

$

23,625,996

! 480,197,509

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

$

125,000

!

1,734,811

$

18,524,687

!

765,000

!

21,149,498

$

125,000

!

1,347,811

$

9,633,730

!

765.000

!

11,871,541

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
235,829 82,000 19,275 99,371 18,000 242,700 62,200 24,500

760

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 8,241,309
446,789 97,340
0 27,369 228,485 1,080,290 190,190 231,000 101.413 10,644,185 10,454,185

Section 38. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligatiobn Debt Sinking Fund
State General Funds (Issued)...................................................! Motor Fuel Tax Funds (Issued) ..............................................$

406,585,925 70.000.000 476,585,925

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New)...........................................................$! Motor Fuel Tax Funds (New).......................................................$!

43,533,278 0
43,533,278

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

MONDAY, FEBRUARY 12, 1996

761

such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State
Court Judges.

Section 40. Provisions Relative to Section 9, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Vidalia Tift County
Gwinnett County Board of Education
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

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 and Maintenance for Springer Opera House
Operations of City of Graham Correctional Facility
Renovation of Historic Jail
To Purchase Vehicle and Video Monitoring and Surveilance Equipment
Renovations for Sara Hightower Regional Library
Improvements for Rolator Park Refurbishment and Restoration
of B-29
Renovations to the Milan Arts Center

$

5,000

$

50,000

$

50,000

$

25,000

$ 250,000

$ 105,000

$

50,000

$

25,000

$

25,000

$

22,500

$

5,000

$ 40,000

$ 30,000

$

25,000

762
Laurens County Board of Education
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

JOURNAL OF THE HOUSE,
Rent and Wiring of Modular Unit at S.W. Laurens Elementary School
Construction of a Classroom Building
Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta
Installation of Fire Hydrants and water lines
Renovation to Capitol View Elementary School
Purchase of Fire Truck Reimbursement for Legal
Expenses Repairs to the Gym/Civic
Center Renovations to Dawson Street
School in LaGrange
Construction of Greenhouse Operation of 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 Equipment 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 Vocational Building
Operation of Medical Station Water System Improvements Feasibility Study for
Bicycle Trail

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

MONDAY, FEBRUARY 12, 1996

City of Loganville DeKalb County
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

Repairs for Library Operations of Brown's Mill
Recreation Operation of Youthbuild Operations of Northwest
Georgia Girl's Home Services provided by
Worktec Renovations to the T.J.
Elder Community Center To Purchase Modular
Building for use as 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 Study and 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 and Equipment for Macon Little League
Water and Sewer Improvements
Construction of Recreational Center

763

$

15,000

$

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

764 City of Quitman
Brooks County
Bibb County
Hall County Hall County Mitchell County Echols County Board
of Education Clinch County Board
of Education Lanier County Board
of Education Sumter County Brantley County
Butts County Glynn County DeKalb County Bacon County City of Columbus Muscogee County
Muscogee County
Muscogee County Catoosa County
City of Madison City of Atlanta Pulton County Fulton County City of Broxton

JOURNAL OF THE HOUSE,
Historical Preservation Activities in the City of Quitman
Repairs for Simmon Hill Community and Recreation Center
Expansion and Improvements to the 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 and Courthouse Renovations Courthouse Plans and Renovations Operations of SHARE Rehabilitation Program Operation of Center for Visually Impaired Prosecution of Capital Offense Case Equipment and 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 Family Crisis Center for Walker, Dade, Catoosa and Chattooga Counties Inc. Renovations to the 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

15,000
10,000
50,000
20,000
25,000 25,000 15,000 15,000 15,000 50,000
35,000 25,000 15,000 50,000 35,000 5,000
25,000
15,000 25,000
15,000 25,000 45,000 35,000 10,000 40,000

City of Columbus
Muscogee County Fulton County
Clayton County 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 Polk County Board
of Education City of Cedartown
Coweta County
Burke County
DeKalb County
Screven County Board of Education
Tattnall County Board of Education
Peach County

MONDAY, FEBRUARY 12, 1996
To Operate Play and Learn Together Program at Baker Village and Canty Homes
To Operate and Equip Columbus Community Center
To Operate Community of Care Delivery System for At-Risk Children
Repairs to Securus 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, Design and Site Acquisition and 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
To Purchase Athletic Equipment
Operating Expenses for the Downtown Development Authority
Construction and Operation of Economic Development Information Center
Programs Supported by the Burke County Development Corporation
Construction and Operation of South DeKalb Business Incubator
For Auditorium Repairs Construction of a
Livestock Pavilion To Acquire and Operate Peach

765

$

25,000

$

25,000

$ 150,000

$

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

$

37,000

$

10,000

$

10,000

$

50,000

$ 30,000

$

25,000

$

20,000

$

10,000

766
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 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

JOURNAL OF THE HOUSE,
Library Literacy Mobile For Repairs and Equipment
for the Rockmart Performing Arts Theater Repairs for Liberty County Courthouse Multi-purpose Complex Equipment and Improvements 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 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 Construction of Health Clinic 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 Downtown Improvements To Construct Recreational Complex
Operating Expenses for the Middle Georgia
Easter Seal Program Building Improvements for
the Coffee County Humane

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
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

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 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 Johnson County Board
of Education Paulding County Board

MONDAY, FEBRUARY 12, 1996
Society To Purchase Radio and
Computer Equipment Paving for the Bleckley
County Recreation Department To Purchase Building for the Senior Citizens Center To Purchase Video Equipment 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, Renovation, Equipment, Furniture and Operating Expenses for ARTS Clayton Park Improvements Planning and Design of an Overhead Crosswalk on Washington Road Operating Funds for the Safe Campus Now Program Irrigation System for Glenloch Soccer Field Improvements to Andrews Island Improvements to Facilities at Treutlen County High School Operating Funds for Recreation and Historic Preservations Services Site Preparation at Industrial Park Operating Expenses for Jeff Davis County Hospital Authority Improvements to Water System 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 Construction/Operation
of School Facilities Construction/Operation

767 15,000 10,000
40,000 100,000
15,000
15,000
30,000 40,000 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 15,000 150,000

768

JOURNAL OF THE HOUSE,

of Education

of School Facilities

$

60,000

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:

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

MONDAY, FEBRUARY 12, 1996

769

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 Office 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.

770

JOURNAL OF THE HOUSE,

Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $9,500,000 for the purpose of providing for housing contracts, for food service contracts, for overtime, for training and for other expenses related to security operations for the 1996 Olympic Games.
Section 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1995 Regular Session, except as provided, however, the Director of the Budget is

MONDAY, FEBRUARY 12, 1996

771

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.

Section 55. Wherever in this Act the term "Budget Unit Object Class" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed sixty months.

Principal Amount

Debt Service

Repairs, renovations and maintenance projects at various Department of Technical and Adult Education facilities
Equipment for the golf course at George T. Bagby State Park
Feasibility study for modifying and

$

9,705,000 $

2,226,327

590,000

135,346

772

JOURNAL OF THE HOUSE,

deepening the Brunswick navigation channel Upgrade two paper machines for the Herty Foundation Equipment and lab renovations for the Governor's Traditional Industries Competitiveness Initiatives Various repair and renovation projects at various Department of Children and Youth Services facilities
Design a cottage for Macon YDC Construction of a dining facility
at Milledgeville YDC
Repairs and renovation projects at various facilities of the Department of Human Resources
Funds to design the Athens Veterinary Diagnostic Laboratory
Equipment for new and modified vocational high school laboratories

B.) Maturities not to exceed two hundred forty months.

Regular entitlements for 12

school systems

$

Regular advanced funding for

20 school systems

School consolidation for one system

Advanced incentive funding to

4 school systems

Construction of 9 public libraries

Funding for flood recovery at

Albany State

Construction of a humanities building

at Dalton College

Construction of an academic building

at Southern College of Technology

Construction of an athletic and

recreation complex at

Savannah State College

Construction of a classroom/student

center facility at Floyd College

Construction of a biology and chemistry

building at Valdosta State University

Completion of the Animal Science

Complex at the University of Georgia

Renovation of Brooks Hall at the

University of Georgia

Renovation of Price Memorial Hall

at North Georgia College

Renovation of an academic building

at Brunswick College

Funding for campus drainage system

improvements at South Georgia College

GPTC equipment and furnishings

Construction of a multi-purpose

sheep/swine building

550,000 1,910,000
1,430,000
2,400,000 100,000 75,000
6,760,000 300,000
8,400,000
20,170,000 $ 53,370,000 5,315,000 14,145,000 11,885,000 7,650,000 6,360,000 13,435,000
11,800,000 4,855,000 22,885,000 2,590,000 2,500,000 3,045,000 2,210,000 1,725,000 12,315,000 2,045,000

126,170 438,154
328,042
550,560 22,940 17,205
1,550,744 68,820
1,926,960
1,795,130 4,749,930
473,035 1,258,905 1,057,765
680,850 566,040 1,195,715
1,050,200 432,095
2,036,765 230,510 222,500 271,005 196,690 153,525
1,096,035 182,005

MONDAY, FEBRUARY 12, 1996

773

Provide low interest loans to local governments for water, sewer and wastewater treatment projects
Matching funds for the Augusta Visitor Information Center
Construct, furnish and equip the Columbus Performing Arts Complex
Land acquisition under the River Care 2000 program
Completion of Phase II construction of the 18-hole golf course at George T. Bagby State Park
Construction of a meeting facility at Georgia Veterans State Park
Construction of a facility for the Georgia Golf Hall of Fame
Completion of construction of Container Berth Seven
Governor's Road Improvement Program Spoilage area projects for
the Savannah Harbor Funding for water, sewer and
plumbing projects Perimeter fencing and security systems
at various YDCs and RYDCs Major construction projects for the
Department of Human Resources Renovations at Lee Arrendale CI Continue renovation of #2
Peachtree Building Continue renovation of the
Trinity-Washington Building Repair plaster, repaint and refinish
certain areas of the State Capitol Building Planning and design of two 250-bed YDC's in Muscogee and Sumter Counties Construction of three detention centers in the Department of Corrections Design of a Regional Business and Industry Training Center at Heart of Georgia Technical Institute Purchase and rehabilitation of existing and abandoned rail lines Repairs and maintenance at the State Farmers' Market

20,000,000 1,835,000 15,000,000 5,000,000
1,500,000 2,000,000 6,000,000 20,000,000 100,000,000 4,800,000 1,275,000 1,100,000 1,655,000 5,200,000 5,000,000 5,000,000
2,000,000 2,000,000 3,600,000
335,000 2,490,000 2,000,000

1,780,000 163,315
1,335,000 445,000
133,500 178,000 534,000 1,780,000 8,900,000 427,200 113,475 97,900 147,295 462,800 445,000 445,000
178,000 178,000 320,400
29,815 221,610 178,000

Section 58. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1996

$ 10,980,393,127

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 1186.
The motion prevailed.

774

JOURNAL OF THE HOUSE,

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

HB 1266.

By Representative Campbell of the 42nd:
A bill to amend Code Section 43-17-3 of the Official Code of Georgia Anno tated, relating to registration of paid solicitors, so as to change certain requirements relating to the filing of a certified financial statement; to pro vide for a written accounting to the Secretary of State; to provide for infor mation contained in such accounting.

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:

Alien
Y Anderson YAshe
Bailey Y Baker Y Bannister
Y Barfoot Bargeron
Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux
Y Bostick Breedlove
Y Brooks, D Brooks, T
Y Brown, J Brush
YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childers
Y Coker Y Coleman, B Y Coleman, T
Y Cornell Crawford

Y Crews Y Culbreth Y Cuminings
Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls
Y Felton Y Floyd
Godbee Y Golden YGoodwin Y Greene Y Grindley YHanner Y Harbin
Harris Y Heard
Heckstall Y Hegstrom Y Hembree E 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 YLakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee YMcCall Y McClinton Y 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 Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall 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

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

On the passage of the Bill, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1266 was ordered immediately transmitted to the Senate.

The following Resolutions of the House were read and adopted:

HR 993. By Representatives Smith of the 169th and Murphy of the 18th:
A resolution commending Hallie Ward Edwards on the occasion of her birth day.

MONDAY, FEBRUARY 12, 1996

775

HR 994. By Representative Hembree of the 98th: A resolution commending postsecondary student organizations.

HR 996. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A resolution commending Walter Young Murphy, President of LaGrange College.

HR 997. By Representatives Golden of the 177th, Titus of the 180th, Bates of the 179th, Shaw of the 176th, Bostick of the 165th and others:
A resolution honoring and recognizing Mr. Shell E. Hartley, Jr.

HR 998. By Representatives Teague of the 58th, Brooks of the 54th, McKinney of the 51st, Davis of the 48th and Holmes of the 53rd:
A resolution commending Freedom Fest, Inc.

HR 999. By Representatives Sherrill of the 62nd, Lee of the 94th, Lucas of the 124th, Davis of the 48th, Randolph of the 72nd and others:
A resolution recognizing and commending the Silver-Haired Legislature.

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 383. By Representatives Mosley of the 171st, Byrd of the 170th, Walker of the 141st, Smith of the 169th, Coleman of the 142nd and others:
A bill to amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local school boards relative to public school property and facilities, so as to provide for definitions; to provide for certain provisions in contracts with architects or other licensed individuals or entities for public school buildings.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local school boards relative to public school property and facilities, so as to provide for definitions; to provide for certain provisions in contracts with architects or other licensed individuals or entities for public school buildings; to provide for the ownership of architectural and engineering plans for public school buildings; to provide for additional use of such plans; to require that a copy of such plans be provided to the State Department of Education; to provide for immunity in certain circumstances; to provide for applicability; to amend Code Section 25-2-14 of the Official Code of Georgia Annotated, relating to building permits and certificates of occupancy for buildings present ing special hazards to persons or property, so as to provide for using the seal and signature of the architect or engineers who has accepted responsibility for the plans; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize architects and engineers to attach their signatures and seals or stamps to plans which are being reused in compliance with this Act; to provide for a notation signify ing that the original plans were drawn by another architect or engineer; to provide for acceptance of full professional responsibility for plans; to provide for related matters; to

776

JOURNAL OF THE HOUSE,

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.
Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local school boards relative to public school property and facilities, is amended by adding a new Code section, to be designated Code Section 20-2-523, to read as follows:
"20-2-523.
(a) As used in this Code section, the term: (1) 'Department' means the Department of Education. (2) 'Public school buildings' means structures built or renovated for elementary or secondary education purposes for which the State of Georgia provides 50 percent or greater funding or reimbursement for architectural plans.
(b) Contracts with architects or other licensed individuals or entities for architectural or engineering plans for public school buildings shall provide that:
(1) Title to the architectural and engineering plans produced for the structure shall vest in the department, agency, authority, instrumentality, or political subdivision and the State of Georgia; (2) The State of Georgia or a department, agency, authority, instrumentality, or polit ical subdivision of the state has the right to use the plans, with or without modifica tion, in the construction of other public school buildings or authorize the State of Georgia or a department, agency, authority, instrumentality, or political subdivision of the state to use the plans, with or without modification, in the construction of a public school building; and (3) The architect or other licensed individual or entity may retain a copy of the plans. (c) Each department, agency, authority, instrumentality, or political subdivision of the state which contracts with an architect or other licensed individual or entity for the development of architectural or engineering plans for a public school building shall pro vide a complete reproducible copy of such plans and specifications to the department. Before filing, reusing, or providing such plans and specifications to any department, agency, authority, instrumentality, or political subdivision of the state for reuse, the department shall delete from the plans and specifications the signature and seal of the architect or engineer who originally prepared the plans and specifications. (d) In the event the architectural or engineering plans are used by the state or any department, agency, authority, instrumentality, or political subdivision of the state with out a contract with the person or entity originally preparing such plans, such person or entity shall not be responsible for any defect therein."
SECTION 2. Code Section 25-2-14 of the Official Code of Georgia Annotated, relating to building per mits and certificates of occupancy for buildings presenting special hazards to persons or property, is amended by striking in its entirety subsection (a) and inserting a new subsec tion to read as follows:
"(a) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Sec tion 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer who drafted the plans and specifications or, if applicable, the archi tect or engineer who has responsibility for such plans and specifications in accordance with Code Section 43-4-10 or 43-15-22 or shall otherwise have the approval of the Com missioner."

MONDAY, FEBRUARY 12, 1996

777

SECTION 3. Article 1 of Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to architects, is amended by adding at the end of Code Section 43-4-10, relating to compliance with the law relative to the practice of architecture and such practice by firms, partnerships, and corporations, a new subsection (d) to read as fol lows:
"(d)(l) Notwithstanding any other provision of this Code section or article to the con trary, an architect authorized under this article to practice architecture is authorized to attach his or her individual signature and seal to plans and related drawings and specifications when the original work and services for the plans were not performed by such architect or under such architect's personal direction, if such architect is con tracting with the state or a department, agency, authority, instrumentality, or political subdivision of the state in compliance with Code Section 20-2-523 for a project which uses architectural or mechanical plans for public school buildings subsequent to the first use of such architectural or mechanical plans. (2) An architect who attaches his or her individual signature and seal to plans for which such architect did not perform or personally direct the original work and ser vices pursuant to paragraph (1) of this subsection shall note above his or her signature and seal the words 'First plans prepared by or under the personal direction of another architect' or substantially similar words. (3) An architect who attaches his or her individual signature and seal to plans pursu ant to the provisions of this subsection signifies that he or she accepts full professional responsibility for the suitability of such plans for the site and use contemplated, and for any defect in such plans as originally drawn or in any modifications made to such plans by the architect who is attaching his or her individual signature and seal."
SECTION 4. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking in their entirety subsections (b), (c), and (d) of Code Section 43-15-22, relating to seals of engineers and land surveyors, and inserting in lieu thereof new subsections (b), (c), (d), and (e) to read as follows:
"(b) Plans, specifications, plats, and reports issued by a registrant shall be stamped or sealed and countersigned by the registrant; but it shall be unlawful for the registrant or any other person to stamp or seal any document with such seal after the certificate of the registrant named thereon has expired, or has been revoked, or during the period of any suspension imposed by the board. Ne Except as provided in subsection (e) of this Code section, no plans, specifications, plats, or reports shall be stamped with the seal of a registrant unless such registrant has personally performed the engineering or land surveying work involved or, when the registrant has not personally performed the engi neering or land surveying work reflected in any plan, specification, plat, or report, such registrant has affixed his or her seal thereto only if such document has been prepared by an employee or employees under the registrant's direct supervisory control on a daily basis and after the registrant has thoroughly reviewed the work embodied in such docu ment and has satisfied himself or herself completely that such work is adequate. (c) No registrant shall affix his or her seal to any plan, specification, plat, or report unless he or she has assumed the responsibility for the accuracy and adequacy of the work involved. (d) Except as provided in subsection (e) of this Code section, any Any registrant who has affixed his or her seal to any plan, specification, plat, or report prepared by another person not under the registrant's direct supervisory control on a daily basis, and without having thoroughly reviewed such work, shall be deemed to have committed a fraudulent act of misconduct in the practice of professional engineering or land surveying.
(e)(l) Notwithstanding any other provision of this Code section or chapter to the con trary, a professional engineer is authorized to attach his or her individual signature and seal or stamp to plans and related drawings and specifications when the original work and services for the plans were not performed by such professional engineer or by an employee or employees under such professional engineer's direct supervisory control on a daily basis, if such professional engineer is contracting with the state or

778

JOURNAL OF THE HOUSE,

a department, agency, authority, instrumentality, or political subdivision of the state in compliance with Code Section 20-2-523 for a project which uses architectural or mechanical plans for public school buildings subsequent to the first use of such archi tectural or mechanical plans. (2) A professional engineer who attaches his or her individual signature and seal or stamp to plans for which such professional engineer did not perform or exert direct supervisory control over and review thoroughly the original work and services pursu ant to paragraph (1) of this subsection shall note above his or her signature and seal or stamp the words 'First plans prepared by or under the direct supervisory control and review of another engineer' or substantially similar words."
SECTION 5. This Act shall become effective on July 1, 1996, and shall apply to the architectural and engineering plans for public school buildings in contracts signed on or after July 1, 1996.
SECTION 6. This Act shall be automatically repealed effective July 1, 2002.
SECTION 7. 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 383 as follows:
Page 3, line 4 after the word "therein" insert the words
", and shall be totally immune from any liability whatsoever associated with any previ ous work done on these plans, except for that done for the original purpose for which the plans were designed".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon YAshe
Bailey N Baker Y Bannister
Y Barfoot Bargeron
N Barnard NBarnes Y Bates
Benefield Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Canty N Carter N Chambless Y Channel! NChildere

N Coker Y Coleman, B N Coleman, T N Connell
Crawford Y Crews
Y Culbreth N Cummings N Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G NDii N Diion. H N Diion, S NDobbs YEhrhart NEpps Y Evans Y Falls Y Felton N Floyd N Godbee Y Golden YGoodwin N Greene Y Grindley N Manner
Harbin Y Harris

N Heard Heckstall
N Hegstrom Y Hembree E Henson N Holland N Holmes N Howard N Hudson N Hugley Ylrvin
N James N Jamieson
Jenkins Y Johnson, G
Johnson, J
N Johnston Jones
Y Joyce
YKaye N Kinnamon Y Klein YLadd YLakly
Lane Y Lawrence NLee N Lewis N Lifsey NLord
Lucas

Y Maddox YMann N Martin
N McBee NMcCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J N Mosley
MueUer N O'Neal
Orrock N Parham Y Parrish N Parsons N Pelote N Perry Y Pinholster N Polak N Ponder Y Porter NPoston N Powell N Purcell, A
Purcell, B NRandall N Randolph
NRay N Reaves

N Reichert N Roberts
Rogers N Royal
Y Sanders N Sauder
Scoggins NShanahan
Shaw Y SherriU Y Shipp N Simpson
Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W N Smyre Y Smiling N Snow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat

MONDAY, FEBRUARY 12, 1996

779

Y Taylor NTeague YTeper N Thomas NTillman

N Titus N Towery N Trense
Turnquest NTwiggs

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 adoption of the amendment, the ayes were 61, nays 91. The amendment was lost.

Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Reichert of the 126th moves to amend the Committee substitute to HB 383 as follows:
Add on p 5 line 36 after the word "plans"
"and such original plans, drawings and specifications were purchased from the author thereof by the state or a department, agency, authority, instrumentality or political sub division of the state."

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

Y Alien N Anderson
YAshe N Bailey Y Baker N Bannister N Barfoot
Bargeron N Barnard N Barnes Y Bates N Benefield
Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, J
Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell
Canty N Carter N Chambless N Channel!
N Childers N Coker N Coleman, B N Coleman, T N Connell
Craiwfiorda

Y Crews Y Culbreth
N Cummings N Davis, G Y Davis, M NDay
DeLoach, B N DeLoach, G NDii N Diion, H N Dixon, S Y Dobbs YEhrhart NEpps Y Evans N Falls Y Felton N Floyd NGodbee Y Golden Y Goodwin N Greene Y Grindley N Hanner
Harbin Harris N Heard Heckstall N Hegstrom
N Hembree E Henson N Holland N Holmes N Howard N Hudson NIN Hnuugglley

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

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

On the adoption of the amendment, the ayes were 42, nays 111 The amendment was lost.

The Committee substitute was adopted.

Y Smith, W NSmyre Y Snelling
N Snow N StaUings N Stancil, P N Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor NTeague YTeper N Thomas N Tillman N Titus N Towery Y Trense
Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts N Westmoreland Y Whitaker N White Y Wiles Y Williams, B N Williams, J Y Williams, R
Woods N Yates
Murphy, Spkr

780

JOURNAL OF THE HOUSE,

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

N Alien N Anderson N Ashe Y Bailey Y Baker Y Bannister YBarfoot
Bargeron Y Barnard YBarnes
N Bates Y Benefield
Birdsong
Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner Y Bunn N Burkhalter YByrd N Campbell
Canty Y Carter
Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell N Crawford

Y Crews N Culbreth Y Cummings
Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y DUon, H Y Dixon, S Y Dobbs N Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee N Golden YGoodwin Y Greene N Grindley Y Manner N Harbin Y Harris N Heard
Heckstail Y Hegstrom
Y Hembree E Henson Y Holland Y Holmes N Howard Y Hudson Y Hugley

NIrvin Y James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J
Y Johnston N Jones N Joyce YKaye Y Kinnamon Y Klein NLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddoi YMann Y Martin
Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Crock YParham

N Parrish Y Parsons
Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell
Y PurceU, A Y Purcell, B YRandall
Y Randolph YRay Y Reaves Y Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan
Shaw N Sherrill
Y Shipp N Simpson Y Sinkfield Y Skipper
Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

N Smith, W YSmyre Y SneUing YSnow NStaffings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague YTeper
Y Thomas YTillman N Titus Y Towery N Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Wateon Y Watts Y Westmorland Y Whitaker Y White N Wiles
N Williams, B Y Williams, J N Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 130, nays 31.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 383 was ordered immediately transmitted to the Senate.

HB 1316.

By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 3 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change certain penalty provisions applicable to the offense of statutory rape; to provide for different penalties depending upon the ages of the perpetrator and victim.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sex ual offenses, so as to change certain penalty provisions applicable to the offense of statu tory rape; to provide for different penalties depending upon the age of the perpetrator; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 12, 1996

781

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking subsection (b) of Code Section 16-6-3, relating to the offense of statutory rape, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(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 person so convicted is 21 years of age or older, such person shall be punished bjr imprisonment for not less than ten nor more than 20 years; provided, further, 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 misde meanor."
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 Alien
Y Anderaon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Beneileld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T 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
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDir Y Diion, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom
Y Hembree E Henson Y Holland
Y Holmes Y Howard Y Hudson
Y Hugley

Ylrvin N James Y Jamieson
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 N Lucas Y Maddox YMann Y Martin Y McBee YMcCall 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 Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B N Randall Y Randolph YRay Y Reaves N Reichert N Roberts
Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan NShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat Y Taylor NTeague Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs
Walker, L
Y Walker, R.L Y Wall
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 passage of the Bill, by substitute, the ayes were 160, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

782

JOURNAL OF THE HOUSE,

Representative Connell of the 115th 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 1330. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dentists and dental hygienists, so as to change the provi sions relating to teaching licenses; to change the provisions relating to renewal of licenses and provide for restoration and reissuance thereof.

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

Y Alien
Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot 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, J
Brush YBuck 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
Y Crawford

Y Crews Y Culbreth Y Cummingg Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S YDobbs YEhrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee
Golden YGoodwin
Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley

Irvin Y 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 YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall 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 YPolak Y Ponder
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder
Scoggins Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W 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 Y Teper Y Thomas YTillman Y Titus
Y Towery Y Trense
Turnquest YTwiggs
Walker, L 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 YYates Murphy, Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was

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

Mr. Speaker: The Senate insists on its substitute to the following bill of the House:

MONDAY, FEBRUARY 12, 1996

783

HB 1186.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

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 1186.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 141st, Buck of the 135th and Coleman of the 142nd.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

784

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1372.

By Representatives Coleman of the 142nd, Murphy of the 18th, Watson of the 139th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Commission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state.

Representative Connell of the 115th moved that debate on HB 1372 be limited to five minutes with the exception of the Presenter and Committee Chairman.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andenon NAshe Y Bailey
Baker N Bannister
YBarfoot Y Bargeron N Barnard
Barnes Bates Y Benefield Birdsong Bordeaux Y Bootick Breedlove N Brooks, D Brooks, T N Brown, J N Brush Buck Y Buckner NBunn N Burkhalter YByrd N Campbell N Canty Carter Y Chambless YChannell Childers NCoker N Coleman, B Coleman, T Y Connell N Crawford

N Crews N Culbreth Y Cummings
Davis, G N Davis, M YDay
N DeLoach, B N DeLoach, G NDix Y Dixon, H
Diion, S YDobbs NEhrhart
Epps N Evans N Falls N Felton
Floyd Y Godbee Y Golden N Goodwin YGreene Y Grindley Y Manner N Harbin N Harris Y Heard
Hecks tall Y Hegstrom N Hembree
Henson Y Holland
Holmes Y Howard Y Hudson
Hugley

Irvin James Y Jamieson Jenkins
N Johnson, G N Johnson, J N Johnston
Jones
N Joyce N Kaye Y Kinnamon N Klein
NLadd NLakly
Lane Lawrence YLee N Lewis N Lifsey Lord Lucas Maddoz NMann Y Martin
YMcBee YMcCall
McClinton McKinney N Mills Mobley, B Y Mobley, J YMosley Mueller Y O'Neal EOrrock Parham

On the motion, the ayes were 61, nays 57. The motion was lost.

Y Parrish N Parsons Y Pelote Y Perry N Pinholster
Polak Y Ponder Y Porter
Poston Y Powell Y PurceU, A
Purcell, B Randall Y Randolph
Ray Reaves Y Reichert Roberts Rogers Y Royal N Sanders N Sauder Y Scoggins N Shanahan YShaw Y Sherrill
NShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W Smyre
N Snelling YSnow YStaUings
Y Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephenson Streat Taylor
Teague Y Teper
Thomas Tillman Titus N Towery Trense Turnquest YTwiggs Walker, L N Walker, R.L YWall Watson
Watts N Westmorland N Whitaker
White N Wiles N Williams, B
Williams, J Williams, R Woods N Yates Murphy, Spkr

MONDAY, FEBRUARY 12, 1996

785

On a motion that the House reconsider its action in limiting debate, the roll call was ordered and the vote was as follows:

Alien N Andereon Y Ashe N Bailey
Baker Y Bannister
NBarfoot N Bargeron Y Barnard
Barnes
Bates N Benefield
Birdsong Bordeaux N Bostick Y Breedlove Y Brooks, D Brooks, T Y Brown, J Y Brush Buck N Buckner YBunn Y Burkhalter
NByrd Y Campbell
Y Canty Carter
N Chambless N Channel!
Childers Y Coker Y Coleman, B
Coleman, T Connell Y Crawford

Y Crews Culbreth
N Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H
Dixon, S
NDobbs YEhrhart
Epps Y Evans Y Falls Y Felton
Floyd Godbee N Golden Y Goodwin Y Greene Y Grindley N Hanner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree
Henson N Holland
Hohnes N Howard N Hudson
Hugley

Irvin James N Jamieson Jenkins Y Johnson, G Y Johnson, J Y Johnston Jones Joyce YKaye N Kinnamon Y Klein YLadd YLakly Lane Lawrence NLee N Lewis Y Lifsey Lord
Lucas Maddox YMann N Martin
NMcBee NMcCall
McClinton McKinney Y Mills Mobley, B
N Mobley, J N Mosley Y Mueller NO'Neal E Orrock
Parham

N Parrish Y Parsons
N Pelote N Perry Y Pinholster
Polak N Ponder
Porter Poston N Powell N Purcell, A N Purcell, B Randall N Randolph
Ray Reaves N Reichert Roberts Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill
Y Shipp Simpson
N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L
N Smith, P N Smith, T Y Smith, V

Y Smith, W Smyre
Y SneUing NSnow N Stallings N Stancil, F Y Stancil, S
Stanley, L Stanley, P N Stephenson
Streat Taylor Teague
NTeper Thomas Tillman Titus Towery Trense Turnquest
N Twiggs Walker, L
Y Walker, R.L N Wall
Watson Watts Y Westmoreland N Whitaker White Y Wiles Y Williams, B Williams, J Williams, R Woods YYates Murphy, Spkr

On the motion, the ayes were 56, nays 60. The motion was lost.

Representative Lee of the 94th moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Alien Y Anderson
N Ashe Y Bailey Y Baker N Bannister YBartoot Y Bargeron N Barnard Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick
Breedlove N Brooks, D
Brooks, T N Brown, J N Brush YBuck Y Buckner NBunn N Burkhalter YByrd

N Campbell N Canty Y Carter Y Chambless Y Channell Y Childers N Coker N Coleman, B Y Coleman, T Y Connell N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs NEhrhart
Epps

N Evans N Falls N Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene N Grindley Y Hanner N Harbin N Harris
Y Heard Y Heckstall
Hegstrom N Hembree Y Henson Y Holland
Hohnes Y Howard Y Hudson
Hugley N Irvin
James Y Jamieson

Y Jenkins N Johnson, G N Johnson, J
Johnston
Jones N Joyce NKaye Y Kinnamon N Klein
NLadd NLakly YLane
Lawrence YLee Y Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin YMcBee YMcCall Y McClinton
Y McKinney

N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal E Orrock
Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert

786

JOURNAL OF THE HOUSE,

N Roberts
Y Rogers Y Royal N Sanders
N Sauder Y Scoggins YShanahan YShaw Y SherriU N Shipp
Simpson

Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W YSmyre N Snelling

YSnow Y Stallings
Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson Streat
Y Taylor YTeague Y Teper

Y Thomas NTillman N Titus N Towery N Trense N Turnquest YTwiggs Y Walker, L N Walker, R.L N Wall Y Watson

Y Watts N Westmorland N Whitaker
White N Wiles N Williams, B N Williams, J
Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 90, nays 68. The motion prevailed.

Representative Ehrhart of the 36th moved that HB 1372 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Alien N Anderson
YAshe N Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnard NBames N Bates N Benefield N Birdsong N Bordeaux
N Bostick Breedlove
Y Brooks, D Brooks, T
Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
Y Canty N Carter N Chambless N Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDii N Dixon, H
N Dixon, S NDobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton
N Floyd N Godbee N Golden YGoodwin N Greene Y Grindley N Hanner Y Harbin Y Harris N Heard NHeckstall N Hegstrom Y Hembree N Henson N Holland
Holmes N Howard N Hudson N Hugley

Ylrvin James
N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye N Kinnamon Y Klein YLadd YLakly NLane
Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas Y Maddoz YMann N Martin N McBee NMcCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal E Orrock NParham

N Parrish Y Parsons N Pelote N Perry Y Pinholster
NPolak N Ponder N Porter
Poston N Powell N PurceU, A N Purcell, B
Randall N Randolph
Ray N Reaves N Reichert Y Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill
Y Shipp Simpson
N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W NSmyre Y Snelling
NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor
NTeague N Teper N Thomas NTillman Y Titus Y Towery Y Trense
N Turnquest NTwiggs N 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, K Y Woods YYates
Murphy, Spkr

On the motion, the ayes were 67, nays 96. The motion was lost.

Representative Walker of the 141st moved that the House reconsider its action on the previous question.
On the motion, the roll call was ordered and the vote was as follows:

Alien
Y Anderson YAshe Y Bailey
Y Baker

Bannister Y Barfoot Y Bargeron Y Barnard Y Baraes

Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick

Breedlove Y Brooks, D
Brooks, T Y Brown, J Y Brush

YBuck Buckner
YBunn Y Burkhalter YByrd

MONDAY, FEBRUARY 12, 1996

787

Y Campbell Y Canty
Carter Y Chambless Y Channell
Childers Y Coker Y Coleman, B
Coleman, T Y Connell Y Crawford
Y Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Diion, H Y Diion, S YDobbs YEhrhart
Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden

YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard YHeckstaU Y Hegstrom Y Hembree Y 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 YKaye Y Kinnamon Y Klein YLadd
Lakly YLane

Y Lawrence YLee Y Lewis Y Lifsey
Lord Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Y Mueller YO'Neal E Orrock YParham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster
YPolak Y Ponder Y Porter
P o ton Y PoweU

Y Purcell, A Y PurceU, B
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Scoggins
Y Shanahan
YShaw Y Sherrill
Y Shipp Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow Y Stallings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus
Y Towery Y Trense Y Turnquest YTwiggs 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
Williams, R
Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 151, nays 1. The motion prevailed.

Representative Sinkfield of the 57th moved that debate on HB 1372 be limited to five minutes with the exception of the Presenter and the Committee Chairman.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Anderson N Ashe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove
N Brooks, D Brooks, T
N Brown, J
N Brush YBuck Y Buckner N Bunn N Buikhalter YByrd N Campbell N Canty Y Carter Y Chambless Y Channell Y Childers N Coker N Coleman, B

Y Coleman, T Y Connell
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 Y Dobbs NEhrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden N Goodwin
Y Greene N Grindley YHanner N Harbin N Harris
Y Heard Y Heckstall
Y Hegstrom N Hembree

Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hugley NIrvin
James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce
NKaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee Y Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton

Y McKinney N Mills Y Mobley, B
Mobley, J Y Mosley N Mueller Y O'Neal E Orrock YParham Y Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder Y Porter
Poston Y Powell Y Purcell, A Y PurceU, B
Randall
Y Randolph Ray Reaves
Y Reichert N Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan

YShaw Y Sherrill N Shipp
Simpson
Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W
YSmyre N Snelling
YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague YTeper Y Thomas YTiUman
Titus N Towery N Trense Y Turnquest
Twiggs

788

JOURNAL OF THE HOUSE,

Y 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
Williams, R

N Woods NYates
Murphy, Spin-

On the motion, the ayes were 98, nays 62. The motion was lost.

The following amendment was read:

Representative Hembree of the 98th, et al. move to amend HB 1372 by striking in their entirety lines 33 through 44 on page 2 and lines 1 through 10 on page 3 and inserting in lieu thereof the following:
"(d) The first member of the commission elected under this Code section shall be elected on the Tuesday next following the first Monday in November, 1998. That mem ber of the commission elected thereto on the Tuesday next following the first Monday in November, 1998, from Public Service Commission District 4 shall take office the first day of January immediately following that election and shall serve for a term of office of six years and until the election and qualification of his or her successor. Those mem bers of the commission elected thereto on the Tuesday next following the first Monday in November, 2000, from Public Service Commission Districts 3 and 5 shall take office the first day of January immediately following that election and shall serve for terms of office of six years and until the election and qualification of their respective succes sors. Those members of the commission elected thereto from Public Service Commission Districts 1 and 2 in 2002 shall take office the first day of January immediately following that election and shall serve for terms of office of six years and until the election and qualification of their respective successors. All future successors to members".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
Y Ashe N Bailey N Baker Y Bannister
N Barfoot N Bargeron Y Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn
Y Burkhalter NByrd
Y Campbell N Canty N Carter N Chambless N Channel! N Childers Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford

Y Crews Y Culbreth
N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dizon, H N Dixon, S N Dobbs YEhrhart 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 N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon
Y Klein YLadd Y Lakly
NLane Y Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal E Orrock NParham

N Parrish Y Parsons N Pelote N Perry Y Pinholster
N Polak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph
Ray N Reaves N Reichert
Roberts Y Rogers N Royal Y Sanders Y Sauder N ScogginB N Shanahan NShaw
Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense
Turnquest NTwiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles
Y Williams, B Y Williams, J
Williams, R
Y Woods YYates
Murphy, Spkr

MONDAY, FEBRUARY 12, 1996

789

On the adoption of the amendment, the ayes were 65, nays 104. The amendment was lost.

The following amendment was read:

Representative Irvin of the 45th moves to amend HB 1372 as follows:
By striking all language on line 26 of page 3 after "upon" and all of line 27 of page 3, and inserting in lieu thereof:
"on January 1 of the year following its approval by the people in a referendum held at the statewide general election in November, 1996."
and by changing other dates in the bill by delaying them all two years.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron
Y Barnard NBames Y Bates N Benefield
N Birdsong N Bordeaux
N Bostick Breedlove
Y Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner Y Bunn Y Burkhalter
NByrd Y Campbell
Y Canty N Carter N Chambless N Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford

Y Crews Y Culbreth N Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S
N Dobbs Y Ehrhart
NEpps Y Evans Y Falls Y Felton
Floyd
NGodbee N Golden YGoodwin
N Greene Y Grindley N Banner Y Harbin Y Harris 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 YLakly 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
E Orrock N Parham

N Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak N Ponder N Porter Y Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp
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 67, nays 105. The amendment was lost.

Y Smith, W
N Smyre
Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N 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
Whitaker
N White Y Wiles Y Williams, B Y Williams, J
Williams, R
Y Woods Y Yates
Murphy, Spkr

The following amendment was read and ruled out of order:

Representative Rogers of the 20th moves to amend HB 1372 as follows:
Page 2 line 21 insert the member elected will receive the same compensation as a State Representative or State Senator.

790

JOURNAL OF THE HOUSE,

The following amendment was read and withdrawn:
Representative Kaye of the 37th moves to amend HB 1372 as follows: Page 2 line 25 insert after "thereto"
", however such length of residency requirements shall not apply to currently serving elected officials".
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
NAshe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron N Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove N Brooks, D Y Brooks, T
Brown, J Brush YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell Y Canty
Y Carter Y Chambless Y Channell Y Childere N Coker N Coleman, B Y Coleman, T Y Connell N Crawford

N Crews N Culbreth Y Cummings
Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDii Y Diion, H Y Diion, S Y Dobbs NEhrhart YEpps N Evans N Falls N Felton
Floyd YGodbee Y Golden NGoodwin Y Greene N Grindley Y Hanner N Harbin N Harris 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
Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein NLadd NLakly
YLane N Lawrence YLee Y Lewis N Lifsey
YLord Y Lucas N Maddox NMann Y Martin Y McBee YMcCall Y McClinton Y McKinney N Mills Y Mobley, B
Y Mobley, J Y Mosley N Mueller Y O'Neal E Orrock YParham

Y Parrish N Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder Y Porter
YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W YSmyre N Snelling
YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
YTeague Y Teper Y Thomas YTillman N Titus N Towery N Trense Y Turnquest YTwiggs
Y Walker, L N Walker, R.L NWall
Y Watson Y Watts N Westmorland
Whitaker Y White N Wiles N Williams, B N Williams, J
Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 109, nays 62. The Bill, having received the requisite constitutional majority, was

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 HB 1372.

The Speaker Pro Tem assumed the Chair.

HB 1493.

By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
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.

MONDAY, FEBRUARY 12, 1996

791

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 Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux Y Boetick
Breedlove Y Brooks, D Y Brooks, T
Y Brown, J 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
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dimn, H Y Diion, S Y Dobbs YEhrhart YEpps Y Evans Y Falls
Pelton Y Floyd YGodbee Y Golden YGoodwin
Y Greene Y Grindley Y Banner
Harbin Y Harris
Y Heard Y Heckstall Y Hegstrom
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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddoi YMann Y Martin
Y McBee YMcCall
Y McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins
YShanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper
Thomas YTiUman Y Titus Y Towery Y Trense N Turnquest YTwiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles
Williams, B Y Williams, J
Williams, R
Woods YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 2. The Bill, having received the requisite constitutional majority, was

HB 1403.

By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to county and municipal levies on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide for liability; to provide for conditions and procedures; to provide for exceptions and exemptions; 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 50 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accom modations, is amended by striking paragraph (1) of subsection (a) of Code Section 48-13-51, relating to county and municipal levies of such excise tax, which reads as follows:

792

JOURNAL OF THE HOUSE,

"(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, 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), (3.3), (3.4), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.",
and inserting in its place a new paragraph (1) to read as follows: "(a)(l)(A)(i) The governing authority of each municipality may, as provided in this Code section, levy and collect an excise tax upon the sale or charges to tran sients for any room, lodging, or accommodation furnished in any transaction
defined as a retail sale under subparagraph (C) of paragraph (6) of Code Section 48-8-2 upon which sales and use taxes are collectable under Chapter 8 of this title. (ii) The governing authority of each county within the territorial limits of the
special tax district located within the county may, as provided in this Code sec tion, levy and collect an excise tax upon the sale or charges to transients for any
room, lodging, or accommodation furnished in any transaction defined as a retail sale under subparagraph (C) of paragraph (6) of Code Section 48-8-2 upon which
sales and use taxes are collectable under Chapter 8 of this title. (B) The tax shall be imposed on any person or legal entity licensed by or required to pay a business license or occupation tax to the governing authority imposing the
tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly fur nished to transients for value and shall apply to the furnishing for value of any
room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall be liable for the tax at the applicable rate on the charges actually collected or the amount of taxes collected from the guest,
whichever is greater. (C) Any tax levied as provided in this Code section is also imposed upon every per son or entity who is a hotel or motel guest and who receives a room, lodging, or
accommodation that is subject to the tax levied under this Code section and Code Section 48-8-32. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommo
dation. The tax shall be a debt of the person obtaining the room, lodging, or accom modation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing
such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel/motel
guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed on the person or entity providing
the room, lodging, or accommodation. (D) This authorization is an exception to the prohibition provided in Code Section 48-8-6. The provisions of this Code section shall be in addition to and not in lieu

MONDAY, FEBRUARY 12, 1996

793

of any other provisions of this article or of Chapter 8 of this title. The provisions of this Code section shall supersede the provisions of any local ordinance or resolu tion to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1996. (E) Except as provided in this Code section, all transactions taxable under Article 1 of Chapter 8 of this title shall be taxable under this article and, except as pro vided in this Code section, all exemptions provided under Article 1 of Chapter 8 of this title shall apply to the tax levied in this article. The tax authorized by this arti cle shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. The tax authorized by this article shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. (F) Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnish ings."
SECTION 2. Said article is further amended by striking Code Section 48-13-53, relating to procedures, and inserting in its place a new Code Section 48-13-53 to read as follows:
"48-13-53.
The Except as otherwise specifically provided in Code Section 48-13-51, the rate of taxa tion, the manner of imposition, payment, and collection of the tax, and all other proce dures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article."
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:

Alien Y Andereon YAshe
Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes
Y Bates YBenefield YBirdsong Y Bordeaux YBostick YBreedlove Y Brooks, D
Y Brooks, T Y Brown, J
Brush YBuck
YBuckner N Bunn Y Burkhalter
YByrd Y Campbell Y Canty

Y Carter Y Chambless YChannell
Y Childers Y Coker
Y Coleman, B Y Coleman, T
Connell Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M
Day Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon, H Y Dkon, S YDobbs
Y Ehrhart Y Kpps Y Evans
Y Falls Y Felton Y Floyd

Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Y Hanner Y Harbin
Harris 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
N Joyce

Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly
Y Lane Y Lawrence Y Lee N Lewis Y Lifsey
Y Lord Y Lucas Y Maddoi 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 E Orrock Y Parham

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster
Y Polak Y Ponder 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
Y Shaw Y Sheirill Y Shipp

794

JOURNAL OF THE HOUSE,

Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling
Snow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas YTillman Y Titus Y Towery

Y Trense Y Turnquest YTwiggs
Walker, L N Walker, R.L YWall Y Watson Y Watte Y Westmorland

Whitaker Y White Y Wiles
Williams B
Y Williams, J Williams, R
Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 823. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.

The following amendment was read and adopted:

Representative Dobbs of the 92nd moves to amend HR 823 as follows: On page 1, line 25 strike the word "an" and substitute the word "and".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Alien
N Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBaraes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
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 Y Crawford

Y Crews Y Culbreth
Y Cununings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YOU Y Diion, H
Y Dinra, S Y Dobbs YEhrhart
YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Y Greene Y Grindley Y Manner
Y Harbin Y Harris 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 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
Lucas Y Maddoi YMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder 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 Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling
Snow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs
Walker, L Y Walker, R.L YWall
Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles
Williams, B Y Williams, J
Williams, R Woods YYates Murphy, Spkr

MONDAY, FEBRUARY 12, 1996

795

On the adoption of the Resolution, as amended, the ayes were 160, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Day of the 153rd stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1454.

By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Goodwin of the 79th, Barnes of the 33rd and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, is amended by striking Code Section 45-20-51, relating to definitions regard ing such deductions, and inserting in its place a new Code Section 45-20-51 to read as fol lows:
"45-20-51.
As used in this article, the term: (1) 'Agency' means any agency, as defined in Code Section 45-20-2, which has fulltime paid state employees and, in addition thereto, shall include the board of regents^ ttd all units of the university systenij public authorities, and public corporations. (2) 'Charitable organization' means any voluntary healthj and welfarez educational, or environmental restoration or conservation agency that is: (A) A private, self-governing, nonprofit organization financed primarily by contribu tions fteaa the public and chartered or authorized to do business in the State of Georgia b^ the office of the Secretary of State; (B) Exempt from taxation under Code Section 48-7-25; (C) One to which contributions are authorized as deductible by Section 170 of the United States Internal Revenue Code, as amended; (D) Qualified as an organization as defined in Section 501 (c) (3) of the United States Internal Revenue Code; and (E) Not a religious organization except that a religious organization is not disquali fied to the extent that it operates a health2 and human efe welfare, educational, or environmental restoration or conservation function on a nonsectarian basis with a distinct and separate budget for this function. (3) 'Eligible voluntary charitable organization' means: (A) A a charitable organization which: ffi(A) Actively conducts health^ e* welfare2 educational, or environmental restora tion or conservation programs and provides services to individuals directed at one or more of the following common human needs within a community: service,

796

JOURNAL OF THE HOUSE,

research, a4 education j the heaW field; family and child care services; protective services for children and adults; services for children and adults in foster care; ser vices related to the management and maintenance of the home; day-care services for adults; transportation services; information, referral, and counseling services; the preparation and delivery of meals; adoption services; emergency shelter, care, and relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support ser vices; or a combination of such services designed to meet the special needs of spe cific groups such as children and youth, the aged, the ill and infirm, or the physically disabled; or provides services concerned with the ecological impact of altering the environment; or provides services concerned with the cultivation or imparting of knowledge or skills; {iiHIKB) Provides direct and substantial services on a state-wide basis?;
(II) la is one of the federated charitable organizations that coordinates fund raising and allocations for at least five local charitable organizations in the vari ous geographic areas in which employees are solicited;; (III) Is is a federation of beth at least five state-wide and local charitable orga nizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs^ or is a health, welfare, educational, or environmental restoration or conservation agency which is a member of a federated, nonsectarian. nonpolitical, eligible voluntary charitable organization subject to such rules and regula tions as the board may prescribe; Ne charitable organization skaH be qualified er certified by the State Personnel Bear ander e*e than ene subdivision ef this division; {iii}(C) Observes a policy and practice of nondiscrimination on the basis of race, color, religion, sex, er national origin, or disability, which policy is applicable to per sons served by the agency, to agency staff employment, and to membership on the agency's governing board; and {J}(D) Does not expend a substantial portion of its efforts to influence the outcome of elections or the determination of public policyt d; \.o.j--A iicditn Q.DU wciidrc ft^cncy wziicfl is d HICIHDCI? of ft rccicpfltccij nORScctctpiun, nonpolitical, eligible voluntary charitable organization subject te such rules and reg ulations as the beard may prescribe. No charitable organization shall be approved by the State Personnel Board under more than one provision of subparagraph (B) of this paragraph. (4) 'Employee' means any person receiving a payroll check from the state for personal service to flu fluency, ciixiploycc toes not mcnicie triosc persons receiving ft pctypon check issued by county."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe
Y Bailey Y Baker
Bannister YBarfoot Y Bargeron Y Barnard Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, J
Brush YBuck Y Buckner

YBunn Burkhalter
YByrd Y Campbell Y Canty N Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B

Y Coleman, T Connell
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 Diion, S
Y Dobbs NEhrhart
YEpps N Evans N Falls Y Felton Y Floyd YGodbee

MONDAY, FEBRUARY 12, 1996

797

Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin N Harris Y Heard YHeckstaU Y Hegstrom N Hembree YHenson Y Holland Y Holmes
Howard Y Hudson Y Hugley Ylrvin Y James Y Jamieson
Jenkins N Johnson, G
Y Johnson, J Y Johnston
Jones

N Joyce NKaye Y Kinnamon Y Klein NLadd NLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox
NMann Y Martin
YMcBee McCall
Y McClinton McKinney
N Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller

Y O'Neal E Orrock YParham Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder 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 YShanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W
Y Smith, L Y Smith, P Y Smith, T N Smith, V
N Smith, W YSmyre N 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 YTillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmorland
Whitaker Y White N Wiles N Williams, B N Williams, J
Williams, R N Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Day of the 153rd stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

SB 604. By Senator Johnson of the 1st:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones, so as to provide that certain restric tions on the operation of watercraft shall not apply to certain licensed events; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter

YByrd Y Campbell
Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Diion, H Y Diion, S Y Dobbs

Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y 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 YLakly YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord Y Lucas
Maddox YMann Y Martin

Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal E Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B

798

JOURNAL OF THE HOUSE,

Randall Y Randolph Y Ray Y Reaves YReichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins YShanahan

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
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 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.

Representative Teper of the 61st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 604.

HB 1437.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend the Official Code of Georgia Annotated, so as to provide that certain exotic animals 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 provisions of law, so as to change a definition and provide for additional definitions; to amend Title 4 of the Official Code of Georgia Anno tated, relating to animals, so as to change provisions relating to marks, brands, and tattoos.

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 Alien YAndereon Y Ashe
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bordeaux Y Bostick YBreedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush Y Buck YBuckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless YChannell Y Childers YCoker

Y Coleman, B Y Coleman, T
Connell
Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Diion, 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 Heard Y Heckstall

Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord 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 E Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall N 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 Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman

MONDAY, FEBRUARY 12, 1996

799

Y Titus Y Towery
YTrense Y Turnquest

YTwiggs Walker, L
Y Walker, R.L
Y WaU

Y Watson
Y Watts Y Westmorland
Whitaker

White Y Wiles Y Williams, B
Y Williams, J

Williams, R Y Woods
YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1331.

By Representative Childers of the 13th:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to driver's license applications and fees, so as to provide for the disclosure to certain organ procurement organizations of certain organ donor information contained on certain drivers' licenses.

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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux YBostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell
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
YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree YHenson 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 Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin YMcBee YMcCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
E Orrock YParham

Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Y Ponder 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 N Sanders Y Sauder Y Scoggins YShanahan NShaw Y Sherrill
YShipp 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 Stalling:
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas YTillman Y Titus
Towery YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmoreland
Whitaker White Y Wiles Y Williams, B Y Williams, J Williams, R
Y Woods YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Day of the 153rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1331.

800

JOURNAL OF THE HOUSE,

HB 1290.

By Representatives Jamieson of the 22nd, Breedlove of the 85th, Maddox of the 108th, Williams of the 63rd, Hembree of the 98th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change a citation to a certain federal act; to amend a certain definition; to amend certain provisions relative to the appli cability of such article.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change a citation to a certain federal act; to amend a certain definition; to amend certain provi sions relative to the applicability of such article; to change certain requirements for obtain ing a certificate of emission inspection; to provide that the Board of Natural Resources may provide for methods of identifying vehicles in violation of clean air standards and to require an emission inspection and corrective action for such vehicles; to allow the board to establish the amount of repair work required to qualify a nonconforming motor vehicle for a waiver from emission requirements; to extend the period from the purchase of a new vehicle for the date of a required emission inspection; to provide that the board shall not enter into any contract resulting in centralized testing; to provide that persons conducting emission inspections may obtain liability insurance in lieu of posting a bond; to provide that certain persons under contract with the Department of Natural Resources may con duct inspections of inspection stations; to provide that the board may establish procedures to prohibit improper reuse of inspection stickers; to change certain provisions relative to the sale of vehicles subject to emission inspection regulations; to provide for matters rela tive to the foregoing; to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of motor vehicle registration, so as to authorize certain access to such records; 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 9 of Title 12 of the Official Code of Georgia, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," is amended by striking in its entirety paragraph (1) of Code Section 12-9-41, relating to legislative findings, and inserting in lieu thereof the following:
"(1) Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal Clean Air Actz {42 U.S.C. Section iSW; et seqr; as amended, and 42 U.S.C. Section 7401, et seq., as amended); and that the USEPA has determined that under certain conditions, such excess levels in such counties are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties;"
SECTION 2. Said article is further amended by striking in their entirety paragraphs (11), (14), (18), and (23) of Code Section 12-9-43, relating to definitions relative to such article, and inserting in lieu thereof, respectively, the following:
"(11) 'Federal Clean Air Act' means 42 U.S.C. Section 1867, et seq^ as amended, and 42 U.S.C. Section 7401, et seq., as amended." "(14) 'Inspection term' means the period of time a certificate of emission inspection shall be considered valid. The specific period of an inspection term shall be estab lished by the rules and regulations promulgated pursuant to this article; provided,

MONDAY, FEBRUARY 12, 1996

801

however, an inspection term shall be no less than 12 months ef store than 34 months." "(18) 'National Ambient Air Quality Standard' or 'NAAQS' means those allowable ambient air concentrations for pollutants, including ozone and carbon monoxide, spec ified by the USEPA pursuant to 42 U.8.C. Section 186?; e* seqry a amended, aad- 42 U.S.C. Section 7401, et seq., as amended." "(23) 'Responsible motor vehicle' means any motor vehicle propelled by gasoline comDustiOR power, except motorcycles ftftd motor QPIVCH cycles, designed tor CQJrym ten passengers er less ftd uacd for the transportation ef- persons and- any meter vehicle propelled fey gasoline combustion pewe designed, used, ef maintained primarily tor tfic trQiispoFtfltioii of property wtticii nos ft FOSS voiiicie wei^ftt petting &t less tfictR 8^60 peands defined by the USEPA and published in the Code of Federal Regula tions as a light duty vehicle or light duty truck, excluding any motor vehicle exempted from this article by the rules and regulations promulgated pursuant to this article; provided, however, that no such exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended."
SECTION 3. Said article is further amended by striking in its entirety Code Section 12-9-44, relating to the uniformity and scope of such article, and inserting in lieu thereof the following:
"12-9-44.
This article shall operate uniformly throughout the state. The provisions and require ments of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area and which the board designates, through regula tion, as a county or area where the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, or carbon monoxide from responsible motor vehicles registered in such county or area. This article shall con tinue to apply in each such county or portion of a county so designated until the USEPA removes such county or area from the Code of Federal Regulations as a nonattainment area and approves an air quality implementation plan which allows the state to maintain the NAAQS in such county without a vehicle inspection program."
SECTION 4. Said article is further amended by striking in its entirety Code Section 12-9-45, relating to certificates of emission inspection, and inserting in lieu thereof the following:
"12-9-45.
(a) In each county to which this article applies, there is required a valid certificate of emission inspection issued by an emission inspection station certified under this article for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid certificate of emission inspection is also required for each responsible motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Code Section 40-2-34 or 40-2-35, whichever is applicable, and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county and for each responsible motor vehicle which is operated 60 days or more in any calendar year on a federal installation located in whole or in part in any such county. (b) A certificate of emission inspection shall be valid for one inspection term. The owner of each responsible motor vehicle subject to subsection (a) of this Code section is required to obtain a new certificate of emission inspection on or before the date the cur rent certificate of emission inspection expires or prior to the vehicle registration date in the year following the expiration of the certificate, as determined by the board. (c) Such certificate of emission inspection must certify that:
(1) An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons, as required by Code Section 12-9-48^ has been performed;

802

JOURNAL OF THE HOUSE,

(2) The responsible motor vehicle complies, as required by Code Section 12-9-48, with applicable emission standards or emission limitations for hydrocarbons, nitrogen oxides, and carbon monoxide specified for such vehicle by the board pursuant to Code Section 12-9-46; (3) An inspection, as required by Code Section 12-9-48, of emission control equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promul gated pursuant to this article has been performed and that such equipment is present and has been maintained as required by Code Section 12-9-48; and (4) An inspection, as required by Code Section 12-9-48, of on-board diagnostic equip ment which was required to be installed on such motor vehicle when new by the fed eral Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed and that sueh equipment is present and has bee maintained, as required by Code Section 12-9-48. (d) In any county or area not designated by the USEPA as a nonattainment area as of November 1, 1990, which is subsequently designated by the board as a nonattainment area subject to this article, the department shall have 12 months from the date such des ignation occurs to establish a program for emission inspection of responsible motor vehi cles in such county or area; provided, however, that for purposes of this article, the earliest date such county or area shall be considered as having been designated as a nonattainment area shall be July 1, 1992. Notwithstanding the provisions of subsection (a) of this Code section, in such counties or areas a certificate of emission inspection shall not be required during this initial 12 month period. Following such initial 12 month period, owners of responsible motor vehicles in such counties or areas shall be
motof veiiicies m sucfi counties ot CIFCQS sti8.il DC PCQuired to ftftve ft certificate ef- emission inspection net later than 34 months after saeh counties r areas have been dcaignatcd as ft nonattainment area obtain a valid certificate of emission inspection no later than the date established by the board. (e) In each county or area subject to this article on July 1, 1992, owners of responsible motor vehicles shall obtain a valid certificate of emission inspection issued pursuant to this article not later than June 30, 1993. (f) The requirements of paragraphs (1) through (4) of subsection (c) of this Code section shall remain in effect in each county or area only either during such time as such county or any part of the county continues to be designated by the USEPA pursuant to the federal Clean Air Act as a nonattainment area or during such time as the emission pro gram for each such county is contained in the state's air quality maintenance plan. (g) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to vehicles registered as specified in subsection (a) of this Code section where the owner of such vehicle certifies, under oath and subject to the mone tary penalty provided in Code Section 16-10-71 upon conviction for false swearing therein, that:
(1) Such vehicle is so registered by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia; (2) At the time the provisions of this article are being or are sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county wherein any responsible motor vehicle is sub ject to the requirements of this article; or (3) Such vehicle is or will be, during the inspection term for which the provisions of this article are being or are sought to be enforced with respect to such motor vehicle, permanently assigned or let for use to a person not domiciled or an established busi ness enterprise not located in any county wherein any responsible motor vehicle is subject to the requirements of this article. The director shall provide the forms for any such certification."

MONDAY, FEBRUARY 12, 1996

803

SECTION 5. Said article is further amended by striking in its entirety paragraph (11) of subsection (a) of Code Section 12-9-46, relating to certain powers and duties of the Board of Natural Resources, and inserting in lieu thereof the following:
"(11) To prescribe by rule or regulation an administrative fee to be remitted te col lected by the department fey from each emission inspection station in a manner deter mined by the board by rule or regulation to cover the cost of required and adequate oversight to confirm that inspections are being done in a proper and adequate manner; provided, however, that 26 504: of each such administrative fee shall be remitted to the county m which such emission inspection station is located for each responsible motor vehicle that is registered in that county; and"
SECTION 6. Said article is further amended by striking at the end of paragraph (5) of subsection (a) of Code Section 12-9-47, relating to certain powers and duties of the Board of Natural Resources, the word "and"; by striking at the end of paragraph (6) of subsection (a) of such Code section the symbol "." and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of subsection (a) of such Code section the following:
"(7) To prescribe by rule or regulation procedures for identifying, through the use of remote sensing technology or other means, vehicles which are producing excessive exhaust emissions at times other than their regularly scheduled inspection. The board may require that any such vehicle undergo an official emission inspection as pre scribed by subsection (a) of Code Section 12-9-48, whether or not such vehicle is cov ered by a valid certificate of emission inspection. The board may prescribe that the owner of any such vehicle which fails to pass such inspection perform repairs and pass a reinspection in the same manner as provided by subsection (d) of Code Section 12-9-48."
SECTION 7. Said article is further amended by striking in its entirety Code Section 12-9-48, relating to the requirement for certificates of emission inspections and related matters, and insert ing in lieu thereof the following:
"12-9-48.
(a) Each responsible motor vehicle subject to any requirement under Code Section 12-9-45 must receive a certificate of emission inspection once during any inspection term from an emission inspection station holding a valid certificate of authorization from the department. A certificate of emission inspection shall be issued for such a responsible motor vehicle if, upon inspection by a licensed mechanic inspector, the mechanic inspec tor determines, consistent with the terms of Code Section 12-9-45, with respect to such responsible motor vehicle:
(1) That any emission control equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected by the regula tions of the board promulgated pursuant to this article has been inspected and the mechanic inspector has determined that such equipment has not been rende-ed unser viceable by removal, alteration, lack of maintenance, or other interference with its operation unless such equipment was replaced with equivalent equipment which has been certified by the USEPA; (2) That an inspection and testing of the exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from such responsible motor vehicle has been performed; (3) That an inspection and testing of evaporative emissions of hydrocarbons from such responsible motor vehicle has been performed; (4) That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon, nitrogen oxides, or carbon monoxide prescribed by the board pursuant to this article; and (5) That any on-board diagnostic equipment required on such responsible motor vehi cle when new by the federal Clean Air Act and required to be inspected pursuant to

804

JOURNAL OF THE HOUSE,

the regulations promulgated by the board has been inspected and the mechanic inspector has determined that such equipment feas net bee rendered unserviceable by removal, alteration, teek- of maintenance, or other interference with its operation meets the inspection criteria prescribed by the board. (b) Compliance with any applicable emission standards, emission limitations, standards for emission control equipment, or standards for on-board diagnostic equipment shall be determined by mechanic inspectors meeting qualifications; using methods, techniques, and equipment; under conditions; and following inspection procedures prescribed by the board pursuant to this article. (c) If the inspection discloses any violation of any applicable emission standard, emis sion limitation, standard of emission control equipment, or standard for on-board diag nostic equipment, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess or the specific emission control equipment or on-board diagnostic equipment which is in violation of the standard.
(d) The owner shall have necessary maintenance and repairs performed on any responsi ble motor vehicle violating any applicable emission standard, emission limitation, stan dard for emission control equipment, or standard for on-board diagnostic equipment and return the responsible motor vehicle for reinspection at an emission inspection station within 30 days of the initial inspection. Such reinspection shall be at no charge to the owner. If, upon reinspection, such motor vehicle fails to meet the requirements of sub section (a) of this Code section, no certificate of emission inspection shall be issued unless the owner proves, by means of repair facility receipts or other written documents, that:
(1) He or she has replaced any emission control equipment, exhaust system equip ment, or on-board diagnostic equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable; (2) He or she has spent at least $450.00 or such amount as the board establishes, con sistent with the federal Clean Air Act, in the repair and maintenance of the responsi ble motor vehicle exhaust and evaporative, as applicable, emission control systems, on-board diagnostic equipment, or related equipment not covered by warranty since the initial inspection in the current inspection term; provided, however, that the $450.00 repair waiver authorized in this paragraph shall be increased annually by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor, as of the close of the 12 month period ending the last day of August of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer
Price Index for 1989 shall be used; and (3) Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions, as applicable, since the initial inspection. (e) The board shall may require each responsible motor vehicle to display an emission
inspection sticker issued in conjunction with a certificate of emission inspection on the motor vehicle once it has been approved as meeting the requirements of this article. Any Seh emission inspection sticker shall bear the dte the vehicle was inapcctcd, the num-
oCf OF otiler idcn til icfltion oi eric inspecting stfltion; tnc si^nfiturc of tne mccnflnic inspector performing the inapcction, and such other information as shall be required by
the director. The mechanic inspector shall remove from the vehicle being inspected any old emission inspection sticker when a new emission inspection sticker is issued.
(f) All certificates of emission inspection shall be issued for the inspection term. (g) A new responsible motor vehicle otherwise required under Code Section 12-9-45 to have an inspection or certificate of inspection shall not be required to have either that
inspection or certificate at the time of the initial retail sale or delivery of that vehicle, but the required emission inspection and certificate of inspection shall be obtained prior to WIG time tnc initial owner first IF&H9I^FS sucn vcnicic of witnin TS montiis

MONDAY, FEBRUARY 12, 1996

805

the date ef the initial sate ef the vehicle when new, whichever occurs first vehicle regis tration date in the calendar year two years after the vehicle's model year or at such other time as the board may establish by rule or regulation. (h) The board may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission inspection required in any inspection term may have a duplicate certificate of emission inspection issued. These methods may include, but are not limited to, the following:
(1) Any approved emission inspection station may issue said duplicate certification of emission inspection upon the owner's demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its window; (2) The director shall issue said duplicate certification of emission inspection upon the owner's demonstrating to the director that said vehicle had been inspected previously and featl obtained bears a current and valid inspection sticker; or (3) In the event a windshield bearing a valid emission inspection sticker is replaced, a new emission inspection sticker may be issued for such vehicle within 30 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle executes an affidavit in a form furnished by the director stating that the windshield of his or her vehicle has been replaced and giving such other informa tion as the director may require and pays to the inspection station a fee ef- $1.00 in an amount equal to the actual administrative cost of issuing such a sticker which shall be no less than the cost of the sticker plus the cost of computer access. The vehicle may be operated on the highways without an emission inspection sticker for 30 days after the replacement of the windshield if proof of the date of such replacement is car ried in the vehicle. In all cases, the new emission inspection sticker or duplicate certificate of emission inspection shall be valid only for the remainder of the period for which the replaced emission inspection sticker or certificate of emission inspection was to be valid."
SECTION 8. Said article is further amended by striking in their entirety subsections (c) and (d) of Code Section 12-9-49, relating to applications to conduct emission inspections, and inserting in lieu thereof, respectively, the following:
"(c) The board shall not in any manner limit the number, location, and types of autho rized inspection stations certified to operate in any nonattainment area, county, or any portion of a county or area. In no event shall the board enter into any contract or into a series of contracts the effect of which will be the realization of centralized testing. (d) The director, prior to issuing a certificate of authorization, shall require proof that the applicant has either filed a bond or has obtained liability insurance in a form and amount satisfactory to the director to ensure compensation for any damage to a vehicle during an inspection or adjustment caused by negligence of the applicant or its agent."
SECTION 9. Said article is further amended by striking in its entirety Code Section 12-9-50, relating to the authority to inspect, monitor, and investigate emission inspection stations, and inserting in lieu thereof the following:
"12-9-50.
Any duly appointed agent of the director including without limitation any person with whom the board has contracted pursuant to paragraph (12) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon pre sentation of the agent's credentials to inspect, monitor, or investigate the operation of any emission inspection station or any establishment suspected of holding itself out as being an emission inspection station to determine whether such emission inspection sta tion or establishment is in compliance with the requirements of this article."
SECTION 10. Said article is further amended by striking in its entirety Code Section 12-9-51, relating to the requirement for an emission inspection for the registration of a motor vehicle and related matters, and inserting in lieu thereof the following:

806

JOURNAL OF THE HOUSE,

"12-9-51.
(a) Beginning July 1, 1992, it shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12-9-45 pursuant to or subject to the requirements of Chapter 2 of Title 40 tmtess the ewHer provides without proof of a valid certificate of emission inspection issued pursu ant to Code Section 12-9-48 indicating that such responsible motor vehicle satisfied all applicable requirements of Code Section 12-9-45 and Code Section 12-9-48. In applying for a motor vehicle registration for a responsible motor vehicle subject to any require ment under Code Section 12-9-45, the application shall be accompanied by proof of the issuance of a certificate of emission inspection issued pursuant to Code Section 12-9-48. Any county which registers any responsible motor vehicle without proof of a certificate of emission inspection shall be in violation of this article. (b) It shall be unlawful to and no person shall operate a responsible motor vehicle sub ject to any requirement under Code Section 12-9-45 on the roadways of this state with out a valid registration issued in compliance with this article. Any person who operates a responsible motor vehicle subject to any requirement under Code Section 12-9-45 on the roadways of this state without a valid registration issued in compliance with this article shall be considered to be operating an unregistered motor vehicle. (c) The board may provide for a procedure to be implemented by each county to ensure that certificates of emission inspection are not improperly reused. Back county issuing a rcaponaiblc fiaeter vehicle registration upon proof ef a valid certificate ef emission inspection SfiflU mftpif sucn ceP111icflte of emission inspection m ~tt monnep sumcicnt to identify that such certificate has been presented as jMeef ef compliance with -this article for a rcaponaiblc eter vehicle. Je county shall issue a registration te responsible meter vehicle ift
(1) The inspection te is 13 months a4 the certificate ef emission inspection pre sented as proof ef compliance with this article has been previously marked; or \i)-- i itc 1119pcction term is longer tftftn TB niontfis find tne ceptincflte of emission

SECTION 11. Said article is further amended by striking in its entirety Code Section 12-9-54, relating to the sale of motor vehicles required to have an emissions inspection, and inserting In lieu thereof the following:
"12-9-54.
No person shall sell or offer for sale any motor vehicle which is intended for highway use if such vehicle is at the time of the sale a responsible motor vehicle required to have a certificate of emission inspection under Code Section 12-9-45, unless there appears on such vehicle an unexpired valid certificate of emission inspection issued pursuant to this article. Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for a first offense, $500.00 for a second offense, and $1,000.00 for each subsequent offense. Ifj as a restt& ef the sate ef-a responsible meter vehicle subject te aay requirement mutter 6ede Section 'Xa~yTM4Oj sucJn motof vcnicic would not, if immediftte'ly registered oy trie pxipctifls6p ts provided Dy iflWj DC registered ift ft county m* wnicn tnc reQuipements of~ oodc oectiou 13 Q 46 are applicable, this Code section shall net apply."
SECTION 12. Said article is further amended by striking in its entirety subsection (c) of Code Section 12-9-55, relating to certain prohibited acts and related matters, and inserting in lieu thereof the following:
"(c) It shall be unlawful for any person to operate or permit to be operated on any high way of this state a responsible motor vehicle registered in any county subject to this article pursuant to or subject to the requirements of Chapter 2 of Title 40, which is at the time of operation required to have a certificate of emission inspection under Code

MONDAY, FEBRUARY 12, 1996

807

Section 12-9-45, without a valid certificate of emission inspection and emission inspec tion stickerj if required being displayed e 9eh vehicle. If the owner of any motor vehi cle who has been notified of the requirement of an emission inspection pursuant to paragraph (7) of subsection (a) of Code Section 12-9-47 fails to have the vehicle inspected within 30 days after receipt of such notice, such vehicle shall be in violation of this article and any certificate of emission inspection and any emission inspection sticker previously issued for such vehicle shall be deemed invalid. For purposes of this subsection, each day of operation or permission is a separate offense."
SECTION 13. Said article is further amended by striking in its entirety Code Section 12-9-57, relating to the automatic repeal of such article, and inserting in lieu thereof the following:
"12-9-57.
This article? the 'Georgia Meter Vehicle Emission Inspection and Maintenance Act;' shall remain of force and effect only so long as the federal Clean Air Act2 {42 U.S.C. Seetie 1867, et sq77 as amended, and 42 U.S.C. Section 7401, et seq., as amended>2 shall require that requires the State of Georgia to maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient air levels of ozone or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said act. Upon the effective date of an amendment to the federal Clean Air Act which shall allow allows the State of Georgia to discontinue the maintenance and enforcement of the inspection program provided for in this article without the imposition of sanctions against the State of Georgia such as the loss of fed eral funds for sewage treatment plants, transportation projects, air quality improvement projects, a moratorium on development within any area of the state, or other substantial penalty, this article shall be repealed."
SECTION 14. Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of motor vehicle registration, is amended by striking the word "and" at the end of paragraph (6) of subsection (c); by striking the symbol "." at the end of paragraph (7) of such subsec tion and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of such subsection the following:
"(8) The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee."
SECTION 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Ladd of the 59th, et al. move to amend the Committee substitute to HB 1290 as follows:
Delete Section 11. renumber remaining sections accordingly.

The following amendment was read:

Representative Mann of the 5th, et al. move to amend the Committee substitute to HB 1290 as follows:
On page 6, after line 23 add:

808

JOURNAL OF THE HOUSE,

(H) Each member of the Georgia General Assembly who lives outside the metropolitan Atlanta area but who drives an automobile into the area, shall have that automobile tested under the provisions of this Act.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard YBarnes N Bates N Benefield
BinUong N Bordeaux NBostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck Y Buckner YBunn N Burkhalter NByrd
Campbell Y Canty N Carter N Chambless N Channel! N Childers Y Coker Y Coleman, B
Coleman, T Connell
N Crawford

Y Crews Y Culbreth N Cummings Y Davis, G Y Davis, M
Day N DeLoach, B N DeLoach, G
Dix Dixon, H N Diion, S
N Dobbs YEhrhart
Epps Y Evans Y Falls
N Felton Y Floyd NGodbee N Golden YGoodwin
Greene Y Grindley N Manner
Harbin Y Harris N Heard Y Heckstall N Hegstrom Y Hembree N Henson
Holland Holmes
N Howard N Hudson N Hugley

Ylrvin
N James N Jamieson N Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye N Kinnamon Y Klein
YLadd YLakly
NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin
NMcBee NMcCall
McClinton McKinney Y Mills N Mobley, B
N Mobley, J N Mosley Y Mueller N O'Neal E Orrock NParham

N Parrish Y Parsons
N Pelote N Perry Y Pinholster N Polak N Ponder N Porter E Poston N Powell N Purcell, A
Purcell, B NRandall N Randolph NRay N Reaves N Reichert N Roberts N Rogers
Royal Y Sanders Y Sauder
Scoggins N Sbanahan NShaw N Sherrill Y Shipp
Simpson Y Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Smith, W Smyre Y Snelling N Snow NStallings N Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson
Streat N Taylor NTeague Y Teper N Thomas
Tillman Y Titus Y Towery Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L YWall
Watson N Watts Y Westmorland
Whitaker N White Y Wiles Y Williams, B Y Williams, J
Williams, R Y Woods
Y Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 64, nays 87. The amendment was lost.

The following amendment was read:

Representative Teper of the 61st moves to amend the Committee substitute to HB 1290 as follows:
On page 1 line 3 strike everything after the word "Act," through the word "records;" on line 29 and insert the words
"so as to delete this Article;"
and on
Page 1 line 35 strike everything after the word "striking" and insert
"this article."
Strike everything on pages 2 through 14 and everything on page 15 from line 1 through line 28.
Renumber Section 15 and Section 16 accordingly.

MONDAY, FEBRUARY 12, 1996

809

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien N Anderson
N Ashe Y Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard Y Barnes N Bates Y Benefield
Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T N Brown, J Y Brush NBuck N Buckner
YBunn Y Burkhalter
NByrd Campbell
N Canty N Carter
Chambless N Channel! N Guilders N Coker N Coleman, B
Coleman, T Connell Y Crawford

Y Crews N Culbreth N Cummings
Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G
YDix Dixon, H
N Dixon, S N Dobbs YEhrhart
Epps N Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin Y Greene Y Grindley N Hanner Y Harbin Y Harris N Heard Y Heckstall N Hegstrom
Y Hembree N Henson
Y Holland Holmes
N Howard N Hudson N Hugley

NIrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones
Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane N Lawrence YLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin NMcBee
McCall McClinton McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal E Orrock N Parham

N Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak N Ponder N Porter E Poston
Powell N Purcell, A
Purcell, B NRandall Y Randolph
NRay N Reaves N Reichert N Roberts N Rogers
Royal Y Sanders N Sauder
Scoggins N Shanahan YShaw 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 N Smith, V

On the adoption of the amendment, the ayes were 57, nays 96. The amendment was lost.

Smith, W N Smyre Y Snelling
Snow N Stallings
N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P N Stephenson N Streat N Taylor
N Teague Y Teper N Thomas
Tillman Y Titus Y Towery NTrense N Turnquest N Twiggs N Walker, L Y Walker, R.L NWall
Watson
Y Watts Y Westmoreland
Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
N Yates Murphy, Spkr

The following amendment was read:

Representatives Parsons of the 40th and Wiles of the 34th move to amend the Committee substitute to HB 1290 as follows:
Create paragraph (h) of Section 4 and insert after line 21, page 6
Vehicles that are driven less than 5,000 miles per year and are 10 years old or older will be exempted from testing provided that the owner of such vehicle is 65 years old or older.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
N Anderson 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
Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck Y Buckner

Y Bunn Y Burkhalter
NByrd Campbell
Y Canty N Carter
Chambless
Y Channell N Childere Y Coker Y Coleman, B

Coleman, T Connell Y Crawford Y Crews Y Culbreth N Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G

YDix Dixon, H
N Dixon, S
N Dobbs YEhrhart
Epps Y Evans Y Falls Y Felton N Floyd NGodbee

810

JOURNAL OF THE HOUSE,

N Golden YGoodwin N Greene Y Grindley N Manner YHaibin Y Harris N Heard NHeckstall N Hegatrom Y Hembree N Henson Y Holland
Holmes N Howard N Hudson N Hugley Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones

Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee Y Lewis Y Lifsey
YLord N Lucas Y Maddox YMann N Martin NMcBee YMcCall
McClinton McKinney Y Mills Y Mobley, B N Mobley, J YMosley Y Mueller

Y O'Neal E Orrock NParham NParrish Y Parsons Y Pelote Y Perry
Y Pinholster NPolak N Ponder N Porter EPoston Y Powell
N Purcell, A Purcell, B
NRandall Y Randolph
NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder

Scoggins N Shanahan
Shaw Y Sherrill
YShipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V
Smith, W N Smyre Y Snelling N Snow NStaUings
N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P N Stephenson
N Streat

N Taylor N Teague Y Teper Y Thomas
Tillman Y Titus
Y Towery NTrense
N Tumquest YTwiggs N Walker, L Y Walker, R.L N Wall
Watson
N Watta Y Westmoreland
Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 81, nays 78. The amendment was adopted.

Representative Hanner of the 159th moved that the House reconsider its action in adopting the Parsons amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard NBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux YBostick
Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck N Buckner NBunn N Burkhalter YByrd
Campbell Y Canty Y Carter Y Chambless N Channel! Y Childers N Coker N Coleman, B
Coleman, T Connell N Crawford

N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix
Dixon, H
Y Dixon, S Y Dobbs NEhrhart
Epps N Evans N Falls N Felton Y Floyd Y Godbee Y Golden N Goodwin
Greene N Grindley Y Hanner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hugley

NIrvin Y James Y Jamieaon
Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly YLane N Lawrence YLee N Lewis N Lifsey
YLord Y Lucas N Maddox NMann Y Martin Y McBee YMcCall
McClinton McKinney N Mills N Mobley, B Y Mobley, J Y Mosley N Mueller N O'Neal E Orrock Y Parham

On the motion, the ayes were 92, nays 69.

Y Parrish N Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder Y Porter EPoston Y Powell Y Purcell, A
Purcell, B YRandall M 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 Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

Smith, W Y Smyre N Snelling
YSnow YStalUngs Y Stancil, F N Stancil, S Y Stanley, L N Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper N Thomas
Tillman N Titus N Towery YTrense Y Tumquest YTwiggs Y Walker, L N Walker, R.L Y Wall
Y Watson Y Watts N Westmoreland
Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates Y Murphy, Spkr

MONDAY, FEBRUARY 12, 1996

811

The motion prevailed.
On the re-adoption of the Parsons amendment, the roll call was ordered and the vote was as follows:

N Alien N Andereon
NAshe Y Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard
YBaraes N Bates Y Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck Y Buckner YBunn Y Burkhalter
NByrd Campbell
N Canty N Carter N Chambless Y Channell N Childers YCoker Y Coleman, B
Coleman, T Connell Y Crawford

Y Crews Y Culbreth
N Cummings Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G
YDix Dixon, H
N Dixon, S
N Dobbs YEhrhart
Epps Y Evans Y Falls Y Felton
N Floyd N Godbee N Golden YGoodwin
Y Greene Y Grindley N Manner Y Harbin Y Harris
N Heard N Heckstall N Hegstrom
Y Hembree N Henson Y Holland
Holmes N Howard N Hudson N Hugley

Ylrvin Y James N Jamieson
N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence
YLee Y Lewis
Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee
McCall McClinton McKinney Y Mills Y Mobley, B N Mobley, J N Mosley Y Mueller
Y O'Neal EOrrock N Parham

N Parrish Y Parsons N Pelote Y Perry Y Pinholster NPolak N Ponder N Porter E Poston
Powell N Purcell, A
Purcell, B NRandall Y Randolph YRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan NShaw Y Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W
Smith, L N Smith, P N Smith, T Y Smith, V

On the re-adoption of the amendment, the ayes were 80, nays 78. The amendment was adopted.

Smith, W NSmyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P N Stephenson
N Streat N Taylor N Teague Y Teper Y Thomas
Tillman Y Titus Y Towery
N Trense N Turnquest
Twiggs N Walker, L Y Walker, R.L
N Wall N Watson N Watts Y Westmorland
Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates N Murphy, Spkr

The following amendment was read:

Representative Evans of the 28th moves to amend the Committee substitute to HB 1290 by striking the quotation marks at the end of line 24 on page 11 and inserting immediately following line 24 on page 11 the following:
"(i) The inspection provided for in subsection (a) of this Code section shall be done with the vehicle in a nondriven gear through December 31, 1997. On and after January 1^ 1998, such inspection may be done with the vehicle in a driven gear.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderaon
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
Breedlove Y Brooks, D N Brooks, T

Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd
Campbell
N Canty

N Carter N Chambless N Channell N Childers Y Coker Y Coleman, B
Coleman, T Connell Y Crawford

Y Crews Y Culbreth N Cummings
N Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix

812

JOURNAL OF THE HOUSE,

Dixon, H N Dixon, S NDobbs
YEhrhart Epps
Y Evans Y Falls Y Felton NFloyd N Godbee N Golden YGoodwin Y Greene Y Grindley N Hanner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland
Holmes Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee Y Lewis YLifsey NLord N Lucas Y Maddox YMann N Martin N McBee NMcCall
McClinton

McKinney Y Mills
Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal E Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak N Ponder
N Porter EPoston
N Powell N Purcell, A
Purcell, B NRandall Y Randolph NRay N Reaves N Reichert N Roberts

N Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan NShaw N SherriU YShipp 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
Smith, W
N Smyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P

N Stephenson N Streat N Taylor NTeague Y Teper N Thomas
Tillman Y Titus Y Towery
Y Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L YWall N Watson N Watts
Y Westmoreland Whitaker
N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 69, nays 92. The amendment was lost.

The following amendment was read:

Representative Evans of the 28th moves to amend the Committee substitute to HB 1290 by striking lines 21 through 41 on page 9 and inserting in lieu thereof the following:
"(2) He or she has spent at least $460.00 $200.00 in the repair and maintenance of the responsible motor vehicle exhaust and evaporative, as applicable, emission control sys tems, on-board diagnostic equipment, or related equipment not covered by warranty since the initial inspection in the current inspection term; provided, however, that the ip4oU.i^u Fcpflii* wflivcp QutilorIEcd m tftis pQ.TftPflpii siiflii DC incPCftscd ftnmiftiiy Dy trie percentage, if any? by which the Consumer Price fade* for the moat recent calendar year ending before the beginning ef such yeat exceeds the Consumer Price Index for the careada* yea* 1080. Fet purposes ef- this paragraph, the Consumer Price fades 4s the aver age ef the Consumer Price fadex for H wba conaumcrs published fey the Bureau ef-
uADOP OtQX1911C9 Or til United OtfltCS UCpftPl-IIlCHt Or J-jflDOF) ft& Or tilC C1O9C Or IIIC J.*i
moirtft period cnom tiic iflst dfty ot /lU^ust or cflcft c&icndftp ycflr^ ond tuc revision ot the Consumer Price Index which is most consistent with the Consumer Price fades for

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
N Ashe N Bailey N Baker Y Bannister NBarfoot N Bargeron Y Barnard YBarnes N Bates N Benefield N Birdsong

N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck Y Buckner YBunn Y Burkhalter NByrd
Campbell

N Canty N Carter N Chambless Y Channell N Childers Y Coker Y Coleman, B
Coleman, T Connell Y Crawford Y Crews Y 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 N Golden Y Goodwin Y Greene Y Grindley N Hanner Y Harbin Y Harris N Heard N HeckstaU N Hegstrom

MONDAY, FEBRUARY 12, 1996

Y Hembiee N Henson N Holland
Holmes N Howard N Hudson N Hugley Ylrvin
N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence

NLee Y Lewis YLifsey NLord
N Lucas Y Maddox YMann N Martin N McBee
McCaU
McClinton McKinney
Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller NO'Neal EOrrock NParham
N Parrish Y Parsons N Pelote

N Perry Y Pinholster NPolak
N Ponder N Porter E Poston
Powell
N Purcell, A Purcell, B
NRandall Y Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders
Y Sauder Scoggins
N Shanahan NShaw N Sherrill

Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V
Smith, W
NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P N Stephenson N Streat N Taylor NTeague

On the adoption of the amendment, the ayes were 71, nays 89. The amendment was lost.

813
Y Teper N Thomas
Tillman Y Titus Y Towery Y Trense N Tumquest NTwiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmorland
Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates N Murphy, Spkr

The following amendments were read and adopted:
Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 1290 by striking "36 50(t" and inserting in its place "S6* $1.00" on line 36 of page 6.
By striking the quotation marks at the end of line 24 of page 11 and inserting between lines 24 and 25 of page 11 the following:
"(i) The inspection provided for in subsection (a) of this Code section shall not require any alteration of any portion of the engine or equipping of the engine with any device for the sole purpose of facilitating the conduct of such test during the testing periods for 1997 and 1998.'"

Representative Johnson of the 84th moves to amend the Committee substitute to HB 1290 by striking line 8 on page 1 and inserting in lieu thereof the following:
"inspection; to provide that a certain certification by military personnel may be made by mail; to provide that the Board of Natural Resources".
By striking line 3 on page 6, and inserting in lieu thereof the following:
"false swearing therein, which certification may be made either by mail and accompa nied by a photocopy of the person's military identification card or in person, that:".

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 Alien Y Andersen Y Ashe Y Bailey Y Baker

N Bannister YBartoot Y Bargeron Y Barnard N Barnes

Y Bates Y Benefield Y Birdsong
Y Bordeaux N Bostick

Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush

YBuck Y Buckner
NBunn N Burkhalter
YByrd

814

JOURNAL OF THE HOUSE,

Campbell Y Canty
Y Carter Y Chambless
Y Channell Y Childere
N Coker N Coleman, B
Coleman, T Connell N Crawford N Crews Y Culbreth N Cummings Y Davis, G Davis, M NDay Y DeLoach, B N DeLoach, G NDix
Dizon, H Y Diion, S YDobbs NEhrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden

YGoodwin Y Greene N Grindley Y Banner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland
Holmes Y Howard
Y Hudson Y Hugley NIrvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly YLane

N Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin Y McBee YMcCall
McClinton McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
EOrrock YParham Y Parrish N Parsons Y Pelote N Perry N Pinholster YPolak Y Ponder Y Porter E Poston Y Powell

Y PurceU, A Purcell, B
YRandall
N Randolph YRay Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal N Sanders N Sauder
Scoggins Y Sbanahan
Shaw Y Sherrill N Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T
N Smith, V Smith, W
YSmyre N Snelling YSnow Y Stallings

Y Stancil, F N Stancil, S Y Stanley, L N Stanley, P Y Stephenson Y Streat Y Taylor YTeague NTeper N Thomas
Tillman N Titus N Towery YTrense Y Turnquest YTwiggs Y Walker, L
N Walker, R.L Y WaU Y Watson Y Watts N Westmorland
Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates Y Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 98, nays 64.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to a mechanical malfunction, the vote of Representative Davis of the 60th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Jamieson of the 22nd moved that HB 1290 be ordered immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker
Bannister Barfoot Y Bargeron Y Barnard YBarnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner NBunn Y Burkhalter YByrd
Campbell Y Canty Y Carter

Y Chambless Y ChanneU Y Childers Y Coker N Coleman, B
Coleman, T Connell Y Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G Du Dizon, H Y Dixon, S Y Dobbs NEhrhart YEpps N Evans N Falls Y Felton Y Floyd YGodbee Y Golden

NGoodwin Y Greene
N Grindley YHanner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson
Y Holland Holmes
Y Howard
Y Hudson Y Hugley NIrvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye Y Kinnamon N Klein

YLadd NLakly YLane N Lawrence YLee Y Lewis N Lifsey YLord Y Lucas N Maddoz NMann Y Martin
Y McBee YMcCall
McClinton McKinney N Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
EOrrock YParham Y Parrish
N Parsons Y Pelote Y Perry

N Pinholster YPolak Y Ponder Y Porter E Poston Y Powell Y PurceU, A
Purcell, B YRandall N Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder
YShanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W

MONDAY, FEBRUARY 12, 1996

815

Y Smith, L Y Smith, P Y Smith, T N Smith, V
Smith, W YSmyre N Snelling YSnow

Y Sellings Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor

YTeague NTeper Y Thomas
Tillman Y Titus Y Towery YTrense 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

On the motion, the ayes were 110, nays 47. The motion prevailed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

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 Jenkins of the 110th moved that the following Bill of the House be recommitted to the Committee on Special Judiciary:

HB 1295.

By Representatives Jenkins of the 110th, Sherrill of the 62nd, Lewis of the 14th, Ray of the 128th, Rogers of the 20th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to deposit account fraud, so as to provide a mechanism for a court to award interest on restitution paid to the holder of the worthless instrument; to limit civil action if interest is awarded.

The motion prevailed.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

816

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 13, 1996

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 Beth Ann Estock, Associate Pastor, Druid Hills United Methodist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1668. By Representatives Watts of the 26th and Childers of the 13th: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that certain food which has been repackaged or relabeled shall be deemed misbranded unless the new label discloses certain information.
Referred to the Committee on Industry.
HB 1672. By Representatives Campbell of the 42nd and Trense of the 44th: 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 each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 13, 1996

817

HB 1673. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1674. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to create the Troup Family Connection Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1675. By Representative Day of the 153rd:
A bill to provide a homestead exemption from City of Tybee Island ad valo rem taxes for city purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1676. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, so as to change the provisions relating to the compensation and ben efits of such officer.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1677. By Representative Pelote of the 149th:
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 that special assessments must be paid as a part of such redemption; to provide that for purposes of ad valorem tax foreclosures, the redemption amount shall include special assessments.
Referred to the Committee on Ways & Means.

HB 1678. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the Richmond Hill Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in Richmond Hill and Bryan County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1679. By Representatives Floyd of the 138th, James of the 140th and Walker of the 141st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Dooly County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by law.
Referred to the Committee on State Planning & Community Affairs - Local.

818

JOURNAL OF THE HOUSE,

HB 1680. By Representatives Perry of the llth and Smith of the 12th: A bill to amend an Act providing for the filling of vacancies in the member ship of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1681. By Representative Dix of the 76th:
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 regu lation of consumer reporting and the rights and duties of consumers, consumer reporting agencies, and others. Referred to the Committee on Industry.
HB 1682. By Representatives Orrock of the 56th, Irvin of the 45th, Baker of the 70th and Klein of the 39th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions of local government law applicable to counties only, so as to provide procedures for a governing authority of a county with a population of 400,000 or more to appropriate money for and make grants or contributions to charitable organizations with activities in the county. Referred to the Committee on State Planning & Community Affairs.
HB 1683. By Representatives Mueller of the 152nd and Bordeaux of the 151st:
A bill to amend Code Section 48-5-295 of the Official Code of Georgia Anno tated, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, so as to change the terms of office of members of county boards of tax assessors.
Referred to the Committee on Ways & Means.
HB 1684. By Representatives Jamieson of the 22nd and Powell of the 23rd:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to provide for term limitations for the mayor and the members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1685. By Representatives Bordeaux of the 151st, Kinnamon of the 4th, Martin of the 47th, Dix of the 76th, Campbell of the 42nd and others:
A bill to amend Article 8 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to argument and conduct of counsel, so as to provide which parties are entitled to opening and concluding arguments.
Referred to the Committee on Judiciary.
HB 1686. By Representatives Holland of the 157th, Chambless of the 163rd, Bostick of the 165th, Hudson of the 156th, Hanner of the 159th and others:
A bill to amend Article 1 of Chapter 9 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to verdict and judgment, so as to amend the prohibition against executing persons who were under the age of 17 at the time of the offense to apply to persons 16 years or older at the time of the offense.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 13, 1996

819

HB 1687. By Representative Lord of the 121st:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance gener ally, so as to prohibit point-of-service options for health insurance coverage offered through a health maintenance organization or other health benefit plan.
Referred to the Committee on Insurance.

HR 995. By Representative Hudson of the 156th:
A resolution creating the Joint Study Committee on the Georgia Firemen's Pension Fund.
Referred to the Committee on Rules.

HR 1000. By Representative Mueller of the 152nd:
A resolution proposing an amendment to the Constitution so as to provide for the election of the Board of Natural Resources, the Board of Human Resources, and the State Board of Education by members of the House of Representatives and Senate meeting in caucus and to change the terms of the members of such boards.
Referred to the Committee on Rules.

HR 1001. By Representatives Bates of the 179th, Ponder of the 160th and Royal of the 164th:
A resolution authorizing the conveyance of certain state owned real property located in Decatur County.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the com mittees:

HB 1704. By Representatives Porter of the 143rd, Jamieson of the 22nd and Dobbs of the 92nd:
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 groundwater use, so as to provide that persons in violation of certain provisions relating to the operation of certain sewer systems shall be subject to certain civil penalties.
Referred to the Committee on Natural Resources & Environment.

HR 1006. By Representative Coleman of the 142nd: A resolution compensating Mr. Emmitt T. Lowery, Jr.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

820

JOURNAL OF THE HOUSE,

HB 1105 HB 1655 HB 1656 HB 1657 HB 1658 HB 1659 HB 1661
HHtltRBt I11f66if66i45 HB 1669 HB 1670 HB 1671 HR 987 HR 988 HR 992

SB 164 SB 424 SB 492 SB 512 SB 550 SB 566 SB 575
S,,~B,, bR57TM16n SB 638 SB 640 SB 689 SB 690 SB 691 SB 692

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1365 Do Pass, by Substitute HR 980 Do Pass SB 655 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1569 Do Pass, by Substitute SB 608 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate has instructed me to report the same back to the House with the fol lowing recommendations:

TUESDAY, FEBRUARY 13, 1996

821

HB 407 Do Pass, by Substitute SB 435 Do Pass

Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1514 Do Pass HB 1620 Do Pass, as Amended HB 1646 Do Pass

SB 652 Do Pass SB 653 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 13, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:

HB 1148 HB 1214 HB 1218 HB 1230 HB 1278 HB 1284 HB 1367 HB 1415 HB 1501 HB 1580 HB 1613

Hospital Authorities; conflicts of interest Students; pocket pagers; exception to prohibition Superior court judges; secretary's pay schedule; exception Motorcycles; operator safety programs; headgear requirement (Rec) Common-law marriage; prohibit; exception Prison Litigation Reform Act of 1996; enact Special county 1 % sales tax; resubmission of imposition question Elections; precinct boundaries; provisions for changing Business; job tax credit; certain existing facilities Marriage; redefine Superior court clerks; auto info system for property records

HR 940 Richmond County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1514. By Representative Heckstall of the 55th:
A bill to amend an Act establishing a new charter for the City of College Park, so as to change the salaries of the mayor and councilmembers.

822

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1620. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th, Henson of the 65th, Sherrill of the 62nd and others:
A bill to create the DeKalb County Civic Center Authority.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1620 by striking on line 24 of page 13 the words
"City of Richmond Hill",
and inserting in lieu thereof the words
"DeKalb County".

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 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1646. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act establishing the State Court of Bryan County, so as to change the terms of court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

SB 652. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Union County; to provide for related matters; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

SB 653. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Towns County; to provide for related matters; to provide an effective date.

TUESDAY, FEBRUARY 13, 1996

823

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

HB 1576.

By Representatives Alien of the 117th, Howard of the 118th, Anderson of the 116th and others:
A bill to amend an Act providing for the consolidated government of Augusta-Richmond County, so as to provide for the tort and nuisance liabil ity for such consolidated government.

HB 1592.

By Representatives Smith of the 175th and Smith of the 169th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Charlton County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

SB 422. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 3-3-2 of the Official Code of Georgia Anno tated, relating to powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses, so as to provide that a municipal corpo ration is not authorized to require that licensees be residents of such munici pal corporation; to authorize municipal corporations to require that licensees be residents of the counties in which such municipal corporations are located.

SB 614. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and Hill of the 4th:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alterations of buildings and other structures generally, so as to require that certain public and private facilities be equipped with restroom facilities at a ratio of three for women to every one for men; to provide for definitions; to provide for standards; to provide for rules and regulations.

SB 644. By Senators Farrow of the 54th, Clay of the 37th and Edge of the 28th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases requiring an application for an appeal, the contents, filing, and service of the application, exhibits, responses by opposing parties, issuance of orders regarding appeals, procedure, and supersedeas, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34 is initiated by filing an otherwise timely application for per mission to appeal the appellate court shall have jurisdiction to decide the case and shall grant the application.

824

JOURNAL OF THE HOUSE,

SB 647. By Senator Taylor of the 12th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Anno tated, relating to health maintenance organizations, so as to provide for a point-of-service option for certain persons offered health care coverage through a health maintenance organization.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 422. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 3-3-2 of the Official Code of Georgia Anno tated, relating to powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses, so as to provide that a municipal corpo ration is not authorized to require that licensees be residents of such munici pal corporation; to authorize municipal corporations to require that licensees be residents of the counties in which such municipal corporations are located.
Referred to the Committee on State Planning & Community Affairs.

SB 614. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alterations of buildings and other structures generally, so as to require that certain public and private facilities be equipped with restroom facilities at a ratio of three for women to every one for men; to provide for definitions; to provide for standards; to provide for rules and regulations.
Referred to the Committee on Industry.

SB 644. By Senators Farrow of the 54th, Clay of the 37th and Edge of the 28th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases requiring an application for an appeal, the contents, filing, and service of the application, exhibits, responses by opposing parties, issuance of orders regarding appeals, procedure, and supersedeas, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34 is initiated by filing an otherwise timely application for per mission to appeal the appellate court shall have jurisdiction to decide the case and shall grant the application.
Referred to the Committee on Judiciary.

SB 647. By Senator Taylor of the 12th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Anno tated, relating to health maintenance organizations, so as to provide for a point-of-service option for certain persons offered health care coverage through a health maintenance organization.
Referred to the Committee on Insurance.

Representative Hanner of the 159th arose to a point of personal privilege and addressed the House.

TUESDAY, FEBRUARY 13, 1996

825

Representative Joyce of the 1st arose to a point of personal privilege and addressed the House.
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 House:
HB 1372. By Representatives Coleman of the 142nd, Murphy of the 18th, Watson of the 139th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Commission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
Ashe Bailey N Baker Y Bannister NBarfoot N Bargeron Y Barnard NBarnes N Bates N Benefield Birdsong N Bordeaux N Bostick Y Breedlove E Brooks, D N Brooks, T
Y Brown, J Y Brush NBuck
Buckner YBunn E Burkhalter
Byrd
Y Campbell Y Canty N Carter N Chambless N Channell N Childers
Coker Y Coleman, B N Colemaji, T N Connell Y Crawford

Y Crews Y Culbreth N Cummuigs Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix N Dixon, H
N Dixon, S NDobbs Y Ehrhart
NEpps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden
Goodwin N Greene Y Grindley N Manner Y Harbin Y Harris N Heard Y Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson
Hugley

Ylrvin N James N Jamieson
N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce
YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee Y Lewis Y Lifsey
Lord Lucas Y Maddox YMann N Martin N McBee NMcCall N McClinton N McKinney Y Mills N Mobley, B
N Mobley, J Mosley
Y Mueller
N O'Neal E Orrock NParham

N Parrish Y Parsons
Pelote N Perry Y Pinholster NPolak N Ponder N Porter N Poston N Powell
N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves
Reichert Y Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill
Y Shipp N Simpson
Sinkfield Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W Smyre
Y SneUing NSnow N Stallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P
Stephenson N Streat N Taylor NTeague NTeper N Thomas YTillman Y Titus Y Towery YTrense
N Turnquest NTwiggs
N Walker, L Y Walker, R.L Y Wall
Watson N Watts
Y Westmoreland Y Whitaker N White
Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 66, nays 88. The motion was lost.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

826

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1186

The Committee of Conference on HB 1186 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1186 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

/s/ Terry Coleman Representative, 142nd District

/s/ Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 141st District

/s/ Walter S. Ray Senator, 19th District

/s/ Thomas B. Buck, III Representative, 135th District

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so
as to change certain appropriations for the State Fiscal Year 1995-1996; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1995-1996, as amended, known as the "General Appropriations Act" approved April 21, 1995 (Ga. L. 1995, p. 1082), is further amended by striking everything following the enacting clause
through Section 60, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal
Year beginning July 1, 1995, and ending June 30, 1996, as prescribed hereinafter for such
fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $10,134,000,000 (excluding the Indi gent Trust Fund Receipts and Lottery Receipts) for State Funds 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 .................................................................................$ Per Diem Differential.....................................................................! Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts - Staff .........................................$

25,617,738 13,408,441 3,784,003
2,612,366 91,500 7,000
0 588,000 261,000
603,000 5,000
667,000 108,970

TUESDAY, FEBRUARY 13, 1996

827

Per Diem, Fees and Contracts - Elected Officials.....................................................
Photography................................................. Expense Reimbursement Account............ Total Funds Budgeted................................ State Funds Budgeted................................

2,253,658 95,000
1,132,800 25,617,738 25,617,738

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

3,892,923 803,981
1,139.854 5,836,758

3,892,923 803,981
1,139.854 5,836,758

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

10,136,252

560,470

1,449.074

$

12,145,796

10,136,252 560,470
1,449.074 12,145,796

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budget Responsibility
Oversight Committee Total

2,556,899 2,225,462
995,528 1,494,059
363,236 7,635,184

2,556,899 2,225,462
995,528 1,494,059
363,236 7,635,184

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

828

JOURNAL OF THE HOUSE,

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 15,578,433
568,520 614,650 137,535
14,875 869,790 69,850 658,230 152,125 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....................................................................!

78.549.681 11,092,959 65,704,049 2,015,363
394,438 1,290,967
148,098 14,450 76,500 139,869 25,835 20,450 12,050 31,040 300,000 683,800 81,949,868 78,549,681

Judicial Branch Functional Budgets

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court Juvenile Court Institute of Continuing Judicial
Education

6,242,021 7,154,204 61,167,174 1,077,570
711,007

5,570,675 7,104,204 57,553,333 1,077,570
711,007

TUESDAY, FEBRUARY 13, 1996

829

Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of Dispute
Resolution Total

1,806,322 217,718
3,000,000
1,344,703
229,149 81,949,868

1,741,322 217,718
3,000,000
1,344,703
229.149 78,549,681

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........................................,...........................!

41,921.650 49,212,510 13,562,262
484,133 663,160 2,020,580 17,445,782 3,540,623 2,896,435 4,181,726 11,792,750
0 2,972,744
0
781,972 59,072,580
896,550 27,000,000
650,000 87,000 48,500 85,000 197,394,307 41,921,650

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

1,318,944 3,075,590 12,935,516
521,505 3,051,174
599,180 21,066,445 46,164,552 4,615,951 81,752,025 9,761,892 2,598,736 1,281,707 3,601,297
485,878
0

559,858 2,947,078 9,962,772
521,505 3,051,174
0 0 14,048,279 0 5,850,000 0 0 0 650,000 485,878
0

830

JOURNAL OF THE HOUSE,

Office of the Treasury State Office of Administrative
Hearings Total

$

1,079,064

!

3.484,851

! 197,394,307

634,424
3,210,682 41,921,650

B. Budget Unit: Georgia Building Authority., Personal Services........................................... Regular Operating Expenses.......................
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Contractual Expense.......................................................................! Facilities Renovations and Repairs..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 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 5,638,802 4,640,092 6,667,136
380,794 4,005,645 13,392,346
0 0 36,351,064

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....................................................................!

117,064 1,699,038 1,643,300
268,000 50,000 75,000
1,500 0
30,400 1,700,000
0 0 5,467,238 117,064

Section 6. Department of Agriculture. A. Budget Unit: Department of Agriculture .....................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

37.543,571 32,015,270 4,530,070

TUESDAY, FEBRUARY 13, 1996

831

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....................................................................?

959,114 626,192 447,575 450,000 814,475 412,585 990,107 946,000
2,658,940
2,535,464 412,000 100,000 175,000
705,708 250,000
0 0
40,000 0
49,068,500 37,543,571

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

?

15,576,681

?

6,768,104

?

6,443,897

?

3,381,727

?

8,074,143

$

582,215

?

49,068,500

?

7,460,733

?

12,628,689

?

3,093,104

?

6,174,397

?

3,252,027

?

4,934,621

?

0

?

37,543,571

B. Budget Unit: Georgia Agrirama Development Authority..................................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................?
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Goods for Resale.............................................................................? Total Funds Budgeted....................................................................? State 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
0

832

JOURNAL OF THE HOUSE,

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....................................................................!

126,614,517
76,045,161 7,222,195
893,360 293,990 392,781 248,289
1,690,876 904,505
4,996,762 2,224,904
569,330 3,715,495 18,142,042 13,080,930
846,691
131,267,311 126,614,517

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

30,027,446 14,382,009 9,758,770 5,867,725 5,554,542 15,888,883 2,425,064
476,414 1,049,780 32,996,695
1,002,375 652,358
7,079,495 4,105,755 131,267,311

28,510,079 13,806,351 9,101,481 5,594,785 5,288,761 15,742,079 2,425,064
476,414 1,049,780 32,169,740
1,002,375 652,358
7,079,495 3,715,755 126,614,517

Section 9. Department of Community Affairs.

TUESDAY, FEBRUARY 13, 1996

833

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....................................................................!

38.983,882 6,214,998
334,240 170,205
0 7,180 146,005 513,430 49,090 217,000
0
2,272,825 10,077,413
97,100 30,000,000
0 774,059 126,790 750,000 4,625,000 4,607,000
2,305,898 7,000,000
750,000
216,138 0
225,000 0
71,479,371 38,983,882

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administration Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

34,839,959
3,880,669
32,758,743 71,479,371

33,565,892
3,707,663
1.710,327 38,983,882

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................................................,................................!

682.093.169 472,180,309 55,884,874
2,202,700 3,128,720 4,498,745 5,530,990 5,986,101 6,930,550 8,059,901
234,450

834

JOURNAL OF THE HOUSE,

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....................................................................!

22,530,660 1,600,000 16,643,100 7,508,207
0 1,152,000 4,059,700
1,376,000 461,160
1,300,000 68,106,416
63,420
366,244 734.000 690,538,247 450,000
0 682,093,169

Departmental Functional Budgets

Total Funds

State Funds

Administration
Institutions and Support Probation Total

!

79,878,104

$ 500,030,837

! 110.629.306

! 690,538,247

!

78,123,694

! 496,773,344

! 107.196.131

! 682,093,169

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....................................................................!

40.994.832
32,806,024 1,560,147
587,000 78,000 271,000
313,200 2,634,111
951,700 1,118,650
650,000
25.000 40,994,832 40,994,832

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....................................................................!

4.694,610 9,171,902 6,644,215
29,375 15,791
28,840 11,125 24,400 40,825
456,000 0
16,422,473 4,694,610

TUESDAY, FEBRUARY 13, 1996

835

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.................................! Limited English-Speaking Students Program............................! 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)......................................................................!

3,779.254,189
36,353,475 6,319,446 1,518,118
139,665 339,231 8,364,242 1,521,366 1,323,661 21,269,388 962,485
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 95,532,367 627,252,894 136,365,917 (658,700,987) 77,462,514 149,218,645
160,777,464 3,341,971 22,166,686 69,091,100 70,986,887 563,759 10,876,940
179,775,843 5,173,750 54,732,103 1,546,207 39,621,548
188,375,722 26,498,985

836

JOURNAL OF THE HOUSE,

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....................................................! 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.............................................................................! Advanced Placement Exams .........................................................$ Serve America Program .................................................................$ Youth Apprenticeship Grants.......................................................! Remedial Summer School..............................................................! Alternative Programs......................................................................! Environmental Science Grants......................................................! Pay for Performance.......................................................................! Mentoring Program.........................................................................! Charter Schools ...............................................................................$ Technology Specialist.....................................................................! Migrant Education..........................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

2,005,097 8,899,461 3,528,045 21,758,381 4,782,130 2,818,424 6,661,809
293,520 2,720,906 11,803,272 5,719,142
992,239 4,039,395 25,244,070 9,663,513
16,892,002 637,478
1,690,215 2,443,700 11,625,943 6,000,000
397,666 5,042,895
772,500
99,047,892 14,199,935 1,250,000
0 382,597 4,340,000 1,875,664 12,394,075 100,000 1,940,000 500,000 50,000 12,827,367 266,403 4,323,503,741 340,000 3,779,254,189

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

9,433,654 25,486,630
1,246,565 17,897,753 6,242,899
955,902 4,245,742,664
5,266,662

!

7,048,848

!

19,266,363

!

1,159,121

!

13,482,690

!

2,730,341

!

955,902

! 3,719,177,543

!

4,949,611

TUESDAY, FEBRUARY 13, 1996

837

Georgia School for the Deaf Atlanta Area School for the Deaf Total

6,046,724 5,184,288 4,323,503,741

5,742,214 4,741.656 3,779,254,189

B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Next Generation Schools ...............................................................$ Drug 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................................................................!

202,636.245 179,676,245
0 500,000
0 5,000,000
900,000 0
250,000 11,950,000 1,200,000 1,000,000 2,160.000 202,636,245 202,636,245

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 1,867,088
354,000 20,500
0 20,608 564,140 302,000 39,231 1,304,000
0 4,471,567
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....................................................................!

36,458.648 30,021,438 5,931,099
159,937 1,313,670 1,757,312
416,000 54,764 928,106 411,831
0 30,000 60,000 241,752 41,325,909 36,458,648

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services

1,777,188 35,453,642

$

26,304

!

32,505,420

838

JOURNAL OF THE HOUSE,

General Administration and Support
Total

4,095,079 41,325,909

3,926.924 36,458,648

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...............

46,667.108 33,795,416 4,092,182
539,727 830,397 1,786,463 781,736 2,083,323 892,081 1,356,783 509,000 460,000 47,127,108 46,667,108

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

3,778,310 24,775,275 8,654,070 9,919.453 47,127,108

3,778,310 24,315,275 8,654,070 9,919,453 46,667,108

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....................................................................!

34,574,963 15,717,791 1,109,102
318,897 0
99,726 629,614 1,019,100 386,878 4,927,589 3,512,745 40,000
6,432,000
165,000 3,850,000
372,960 130,600
0 290,975 1,189,700 100,000 684,400 1,085,968
0 60,000 42,123,045 34,574,963

TUESDAY, FEBRUARY 13, 1996

839

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 Georgia Information Technology
Policy 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

10,149,745
993,023 7,882,873 5,182,770 3,396,223
356,491
354,600
1,351,302
1,900,826 320,864
4,828,157
5,179,611
226.560 42,123,045

?

10,149,745

?

835,023

?

7,782,873

?

4,396,670

?

3,396,223

?

89,065

?

354,600

?

411,983

?

547,826

?

320,864

?

4,828,157

?

1,235,374

?

226,560

?

34,574,963

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 fo:1 Children ........................................................$ Purchase of Service Contracts ......................................................$ Institutional Repairs and Maintenance .......................................$ Postage..............................................................................................? Payments to DMA-Community Care...........................................$ Grant-in-Aid to Counties ...............................................................? Grants to County
DFACS Operations......................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

696.164.929
51,069,425 2,309,688 1,357,311 1,691,555
95,600 4,828,364 5,344,953 1,374,048
680,361 254,000 46,878,658 36,503,743 73,440 995,980 15,826,037 350,000
741.211 170,374,374
412,600 107,264,884

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Office of Children and Youth Administrative Support Services

6,058,409 2,149,712 46,878,658 20,140,782

?

6,058,409

?

2,149,712

? 34,994,603

? 18,497,628

840

JOURNAL OF THE HOUSE,

Facilities Management 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 D D Council Total

5,506,954
832,591 3,074,934 9,758,829 6,224,787 6,131,808 1,847,154 1,770,049
0 523,853 56,087,499 1,730,444 1.657.911 170,374,374

$

4,252,958

$

822,591

$

3,074,934

$

4,218,726

$

2,319,475

$

5,931,808

$

1,847,154

$

1,770,049

$

(8,355,268)

$

523,853

$

27,453,952

$

1,650,444

$

53,856

$ 107,264,884

2. Public Health Budget:

Personal Services.....................

Regular Operating Expenses.

..$

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications .......................................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Institutional Repairs and Maintenance.......... .............................$

Grants for Regional Maternal and Infant Care..........................$ Medical Benefits..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

53,353,548 77,524,211
964,432 0
127,851 1,421,803 5,191,465 1,205,962 1,238,831
682,869 13,106,950 119,493,795
34,500 124,731
0 4,978.469 279,449,417
549,718 151,361,153

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack
Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and
Children - Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization

12,564,340 1,295,984 1,513,813
2,601,837 4,303,429
5,505,221 2,256,390 10,084,152
82,463,644 61,489,732 13,211,627 3,274,089
1,880,145 495,945 969,937

$

12,434,665

$

1,116,788

$

1,191,638

$

1,530,878

$

3,888,424

$

5,393,221

$

400,525

$

5,415,855

$

0

$

60,590,878

$

6,605,813

$

1,960,907

$

1,735,982

$

345,955

$

0

TUESDAY, FEBRUARY 13, 1996

841

Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control 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

6,658,655 1,188,122 1,194,476 2,479,915
560,561 542,182 5,068,567 1,201,784 251,815 1,949,489 1,882,812 2,569,979 872,038 5,566,771 4,136,288 129,415 8,961,583 10,896,437 3,316,626 3,157,960 177,529 12,776,128
0 279,449,417

5,237,894 870,322 505,089 937,097 560,561 542,182
5,068,567 1,004,559
50,635 1,949,489 1,653,133 2,347,161
682,965 5,446,771 1,567,182
129,415 4,432,831 1,870,754 2,560,006 2,034,356
160,032 10,674,341
(1,535,718) 151,361,153

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....................................................................$

75,340,932 12,552,958 1,218,988
83,000 743,880 4,676,391 8,356,334 2,457,974 1,704,334 25,249,433
0 713,163 10,799,323 215,000 937,269 817,786 145,866,765 100,000 24,217,831

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

49,164,050 975,265
1,660,507 9,619,759 7,214,594
809,166 4,117,040
722,458

!

10,140,676

!

719,491

!

758,979

!

3,639,056

!

1,452,195

!

0

!

1,292,597

!

722,458

842

JOURNAL OF THE HOUSE,

Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

?

34,758,717

?

12,514,975

?

24.310.234

? 145,866,765

0 827,513 4,664.866 24,217,831

4. Family and Children Services Budget: Personal Services....................................... Regular Operating Expenses...................
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................? Telecommunications.......................................................................? Children's Trust Fund....................................................................$ Cash Benefits...................................................................................? Special Purpose Contracts.............................................................? Service Benefits for Children........................................................? Purchase of Service Contracts......................................................? Postage..............................................................................................? Grants to County DFACS - Operations......................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

45,517,745 4,732,739
961,917 0
400,080
3,199,423 19,519,509 27,758,670 9,664,964 2,158,042 421,905,209 4,789,195 203,382,509 15,912,456 4,734,156 284.917.066 1,049,553,680 2,565,582 413,321,061

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 Employment Services 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 -
Homemaker Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care

353,128 3,760,190 6,609,584 3,858,011 11,794,184 1,159,982 2,020,148 31,731,515 1,574,927 61,945,007 410,066,089
100 2,799,420 9,893,600
113,919,026
87,946,600 3,190,752
8,034,943
61,472,410
13,544,087 28,898,186 3,190,503 32,960,883 10,625,850

?

353,128

?

3,364,997

?

5,385,210

?

3,858,011

?

557,959

?

1,159,982

?

1,830,526

?

13,983,389

?

1,574,927

?

4,834,840

? 155,909,968

$

100

?

0

?

0

?

56,892,944

?

31,527,769

?

0

?

2,456,667

?

31,294,234

$

5,211,640

?

11,695,177

?

2,420,990

$

21,575,631

?

8,329,504

TUESDAY, FEBRUARY 13, 1996

843

Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund Indirect Cost Total

$

5,825,175

$

10,978,269

$

11,544,785

$ 105,227,651

$

313,240

$

2,157,393

$

2,158,042

$

0

$ 1,049,553,680

4,901,767 8,237,408 7,408,642 32,696,098
156,620 1,907,591 2,158,042 (8.362.700) 413,321,061

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 .......................................................................$ Case Services....................................................................................! E.S.R.P. Case Services....................................................................! 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......................................! Medical Benefits..............................................................................!

225,281,650 97,119,596 4,502,648
1,774,555 1,367,411 14,125,981 38,412,261 32,796,654 13,288,490 25,249,433
0 2,158,042 421,905,209 6,439,227 250,261,167 76,332,472 119,843,795
322,940 937,269 6,672,653 15,826,037
0 285,658,277
4,978,469

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....................................................................!

499.734.301 363,934,733 62,122,580
882,000 12,347,036 2,021,190 271,496,388 712,803,927 2,404,100 499,734,301

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute Georgia Regional Hospital

40,535,746 33,247,324
27,520,671

$

25,357,896

!

14,537,996

$

25,602,869

844

JOURNAL OF THE HOUSE,

at Augusta Northwest Regional Hospital
at Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital
at Savannah Gracewood State School and
Hospital West Central Regional
Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

22,342,415
28,319,217
29,740,526 145,072,001
19,422,238
51,647,048
19,802,063 3,846,635 1,662,565
123,236,827
100,803,077
51,209,127 10,062,326 4.334.121 712,803,927

20,455,523
20,856,482
25,185,535 85,125,238
17,740,917
22,323,512
17,015,824 2,937,700 1,467,065
117,017,087
64,487,746
28,683,287 6,753,151 4,186,473 499,734,301

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.....................................? Georgia World Congress Center....................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

28.367,568 9,297,710 1,621,170
347,500 59,978 137,872 149,938 1,024,915 336,000 1,417,010 181,600 10,859,580 1,240,000 74,095 50,000
0 2.500.000 29,297,368 28,367,568

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

?

17,947,679

?

4,516,599

?

1,694,389

?

5.138,701

?

29,297,368

?

17,327,879

?

4,416,599

?

1,694,389

?

4.928,701

?

28,367,568

Section 19. Department of Insurance. Budget Unit: Department of Insurance.............................................?

15.788.518

TUESDAY, FEBRUARY 13, 1996

845

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....................................................................$

13,982,959 722,723 401,560 145,850 66,880 442,990 806,814 317,300 208,242 0
17,095,318 15,788,518

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

$

5,459,526

$

17,095,318

$

4,263,447

$

6,820,532

$

551,813

$

4,152,726

$

15,788,518

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

846

JOURNAL OF THE HOUSE,

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....................................................................?

1.193.239.526 14,972,985 4,937,733 188,400 0 39,500 27,341,065 885,000 425,000 67,660,024
3,314,513,242 772.500
3,431,735,449 1,193,239,526

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office

?

1,363,627

?

Benefits, Penalties and

Disallowances

? 3,314,513,242

?

Long Term Care

?

1,326,155

?

Systems Management

?

34,166,842

$

Professional Services

?

2,447,208

?

Maternal and Child Health

?

1,273,239

?

Reimbursement Services

?

9,455,504

?

General Administration

?

59,525,078

?

Managed Care

?

2,673,554

$

Legal and Regulatory

?

4,991,000

?

Total

? 3,431,735,449

?

B. Budget Unit: Indigent Trust Fund................................................?

Per Diem, Fees and Contracts......................................................?

Benefits.............................................................................................?

Total Funds Budgeted....................................................................?

State Funds Budgeted....................................................................?

137,553
1,169,667,726 511,907
10,570,417 1,030,359
524,982 4,649,213 2,359.286 1,292,583 2,495,500 1,193,239,526 146.300.000 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....................................................................?

0 8,636,124 1,895,430
91,512 14,161 921,758 159,320,065 3,275,673 427,123 858.178.798 1,032,760,644

TUESDAY, FEBRUARY 13, 1996

847

Other Agency Funds.......................................................................$ Agency Assessments.....................................................,..................$
Employee and Employer Contributions ......................................$ Deferred Compensation..................................................................$ State Funds Budgeted....................................................................!

142,256 11,875,396
1,020,494,396 248,596 0

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

3,054,925

!

0

Applicant Services

2,587,089

!

0

Classification and Compensation

1,363,169

!

0

Flexible Benefits

1,177,099

!

0

Employee Training and

Development

1,301,859

!

0

Health Insurance Administration

1,019,564,515

!

0

Accounting and Audits

1,160,976

!

0

Administration and Systems

2.551.012

!

0

Total

1,032,760,644

!

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 Mapping................................................................!

93,712.593 72,183,553 15,298,661
534,533 2,469,914 2,532,611 2,581,324 3,110,758
864,113 1,259,868
40,000 300,000 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 1,025,000
1,500,000 106,513
170,047 279,545
300,000
0

848

JOURNAL OF THE HOUSE,

Payments to Civil War Commission ............................................$ Hazardous Waste Trust Fund.......................................................$ Solid Waste Trust Fund ................................................................$ Payments to Georgia Agricultural
Exposition Authority ..................................................................$ Payments to Mclntosh County .....................................................$ Georgia Boxing Commission..........................................................$ Total Funds Budgeted....................................................................! Receipts from Jekyll Island State Park
Authority ......................................................................................$ Receipts from Stone Mountain Memorial
Association....................................................................................! Receipts from Lake Lanier Islands
Development Authority..............................................................! Receipts from North Georgia Mountain
Authority ......................................................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

31,000 11,512,235 5,276,344
2,281,543 100,000 7,000
134,353,172
888,185
3,809,517
2,663,931
1,422,256 200,000
93,712,593

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

4,884,646 2,555,848 2,351,344
41,867,320 2,430,445 35,290,759 43,733,688 1,239.122 134,353,172

4,884,646 2,555,848 1,861,344
16,259,854 2,309,936 30,546,338 34,055,505 1,239,122 93,712,593

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......................................................! Captial 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:
Personal Services................................................

100,084,190 59,382,404

TUESDAY, FEBRUARY 13, 1996

849

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....................................................................!

7,805,450 132,617
4,093,430 515,752
3,701,067 2,773,116 1,418,147
494,086 150,000
0 0 80,466,069 1,650,000 78,816,069

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....................................................................!

16,698,371 1,737,262
21,800 0
119,077 137,000 53,108 618,853 62,500
0 300,150 30,000 1,490,000 21,268,121
0 21,268,121

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,823,257 21,268,121 58,642.812 101,734,190

20,323,257 21,268,121 58,492,812 100,084,190

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....................................................................!

14,635,111
8,183,176 2,770,007
113,799 72,536 263,728 187,762 169,001 164,171 757,341 2,846,425 3,705,160
0 19,233,106 14,635,111

850

JOURNAL OF THE HOUSE,

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

$

3,530,970

$

5,703,163

$

1,390,494

$

1,212,250

$

444,494

$

6,951,735

$

19,233,106

318,130
5,703,163 1,075,339 1,092,250
444,494
6,001.735 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....................................................................!

8.707.763 7,033,660
666,030 256,756 103,000 44,621 425,899 331,039 134,962 2.101.460 11,097,427 8,707,763

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,922,754 4,005,868 5,168.805 11,097,427

1,922,754 1,820,018 4.964.991 8,707,763

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.......................................! Student Education Enrichment Program....................................! Forestry Research............................................................................!

1,080,833,474
1,155,881,143 202,917,763
289,713,286 145,787,679 15,229,094
994,628 364,360 362,508

TUESDAY, FEBRUARY 13, 1996

851

Research Consortium......................................................................$ Captial Outlay.................................................................................? Total Funds Budgeted....................................................................$ Departmental Income.....................................................................! Sponsored Income...........................................................................? Other Funds.....................................................................................? Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

5,000,000 0
1,816,250,461 42,000,000 348,705,442 341,684,245 3,027,300
1,080,833,474

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....................................................................?

169,833,145
262,153,399 69,874,000
126,595,678 38,184,000
0 2,392,532 1,979,060
3,548,759 2,484,870
146,400 6,619,012 5,549,778
35,000 2,072,196 5,352,800 1,347,852
600,000 200,000 1,034,952
219,372
14,227,443 544,617,103
0 109,330,000 264,898,258
555,700 169,833,145

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

1,962,984 3,923,849 1,388,994 116,731,291 10,733,002 56,986,775 47,668,561

1,345,184 1,532,120
988,994 13,708,799 2,547,910 36,398,122 29,856,244

852

JOURNAL OF THE HOUSE,

Hospital and Clinics Veterinary Medicine Experiment
Station Veterinary Medicine Teaching
Hospital Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Office of Technology Policy Total

$ 245,207,899

$

$

2,781,531

$

$

2,746,641

$

$

23,745,701

$

$

2,920,000

$

$

3,121,122

!

$

24,698,753

$

$

0

$

$ 544,617,103

$

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........................................! Captial 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.................................................! State Funds Budgeted....................................................................!

31,697,885
2,781,531
512,595 23,745,701
0
121,122 24,596,938
0 169,833,145
0 8,428,471 17.358,307 25,786,778 25,786,778
0
71,947,611
18,000,000 3,500,000
300,000 27,494,000 3,639,611
0 12,514,000
0
0 5,000,000
1.500.000 71,947,611 71,947,611
99,667,590 57,732,635 5,716,320
1,382,540 195,470 950,220
14,312,520 2,830,695 3,086,805
575,300 3,358,795
0 10,349,350 3,877,810 104,368,460 3,845,000 99,667,590

TUESDAY, FEBRUARY 13, 1996

Departmental Functional Budgets

Total Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

6,766,152 12,161,490 11,859,960 18,373,213 8,114,485 26,756,357 7,622,439 4,490,993 4,193,189
46,000 3,984,182 104,368,460

Section 30. Secretary of State. A. Budget Unit: Secretary of State-
Personal Services........................... Regular Operating Expenses....... Travel.............................................. Motor Vehicle Purchases ............. Equipment...................................... Computer Charges......................... Real Estate Rentals...................... Telecommunications..................... Per Diem, Fees and Contracts ... Election Expenses......................... Total Funds Budgeted.................. State Funds Budgeted.................

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Business Services and Regulation Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

3,680,132 5,111,689 5,035,065 4,786,357 1,144,112
382,802 10,061,184
70,000 30,271,341

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............................

853
State Funds
6,766,152 12,011,490 10,844,760 18,073,213 7,474,485 25,456,357 7,622,439 3,435,123 3,953,389
46,000 3,984,182 99,717,590
29,226,341 17,482,681 4,337,106
243,800
105,510 93,840 2,573,043 2,462,246 957,367 1,315,748 700,000 30,271,341 29,226,341
State Funds
3,650,132 5,036,689 4,265,065 4,766,357 1,144,112
382,802 9,911,184
70,000 29,226,341
,149,663 ,266,704 157,100
15,000 23,000 10,631 335,622 165,300 41,556 134,750 ,149,663 ,149,663

854

JOURNAL OF THE HOUSE,

Departmental Functional Budgets State Funds

Cost 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....................................................................!

2,092.494 1,054,598
210,954 40,520 27,450 11,910 9,000 90,591 19,090 486,842 310,000 2,260,955 2,092,494

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....................................................................!

33.352,346 5,097,032
602,250 101,800
0 20,500 245,180 44,800 236,750 208,690
0 4,076,000 24,600,000 5,003,940
78,000 312,500 100,000 680,000
390,000
41,797,442 33,352,346

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

!

35,240,440

!

1.009,338

!

41,797,442

0 32,802,698
549,648 33,352,346

B. Budget Unit: Lottery for Education..............................................!

161.240.172

TUESDAY, FEBRUARY 13, 1996

855

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................................................................?

73,821,744 22,296,240 14,976,198 36,611,990
336,000 198,000 10,000,000
3.000.000
161,240,172 161,240,172

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 4,407,014
462,000 30,000
0 13,100 1,045,542 469,750
151,157 401,000
3,650,000 425.000
11,054,563 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....................................................................?

166,703.649 4,175,373
409,948 142,500
0 33,544 754,468
365,610 101,905 539,472 121,007,817
30,379,012 0
9,044,505 29,522,582
2,912,640 18.187.164 217,576,540
166,703,649

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

6,522,820 211,053.720 217,576,540

?

4,452,834

? 162,250.815

? 166,703,649

B. Budget Unit: Lottery for Education..

40.258.713

856

JOURNAL OF THE HOUSE,

Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................$
Capital Outlay - Technical Institute Satellite Facilities........................................................................$
Equipment-Technical Institutes ...................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted ................................................................$

1,000,000
32,373,460 6,885.253 40,258,713 40,258,713

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....................................................................!

492,069.050 250,050,159 59,750,505
1,626,000 2,296,000 7,662,241 4,947,700 1,317,373 2,384,080 45,394,107 741,716,455
1,024,100 1,267,500 14,210,006
765,000
105,000 1,134,516,226
492,069,050

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 836,421,565

$ 237,740,337

$

14,953,830

!

24,250,996

! 1,113,366,728

! 215,777,346

$ 226,400,337

$

14,393,830

!

23,625,996

$ 480,197,509

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

$

125,000

$

1,734,811

$

18,524,687

$

765,000

!

21,149,498

$

125,000

$

1,347,811

$

9,633,730

!

765,000

!

11,871,541

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.......................................................................!

24,343,698 4,950,939
235,829 82,000 19,275 99,371 18,000 242,700 62,200

TUESDAY, FEBRUARY 13, 1996

857

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....................................................................?

24,500
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 .........................................................I 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 8,241,309
446,789 97,340
0 27,369 228,485 1,080,290 190,190 231,000 101,413 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)...................................................?

411,509,725 70.000,000 481,509,725

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New).......................................................? Motor Fuel Tax Funds (New)......................................................?

42,803,478 0
42,803,478

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,

858

JOURNAL OF THE HOUSE,

including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 9, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Vidalia Tift County
Gwinnett County Board of Education
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

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 and Maintenance for Springer Opera House Operations of City of Graham Correctional Facility Renovation of Historic Jail To Purchase Vehicle and Video Monitoring and Surveillance Equipment Renovations for Sara Hightower Regional Library Improvements for Rolator Park Refurbishment and Restoration of B-29 Renovations to the

5,000 50,000
50,000
25,000
250,000
105,000 50,000 25,000 25,000
22,500
5,000 40,000 30,000

Laurens County Board of Education
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

TUESDAY, FEBRUARY 13, 1996
Milan Arts Center Rent and Wiring of
Modular Unit at S.W. Laurens Elementary School Construction of a Classroom Building Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta Installation of Fire Hydrants and water lines Renovation to Capitol View Elementary School Purchase of Fire Truck Reimbursement for Legal Expenses Repairs to the Gym/Civic Center Renovations to Dawson Street School in LaGrange
Construction of Greenhouse Operation of Georgia
Project Learning Tree Construction of Livestock
Facility Construction of Health Clinic Restoration to the Historic
Well's House Additional Construction of
Worth County Agricultural/ Livestock Pavilion Equipment 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 Vocational Building
Operation of Medical Station Water System Improvements Feasibility Study for

859 25,000
10,000 75,000
20,000
20,000 11,500 10,000 50,000 75,000 25,000 30,000 5,000 75,000 50,000 35,000
25,000 5,000
20,000 79,489 40,000 30,000
75,000 10,000 10,000 15,000 25,000 25,000

860
City of Loganville DeKalb County
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

JOURNAL OF THE HOUSE,
Bicycle Trail Repairs for Library Operations of Brown's Mill
Recreation Operation of Youthbuild Operations of Northwest
Georgia Girl's Home Services provided by
Worktec Renovations to the T.J.
Elder Community Center To Purchase Modular
Building for use as 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 Study and 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 and Equipment for Macon Little League
Water and Sewer Improvements
Construction of

10,000 15,000 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

City of Quitman
Brooks County
Bibb County
Hall County City of Gainesville 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

TUESDAY, FEBRUARY 13, 1996
Recreational Center Historical Preservation
Activities in the City of Quitman Repairs for Simmon Hill Community and Recreation Center Expansion and Improvements to the 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 and Courthouse Renovations Courthouse Plans and Renovations Operations of SHARE Rehabilitation Program Operation of Center for Visually Impaired Prosecution of Capital Offense Case Equipment and 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 Family Crisis Center of Walker, Dade, Catoosa and Chattoga Counties Inc. Renovations to the 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

861 18,000
15,000
10,000
50,000 20,000 25,000 25,000 15,000 15,000 15,000 50,000
35,000 25,000 15,000 50,000 35,000 5,000
25,000
15,000 25,000
15,000 25,000 45,000 35,000 10,000

862
City of Columbus
Muscogee County Fulton County
Clayton County 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 Polk County Board
of Education City of Cedartown
Coweta County
Burke County
DeKalb County
Screven County Board of Education
Tattnall County Board of Education

JOURNAL OF THE HOUSE,
and Community Center To Operate Play and Learn
Together Program at Baker Village and Canty Homes To Operate and Equip the Columbus Community Center To Operate Community of Care Delivery System for At-Risk Children Repairs to Securus 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, Design and Site Acquisition 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
To Purchase Athletic Equipment
Operating Expenses for the Downtown Development Authority
Construction and Operation of Economic Development Information Center
Programs Supported by the Burke Community Development Corporation
Construction and Operation of South DeKalb Business Incubator
For Auditorium Repairs Construction of a
Livestock Pavilion

40,000
25,000 25,000
150,000 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 37,000
10,000
10,000
50,000
30,000
25,000 20,000 10,000

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 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

TUESDAY, FEBRUARY 13, 1996
To Acquire and Operate Peach Library Literacy Mobile
For Repairs and Equipment for the Rockmart Performing Arts Theater
Repairs for Liberty County Courthouse
Multi-purpose Complex Equipment and Improvements
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 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 Construction of Health Clinic 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 Downtown Improvements To Construct Recreational Complex
Operating Expenses for the Middle Georgia Easter Seal Program
Building Improvements for

863
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 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

864
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 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 Johnson County Board
of Education

JOURNAL OF THE HOUSE,
the Coffee County Humane Society To Purchase Radio and Computer Equipment Paving for the Bleckley County Recreation Department To Purchase Building for the Senior Citizens Center To Purchase Video Equipment 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, Renovation, Equipment, Furniture and Operating Expenses for ARTS Clayton Parking Improvements Planning and Design of an Overhead Crosswalk on Washington Road Operating Funds for the Safe Campus Now Program Irrigation System for Glenloch Soccer Field Improvements to Andrews Island Improvements to Facilities at Treutlen County High School Operating Funds for Recreation and Historic Preservations Services Site Preparation at Industrial Park Operating Expenses for Jeff Davis County Hospital Authority Improvements to Water System 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 Construction/Operation
of School Facilities

15,000 10,000
40,000 100,000
15,000
15,000
30,000 40,000 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 15,000 150,000

TUESDAY, FEBRUARY 13, 1996

865

Paulding County Board of Education
Baldwin County Board of Education

Construction/Operation of School Facilities
Litigation Fee for the Baldwin County Board of Education

$

60,000

$

50,000

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:

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 $172.95 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%.

866

JOURNAL OF THE HOUSE,

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%.
It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrange ment; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider.
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

TUESDAY, FEBRUARY 13, 1996

867

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. In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $9,500,000 to the Office of the Governor for transfer to budget units with appropriate powers for providing housing contracts, food ser vice contracts, overtime payments, training and other expenses related to security opera tions by those State agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby authorized and directed to transfer funds from this Section to appropri ate budget units for the purpose of making such payments.
Section 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to

868

JOURNAL OF THE HOUSE,

satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1995 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the 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.
Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 57. Provisions Relative to Section 38, State of Georgia General 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

TUESDAY, FEBRUARY 13, 1996

869

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)", $8,277,000 is specif ically appropriated for the purpose of financing educational facilities for county and inde pendent school systems through the State Board of Education, through the issuance of not more than $93,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,057,765 is specif ically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipali ties, or boards of trustees of public libraries or library systems, through the issuance of not more than $11,885,000 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)", $8,131,930 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 $91,370,000 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)", $2,226,327 is specif ically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,705,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $182,005 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 $2,045,000 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)", $1,780,000 is specif ically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facil ities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $163,315 is specifi cally appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,835,000 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)", $1,335,000 is specif ically appropriated for the Department of Natural Resources, for the purpose of construct ing, furnishing, and equipping a regional and cultural facility in Columbus, Muscogee County, Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

870

JOURNAL OF THE HOUSE,

through the issuance of not more than $15,000,000 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)", $445,000 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)", $133,500 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)", $135,346 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 $590,000 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)", $178,000 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 $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)", $534,000 is specifi
cally appropriated for the purpose of financing facilities for the Georgia Golf Hall of Fame, 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 $6,000,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,780,000 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 $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $126,170 is specifi
cally 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 $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)", $438,154 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 $1,910,000 in principal amount of

TUESDAY, FEBRUARY 13, 1996

871

General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $328,042 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 $1,430,000 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)", $8,900,000 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 $100,000,000 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)", $427,200 is specifi cally appropriated for the purpose of financing projects for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $211,375 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,375,000 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)", $550,560 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $40,145 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $175,000 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)", $147,295 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 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)", $1,550,744 is specif ically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

872

JOURNAL OF THE HOUSE,

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $462,800 is specifi cally appropriated for the purpose of financing Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $68,820 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 $300,000 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)", $178,000 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 $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)", $1,926,960 is specif ically appropriated for the purpose of financing educational facilities for county and inde pendent school systems through the State Board of Education, through the issuance of not more than $8,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $178,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 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)", $480,600 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 $5,400,000 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)", $29,815 is specifi
cally appropriated for the purpose of financing Department of Technical and Adult Educa 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 $335,000 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)", $221,610 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.

TUESDAY, FEBRUARY 13, 1996

873

From the appropriation designated "State General Funds (New)", $178,000 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 improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 58. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1996

$ 10,980,393,127

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."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House adopt the report of the Committee of Conference on HB 1186.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe Y Bailey Y Baker
N Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove E Brooks, D
Brooks, T N Brown, J Y Brush
YBuck Y Buckner YBunn Y Bvirkhalter YByrd
Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Guilders Y Coker Y Coleman, B
Y Coleman, T Y Connell Y Crawford

N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Diion, H Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans Y Falls Y Felton Y Floyd YGodbee Y Golden NGoodwin Y Greene Y Grindley Y Manner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley

N Irvin Y James Y Jamieson Y Jenkins
Johnson, G
Y Johnson, J Y Johnston
Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas N Maddoi YMann Y Martin Y McBee YMcCaU Y McClinton
Y McKinney N Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
N Pinholster Y Polak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

Y Smith, W YSmyre Y Snelling
YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
Y Teper Y Thomas YTillman
Y Titus Y Towery Y Trense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts N Westmorland Y Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R
N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 145, nays 27. The motion prevailed.

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

874

JOURNAL OF THE HOUSE,

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1278.

By Representatives Mobley of the 69th, Randall of the 127th, Martin of the 47th and Falls of the 125th:
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; to provide that otherwise valid common-law mar riages, entered into prior to July 1, 1996, shall not be affected and shall con tinue to be recognized in this state.

The following amendment was read:

Representative Lewis of the 14th, et al. move to amend HB 1278 by striking in its entirety line 3 of page 1 and inserting in lieu thereof the following:
"relating to marriage, so as to change the provisions relating to prerequisites to a valid marriage; to provide that no common-law".
By inserting following line 11 of page 1 the following:
"SECTION 1.
Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, is amended by striking in its entirety Code Section 19-3-1, relating to prerequisites to a valid marriage, and inserting in lieu thereof a new Code Section 19-3-1 to read as follows:
'19-3-1.
Marriage is the union of a man and a woman. To constitute a valid marriage in this state there must be:
(1) Parties able to contract;
(2) An actual contract between a man and a woman; and
(3) Consummation according to law.'"
By striking lines 12 through 15 of page 1 and inserting in lieu thereof the following:
"SECTION 2.
Said article is further amended by adding, after Code Section".
By renumbering Section 2 and Section 3 as Section 3 and Section 4, respectively.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien N Anderson Y Ashe
Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBames Y Bates

Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove E Brooks, D N Brooks, T Y Brown, J Y Brush YBuck Y Buckner

YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless Y Cbannell Y Childere Y Coker Y Coleman, B

Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G

YDii Y DUon, H Y Dixon, S Y Dobbs YEhrhart
YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee

TUESDAY, FEBRUARY 13, 1996

875

Y Golden YGoodwin
Y Greene Y Grindley YHanner Y Harbin
Y Harris Y Heard Y Heckstall N Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard Y Hudson
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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Lucas
Y Maddox YMann N Martin Y McBee Y McCall N McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller

Y O'Neal E Orrock Y Parham Y Parrish
Y Parsons N Pelote Y Perry Y Pinholster NPolak Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B NRandall N Randolph
YRay Y Reaves Y Reichert
N Roberts Y Rogers Y Royal Y Sanders Y Sauder

Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson 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
Stanley, L
Y Stanley, P Y Stephenson Y Streat

N Taylor N Teague N Teper N Thomas Y Tillman
Y Titus Y Towery
Y Trense N Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
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 amendment, the ayes were 149, nays 20. The amendment was adopted.

Representatives Smyre of the 136th and Taylor of the 134th stated that they inadvert ently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

On a motion to postpone further consideration of HB 1278 for a few minutes, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
N Breedlove E Brooks, D N Brooks, T
Y Brown, J Y Brush
YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter N Chambless Y Channel! Y Childers Y Coker Y Coleman, B
Coleman, T N Connell Y Crawford

Y Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B
OeLoach, G YDii Y Dixon, H Y Diion, S Y Dobbs YEhrhart NEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden YGoodwin Y Greene Y Grindley
Manner Harbin Y Harris Y Heard N Heckstall Y Hegstrom Y Hembree YHenson Y Holland N Holmes N Howard Y Hudson Hugley

Ylrvin Y James N 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
Lucas Y Maddol YMann Y Martin Y McBee
McCall N McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal E Orrock Y Parham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster NPolak Y Ponder Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B YRandall N Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins YShanahan
Shaw Y Sherrill YShipp Y Simpson
Sinkfield Y 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 YSnow Y 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 N Tillman Y Titus Y Towery
Trense N Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall N Watson Y Watts Y Westmorland
Whitaker N White Y Wiles Y Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

876

JOURNAL OF THE HOUSE,

On the motion, the ayes were 132, nays 28. The motion prevailed.

HR 940. By Representatives DeLoach of the 119th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond 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 Alien Y Anderaon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove E Brooks, D Y Brooks, T Y Brown, J Y Brush
YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Y Chambless Y Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell Y Crawford

Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
YDay Y DeLoach, B
DeLoach, G YDix Y Diion, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Y Greene Y Grindley YHanner Y Harbin
Y Harris Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson
Hugley

Ylrvin Y James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnaxnon Y Klein YLadd YLakly
YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox
YMann Y Martin Y McBee
YMcCall Y McClinton
Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay
Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp 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 YStallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Towery YTrense Y Turnquest YTwiggs
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
N Woods YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 166, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1501. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, so as to change certain definitions; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances.

The following Committee substitute was read:

TUESDAY, FEBRUARY 13, 1996

877

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and tax ation, so as to provide for additional authority of the state revenue commissioner with respect to allocation and apportionment of corporate income; to change a definition regarding job tax credits; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances; to change the amount of the tax credit for employers providing approved retraining programs; to revise and change an exemption from sales and use taxation with respect to the sale of certain electricity; to revise and change an exemption from sales and use taxation for sales of pri mary material handling equipment; to provide for an exemption from sales and use taxa tion with respect to the remanufacture of aircraft engines or aircraft engine parts or components; to provide for an exemption from sales and use taxation with respect to materials or property used in connection with certain federal contracts; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subparagraph (d)(3)(E) of Code Section 48-7-31, relating to taxation of corporations, and inserting in its place a new subparagraph (d)(3)(E) to read as follows:
"(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, or the commissioner may by regula tion require, 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;".
SECTION 2. Said title is further amended by striking subsection (e) of Code Section 48-7-40, relating to tax credits for certain business enterprises in less developed areas, and inserting in its place a new subsection (e) to read as follows:
"(e) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,500.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $500.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, only those business enterprises that increase employ ment by te five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by 36 15 or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 66 25 or more shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit

878

JOURNAL OF THE HOUSE,

received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, tourism, and research and development industries. Such term shall not include retail businesses."
SECTION 4. Said title is further amended by striking subsection (e) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in its place a new subsection (e) to read as follows:
"(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of fulltime employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten five or more in a less developed area shall be eligible for the credit. In addition, not less than 30 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below te five. Any credit received for years prior to the year in which the net employment increase falls below ten five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level often five."
SECTION 5. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing facilities in tier 1 counties, and inserting in its place a new paragraph (2) to read as follows:
"(2) For taxable years beginning on or after January 1, 1995, and ending on or prior to December 31, W96 1998, 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 other wise 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 606 250 new full-time employee jobs must be created in the first taxable year and maintained through the end of the second third taxable year in which the taxpayer claims both credits as authorized under this paragraph; and (B) An otherwise qualified taxpayer shall not be entitled to receive the additional tax credit authorized under Code Section 36-62-5.1 in any taxable year in which that taxpayer claims both of the tax credits as authorized under this paragraph."
SECTION 6. 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 one-half of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved

TUESDAY, FEBRUARY 13, 1996

879

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 7. Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Sec tion 48-8-2, relating to definitions regarding sales and use tax, and inserting in its place a new subparagraph (B) to read as follows:
"(B)(i) Except as otherwise provided in division (ii) of this subparagraph, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local tele phone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale. (ii) The sale of electricity used directly in the manufacture of a product shall not constitute a retail sale for purposes of this article if the direct cost of such elec tricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state e er before January IT 1006, as follows:
(I) For taxable calendar years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt; (II) For taxable calendar years beginning on or after January 1, 1996, and prior to January 1, 1997, 40 percent of the direct cost of such electricity shall be exempt; (III) For taxable calendar years beginning on or after January 1, 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt; (IV) For taxable calendar years beginning on or after January 1, 1998, and prior to January 1, 1999, 80 percent of the direct cost of such electricity shall be exempt; and (V) For taxable calendar years beginning on or after January 1, 1999, 100 per cent of the direct cost of such electricity shall be exemptij Seh exemption shall be applied te manufacturers who locate this state aftct uflttuflpy TJ lyyDj tts loiiows? for tftxfluic ycflus DCmmn^ on or ftitcr u ftmiftry ~t of

DC CKCmptJ Ulu rOf CflCfl CRSIHH^J bfi.Xfi.Dle yCftFj 9UCft XCDflptlOIl ftmOUftt. 9118.11
fourth Sttefe ensuing taxable year 109 percent ef the dweet eest of saeh electricity
SECTION 8. Said title is further amended by striking subparagraph (A) of paragraph (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new subparagraph (A) to read as follows:
"(34.1) (A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property 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 $W> $5 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 $W $5 million or more."
SECTION 9. Said title is further amended by adding immediately following paragraph (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, a new paragraph (34.2) to read as follows:

880

JOURNAL OF THE HOUSE,

"(34.2) (A) The sale or use of machinery which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facil ity located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components on a factory basis. (B) Any person making a sale of machinery for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commis sioner certifying that the purchaser is entitled to purchase the machinery without paying the tax;".
SECTION 10. Said title is further amended by striking "or" at the end of paragraph (56), by striking the period at the end of paragraph (57) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (57) of Code Section 48-8-3, relating to exemptions from the state sales and use tax, to be designated paragraph (58), to read as follows:
"(58) (A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the govern ment under the terms of the contract. (B) As used in this paragraph, the term:
(i) 'Government contractor' means a person who enters into a contract with the United States Department of Defense or the National Aeronautics and Space Administration to sell services or tangible personal property, or both, for the pur pose of the national defense. (ii) 'Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a government contractor, the cost of which is charged to an expense account and allocated to various United States government contracts based upon generally accepted accounting principles, and consistent with government contract accounting stan dards. The term overhead materials does not include tangible personal property which is incorporated into real property construction. (C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January 1, 1997, as follows: (i) At the rate of 25 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1997; (ii) At the rate of 50 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1998; (iii) At the rate of 75 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1999; and (iv) At the rate of 100 percent of the total sale or use as provided in subpara graph (A) for the calendar year beginning January 1, 2000, and for each calendar year thereafter. (D) This paragraph shall stand repealed on January 1, 2005."
SECTION 11. (a) Except as otherwise provided in 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, 1996. (h) Sections 7, 8, and 10 of this Act shall become effective on January 1, 1997. (c) Section 9 of this Act shall become effective on July 1, 1996.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

TUESDAY, FEBRUARY 13, 1996

881

Representative Woods of the 32nd moves to amend the Committee substitute to HB 1501 as follows:
On page 3 line 21 after the end of the sentence add:
"Such term shall include the development and marketing of computer or communica tions industry products and services."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
YAshe Bailey
N Baker Y Bannister NBarfoot N Bargeron
Barnard N Barnes N Bates N Benefield NBirdsong N Bordeaux N Bostick Y Breedlove E Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn
Burkhalter NByrd N Campbell
Canty N Carter N Chambless NChannell N Childere Y Coker N Coleman, B N Coleman, T N Council N Crawford

Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay N DeLoach, B
DeLoach, G YDix
Dixon, H N Dixon, S
Dobbs YEhrhart NEpps Y Evans Y Falls
N Felton N Floyd N Godbee N Golden YGoodwin N Greene Y Grindley
Manner Harbin
N Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson
Hugley

Ylrvin James
N Jamieson N Jenkins
Johnson, G N Johnson, J Y Johnston N Jones
Joyce YKaye
Kinnamon Y Klein YLadd YLakly NLane Y Lawrence
NLee Y Lewis
Lifsey NLord
Lucas Y Maddox YMann N Martin NMcBee
McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J
Mosley Y Mueller N O'Neal EOrrock NParham

N Parrish Y Parsons Y Pelote N Perry
Pinholster NPolak N Ponder N Porter NPoston N Powell N PurceU, A N Purcell, B NRandall N Randolph
NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders
Sauder Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W
N Smith, L N Smith, P
N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 44, nays 100. The amendment was lost.

Y Smith, W Smyre
N Snelling
NSnow N Stallings N Stancil, F Y Stancil, S
Stanley, L Stanley, P N Stephenson Streat N Taylor NTeague Teper N Thomas NTilhnan Y Titus Towery N Trense N Turnquest Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmoreland Whitaker N White Y Wiles Williams, B Y Williams, J N Williams, R Y Woods YYates Murphy, Spkr

The Committee substitute was adopted.

House of Representatives Atlanta, Georgia 30334
Explanation of vote on HB 1501 Woods amendment:
I offered and voted for the Woods amendment to add computer and communications products and services to the Governor's list of targeted industries to be granted tax credits for creating jobs. I believe that the industries specified by my amendment are much more likely to create jobs in the future than the more traditional industries specified in the Gov ernors original bill. Likewise said industries are more likely to generate jobs than compa nies which are engaged in the business of research and development, which tend to be few in number, small, and likely to remain so.
Is/ Jim Woods - 32nd District

882

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove E Brooks, D Y Brooks, T Y Brown, J
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 Y Crawford

Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDii Y Diion, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin Y Greene Y Grindley
Manner
Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley

Ylrvin Y James Y Jamieson
Y Jenkins Johnson, G
Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee
YMcCall Y McClinton
McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal EOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y SherriU YShipp 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor YTeague
Teper Y Thomas YTillman Y Titus
Towery YTrense Y Turnquest
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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1218.

By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed as secretary to a superior court judge if such secretary has previ ously been employed as a secretary to a judge in this state.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an excep tion to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a state court judge; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 13, 1996

883

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 general provisions relative to the superior courts, is amended by striking in its entirety paragraph (5) of subsection (c) of Code Section 15-6-25, relating to employment of secre taries for judges of the superior court, and inserting in lieu thereof the following:
"(5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-18-17, authorizing the employment of district attor ney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment; and pro vided, further, that a secretary employed as a secretary to a state court judge before appointment pursuant to this Code section who was appointed on or after July 1^ 1995, may be credited with the number of years' service in such previous employment as a secretary to a state court judge when transferring to this pay schedule after appointment pursuant to this Code section. This paragraph shall not be construed to affect any retirement benefits available."
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 Alien Y Andersen Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove E Brooks, D Y Brooks, T
Y Brown, J 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 Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G
YDix
Y DUon, H
Y Dison, S Dobbs
YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd
God bee
Y Golden
YGoodwin
Y Greene
Y Grindley
Y Manner
Y Harbin
Y Harris Y Heard
Y Heckstall
Hegstrom
Y Hembree
Y Henson
Y Holland
Y Holmes
Y Howard Y Hudson
Hugley

Irvin Y James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow 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 Y Turnquest YTwiggs Y Walker, L
Y Walker, R.L YWall Y Watson
Y Watts Y Westmoreland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Waiiams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 0.

884

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1284. By Representatives Snelling of the 99th, Kinnamon of the 4th, Chambless of the 163rd, Campbell of the 42nd, Barnes of the 33rd and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to enact comprehensive provisions regarding prison litigation reform.

The following Committee substitute was read and adopted:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions, so as to enact comprehensive provisions regarding prison litigation reform; to pro vide for a short title; to provide for legislative intent, findings, and determinations; to provide for definitions; to provide for requirements and procedures with respect to the commencement of certain actions; to provide for in forma pauperis affidavits; to provide for judicial determination regarding in forma pauperis status; to provide for the awarding of costs and fees; to provide for deductions from prisoners' accounts; to provide for condi tions of parole; to provide for appeals; to provide records of actions; 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 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new chapter at the end thereof, to be designated Chapter 12, to read as follows:
"CHAPTER 12
42-12-1.
This chapter shall be known and may be cited as the 'Prison Litigation Reform Act of 1996.'
42-12-2.
The General Assembly makes the following findings and determinations: (1) The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in liti gation costs are frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by prisoners who view litigation as a recreational exercise. To address the problems caused by the filing of nonmeritorious lawsuits and to relieve some of the burden placed on Georgia cities, counties, state agencies, the courts, and the Department of Corrections, this chapter is enacted. (2) Before filing any sort of civil action, all citizens must evaluate the strengths of their claim in light of their own personal financial situation. Private individuals are forced to balance the strength of their case against the reality of court costs, filing fees, and the potential consequences of filing a frivolous or meritless lawsuit. Georgia's prisoners currently face no such dilemma. In light of the fact that all prisoners' needs are provided at city, county or state expense, a prisoner cannot claim that his or her financial status or security would be compromised by a requirement to pay court costs and fees. To address this inequity, the General Assembly enacts this chapter. (3) In forma pauperis status will continue to allow the filing of an action by a pris oner, thus providing the prisoner with the constitutional right to access to courts. Freezing of the prisoner's inmate account will hold the prisoner responsible for court costs and fees by seizing any future deposits into the account.

TUESDAY, FEBRUARY 13, 1996

885

42-12-3.
As used in this chapter, the term: (1) 'Action' means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner, but shall not include: (A) A petition for writ of habeas corpus; or (B) An appeal of a criminal proceeding. (2) 'Court costs and fees' means the initial filing fee set by the clerk of court and all fees incident to service of the lawsuit or amendments. (3) 'Indigent prisoner' means a prisoner who has insufficient funds in the prisoner's inmate account at the time of filing to pay the appropriate filing fee. (4) 'Prisoner' means a person 17 years of age or older who has been convicted of a crime and is presently incarcerated or is being held in custody awaiting trial or sen tencing.
42-12-4.
The following provisions shall apply when an indigent prisoner commences an action: (1) The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account; (2) The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendent shall include: (A) The prisoner's name, inmate number, and civil action number; and (B) The amount of the court costs and fees due and payable; (3) Upon notification by the clerk of court that an indigent prisoner has commenced an action, the superintendent shall: (A) Immediately freeze the prisoner's inmate account; and (B) Order that all moneys deposited into the prisoner's inmate account be for warded to the clerk until all court costs and fees are satisfied, whereupon the freez ing of the account shall be terminated.
42-12-5.
(a)(l) A prisoner's affidavit of in forma pauperis status shall contain each of the fol lowing:
(A) The prisoner's identity, including any and all aliases, and the prisoner's inmate number; (B) The nature and amount of any income as well as the source of that income; (C) Real and personal property owned by the prisoner; and (D) Cash and checking accounts held by the prisoner. (2) The affidavit shall also contain the following sworn statement and signature of the prisoner: I, _____________, do swear and affirm under penalty of law that the state ments contained in this affidavit are true. I further attest that this application for in forma pauperis status is not presented to harass or to cause unnecessary delay or needless increase in the costs of litigation. (3) The affidavit shall contain a copy of the prisoner's inmate account of the last 12 months or the period of incarceration, whichever is less. The institution shall promptly provide said account information upon request. (4) The prisoner shall serve the affidavit, including all attachments, on the court and all named defendants. Failure by the prisoner to comply with this subsection shall result in dismissal without prejudice of the prisoner's action. (b)(l) A judicial order authorizing a prisoner to proceed in forma pauperis shall not prevent the freezing of a prisoner's inmate account nor the forwarding of any future deposits into that account to the court in accordance with the provisions of this chap ter. (2) In the event that the court denies the prisoner's application for in forma pauperis status, the court shall give written notice to the inmate that the inmate's action will

886

JOURNAL OF THE HOUSE,

be dismissed without prejudice if the filing fees are not paid within 30 days of the date of the order. (3) Upon the denial of in forma pauperis status the court shall make a finding as to whether in forma pauperis status was sought fraudulently, frivolously, or maliciously. If the court finds that the in forma pauperis status was sought fraudulently, frivolously, or maliciously, the action shall be dismissed with prejudice, and the court shall assess filing costs. (4) If an action is dismissed without prejudice and the prisoner refiles the action in substantially the same form:
(A) All filing requirements including filing fees must be met in their entirety; and (B) No amount paid for court fees in any earlier action or any part thereof shall be credited to the prisoner.
42-12-6.
Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner's action was frivolous. The court may award reasonable costs and attorney's fees to defendants or respondents if the court finds that:
(1) Any material allegation in the prisoner's in forma pauperis affidavit is false; or (2) The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14.
42-12-7.
(a) Fifty percent of the average monthly balance of the prisoner's account for the pre ceding 12 months during which the prisoner's account had a positive balance shall be deducted from the prisoner's account and paid over to the clerk of court for each instance that a court finds that the prisoner has done any of the following:
(1) Filed a false, frivolous, or malicious action or claim with the court; (2) Brought an action or claim with the court solely or primarily for delay or harass ment; (3) Unreasonably expanded or delayed a judicial proceeding; (4) Testified falsely or otherwise submitted false evidence or information to the court; (5) Attempted to create or obtain a false affidavit, testimony, or evidence; or (6) Abused the discovery process in any judicial action or proceeding. (b) Payment of any past due court costs and fees incurred by the prisoner may be, pur suant to this subsection, a condition of parole, at the discretion of the State Board of Pardons and Paroles.
42-12-8.
Appeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.
42-12-9.
The clerk of court shall maintain a list of all prisoner actions along with the disposition of each action and the identity of the judge that handled the action."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen
YAshe

Y Bailey Y Baker
Y Bannister

Barfoot Bargeron
Y Barnard

Y Barnes Y Bates
Y Benefield

Birdsong Y Bordeaux
Y Bostick

TUESDAY, FEBRUARY 13, 1996

887

Y Breedlove E Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkbalter YByrd Y Campbell
Canty Y Carter Y Cbambless YChannell
Y ChUders Y Coker
Y Coleman, B Y Coleman, T YConnell
Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M
YDay DeLoach, B DeLoach. G
YDii Y Diion, H Y Diion, S
YDobbs

YEhrhart YEpps Y Evans Y Falls
Felton Y Floyd YGodbee Y Golden YGoodwin
Y Greene Y Grindley Y Hanner Y Harbin
Harris
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley Irvin Y James Jamieson Y Jenkins Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce

YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord
Lucas Y Maddoz YMann
Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal EOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Y Ponder Porter
YPoston Y Powell
Y Purcell, A Y Purcell, B YRandall N Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill YShipp 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
Stanley, P Y Stephenson Y Streat Y Taylor YTeague
Teper Y Thomas YTiUman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Woods of the 32nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

By unanimous consent, HB 1284 was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

888

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

The following Resolutions of the House were read and adopted:

HR 1002. By Representatives Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd and Smyre of the 136th:
A resolution commending Johnston Industries, Inc.

HR 1007.

By Representatives Teper of the 61st, Henson of the 65th, Murphy of the 18th, Sinkfield of the 57th, Poston of the 3rd and others:
A resolution expressing condolences to the people of Israel on the occasion of the violent assassination of their Prime Minister Yitzhak Rabin.

HR 1008. By Representatives Smith of the 102nd, Brown of the 130th and Epps of the 131st:
A resolution congratulating Florine Stanley Alien.

HR 1009. By Representatives McClinton of the 68th, Epps of the 131st and Turnquest of the 73rd:
A resolution congratulating Morehouse College.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1214.

By Representatives Stancil of the 16th, Trense of the 44th, Purcell of the 147th, Godbee of the 145th and Pinholster of the 15th:
A bill to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to the prohibition of pocket pagers or electronic commu nication devices in school, so as to permit the carrying of such devices under board of education policy approved after a public hearing.

The following amendment was read and adopted:

The Committee on Education moves to amend HB 1214 by striking from line 5 the follow ing:
"approved after a public hearing";
By striking lines 19 and 20 and inserting in lieu thereof the following:
"policy approved by the such board of education.".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

TUESDAY, FEBRUARY 13, 1996

889

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Alien Anderaon Ashe Bailey Baker Bannister YBarfoot Bargeron Y Barnard Y Barnes Y Bates Y Benefield Birdsong Y Bordeaux Y Bostick Breedlove
E Brooks, D Brooks, T
Y Brown, J Y Brush
Buck N Buckner
YBunn Y Burkhalter YByrd
Campbell Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Culbreth
Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B DeLoach, G Dix Y Dixon, H Dixon, S Dobbs Y Ehrhart YEpps Y Evans Y Falls Felton
Y Floyd Godbee
Y Golden Goodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris N Heard
Heckstall Y Hegstrom Y Hembree
Henson Y Holland
Y Holmes Howard
Y Hudson Hugley

Ylrvin James Jamieson Jenkins
Johnson, G Johnson, J Y Johnston Jones Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Lawrence
YLee Y Lewis Y Lifsey
Lord Lucas Y Maddox Mann Y Martin N McBee YMcCall E McClinton McKinney Y Mills Y Mobley, B Y Mobley, J N Mosley N Mueller O'Neal E Orrock Parham

Y Parrish Y Parsons
Pelote Perry Y Pinholster
YPolak Y Ponder
Porter Y Poston Y PoweU Y Purcell, A Y PurceU, B YRandall Y Randolph
Ray Y Reaves Y Reichert
Roberts Rogers Y Royal Y Sanders Sauder Scoggins Shanahan YShaw Y Sherrill
Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.W 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 N Stanley, P Y Stephenson
Y Streat Taylor
Teague Teper N Thomas Tillman Y Titus YTowery Trense Tumquest
Twiggs Walker, L Y Walker, R.L N Wall
Watson Watts Y Westmorland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 98, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Buck of the 135th and Bannister of the 77th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

Representative Stancil of the 16th moved that HB 1214 be ordered immediately trans mitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Alien
Anderson Ashe Bailey
Baker Bannister YBarfoot Bargeron Y Barnard
Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove

E Brooks, D Brooks, T
Y Brown, J Y Brush YBuck N Buckner YBunn Y Burkhalter YByrd
Campbell
Canty Y Carter
Chambless Y Channell Y Childers Y Coker

Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews
Culbreth Cummings Y Davis, G N Davis, M YDay DeLoach, B DeLoach, G
Dix Y Dixon, H
Dixon, S
Dobbs

Y Ehrhart YEpps Y Evans
Y Falls Felton
Y Floyd Godbee
Y Golden Goodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris N Heard
Heckstall

Y Hegstrom Hembree Henaon
Y Holland Y Holmes
Howard Y Hudson
Hugley Irvin James Jamieson Jenkins Johnson, G Johnson, J Y Johnston Jones

890

JOURNAL OF THE HOUSE,

Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane Y Lawrence YLee Y Lewis Y Lifsey
Lord Lucas Y Maddoi Mann Y Martin McBee YMcCall E McClinton McKinney

Y Mills Y Mobley, B Y Mobley, J N Mosley N Mueller
O'Neal E Orrock
Parham YParrish
Parsons
Pelote Perry Y Pinholster YPolak Y Ponder Porter YPoston
Y Powell Y Purcell, A Y Purcell, B

YRandall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders
Sauder Scoggins Shanahan YShaw Shurrill
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
Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephenson Y Streat
Taylor
Teague Teper Thomas Tillman

Y Titus Y Towery
Trense Turnquest Twiggs Walker, L
Y Walker, R.L NWall
Watson Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

On the motion, the ayes were 93, nays 7. The motion prevailed.

HB 1613.

By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementation of a state-wide uniform automated information system for real and personal property records.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementation of a state-wide uniform automated information system for real and personal property records; to provide for related matters; to amend an Act approved April 7, 1995 (Ga. L. 1995, p. 260), so as to change a provision providing for automatic repeal of subsection (f) of Code Section 15-6-77, relating to fees of clerks of superior courts, as amended by such Act, and auto matic repeal of Code sections 15-6-97, relating to the state-wide uniform automated infor mation system, and 15-6-98, relating to collection and remittance of fees, which Code sections were enacted by such Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking in its entirety Code Section 15-6-97, relat ing to the state-wide uniform automated information system for real and personal property records, and inserting in lieu thereof the following:
"15-6-97.
(a) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop and implement 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 and implementation 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 Author ity shall have authority to implement rules and regulations necessary to develop and implement the system described in this Code section.

TUESDAY, FEBRUARY 13, 1996

891

(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 and implementation of the system provided for in this chapter Code section."
SECTION 2. An Act approved April 7, 1995 (Ga. L. 1995, p. 260), is amended by striking in its entirety Section 6, and inserting in lieu thereof the following:
"SECTION 6. Sections 1 and 2 of this Act shall stand repealed on July 1, 4996 1998.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the recordation of plats and maps under specified circumstances; to change certain fees; to provide for implementation of a state-wide uniform automated information system for real and personal property records; to provide for related matters; to amend an Act approved April 7, 1995 (Ga. L. 1995, p. 260), so as to change a provision providing for automatic repeal of Code Sections 15-6-97, relating to the state-wide uniform automated information system, and 15-6-98, relating to collection and remittance of fees, which Code sections were enacted by such Act; to pro vide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking in its entirety subsection (c) of Code Sec tion 15-6-67, relating to recordation of maps and plats, and inserting in lieu thereof the following:
"(c) If the plat meets the requirements of subsection subsections (b) and (d) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or plat."
SECTION 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking in its entirety subparagraph (A) of para graph (1) of subsection (f) of Code Section 15-6-77, relating to fees, and inserting in lieu thereof the following:
(l)(AHi) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, noticesz and certificates, liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information of utilities, and cancellation of deeds, liens, and writs of fieri facias, first page...................................................................................$ 4.50 9:69

892

JOURNAL OF THE HOUSE,

Each page, after the first........................................................................................... 2.00 \itj--1* HHI^J ftll instruments pertflinin^f to fCfli est-sx fliict personQi property includ* tag JJens e reeA estate tatA personal property, notice filings for Uniform Commcr-
C1Q-1 OOflC FlttCCi P6Q1 CStfltC, tftX 116113) llOSpitfll 116U9 } WPltS 'Or
ef Ms pcndcns, written information e utilities, ftd wr&s of fieri facias? first page

Eflch DQEC nftcr the first

.

o QA"

SECTION 3. Said Article is further amended by striking in its entirety Code Section 15-6-97, relating to the state-wide uniform automated information system for real and personal property records, and inserting in lieu thereof the following:
"15-6-97.
(a) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop and implement 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 and implementation 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 Author ity shall have authority to implement rules and regulations necessary to develop and implement 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 and implementation of the system provided for in this chapter Code section."

SECTION 4. An Act approved April 7, 1995 (Ga. L. 1995, p. 260), is amended by striking in its entirety Section 6, and inserting in lieu thereof the following:

"SECTION 6. Section 2 of this Act shall stand repealed on July 1, 4096 1998."

SECTION 5. Section 1 of this Act shall become effective upon approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective July 1, 1998. Sections 3 and 4 of this Act shall become effective July 1, 1996.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Andersen Ashe Y Bailey Y Baker Bannister Y Barfoot

Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux

Y Bostick Breedlove
E Brooks, D Brooks, T
Y Brown, J Y Brush Y Buck

Y Buckner Y Bunn Y Burkhalter Y Byrd
Campbell Canty Y Carter

Y Chambless Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell

TUESDAY, FEBRUARY 13, 1996

893

Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G
Davis, M
YDay Y DeLoach, B
DeLoach, G Dix Y Dixon, H Y Diion, S Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Godbee Y Golden Goodwin Y Greene Y Grindley Hanner Y Harbin Y Harris Y Heard HeckstaU

Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson Hugley Ylrvin
James Y Jamieson Y Jenkins
Johnson, G Johnson, J Y Johnston
Jones 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 YMcCall E McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal EOrrock
Parham Y Parrish Y Parsons
Pelote Perry Y Pinholster YPolak Y Ponder 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 Sauder Scoggins Shanahan
YShaw 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 Y Smyre
Y Snelling Snow
Y Stallings Y Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Tilhnan Y Titus Y Towery
Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall
Watson Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

Representative Perry of the llth stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker Pro Tem assumed the Chair.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HB 1174.

By Representative Murphy of the 18th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Anno tated, relating to exemptions from the real estate transfer tax, so as to pro vide an exemption with respect to foreclosure sales.

The following Senate amendment was read: Amend HB 1174 by striking line 4 of page 1 and inserting in lieu thereof the following: "certain deeds resulting from foreclosure sales; to provide an effective date; to repeal". By striking line 13 of page 1 and inserting in lieu thereof the following:
'"(7.1) The deed from the debtor to the first transferee at a foreclosure sale;'.".

Representative Murphy of the 18th moved that the House agree to the Senate amend ment to HB 1174.

894

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Alien Anderson
Ashe Y Bailey Y Baker
Bannister YBarfoot
Bargeron Y Barnard YBarnes
Bates Y Benefield
Birdsong Y Bordeaux
Y Bostick Breedlove
E Brooks, D Brooks, T
Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd
Y Campbell Canty
Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls
Y Felton Y Floyd
Godbee Y Golden
Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Hugley

Ylrvin James
Y Jamieson Y Jenkins
Johnson, G Johnson, J Y Johnston
Jones 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 E McClinton McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller
O'Neal E Orrock
Par ham

Y Parrish Y Parsons
Pelote Perry Y Pinholster Y Polak Y Ponder 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 Sauder Scoggins
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 YSmyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas
Tillman
Y Titus Y Towery
Trense Y Turnquest Y Twiggs Y Walker, L
Walker, R.L Y Wall
Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles
Y Williams, B Williams, J
Y Williams, R Y Woods YYates
Murphy, Spkr

On the motion, the ayes were 134, nays 0. The motion prevailed.

The Speaker assumed the Chair.

HB 280. By Representative Childers of the 13th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Anno tated, relating to nursing home administrators, so as to change the provisions governing the issuance of a provisional license to a nursing home administra tor licensed by an entity other than the State of Georgia.

The following Senate amendment was read:

Amend HB 280 by striking from line 14 of page 2 the following: "1995",
and inserting in lieu thereof the following: "1996".

Representative Childers of the 13th moved that the House agree to the Senate amend ment to HB 280.
On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 13, 1996

895

Alien Anderson Ashe Bailey Y Baker Bannister YBarfoot Bargeron Y Barnard Y Barnes Y Bates Y Benefield Birdsong Bordeaux Y Bostick Breedlove E Brooks, D Brooks, T Y Brown, J Y Brush YBuck Y Buckner Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y ChUders Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay
DeLoach, B DeLoach, G Dix Y Dixon, H Y Dixon, S Dobbs YEhrhart YEpps Y Evans Falls Felton Y Floyd God bee Y Golden Goodwin Y Greene Y Grindley Hanner Y Harbin Y Harris Y Heard Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Howard Y Hudson Hugley

Ylrvin James
Y Jamieson Y Jenkins
Johnson, G Johnson, J Y Johnston Jones Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey Lord Y Lucas Y Maddox YMann Y Martin
Y McBee YMcCall E McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal E Orrock
Parham

Y Parrish Y Parsons
Pelote
Perry Y Pinholster YPolak Y Ponder
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Reaves
Y Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder
Scoggins
Shanahan
YShaw Sherrill
Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W 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
Tilhnan Y Titus Y Towery
Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmorland
Whitaker Y White
Y Wiles Williams, B
Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the motion, the ayes were 128, nays 0. The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 308 by changing on page 2 line 13 "Section 16-11-62" to Section 16-11-37.

Representative Campbell of the 42nd moved that the House agree to the Senate amendment to HB 308.
On the motion, the roll call was ordered and the vote was as follows:

Alien Anderson Ashe Y Bailey Baker Bannister YBarfoot Bargeron Y Barnard YBarnes Y Bates

Y Benefield Y Birdsong
Bordeaux Y Bostick
Breedlove E Brooks, D
Brooks, T 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 Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay DeLoach, B DeLoach, G

Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps
Evans Falls Y Felton Y Floyd Godbee

896

JOURNAL OF THE HOUSE,

Y Golden Good win
Y Greene Y Grindley
Hanner
Y Harbin
Y Harris Y Heard
Heckstall
Y Hegstrom
Y Hembree YHenson
Y Holland
Y Holmes
Y Howard
Y Hudson Hugley
Ylrvin James
Y Jamieson Y Jenkins
Johnson, G Johnson, J Y Johnston Jones

Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox YMann
Y Martin Y McBee
YMcCaU E McClinton
McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller

O'Neal E Orrock
Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Ponder
Porter Y Poston Y Powell Y Purcell, A
Purcell, B
YRandall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders
Sauder

Y Scoggins Shanahan
YShaw 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 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
Tillman Y Titus Y Towery
Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L YWall 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 motion, the ayes were 130, nays 0. The motion prevailed.

HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Anno tated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Death Investigation Act," so as to provide for pronouncements of death under certain circumstances by persons other than physicians and nurses; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Death Investigation Act," is amended by striking subsection (a) of Code Section 45-16-25, relating to duties of the coroner when notified of a death, in its entirety and inserting in its place the following:
"(a)(l] Upon receipt of the notice required by Code Section 45-16-24, the coroner or county medical examiner shall immediately take charge of the dead body. If a regis tered professional nurse authorized to make a pronouncement of death under Code Section 31-10-16 or a qualified physician is not available, a coroner, deputy coroner, or medical examiner's investigator may make a pronouncement of death at the investi gation scene if, and only if, one or more of the following conditions is met:
(A) The body is in a state of rigor mortis with lividity present; (B) The body is in a state of decomposition evidenced by a component of putrefaction; (C) The body is skeletonized; or (D) Death has been established by qualified emergency medical services personnel.

TUESDAY, FEBRUARY 13, 1996

897

(2) It shall be the duty of a coroner se notified as required by Code Section 45-16-24 to summon a medical examiner and proper peace officer. It shall be the duty of a county medical examiner so notified to summon a proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. The medical examiner or coroner and the peace officer shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present at the scene of death in any county in which the office of coroner has not been replaced by a county medical examiner, the coroner shall assume the responsibility of such officers at the scene of death and shall have the body transported to a local medical examiner who shall conduct a medical examiner's inquiry. The medical examiner, at any time when he deems it necessary, may have the body embalmed for preservation or to avoid the threat of infectious dis ease prior to release of the body to the next of kin. Such expense of embalming shall be paid by the county of the coroner's or medical examiner's jurisdiction."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the lllth moved that the House agree to the Senate sub stitute to HB 508.
On the motion, the roll call was ordered and the vote was as follows:

Alien Anderson Ashe Y Bailey Y Baker Y Bannister Y Barfoot Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Bordeaux Y Bostick Breedlove B Brooks, D Brooks, T Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter Y Chambless Y Channell Y Childere
Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B DeLoach, G Dix Y Dixon, H Dixon, S
Dobbs YEhrhart YEpps
Evans Falls Y Felton Y Floyd Godbee Y Golden
Goodwin Y Greene Y Grindley
Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson
Hugley

Ylrvin James
Y Jamieson Y Jenkins Y Johnson, G
Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee YMcCall E McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal E Orrock Parham

On the motion, the ayes were 132, nays 0. The motion prevailed.

Y Parrish Y Parsons
Pelote Y Perry Y Pinholster
Polak Y Ponder
Porter YPoston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers
Royal
Y Sanders Sauder
Y Scoggins
Shanahan YShaw
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 YSmyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas
Tillman Y Titus
Towery Trense
Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts
Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Williams, J
Y Williams, R Y Woods Y Yates
Murphy, Spkr

898

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 disagreeing to the House amendment to the Senate substitute thereto:

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.

Representative Royal of the 164th moved that the House insist on its position in amending the Senate substitute to HB 39 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, Hudson of the 156th and Stancil of the 16th.

Representative Walker of the 141st assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1148.

By Representatives Childers of the 13th, Smith of the 12th, Smith of the 175th, Titus of the 180th, Day of the 153rd and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to change the pro visions relating to definitions; to provide for limitations upon service by members of hospital authorities and to provide for removal of such members; to prohibit certain conflicts of interest and the transaction of business by members of hospital authorities and controlled corporations of such authori ties.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to change the provisions relating to definitions; to provide for limitations upon service by members of hospital authorities and to provide for removal of such members; to provide for notice and hearing; to prohibit certain conflicts of interest and the transaction of business by members of hospital authorities and con trolled corporations of such authorities; to limit the powers of hospital authorities; to pro vide for 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, the "Hospital Authorities Law," is amended by adding after paragraph (2) of Code Section 31-7-71, relating to definitions, the following:

TUESDAY, FEBRUARY 13, 1996

899

"(2.1) 'Controlled corporation' means any private corporation, whether a nonprofit or for profit corporation, over which a hospital authority exercises control because a majority of the members of the board of directors of that corporation are:
(A) Members of that hospital authority; (B) Subject to appointment by that hospital authority; or (C) Constituted as provided in subparagraphs (A) and (B) of this paragraph."
SECTION 2. Said article is further amended by adding after subsection (c) of Code Section 31-7-72, relating to creation of such authorities, the following:
"(c.l) Except as provided in subsection (c.3) of this Code section, no person shall serve as a member of a hospital authority for more than eight consecutive years, including but not limited to any years of service prior to the date this subsection first becomes effec tive. No member shall have that person's term of office, as of the date this subsection first becomes effective, shortened by this limitation. (c.2) Any member appointed to a hospital authority may be removed from such office for any of the following:
(1) Inability or neglect to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; (4) Conviction of a crime involving moral turpitude; (5) Failure to attend three consecutive regular meetings of the authority; (6) Any violation of Code Section 31-7-74.1. (c.3) A member of a hospital authority may be authorized to serve for a longer period than specified in subsection (c.l) of this Code section or be removed from office for any reason specified in subsection (c.2) of this Code section if a resolution providing for such authorization or removal is either: (1) Initiated by the county or municipal governing authority or other entity which nominated such member to the hospital authority and is approved by each other entity which is required to approve such nomination; or (2) Approved by the county or municipal governing authority or other entity which appoints directly, without nomination, the member in question. The procedure for approving a resolution under this subsection shall be substantially the same as required for approving the appointment of the member in question. (c.4)(l) A resolution providing for removal from office of a member of a hospital authority may not be approved unless it specifies the grounds under which removal is sought under subsection (c.2) of this Code section and the factual circumstances relating thereto. If such resolution is approved as provided in subsection (c.3) of this Code section, the removal shall not become effective until written notice thereof is provided to the authority member sought to be removed and until that person is pro vided an opportunity for a hearing upon such removal. (2) A hospital authority member notified of approval of a removal resolution regard ing that member shall have 15 days after receiving such notification to file a petition in the superior court of any county for which that hospital authority was created or in which is located the municipality for which that authority was created. If the peti tion is not timely filed, the removal shall become effective the sixteenth day following receipt of such notification by the person. (3) Upon the timely filing of any petition under paragraph (2) of this subsection, the judge of the superior court shall set a hearing to inquire into the merits of the removal resolution no sooner than ten days nor later than 30 days from the date of filing. The hearing may be continued in the discretion of the judge, on motion of any party. (4) At each hearing held as provided in paragraph (3) of this subsection the judge, sitting without a jury, shall inquire into and determine whether the removal of an authority member is authorized under this subsection. After giving all parties an opportunity to be heard, the judge shall determine, based on the evidence presented, whether the clear and convincing weight of the evidence is that the authority member met one or more of the grounds for removal specified in subsection (c.2) of this Code section. In the event the judge so determines, the judge shall order the immediate

900

JOURNAL OF THE HOUSE,

removal from office of such member; otherwise, the petition shall be dismissed and the removal may not become effective. (5) Vacancies created by removal from office shall be filled in the same manner pro vided in this Code section for the initial appointment of members of the authority."
SECTION 3. Said article is further amended by striking Code Section 31-7-74, relating to qualifications of members, and inserting in its place the following:
"31-7-74.
{a> The members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or municipality, whichever is farther. The members shall elect one of their number as chairman chairperson and another as vice-chairman vicechairperson and shall also elect a secretary-treasurer; who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties or, in the alternative, the members may elect to be reim bursed for such expenses on a per diem basis in an amount not to exceed $100.00 per meeting and with the total amount not to exceed $100.00 per month. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed nec essary and proper.
/\1iff\--TAH^iiQc fjijrrmu*v*is"*i*u*i*i*B* tjryrf (v~j*uf\uiJtAj OoeQcfL^4J-TirJ^ini *j<toCm-L1A\jmOQo cntniirul tjaunixjj un+nViutrrr (v~u\ntu^eu* nSCnUffMirUvInI sanItaniill Vu^cf
doomed te have been complied with and an authority may purchase from, seB ter borrow
pewen with which any member ef an authority is m any way interested or involved, previdcd that!

\B/--.No mcni'ocP iiftvifi[ ft su Dstsnt/iQ.! iHtcrcst 0f involveincut nifty oc present ftt trifli
involving any auch organization or person; and (3) No member having a substantial interest er involvement may participate in any decision ef-the authority relating te any matter involving such organization er pcraon. As used in this Code section, a 'substantial interest' shall mean any interest which reaaonably ay be expected te result in a direct financial benefit te auch member as deter' iBe4 by the authority, which determination shall be final and net subject te review. \cj--IN otiling conto.incd m tins flPticic siiftii DC crccincu T& pponioit fliiy UICIQOQF wiio us prcacnt at any meeting er whe participatca in any decision ef- the authority from provid
iift iC^fli 90FV1CCS iR COtltlCC11 OH Wltn ftliy "Of tflC UIIQCPtflK 1 H^S "Ol tn.6 flUtttOPlty ^f IPOHi
being paid for auch services."
SECTION 4. Said article is further amended by adding following Code Section 31-7-74, a new Code sec tion to read as follows:
"31-7-74.1.
(a) As used in this Code section, the term: (1) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (2) 'Family' means spouse and children. (3) 'Person' means any person, corporation, partnership, proprietorship, firm, enter prise, franchise, association, organization, or other legal entity. (4) 'Substantial interest' means the direct or indirect ownership of more than 25 per cent of the assets or stock of any business.

TUESDAY, FEBRUARY 13, 1996

901

(5) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. (b) Except as provided in subsection (c) of this Code section: (1) No member of the board of an authority; (2) No member of the board of directors of a controlled corporation of an authority; and (3) No administrator or chief executive officer of an authority or a controlled corpora tion thereof shall, for such person or on behalf of any business, or for any business in which such person or that person's family has a substantial interest, transact any business with that authority or with a controlled corporation of such authority. (c) The prohibition of subsection (b) of this Code section shall not apply to a health care provider licensed to practice professional counseling, social work, marriage and fam ily therapy, chiropractic, dentistry, dietetics, nursing, occupational therapy, optometry, physical therapy, medicine, podiatry, psychology, speech-language pathology, or audiology under Title 43 who may provide to such authority or controlled corporation thereof any personal services authorized to be provided within the scope of practice of such person's license. (d) The provisions of Code Section 45-10-23 shall not apply to those persons specified in subsection (b) of this Code Section, but the penalties specified in Code Section 45-10-28 shall apply to a violation of this Code section."
SECTION 5. Said article is further amended by designating existing Code Section 31-7-75, relating to functions and powers, as subsection (a) and inserting immediately thereafter a new subsec tion to read as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, the powers specified in paragraphs (23) and (24) of subsection (a) of this Code section may not be exercised by any authority unless the governing authority of each county and municipal ity for which such hospital authority was created approves each such exercise by an appropriate resolution or ordinance."
SECTION 6. Said article is further amended by striking paragraph (4) of subsection (d) of Code Section 31-7-76, relating to failure to perform minimum functions, and inserting in its place the following:
"(4) Failed to make plans for unmet needs of the community as authorized by para graph (22) of subsection (a) of Code Section 31-7-75;".
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Childers of the 13th was read:
A BILL
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to change the provisions relating to definitions; to provide for removal of members of hospital authorities; to provide for notice and hearing; to prohibit certain conflicts of interest and the transaction of business by members of hos pital authorities and controlled corporations of such authorities; to limit the powers of hos pital authorities and provide for special elections to approve certain sales; to provide for an effective date; to repeal conflicting laws; and for other purposes.

902

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding after paragraph (2) of Code Section 31-7-71, relating to definitions, the following:
"(2.1) 'Controlled corporation' means any private corporation, whether a nonprofit or for profit corporation, over which a hospital authority exercises control because a majority of the members of the board of directors of that corporation are:
(A) Members of that hospital authority; (B) Subject to appointment by that hospital authority; or (C) Constituted as provided in subparagraphs (A) and (B) of this paragraph."
SECTION 2. Said article is further amended by adding after subsection (c) of Code Section 31-7-72, relating to creation of such authorities, the following:
"(c.l) Any member appointed to a hospital authority may be removed from such office for any of the following:
(1) Inability or neglect to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; (4) Conviction of a crime involving moral turpitude; (5) Failure to attend three consecutive regular meetings of the authority; (6) Any violation of Code Section 31-7-74.1. (c.2) A member of a hospital authority may be removed from office for any reason spec ified in subsection (c.l) of this Code section if a resolution providing for such authoriza tion or removal is either: (1) Initiated by the county or municipal governing authority or other entity which nominated such member to the hospital authority and is approved by each other entity which is required to approve such nomination; or (2) Approved by the county or municipal governing authority or other entity which appoints directly, without nomination, the member in question. The procedure for approving a resolution under this subsection shall be substantially the same as required for approving the appointment of the member in question. (c.3)(l) A resolution providing for removal from office of a member of a hospital authority may not be approved unless it specifies the grounds under which removal is sought under subsection (c.l) of this Code section and the factual circumstances relating thereto. If such resolution is approved as provided in subsection (c.2) of this Code section, the removal shall not become effective until written notice thereof is provided to the authority member sought to be removed and until that person is pro vided an opportunity for a hearing upon such removal. (2) A hospital authority member notified of approval of a removal resolution regard ing that member shall have 15 days after receiving such notification to file a petition in the superior court of any county for which that hospital authority was created or in which is located the municipality for which that authority was created. If the peti tion is not timely filed, the removal shall become effective the sixteenth day following receipt of such notification by the person. (3) Upon the timely filing of any petition under paragraph (2) of this subsection, the judge of the superior court shall set a hearing to inquire into the merits of the removal resolution no sooner than ten days nor later than 30 days from the date of filing. The hearing may be continued in the discretion of the judge, on motion of any party. (4) At each hearing held as provided in paragraph (3) of this subsection the judge, sitting without a jury, shall inquire into and determine whether the removal of an authority member is authorized under this subsection. After giving all parties an opportunity to be heard, the judge shall determine, based on the evidence presented, whether the clear and convincing weight of the evidence is that the authority member met one or more of the grounds for removal specified in subsection (c.l) of this Code section. In the event the judge so determines, the judge shall order the immediate

TUESDAY, FEBRUARY 13, 1996

903

removal from office of such member; otherwise, the petition shall be dismissed and the removal may not become effective. (5) Vacancies created by removal from office shall be filled in the same manner pro vided in this Code section for the initial appointment of members of the authority."
SECTION 3. Said article is further amended by striking Code Section 31-7-74, relating to qualifications of members, and inserting in its place the following:
"31-7-74.
{a} The members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or municipality, whichever is farther. The members shall elect one of their number as chairman chairperson and another as vice-chairman vicechairperson and shall also elect a secretary-treasurer; who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties or, in the alternative, the members may elect to be reim bursed for such expenses on a per diem basis in an amount not to exceed $100.00 per meeting and with the total amount not to exceed $100.00 per month. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed nec essary and proper. \o)-- i HG provisions of oode bection 4o~J.uTMso cmd Any OMMJF OOQC section sn&ii DC deemed te have been complied with and an authority may purchase ftrejBy sell ter borrow from, lean te; contract with, er otherwise deal with any member er any organization er persen with which any member ef- an authority is in any way interested er involved, pfevided that!
(minority find ts PCcorded ift tiie minutes of tne &utnority}
portion of tn QUtftonty meeting ctvtfing wnicn discusston of flny m&ttep ts conducted involving any seh organization er person; and (3) No member having a substantial interest er involvement ay participate in any decision ef- the authority relating te any matter involving such organization ef person. As uacd in this Code section, a 'substantial interest' shall mean any- interest which rea sonably Baay be expected te result in a direct financial benefit te saeh member as deter mined by the authority, which dctcrmiaatieH shall be final and net subject te review. \c) ]f4 otmng contdincu m tnis ftrtici^ 9nfill DC deemed to pfoniDit &ny memoes wiio is present at any meeting er whe participates in any decision of the authority fren* provid ing ief)u services ID conncctton witn flny of t-ric unuertQ.KIngs of wie ctutnOFity or ironi being paid fe* such services."
SECTION 4. Said article is further amended by adding following Code Section 31-7-74, a new Code sec tion to read as follows:
"31-7-74.1.
(a) As used in this Code section, the term: (1) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (2) 'Family' means spouse and children. (3) 'Person' means any person, corporation, partnership, proprietorship, firm, enter prise, franchise, association, organization, or other legal entity. (4) 'Substantial interest' means the direct or indirect ownership of more than 25 per cent of the assets or stock of any business.

904

JOURNAL OF THE HOUSE,

(5) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. (b) Except as provided in subsections (c) and (d) of this Code section: (1) No member of the board of an authority; (2) No member of the board of directors of a controlled corporation of an authority; and (3) No administrator or chief executive officer of an authority or a controlled corpora tion thereof shall, for such person or on behalf of any for profit business, or for any business in which such person or that person's family has a substantial interest, transact any busi ness with that authority or with a controlled corporation of such authority. (c) The prohibition of subsection (b) of this Code section shall not apply to a health care provider licensed to practice professional counseling, social work, marriage and fam ily therapy, chiropractic, dentistry, dietetics, nursing, occupational therapy, optometry, physical therapy, medicine, podiatry, psychology, speech-language pathology, or audiology under Title 43 who may provide to such authority or controlled corporation thereof any personal services authorized to be provided within the scope of practice of such person's license. (d) The prohibition of subsection (b) of this Code section shall not apply to any trans action when the aggregate of all such transactions does not exceed $2,500.00 per calen dar year. (e) The provisions of Code Section 45-10-23 shall not apply to those persons specified in subsection (b) of this Code Section, but the penalties specified in Code Section 45-10-28 shall apply to a violation of this Code section."
SECTION 5. Said article is further amended by designating existing Code Section 31-7-75, relating to functions and powers, as subsection (a) and inserting immediately thereafter a new subsec tion to read as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, the sale of a hospital owned by a hospital authority may not become effective unless a majority of the voters voting in each county for which such hospital authority was created approves such sale in a special election. If a hospital authority seeks to sell such hospital, the hos pital authority shall transmit a resolution to the election superintendent of each county for which the hospital authority was created requesting that such special election be conducted approving or disapproving such sale. Upon receiving such resolution, unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superin tendent shall call and conduct an election as provided in this subsection. The election superintendent of each such county shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 and shall issue the call and conduct that election as provided by general law. The election superintendent of each such county 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 for which that person is such superintendent. The ballot shall have written or printed thereon the words:
"( ) YES Shall the sale of the hospital owned by the Hospital Authority of ( ) NO ________________ be approved?'
All persons desiring to vote for approval of the sale shall vote 'Yes,' and those persons desiring to vote for rejection of the sale shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the sale, in each county for which the hospital authority was created, such sale shall become effective immediately. If the sale is not so approved in each such county or if the election is not conducted as provided in this sub section, the sale shall not become effective and no election to approve such sale may be

TUESDAY, FEBRUARY 13, 1996

905

conducted until at least 24 months have elapsed since the last such election seeking such sale approval. The expense of such election shall be borne by each county for which the hospital authority was created which seeks to sell its hospital. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State."
SECTION 6. Said article is further amended by striking paragraph (4) of subsection (d) of Code Section 31-7-76, relating to failure to perform minimum functions, and inserting in its place the following:
"(4) Failed to make plans for unmet needs of the community as authorized by para graph (22) of subsection {a) of Code Section 31-7-75;".
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 134, Representative Lifsey of the 6th was excused from voting on HB 1148.

The following amendment was read:

Representative Channell of the lllth moves to amend the Floor substitute to HB 1148 as follows:
On page 6, line 13, after the word "transactions" strike "does not exceed $2,500.00 per cal endar year" and insert the following:
"is reported annually".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien N Andereon Y Ashe
Y Bailey Baker
Y Bannister Y Barfoot Y Bargeron
Y Barnard Y Bames
Y Bates Y Benefield Y Birdsong
N Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush Y Buck
N Buckner YBunn
N Burkhalter Y Byrd
N Campbell N Canty
Y Carter Y Chambless Y Channell N Childers

Y Coker Y Coleman, B
Coleman, T
N Connell Y Crawford Y Crews Y Culbreth N Cummings
Davis, G Y Davis, M
Y Day DeLoach, B DeLoach, G
Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls
Y Felton Y Floyd
Y Godbee Y Golden
Y Goodwin Y Greene
Y Grindley Y Hanner
Harbin Y Harris

Y Heard N Heckstall N Hegstrom
Y Hembree N Henson Y Holland N Holmes N Howard
Y Hudson Y Hugley
Y Irvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J N Johnston N Jones
Joyce Y Kaye N Kinnamon
N Klein Y Ladd
Y Lakly N Lane
Y Lawrence Y Lee
N Lewis Lifsey
Y Lord Y Lucas

Y Maddox N Mann N Martin
Y McBee Y McCall E McClinton Y McKinney Y Mills
N Mobley, B Y Mobley, J
Y Mosley N Mueller N O'Neal
E Orrock Y Parham Y Parrish N Parsons N Pelote N Perry Y Pinholster Y Polak
Y Ponder Y Porter
N Poston Y Powell
Y Purcell, A Y Purcell, B
Y Randall N Randolph Y Ray Y Reaves

N Reichert N Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scoggins N Shanahan
Y Shaw Sherrill
N Shipp N Simpson
Sinkfield
Y Skipper N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling
Y Snow Y Stallings
Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson
Streat

906

JOURNAL OF THE HOUSE,

Y Taylor YTeague NTeper
N Thomas NTfflman

Titus Towery N Trense N Turnquest YTwiggs

Walker, L Y Walker, R.L NWall Y Watson Y Watts

Y Westmoreland Y Whitaker N White Y Wiles N Williams, B

On the adoption of the amendment, the ayes were 113, nays 47. The amendment was adopted.

The following amendment was read:

Y Williams, J Williams, R
Y Woods Y Yates
Murphy, Spkr

Representative Dobbs of the 92nd moves to amend the Floor substitute to HB 1148 as fol lows: By striking Sections 1 thru 4 and 6. And renumbering the remaining sections.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe
Bailey Baker N Bannister YBarfbot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T Y Brown, J Y Brush YBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell Y Canty N Carter Y Chambless Y Channell N Childers N Coker N Coleman, B N Coleman, T N Connell Y Crawford

N Crews Y Culbreth
N Cummings Davis, G
N Davis, M NDay
DeLoach, B DeLoach, G NDix Y Dixon, H N Dixon, S Y Dobbs NEhrhart NEpps N Evans N Falls N Felton N Floyd NGodbee Y Golden YGoodwin Y Greene N Grindley Y Manner N Harbin N Harris Heard YHeckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard Y Hudson Y Hugley

NIrvin Y James Y Jamieson
N Jenkins N Johnson, G N Johnson, J N Johnston N Jones
N Joyce NKaye N Kinnamon N Klein
N Ladd NLakly NLane N Lawrence YLee
N Lewis Lifsey
YLord
Lucas N Maddox
NMann N Martin Y McBee
YMcCall E McClinton
McKinney N Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal E Orrock YParham

Parrish N Parsons N Pelote N Perry N Pinholster NPolak Y Ponder
Porter N Poston Y Powell N Purcell, A Y Purcell, B NRandall N Randolph NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan YShaw
Sherrill N Shipp
N Simpson N Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 55, nays 106. The amendment was lost.

The following amendment was read and ruled out of order:

N Smith, W N Smyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephenson
Streat Y Taylor
NTeague NTeper N Thomas NTiUman Y Titus N Towery N Trense
Turnquest YTwiggs
Walker, L Y Walker, R.L NWall N Watson Y Watts Y Westmoreland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

Representative Mills of the 21st moves to amend the Floor substitute to HB 1148 as fol lows:
By striking "a new subsection" and inserting "new subsections" on lines 22 and 23 of page 6.

TUESDAY, FEBRUARY 13, 1996

907

By striking the quotation marks at the end of line 22 of page 7 and inserting between lines 22 and 23 the following:
"(c) A hospital authority shall not expend funds to construct or expand a facility or project in which any induced abortion is performed to purposely terminate a viable pregnancy with the intent to result in other than a live birth, except in cases where the life of the mother is in extreme danger.'"

The following amendment was read:
Representative Childers of the 13th moves to amend the Floor substitute to HB 1148: On page 6, Section 4, line 16 after the words "audiology under Title 43" add the follow ing, "or pharmacy under Title 26".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe Y Bailey Y Baker
Y Bannister Barfoot
Y Bargeron
Y Barnard YBames N Bates Y Benefield Y Biidsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck 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 Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs YEhrhart YEpps N Evans N Falls Y Felton Y Floyd NGodbee N Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd N Lakly YLane Y Lawrence
YLee Y Lewis
Lifsey NLord Y Lucas N Maddox YMann Y Martin Y McBee
McCall E McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal E Orrock YParham

Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster
Y Polak Y Ponder
Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Reaves
Y Reichert
Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y 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 N Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings
Stancil, F Y Stancil, S
Stanley, L
Y Stanley, P Y Stephenson
S treat Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest N Twiggs
Walker, L N Walker, R.L
Y Wall Y Watson Y Watts N Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 149, nays 14. The amendment was adopted.

Representative Dobbs of the 92nd moved that the House reconsider its action in fail ing to adopt the Dobbs amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe

N Bailey Baker
Y Bannister

Y Barfoot Y Bargeron
Y Barnard

Y Barnes Y Bates Y Benefield

Y Birdsong N Bordeaux
Y Bostick

908

JOURNAL OF THE HOUSE,

Y Breedlove N Brooks, D N Brooks, T Y Brown, J
Brush YBuck N Buckner YBunn N Burkhalter YByrd N Campbell Y Canty N Carter Y Chambless Y ChanneU N Childere N Coker N Coleman, B Y Coleman, T N Connell Y Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay
DeLoach, B DeLoach, G NDix N Dixon, H N Dixon, S Y Dobbs

NEhrhart NEpps N Evans Y Falls N Felton
N Floyd YGodbee Y Golden YGoodwin Y Greene N Grindley Y Hanner N Harbin N Harris Y Heard
Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard Y Hudson Y Hugley NIrvin Y James Y Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce

NKaye N Kinnamon N Klein NLadd NLakly NLane N Lawrence
NLee N Lewis
Lifsey YLord N Lucas N Maddox NMann N Martin Y McBee N McCal! E McClinton N McKinney N Mills N Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal E Orrock YParham Y Parrish N Parsons N Pelote N Perry N Pinholster NPolak

Y Ponder Y Porter YPoston N Powell
N Purcell, A Y Purcell, B NRandall N Randolph
NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan YShaw Y Sherrill
N Shipp N Simpson Y Sinkfield Y Skipper
N Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W Y Smyre N Snelling

YSnow NStallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P N Stephenson
Streat Y Taylor YTeague Y Teper N Thomas Y Tillman Y Titus N Towery N Trense N Turnquest YTwiggs
Walker, L Y Walker, R.L N Wall
N Watson N Watts Y Westmoreland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 70, nays 98. The motion was lost.

The following amendment was read and withdrawn:

Representative Shaw of the 176th moves to amend the Floor substitute to HB 1148 as fol lows:
On p. 6 line 14 after the word "year" add
"or to transactions which have been the subject of sealed bid process".

The following amendment was read:

Representative Irvin of the 45th moves to amend the Floor substitute to HB 1148 by add ing "to provide for privatization studies;" after the semicolon on line 8 of page 1.
By striking the period at the end of line 10 of page 2 and inserting "; or".
By adding between lines 10 and 11 of page 2 the following:
"(7) Failure to comply with a good faith request to study privatization of the hospital as provided in subsection (c) of Code Section 31-7-75, in which event the requesting governing authority may remove any or all of the members."
By striking "a new subsection" from lines 22 and 23 of page 6 and inserting "new subsec tions".
By deleting the quotation mark at the end of line 22 of page 7.
By adding between lines 22 and 23 of page 7 the following:
"(c) A county governing authority may request that a hospital authority which it sup ports financially conduct a study of privatizing the management of any hospital owned

TUESDAY, FEBRUARY 13, 1996

909

or operated by the hospital authority if that hospital is designated as a Level One Trauma Center by the Joint Commission on Accreditation of Health Care Organizations. Such study shall be paid for by the requesting governing authority. If such request is made, the hospital authority shall comply with the request by contracting within six months with a bona fide, third-party entity to conduct such study. The requesting gov erning authority shall have the right to set reasonable dollar limits on the cost of such study.'"

The following amendment was read:
Representatives Holmes of the 53rd and Martin of the 47th move to amend the Irvin amendment to the Floor substitute to HB 1148 as follows: Delete (7) on lines 9-13 on page 1. Delete "shall" and substitute "may" on line 27.
On the adoption of the Holmes amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen
N Ashe Y Bailey Y Baker N Bannister
YBarfoot Y Bargeron N Barnard YBarnes N Bates Y Benefield
N Birdsong N Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J
Brush YBuck Y Buckner YBunn N Burkhalter YByrd N Campbell Y Canty N Carter Y Chambless Y Channell N Childers N Coker N Coleman, B Y Coleman, T Y Connell N Crawtord

N Crews N Culbreth N Cummings Y Davis, G N Davis, M
Day DeLoach, B DeLoach, G NDii Dixon, H N Diion, S Y Dobbs NEhrhart YEpps N Evans N Falls N Felton N Floyd YGodbee N Golden N Goodwin Y Greene N Grindley Y Banner N Harbin M Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard N 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
NLakly NLane N Lawrence YLee N Lewis
Lifsey Lord Y Lucas N Maddox N Mann Y Martin Y McBee McCall E McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal E Orrock YParham

Y Parrish N Parsons Y Pelote Y Perry N Pinholster N Polak N Ponder Y Porter Y Poston Y Powell Y Purcell, A N Purcell, B YRandall N Randolph
NRay N Reaves Y Reichert
Y Roberts Y Rogers N Royal
N Sanders N Sauder Y Scoggins N Shanahan YShaw
Sherrill NShipp 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

N Smith, W YSmyre N Snelling NSnow
Y Stallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor YTeague Y Teper Y Thomas YTillman N Titus N Towery N Trense Y Tumquest
Twiggs Walker, L N Walker, R.L 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 adoption of the amendment, the ayes were 78, nays 84. The amendment was lost.

Representative Holmes of the 53rd moved that the House reconsider its action in fail ing to adopt the Holmes amendment.
On the motion, the roll call was ordered and the vote was as follows:

910

JOURNAL OF THE HOUSE,

Y Alien Y Anderson N Ashe Y Bailey Y Baker N Bannister
Y Barfoot Y Bargeron N Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush
YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty N Carter Y Chambless Y Channell N Childers N Coker N Coleman, B Y Coleman, T Y Connell N Crawford

N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay
DeLoach, B DeLoach, G NDix N Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton N Floyd YGodbee Y Golden N Goodwin Y Greene N Grindley Y Manner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Hudson Y Hugley

NIrvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Y Jones N Joyce
NKaye Y Kinnamon N Klein NLadd
NLakly NLane N Lawrence YLee N Lewis
Lifsey YLord
Y Lucas N Maddox NMann Y Martin Y McBee
McCall
E McClinton Y McKinney N Mills
Y Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal E Orrock YParham

Y Parrish N Parsons Y Pelote Y Perry N Pinholster N Polak N Ponder Y Porter
N Poston Y Powell Y Purcell, A N Purcell, B YRandall N Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scoggins N Shanahan YShaw
Sherrill
NShipp 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

N Smith, W YSmyre N Snelling NSnow Y Stallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor YTeague
YTeper Y Thomas YTillman N Titus N Towery N Trense Y Turnquest YTwiggs
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 87, nays 79. The motion prevailed.

On the adoption of the Holmes amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson NAshe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell Y Canty N Carter Y Chambless Y Channell N Childers

N Coker N Coleman, B Y Coleman, T Y Connell N Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay
DeLoach, B DeLoach, G NDix N Dixon, H
Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton
N Floyd YGodbee N Golden N Goodwin Y Greene N Grindley
Y Hanner N Harbin N Harris

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 Y Jenkins
N Johnson, G N Johnson, J N Johnston Y Jones
N Joyce NKaye Y Kinnamon N Klein NLadd NLakly NLane N Lawrence YLee N Lewis
Lifsey YLord Y Lucas

N Maddox NMann Y Martin
Y McBee Y McCall E McClinton
Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal E Orrock
YParham Y Parrish N Parsons Y Pelote
Y Perry N Pinholster
N Polak N Ponder Y Porter
Y Poston Y Powell Y Purcell, A
N Purcell, B YRandall N Randolph
NRay Y Reaves

Y Reichert Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scoggins N Shanahan YShaw
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 N Smith, W YSmyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P
Y Stephenson Streat

TUESDAY, FEBRUARY 13, 1996

911

Y Taylor YTeague YTeper Y Thomas YTillman

N Titus N Towery N Trense
Tumquest YTwiggs

Walker, L N Walker, R.L N Wall Y Watson Y Watts

N Westmorland N Whitaker Y White N Wiles N Williams, B

On the adoption of the amendment, the ayes were 87, nays 82. The amendment was adopted.

N Williams, J N Williams, R N Woods
N Yates Murphy, Spkr

The Irvin amendment was withdrawn.

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 Alien Y Andereon
Y Ashe N Bailey N Baker N Bannister N Barfoot
N Bargeron N Barnard NBarnes
N Bates N Benefield
N Birdsong Y Bordeaux N Bostick N Breedlove
N Brooks, D Y Brooks, T N Brown, J N Brush NBuck Y Buckner NBunn Y Burkhalter NByrd Y Campbell N Canty Y Carter N Chambless N Channell Y Childers Y Coker N Coleman, B Y Coleman, T Y Connell N Crawford

N Crews N Culbreth Y Cummings N Davis, G Y Davis, M
YDay DeLoach, B DeLoach, G
NDix Diion, H
Y Diion, S NDobbs YEhrhart YKpps Y Evans N Falls Y Felton N Floyd NGodbee N Golden N Goodwin N Greene Y Grindley NHanner N Harbin Y Harris N Heard YHeckstall Y Hegstrom N Hembree N Henson N Holland Y Holmes
Y Howard N Hudson N Hugley

Y Irvin N James N Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein YLadd NLakly YLane Y Lawrence NLee Y Lewis
Lifsey
NLord N Lucas N Maddox YMann Y Martin NMcBee NMcCall E McClinton N McKinney Y Mills N Mobley, B Y Mobley, J
N Mosley Y Mueller Y O'Neal E Orrock NParham

N Parrish Y Parsons
Pelote Y Perry Y Pinholster YPolak N Ponder Y Porter Y Poston N Powell Y Purcell, A N Purcell, B NRandall Y Randolph
NRay N Reaves Y Reichert N Roberts N Rogers Y Royal N Sanders Y Sauder
Scoggins Y Shanahan
NShaw 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

N Smith, W NSmyre Y Snelling N Snow N Stallings
N Stancil, F Y Stancil, S
Stanley, L
N Stanley, P Y Stephenson
Streat N Taylor
N Teague YTeper
Y Thomas NTillman N Titus
Y Towery Y Trense N Turnquest NTwiggs
Walker, L N Walker, R.L YWall
N Watson N Watts N Westmorland N Whitaker Y White Y Wiles Y Williams, B N Williams, J Y Williams, R Y Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 73, nays 93. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Childers of the 13th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional
majority to HB 1148.

The following Bill of the House, having been previously read, was again taken up for consideration:

912

JOURNAL OF THE HOUSE,

HB 1278. By Representatives Mobley of the 69th, Randall of the 127th, Martin of the 47th and Falls of the 125th:
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; to provide that otherwise valid common-law mar riages, entered into prior to July 1, 1996, shall not be affected and shall con tinue to be recognized in this state.

The following amendment was read:

Representative Sauder of the 29th moves to amend HB 1278 as follows:
Add new Code Section 19-3-1.2
Notwithstanding any other provision to the contrary a common law marriage judicially recognized in another state as a valid marriage shall be given full faith and credit in Georgia.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe Y Bailey
N Baker Y Bannister NBarfoot N Bargeron Y Barnard YBarnes N Bates Y Benefield
Birdsong Y Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T Y Brown, J
Brush YBuck Y Buckner Y Bunn N Burkhalter NByrd Y Campbell N Canty N Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B N Coleman, T N Connell N Crawford

Y Crews Y Culbreth
Cununings N Davis, G Y Davis, M YDay
DeLoach, B DeLoach, G YDfat Dixon, H N Dixon, S
YDobbs YEhrhart
NEpps Y Evans
Y Falls Y Felton
N Floyd NGodbee N Golden YGoodwin N Greene Y Grindley N Manner Y Harbin Y Harris N Heard N Heckstall N Heggtrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Irvin
N James N Jamieson
Y Jenkins N Johnson, G Y Johnson, J N Johnston N Jones N Joyce N Kaye
Kinnamon Y Klein NLadd YLakly NLane Y Lawrence
YLee Y Lewis N Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee NMcCall E McClinton N McKinney N Mills N Mobley, B Y Mobley, J
N Mosley Y Mueller
N O'Neal E Orrock YParham

N Parrish N Parsons N Pelote Y Perry Y Pinholster YPolak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves Y Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder
Scoggins YShanahan YShaw
Sherril) YShipp N Simpson N Sinkfield N Skipper N Smith, C
N Smith, C.W N Smith, L N Smith, P N Smith, T
N Smith, V

On the adoption of the amendment, the ayes were 64, nays 98. The amendment was lost.

The following amendment was read:

N Smith, W NSmyre Y Snelling
Snow N Stallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague Y Teper
Thomas N Tillman Y Titus Y Towery NTrense N Turnquest NTwiggs
Walker, L N Walker, R.L
NWall N Watson Y Watts Y Westmorland NWhitaker
N White N Wiles N Williams, B N Williams, J Y Williams, R
Woods YYates
Murphy, Spkr

TUESDAY, FEBRUARY 13, 1996

913

Representative Walker of the 87th moves to amend HB 1278, as amended, by inserting at the end of line 9 on page 1 of such bill the following:
"prohibit marriages of the same sex in this state; to".
By striking line 16 on page 1 and inserting in lieu thereof the following:
"19-3-1 the following:"
By striking the quotation mark at the end of line 22 on page 1 and inserting immediately following line 22 the following:

Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where such license is issued by another state or foreign jurisdiction, shall be void in this state and any contractual rights granted by virtue of such license, including its termination, shall be unenforceable in the courts of this state.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
N Anderson Ashe
Y Bailey N Baker Y Bannister
Barfoot
Y Bargeron Y Barnard YBarnes N Bates Y Benefield
Y Birdsong Y Bordeaux
Bostick
Y Breedlove Y Brooks, D N Brooks, T
Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty Y Carter
Y Chambless Y ChanneU Y Childers Y Coker Y Coleman, B
Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cununings N Davis, G
Y Davis, M YDay
DeLoach, B DeLoach, G YDix
Dixon, H Y Dixon, S
Y Dobbs YEhrbart
NEpps Y Evans Y Falls Y Felton Y Floyd YGodbee
Golden
YGoodwin N Greene Y Grindley Y Hanner Y Harbin
Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard Y Hudson N Hugley

Irvin N James N 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 Y McBee YMcCall E McClinton
McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal E Orrock YParham

Y Parrish Y Parsons N Pelote Y Perry Y Pinholster NPolak Y Ponder Y Porter NPoston
Y Powell Y Purcell, A
Y Purcell, B NRandall N Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins YShanahan YShaw
Sherrill Y Shipp
Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephenson Y Street N Taylor NTeague NTeper
N Thomas N Tillman Y Titus Y Towery
Trense
N Turnquest YTwiggs
Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmorland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 121, nays 39. The amendment was adopted.

Representative Mobley of the 69th moved that the House reconsider its action in adopting the Walker amendment.
On the motion, the roll call was ordered and the vote was as follows:

914

JOURNAL OF THE HOUSE,

Y Alien Y Anderson NAshe N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnard NBarnes N Bates N Benefield N Birdsong N Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush NBuck N Buckner NBunn N Burkhalter NByrd N Campbell Y Canty N Carter N Chambless N Channel! N Childers N Coker N Coleman, B
Coleman, T N Connell N Crawford

N Crews N Culbreth Y Cummings
Y Davis, G N Davis, M NDay
DeLoach. B DeLoach, G NDix Dixon, H N Dixon, S NDobbs N Ehrbart
YEpps N Evans
N Falls N Felton
N Floyd N Godbee N Golden NGoodwin N Greene N Grindley N Manner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree N Henson
N Holland Y Holmes Y Howard N Hudson Y Hugley

Irvin Y James Y Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane N Lawrence NLee N Lewis N Lifsey
NLord Y Lucas
N Maddox NMann Y Martin
McBee NMcCall E McClinton N McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller Y O'Neal EOrrock NParham

N Parrish N Parsons Y Pelote N Perry N Pmholster YPolak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B YRandall Y Randolph
NRay N Reaves N Reichert Y Roberts Y Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

On the motion, the ayes were 36, nays 130. The motion was lost.

N Smith, W YSmyre N Snelling
Snow N Stagings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor YTeague YTeper Y Thomas YTUlman N Titus N Towery
N Trense Y Turnquest NTwiggs
Walker, L N Walker, R.L N Wall N Watson N Watts N Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The following amendment was read:

Representatives Hegstrom of the 66th and Polak of the 67th move to amend HB 1278 as follows:
Add new section to read as follows:
Nothing in this Code section shall infringe upon, nor interfere with, a citizens rights under the Constitutions of the United States and Georgia, including the citizens right to free exercise of religion.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien N Anderson N Ashe
Bailey Y Baker N Bannister N Barfoot N Bargeron N Barnard NBarnes N Bates N Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove

N Brooks, D N Brooks, T
N Brown, J N Brush NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell N Canty N Carter N Chambless
Channell N Childers
N Coker

N Coleman, B N Coleman, T Y Connell N Crawford N Crews N Culbreth
Cummings N Davis, G N Davis, M NDay
DeLoach, B DeLoach, G NDix Dixon, H
N Dixon, S N Dobbs

N Ehrhart NEpps N Evans N Falls N Felton N Floyd
God bee Golden NGoodwin N Greene N Grindley N Hanner N Harbin N Harris N Heard N Heckstall

Y Hegstrom N Hembree
Henson N Holland Y Holmes Y Howard N Hudson N Hugley NIrvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston
Jones

TUESDAY, FEBRUARY 13, 1996

915

N Joyce NKaye N Kinnamon
N Klein NLadd NLakly NLane N Lawrence
NLee N Lewis
N Lifsey NLord
Lucas N Maddoi NMann Y Martin Y McBee NMcCall E McClinton N McKinney

N Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal E Orrock NParham N Parrish N Parsons N Pelote N Perry N Pinholster
YPolak Y Ponder
Porter NPoston
N Powell N Purcell, A N Purcell, B

N Randall Randolph
NRay N Reaves Y Reichert N Roberts N Rogers N Royal
N Sanders N Sauder Y Scoggins N Shanahan
NShaw Sherrill
N Shipp Y Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W

N Smith, L N Smith, P
Smith, T
N Smith, V N Smith, W NSmyre N Snelling
NSnow Y Stallings N Stancil, F
Stancil, S Stanley, L Y Stanley, P Y Stephenson N Streat N Taylor NTeague Y Teper N Thomas NTiUman

On the adoption of the amendment, the ayes were 21, nays 137. The amendment was lost.

N Titus
N Towery
N Trense N Tumquest
Twiggs Walker, L Y Walker, R.L
NWall 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

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 Alien Y Anderson
Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard YBames Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
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 Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay DeLoach, B
DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden
Y Goodwin
Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall N 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 YMcCall E McClinton Y McKinney
Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
E Orrock Y Parham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster N Polak Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw
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 Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague N Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmoreland
Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 164, nays 6.
The Bill, having received the requisite constitutional majority, was passed, amended.

916

JOURNAL OF THE HOUSE,

The Speaker assumed the Chair.

HB 1580.

By Representative Crews of the 78th:
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 change the provisions relating to prerequisites to a valid marriage.

The following amendment was read:

Representatives Hegstrom of the 66th, Martin of the 47th, Polak of the 67th and Teper of the 61st move to amend HB 1580 by striking in its entirety line 4 of page 1 and insert ing in lieu thereof the following:
"relating to prerequisites to a valid marriage; to provide that citizens' rights shall not be infringed upon or interfered with; to repeal".
By striking in its entirety line 15 of page 1 and inserting in lieu thereof the following:
"(a) Marriage is the union of a man and a woman. To constitute".
By striking the quote marks at the end of line 19 of page 1 and inserting the following:
"(b) Nothing in this Code section shall infringe upon, nor interfere with, a citizen's rights under the Constitutions of the United States and Georgia, including the citizen's right to free exercise of religion.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
N Ashe Bailey
Baker N Bannister
N Barfoot Bargeron
N Barnard N Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, J N Brush NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell
Canty N Carter N Chambless N Channell N Guilders N Coker
N Coleman, B N Coleman, T
Cornell N Crawford

N Crews N Culbreth
Cununings Y Davis, G N Davis, M NDay
DeLoach, B DeLoach, G NDix
Dixon, H N Dixon, S N Dobbs
Ehrhart
NEpps N Evans N Falls
N Felton N Floyd YGodbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris N Heard N Heckstall Y Hegstrom N Hembree N Henson N Holland Y Holmes Y Howard N Hudson N Hugley

NIrvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane N Lawrence NLee N Lewis N Lifsey
NLord Y Lucas
Maddox NMann Y Martin N McBee
McCall E McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal EOrrock NParham

N Parrish N Parsons N Pelote N Perry N Pinholster
Y Polak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph NRay
Reaves N Reichert N Roberts N Rogers N Royal N Sanders N Sauder
Scoggins N Shanahan NShaw
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

On the adoption of the amendment, the ayes were 13, nays 143.

N Smith, W NSmyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague Y Teper
Thomas N Tillman Y Titus N Towery N Trense
Turnquest Twiggs N Walker, L Y Walker, R.L
NWall 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

TUESDAY, FEBRUARY 13, 1996

917

The amendment was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 135, nays 10. The Bill, having received the requisite constitutional majority, was passed.
Representative Ashe of the 46th would like to be recorded as voting "nay" on HB 1580.

The following Bill of the House, having been previously read, was again taken up for consideration:

HB 1230.

By Representatives Powell of the 23rd, Porter of the 143rd, Cummings of the 27th, Brush of the 112th, Harbin of the 113th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit issuance of Class M drivers' licenses and Class M commercial drivers' licenses to persons who have not completed an approved motorcycle operator safety training program; to change the requirement of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain persons.

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 Alien Y Anderson N Ashe
Y Bailey Baker
Y Bannister Y Barfoot N Bargeron Y Barnard N Barnes N Bates Y Benefield Y Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush N Buck Y Buckner Y Bunn
Y Burkhalter Y Byrd N Campbell
N Canty N Carter N Chambless
N Channell N Childers Y Coker

Y Coleman, B Coleman, T
Y Connell
Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Day
DeLoach, B DeLoach, G Y Dix Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls N Felton Y Floyd N Godbee
N Golden Y Goodwin N Greene
Y Grindley Y Hanner Y Harbin
Y Harris N Heard N Heckstall

N Hegstrom Y Hembree N Henson
N Holland N Holmes Y Howard Y Hudson N Hugley N Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye N Kinnamon Y Klein N Ladd Y Lakly Y Lane
Lawrence Y Lee Y Lewis
Lifsey Y Lord N Lucas
Y Maddox Y Mann N Martin

N McBee Y McCall E McClinton
McKinney N Mills N Mobley, B Y Mobley, J
Mosley Y Mueller N O'Neal E Orrock Y Parham N Parrish Y Parsons Y Pelote N Perry Y Pinholster N Polak N Ponder Y Porter N Poston Y Powell N Purcell, A
Y Purcell, B N Randall Y Randolph
N Ray Y Reaves N Reichert
Y Roberts Y Rogers N Royal

Y Sanders Y Sauder Y Scoggins
N Shanahan Y Shaw
Sherrill Y Shipp N Simpson N Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling Y Snow N Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson
Y Streat N Taylor Y Teague
N Teper Y Thomas N Tillman

918

JOURNAL OF THE HOUSE,

Y Titus N Towery
N Trense N Turnquest

Y Twiggs Walker, L
Y Walker, R.L
Y Wall

Y Watson
Y Watts Y Westmoreland
Y Whitaker

N White Y Wiles
N Williams, B
Y Williams, J

Williams, K Y Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 99, nays 64.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Stanley of the 49th 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 1415.

By Representatives Holmes of the 53rd, Goodwin of the 79th, Canty of the 52nd and Kinnamon of the 4th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide an additional method for initiating the changing the boundaries of election precincts; to repeal obsolete language relating to precinct boundary changes required by a specified date in the past.

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 Alien Y Anderson YAshe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, J
Brush
YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B DeLoach, G YDix Dixon, H Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall
Y Hegstrom Y Hembree
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
Ladd YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee YMcCall E McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert
Roberts Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Shaw 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 YSmyre 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
Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L YWall Y Watson YWatta Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was

TUESDAY, FEBRUARY 13, 1996

919

HB 1367. By Representatives Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to procedures regarding the imposition of the special county 1 percent sales and use tax, so as to change the period of time which must elapse prior to resubmitting an imposition question.

The following amendment was read:

Representative Ladd of the 59th moves to amend HB 1367 by striking "date" on line 28 of page 1 and inserting in its place the following:
"date, but only if at no time during such 12 month period was a referendum conducted in such county under Code Section 48-8-85 or 48-8-103".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe N Bailey
Baker Y Bannister NBarfoot N Bargeron N Barnard NBames N Bates N Benefield
N Birdsong N Bordeaux
N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, J
Brush NBuck N Buckner
Bunn N Burkhalter NByrd N Campbell
Canty N Carter N Chambless N Channell N Childers N Coker
N Coleman, B N Coleman, T N Cornell Y Crawford

Crews N Culbreth N Cummings
N Davis, G Y Davis, M NDay
DeLoach, B DeLoach, G Dix Dixon, H N Dixon, S NDobbs YEhrhart NEpps Y Evans N Falls Y Felton N Floyd NGodbee N Golden N Goodwin N Greene Y Grindley N Hanner Y Harbin Harris 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 N Jenkins
Johnson, G Johnson, J Y Johnston Jones N Joyce NKaye N Kinnamon Y Klein YLadd NLakly
NLane Y Lawrence
NLee N Lewis
Y Lifsey Lord
N Lucas
N Maddox YMann N Martin N McBee NMcCall E McClinton Y McKinney N Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal
E Orrock NParham

N Parrish N Parsons N Pelote N Perry
Pinholster Y Polak N Ponder N Porter N Poston
Powell N Purcell, A N Purcell, B NRandall Y Randolph NRay N Reaves N Reichert
Roberts N Rogers N Royal N Sanders Y Sauder
Scoggins N Shanahan
NShaw Sherrill
YShipp Simpson
N Sinkfield N Skipper
N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F
Stancil, S Stanley, L N Stanley, P Stephenson N Streat N Taylor N Teague NTeper N Thomas Tillman N Titus Towery N Trense N Turnquest N Twiggs Walker, L N Walker, R.L NWall N Watson N Watts N Westmorland N Whitaker N White Y Wiles Y Williams, B N Williams, J Williams, R Y Woods N Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 26, nays 123. The amendment was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson Y Ashe

Y Bailey Y Baker
N Bannister

YBarfoot Y Bargeron
Y Barnard

YBarnes Y Bates
Y Benefield

Y Birdsong Y Bordeaux
Y Bostick

920

JOURNAL OF THE HOUSE,

Y Breedlove Y Brooks, D
Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y ChUdera Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford
Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay
DeLoach, B DeLoach, G NDii
Diion, H Y Diion, S Y Dobbs

YEhrhart YEpps Y Evans Y Falls
Y Felton Y Floyd YGodbee Y Golden Y Goodwm Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard YHeckstall 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 N Johnson, J N Johngton Y Jones N Joyce

NKaye Y Kinnamon Y Klein
NLadd YLakly YLane
N Lawrence YLee Y Lewis Y Lifsey YLord
Y Lucas Y Maddoi YMann
Y Martin YMcBee
YMcCall E McClinton Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal E Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Y Ponder 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
Sanders Y Sauder Y Scoggins YShanahan YShaw
Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling

YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas YTillman Y Titus
Y Towery Y Trense
Y Turnquest YTwiggs
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 157, nays 9. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Bldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 1186.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1187 Do Pass, by Substitute SB 210 Do Pass, by Substitute SB 396 Do Pass, by Substitute

TUESDAY, FEBRUARY 13, 1996

921

Respectfully submitted, /a/ Randall of the 127th
Chairman

Representative Lee of the 94th 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.

922

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 14, 1996

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Vernon C. King, Pastor, Spirit Creek Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 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 1688. By Representative Williams of the 114th: A bill to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to change the provisions regarding rules and regulations and sanctions against such providers.
Referred to the Committee on Health & Ecology.
HB 1689. By Representatives Williams of the 114th and Connell of the 115th: A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, so as to provide that multiple message signs shall be permitted on the interstate system, primary highways, and other highways under certain conditions.
Referred to the Committee on Transportation.
HB 1690. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act providing for a homestead exemption from ad valo rem taxes of the City of Rome independent school district for certain resi dents of that school district, so as to change the amount of the exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 14, 1996

923

HB 1691. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the sal ary system, so as to provide for the powers of the sheriff of Cherokee County regarding employment practices of that sheriffs office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1692. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1693. By Representatives Mills of the 21st, Stephenson of the 25th, Rogers of the 20th and Smith of the 19th:
A bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1694. By Representative Perry of the llth:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for comprehensive minimum standards and policies to be developed and implemented by all local law enforcement agencies relating to agency organization, personnel and fiscal management, use of resources, research, planning, and crime analysis, training, community relations, public information, crime prevention, and court service.
Referred to the Committee on Public Safety.

HB 1695. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1696. By Representatives Rogers of the 20th, Brush of the 112th, Barnard of the 154th, Parham of the 122nd and Harbin of the 113th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to persons not to be licensed, so as to change certain provi sions relating to persons 14 years of age who may be issued a restricted noncommercial Class P instruction permit.
Referred to the Committee on Motor Vehicles.

924

JOURNAL OF THE HOUSE,

HB 1697. By Representative Bordeaux of the 151st:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Anno tated, relating to the organization of county government, so as to provide for the additional powers of counties to grant certain franchises.
Referred to the Committee on State Planning & Community Affairs.

HB 1698. By Representative Bordeaux of the 151st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for local governmental respon sibility in the operation of vehicles.
Referred to the Committee on Motor Vehicles.

HB 1699. By Representatives Bunn of the 74th, Davis of the 60th, Mann of the 5th, Johnston of the 81st and Lifsey of the 6th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the transcript and records of a deprivation hearing shall be made available to the parent.
Referred to the Committee on Judiciary.

HB 1700. By Representatives Bunn of the 74th, Stanley of the 50th, Mann of the 5th, Johnston of the 81st and Lifsey of the 6th:
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 by local govern ments, so as to provide an exemption from occupation tax for businesses and practitioners in operation for less than six months with three or fewer employees.
Referred to the Committee on State Planning & Community Affairs.

HB 1701. By Representatives Bunn of the 74th, Davis of the 60th, Mann of the 5th, Lifsey of the 6th and Johnston of the 81st:
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 by local govern ments, so as to provide a maximum amount of occupation tax for businesses and practitioners with annual gross receipts not exceeding a specified amount.
Referred to the Committee on State Planning & Community Affairs.

HB 1702. By Representatives Smith of the 174th and Jamieson of the 22nd:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Anno tated, relating to the making of campaign contributions, so as to provide for additional requirements regarding the accepting and reporting of certain campaign contributions.
Referred to the Committee on Rules.

WEDNESDAY, FEBRUARY 14, 1996

925

HB 1703. By Representatives Mueller of the 152nd, Smith of the 169th, Lee of the 94th, Watts of the 26th, Davis of the 60th and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion.

Feb. 13, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1703. This notice is made prior to or upon reading the bill the first time.
/s/ Anne Mueller Representative 152nd District
Referred to the Committee on Judiciary.

HB 1705. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to pro vide for a county supplement to the senior judges of such judicial circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1706. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the solicitor of said court and the compen sation of said solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1707. By Representatives Lakly of the 105th and Westmorland of the 104th:
A bill to provide a homestead exemption from certain ad valorem taxes levied by Fayette County for county purposes and to provide a homestead exemption from certain Fayette County School District ad valorem taxes for educational purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1708. By Representative Lakly of the 105th:
A bill to amend an Act creating the Peachtree City Water and Sewerage Authority, so as to change a definition; to confer additional powers upon the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1709.

By Representative Holland of the 157th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Anno tated, relating to licenses required of electrical, plumbing, and conditioned air contractors, so as to provide a period for applying for an unrestricted license by certain persons.

926

JOURNAL OF THE HOUSE,

2-14-1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1709. This notice is made prior to or upon reading the bill the first time.
/s/ Ray Holland Representative 157 District
Referred to the Committee on Industry.

HR 1003. By Representative Channell of the lllth: A resolution designating the T. C. Hallman Memorial Bridge.
Referred to the Committee on Transportation.

HR 1004. By Representative Channell of the lllth: A resolution designating the Gregory Bridge.
Referred to the Committee on Transportation.

HR 1005. By Representatives McKinney of the 51st, Walker of the 141st, Brooks of the 54th, Davis of the 48th, Canty of the 52nd and others:
A resolution designating the Hamilton E. Holmes Drive in Fulton County.
Referred to the Committee on Transportation.

HR 1010. By Representatives Parrish of the 144th, Parham of the 122nd and Twiggs of the 8th:
A resolution memorializing the Congress of the United States to amend the federal Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs and biologies.
Referred to the Committee on Health & Ecology.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the com mittees:

HB 1710. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to allow any court authorized to issue arrest warrants to choose to hear applications for such warrants electronically or by telephone.
Referred to the Committee on Judiciary.

HR 1013. By Representative White of the 161st:
A resolution proposing an amendment to the Constitution so as to provide that the office of any federal, state, county, or municipal elected official who was elected as the nominee of a political party shall be vacated upon such elected official changing his or her political party affiliation during the term of office to which elected.
Referred to the Committee on Governmental Affairs.

WEDNESDAY, FEBRUARY 14, 1996

927

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1668 HB 1672 HB 1673 HB 1674 HB 1675 HB 1676 HB 1677 HB 1678 HB 1679 HB 1680 HB 1681 HB 1682 HB 1683

HB 1684 HB 1685 HB 1686 HB 1687 HB 1704 HR 995 HR 1000 HR 1001 HR 1006 SB 422 SB 614 SB 644 SB 647

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1362 Do Pass HB 1582 Do Pass

HB 1590 Do Pass SB 521 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1498 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1292 Do Pass HB 1320 Do Pass, by Substitute

928

JOURNAL OF THE HOUSE,

Respectfully submitted, M Lord of the 121st
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1430 Do Pass, by Substitute HB 1526 Do Pass

SB 348 Do Pass, by Substitute SB 607 Do Pass, by Substitute

Respectfully submitted, Is/ Chambless of the 163rd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs 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 706 Do Pass HB 1519 Do Pass HB 1556 Do Pass

HR 53 Do Pass SB 567 Do Pass, as Amended SB 588 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:

HB 1579 Do Pass HB 1658 Do Pass HB 1659 Do Pass

SB 668 Do Pass SB 690 Do Pass SB 692 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, FEBRUARY 14, 1996
Mr. Speaker and Members of the House:

WEDNESDAY, FEBRUARY 14, 1996

929

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enu merated below:
HB 726 Psychologists; behavioral/administrative orders; amend provisions HB 813 Bail bondsmen; fingerprints to GCIC; FBI check HB 1229 Sales tax; vending machines; exempt food sales HB 1235 Evidence; photos, videotapes, audio recordings; admissibility HB 1255 Urban redevelopment; slums; change references HB 1272 Used motor vehicles; dealers and parts dealers; amend provisions HB 1431 National Guard; active duty; Olympic support activities HB 1439 Motor vehicle insurance; cancellation or nonrenewal
HR 883 John E. Quillian Highway; designate
SB 163 Firemen's Pension Fund Mbr. membership in Peace Officers' Fund (Pollard of the 24th)
SB 287 State Patrol - radio operator, others retain badge w/25 yrs. (Pollard of the 24th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Smith of the 109th moved that HB 1579 be removed from the Local Calendar and voted on separately.
The motion prevailed.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1658.

By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Randolph County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1659.

By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the date of the commission's abolition.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

930

JOURNAL OF THE HOUSE,

SB 668. By Senator Gillis of the 20th:
A bill to amend an Act creating the Board of Commissioners of Treutlen County, as amended, so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
SB 690. By Senator Ralston of the 51st:
A bill to provide a new charter for the City of McCaysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

SB 692. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," as amended, so as to delete cer tain provisions relating to times of the meetings of such commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House, having been previously read, was again taken up for consideration:

HB 1579.

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 chairperson 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:

Alien Y Andereon Y Ashe

Bailey Y 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, J
Brush NBuck
Buckner YBunn
Burkhalter NByid Y CampbeU Y Canty
Carter
N Chambless Channel!
Y Childers Coker
Y Coleman, B Coleman, T Connell
Y Crawford Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix
Diion, H N Diion, S N Dobbs

WEDNESDAY, FEBRUARY 14, 1996

YEhrhart NEpps Y Evans Y Falls
Y Felton N Floyd NGodbee N Golden
Goodwin Y Greene Y Grindley N Manner Y Harbin Y Harris N Heard YHeckstall
N Hegstrom Y Hembree
Henson N Holland Y Holmes Y Howard N Hudson
Hugley Ylrvin
James N Jamieson N Jenkins Y Johnson, G
Y Johnson, J Y Johnston
Jones
Y Joyce

Y Kaye Kinnamon
Y Klein
YLadd YLakly NLane
Lawrence Lee Lewis Y Lifsey Lord
Lucas Y Maddox YMann N Martin NMcBee NMcCall N McClinton Y McKinney Y Mills
Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal EOrrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak

N Ponder N Porter N Poston
Powell N Purcell, A N Purcell, B YRandall N Randolph NRay
Reaves N Reichert Y Roberts
N Rogers N Royal Y Sanders Y Sauder Y Scoggins
Shanahan NShaw N Sherrill Y Shipp N Simpson Y Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P
Smith, T Y Smith, V
Smith, W Smyre Y Snelling

931
NSnow N Stallings N Stancil, F Y Stancil, S
Stanley, L Y Stanley, P N Stephenson N Streat
Taylor Y Teague N Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest NTwiggs N Walker, L Y Walker, R.L
Wall N Watson
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 80, nays 61. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Baker of the 70th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 1533. By Representatives Brush of the 112th and McCall of the 90th: A bill to create a board of elections and registration for Lincoln County.

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 555. By Senators Gochenour of the 27th and Glanton of the 34th:
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"; to provide for short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts; to provide for medical care savings accounts; to provide for the maximum amount that may be deposited in a medical care savings account.

932

JOURNAL OF THE HOUSE,

SB 578. By Senators Clay of the 37th, Tanksley of the 32nd and Thompson of the 33rd:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to increase the penalty for sale or distribution of a false identification document to a minor; to provide for related matters; to provide an effective date; to provide applicability.

SB 611. By Senators Oliver of the 42nd, Ray of the 19th and Perdue of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile court proceedings, so as to change provisions relat ing to provision of reunification services when a deprived child is removed from the home; to state legislative findings; to change the duration of and review of certain custody orders; to provide that reunification services are not required when efforts to reunify a child with the child's family are not rea sonable.

SB 620. By Senator Henson of the 55th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor or a marriage and family therapist to perform certain acts which physicians, psy chologists, and others are authorized to perform regarding emergency exami nations of persons who are mentally ill or alcoholic or drug dependent.

SB 625. By Senators Johnson of the 1st, Turner of the 8th and Edge of the 28th:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to applicability of statutory exemptions to bankruptcy and intestate insolvent estates, so as to limit unspecified property which may be exempted; to provide for related matters; to provide for an effective date; to provide for applicability.

SB 649. By Senator Clay of the 37th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Depart ment of Natural Resources of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program.

SB 693. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend Code Section 42-9-21 of the Official Code of Georgia Anno tated, relating to supervision of persons placed on parole or other conditional release and programs and services for persons on parole or conditional release, so as to authorize the State Board of Pardons and Paroles to super vise persons participating in transition or intermediate programs.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

WEDNESDAY, FEBRUARY 14, 1996

933

SB 555. By Senators Gochenour of the 27th and Glanton of the 34th:
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"; to provide for short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts; to provide for medical care savings accounts; to provide for the maximum amount that may be deposited in a medical care savings account.
Referred to the Committee on Insurance.
SB 578. By Senators Clay of the 37th, Tanksley of the 32nd and Thompson of the 33rd:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to increase the penalty for sale or distribution of a false identification document to a minor; to provide for related matters; to provide an effective date; to provide applicability.
Referred to the Committee on Judiciary.
SB 611. By Senators Oliver of the 42nd, Ray of the 19th and Perdue of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile court proceedings, so as to change provisions relat ing to provision of reunification services when a deprived child is removed from the home; to state legislative findings; to change the duration of and review of certain custody orders; to provide that reunification services are not required when efforts to reunify a child with the child's family are not rea sonable.
Referred to the Committee on Judiciary.
SB 620. By Senator Henson of the 55th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor or a marriage and family therapist to perform certain acts which physicians, psy chologists, and others are authorized to perform regarding emergency exami nations of persons who are mentally ill or alcoholic or drug dependent.
Referred to the Committee on Health & Ecology.
SB 625. By Senators Johnson of the 1st, Turner of the 8th and Edge of the 28th:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to applicability of statutory exemptions to bankruptcy and intestate insolvent estates, so as to limit unspecified property which may be exempted; to provide for related matters; to provide for an effective date; to provide for applicability.
Referred to the Committee on Banks & Banking.
SB 649. By Senator Clay of the 37th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Depart ment of Natural Resources of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program.
Referred to the Committee on Natural Resources & Environment.

934

JOURNAL OF THE HOUSE,

SB 693. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend Code Section 42-9-21 of the Official Code of Georgia Anno tated, relating to supervision of persons placed on parole or other conditional release and programs and services for persons on parole or conditional release, so as to authorize the State Board of Pardons and Paroles to super vise persons participating in transition or intermediate programs.
Referred to the Committee on State Institutions & Property.

Representative Childers of the 13th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 1148. By Representatives Childers of the 13th, Smith of the 12th, Smith of the 175th, Titus of the 180th, Day of the 153rd and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to change the pro visions relating to definitions; to provide for limitations upon service by members of hospital authorities and to provide for removal of such members; to prohibit certain conflicts of interest and the transaction of business by members of hospital authorities and controlled corporations of such authori ties.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Anderaon Y Ashe
Y Bailey N Baker N Bannister
N Barfoot N Bargeron N Barnard Y Barnes N Bates N Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush YBuck
Buckner N Bunn
Burkhalter NByrd
Campbell N Canty Y Carter N Chambless N Channell
Y Childere Y Coker N Coleman, B
Coleman, T Y Connell N Crawford

Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay
N DeLoach, B DeLoach, G
NDix Y Dixon, H Y Diion, S N Dobbs YEhrhart YEpps Y Evans N Falls Y Felton N Floyd
N Godbee N Golden
Good win Y Greene Y Grindley N Manner N Harbin Y Harris N Heard N Heckstall Y Hegstrom N Hembree
Henson N Holland Y Holmes Y Howard N Hudson Y Hugley

Ylrvin James Jamieson
N Jenkins
N Johnson, G Y Johnson, J Y Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein
YLadd NLakly
YLane Y Lawrence NLee Y Lewis
Lifsey NLord
Lucas N Maddox YMann Y Martin YMcBee NMcCall Y McClinton N McKinney N Mills
Mobley, B Y Mobley, J N Mosley Y Mueller Y O'Neal E Orrock N Parham

On the motion, the ayes were 80, nays 73. The motion prevailed.

N Parrish Y Parsons
Pelote Y Perry Y Pinholster YPolak N Ponder
Porter YPoston
Powell Y Purcell, A N Purcell, B NRandall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan NShaw
Sherrill
Y Shipp Y Simpson Y Sinkfield N Skipper Y Smith, C
Y Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V

Smith, W Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S Stanley, L N Stanley, P Y Stephenson Streat Y Taylor NTeague Y Teper N Thomas N Tilhnan N Titus N Towery Y Trense N Turnquest NTwiggs N Walker, L N Walker, R.L Y Wall N Watson Watts N Westmorland N Whitaker Y White Y Wiles Y Williams, B Y Williams, J Williams, R Y Woods
N Yates Murphy, Spkr

WEDNESDAY, FEBRUARY 14, 1996

935

Representatives Towery of the 30th and Smith of the 169th stated that they inadvert ently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 Regu lated Beverages:

SB 422. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 3-3-2 of the Official Code of Georgia Anno tated, relating to powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses, so as to provide that a municipal corpo ration is not authorized to require that licensees be residents of such munici pal corporation; to authorize municipal corporations to require that licensees be residents of the counties in which such municipal corporations are located.

Representative Teper of the 61st arose to a point of personal privilege and addressed the House.

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

Representative Irvin of the 45th arose to a pi >int of personal privilege and addressed the House.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1012.

By Representative Carter of the 166th:
A resolution commending Wayne Pearson, Berrien County Chamber of Com merce Volunteer of the Year, and inviting him to appear before the House of Representatives.

The following Resolution of the House was read and adopted:

HR 1011. By Representatives Coker of the 31st, Shipp of the 38th, Sauder of the 29th, Parsons of the 40th, Kaye of the 37th and others:
A resolution commending and congratulating Ms. Margaret Joy Gillentine.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House and Senate were taken up for consideration and read the third time:

SB 163. By Senator Pollard of the 24th:
A bill to amend Code Section 47-7-40 of the Official Code of Georgia Anno tated, relating to eligibility to apply for membership in the Georgia Firemen's Pension Fund, so as to provide that any member of the fund, who first became a member of the fund prior to July 1, 1996, may also be a mem ber of the Peace Officers' Annuity and Benefit Fund; to provide a definition; to provide that any person who applies for membership in the fund on or after such date shall not be eligible for membership.

936

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:

Alien Y Anderson YAshe
Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter
Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y 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 YEhrhart YEpps Y Evans
Y Falls Y Felton Y Floyd
YGodbee Y Golden YGoodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard
Heckstall
Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Irvin Y James
Jamieson 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
Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee YMcCall
McClinton Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller
Y O'Neal E Orrock YParham

Y Parrish Y Parsons
Pelote Y Perry Y Pinholster YPolak Y Ponder
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 Y Sanders Y Sauder
Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Teague YTeper Y Thomas YTillman Y Titus
Y Towery Y Trense
Turnquest Twiggs Y Walker, L
Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 147, nays 1. The Bill, having received the requisite constitutional majority, was

Representative Poston of the 3rd stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 813. By Representatives Davis of the 48th and McKinney of the 51st:
A bill to amend Code Section 17-6-15 of the Official Code of Georgia Anno tated, relating to the necessity for commitment where bail is tendered and accepted and the allowance of opportunity to give bail, so as to provide that the sheriff shall transmit one set of fingerprints of each individual who acts as a professional bondsperson for the professional bonding company seeking to be approved as a surety to the Georgia Crime Information Center.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend HB 813 by striking from line 5 of page 1 the words "one set" and inserting in lieu thereof the words "two sets".
By striking from line 19 of page 1 the following:
"one set",

WEDNESDAY, FEBRUARY 14, 1996

937

and inserting in lieu thereof the following: "two sets".

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:

Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux
Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Y Brown, J Brush
YBuck Y Buckner Y Bunn
Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M
Day
DeLoach, B DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Falls Y Felton Floyd YGodbee Y Golden YGoodwin Y Greene Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Hugley

Ylrvin James
Y Jamieson Y Jenkina 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
Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal E Orrock YParham

Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Ponder
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 Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V

Smith, W Smyre Y Snelling
YSnow Y Stallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus Y Towery YTrense Y Tumquest
YTwiggs 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 YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Smyre of the 136th 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 1229. By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption.

The following Committee substitute was read and adopted:

938

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 48-8-30 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use tax, so as to change the manner of apply ing such tax to certain sales through vending machines; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-30 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use tax, is amended by striking subsection (h) and insert ing in its place a new subsection (h) to read as follows:
"(h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continu ing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. For the purpose of this Code section, all sales through any one vending machine shall be treated as a single sale and the gross proceeds for reporting the sale shall be the net proceeds of such sales."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Anderaon YAshe
Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefield YBirdsong
Bordeaux YBostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner
YBunn Y Burkhalter
Byrd Y Campbell
Y Canty Y Carter Y Chambless Y Channel! Y Childere

Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cuxnmings Y Davis, G Y Davis, M
YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee
Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris

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
Joyce Kaye Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey Lord
Lucas

Y Maddox YMann Y Martin YMcBee
McCall Y McCUnton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller YO'Neal EOrrock YParham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves

Y Reichert Y Roberts
Y Rogers Y Royal Y Sanders Y Sauder YScoggins Y Shanahan YShaw YSherrill
YShipp 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 YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat

WEDNESDAY, FEBRUARY 14, 1996

939

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 Whitaker
Y White Y Wiles Y Williams, B

Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 726. By Representatives Barnes of the 33rd, Simpson of the 101st and Culbreth of the 132nd:
A bill to amend Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, so as to provide for a definition; to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or insti tution and the powers, privileges, and responsibilities thereof; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to the use of physical restraints.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 726 as follows: Line 29, page 1 remove "nursing assessment".

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 113, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1431.

By Representative Birdsong of the 123rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request that members of the National Guard report for duty into the active service of the state during the period of the 1996 Olympic Games for the performance of an official duty in connection with National Guard Olympic support activities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1272. By Representatives Skipper of the 137th and Smith of the 12th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to change the definition of a certain term; to change the provisions relating to the selection of the chairperson of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers and the selection of the chairpersons of the divi sions of such board.

940

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to change the the provisions relating to the investigation of used car dealers; to repeal certain provisions relating to the requirement of license numbers on advertising; to repeal certain provisions relating to impoundment of used vehicles displayed for sale at unlicensed facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," is amended by striking in its entirety subparagraphs (T), (U), and (V) of paragraph (1) of Code Section 43-47-10, relating to investigation of used car dearlers, and inserting in lieu thereof the following:
"(T) Having failed to pay within 30 days after written demand from the board any fees or penalties due on vehicles acquired for dismantling or rebuilding; or (U) Having willfully failed to keep or maintain the records required to be kept by this chapter; or \ v )--iiQvm^f ifilled to include tftc HUUIOGP of tiicir license uncter tins ctiftptei* "in flny and aU advertising fer th business conducted under the license; "
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-47-18, relating to the impoundment of used vehicles displayed for sale at unlicensed facilities, which reads as follows:
"43-47-18.
Except in the case of no more than two used motor vehicles for sale on residential prop erty, inspectors and investigators for the divisions or for the board or any local or state police officials may cause to have impounded by a private towing company any used motor vehicle which is displayed for sale at an unlicensed facility; provided, however, that the owner shall be notified either in person or by registered mail prior to the impounding of a used motor vehicle. A vehicle shall be considered to be displayed for sale when a reasonable person would perceive that the vehicle is for sale without having to inquire whether the vehicle is for sale. The owner of the vehicle shall be responsible for all charges incurred in the towing and storage of such vehicles. In no event shall the state, its agencies, its employees, or any local or state police agencies or officials incur any liability for anything growing out of the towing of such vehicles. Notwithstanding anything to the contrary contained in this Code section, any person may sell any vehicle where the county or municipal government has issued a permit to sell the vehicle, pro vided that the seller has demonstrated to the county or municipality that the title to the vehicle is in the seller's name. Each such permit shall be limited to the specific vehi cle for which it was issued. No individual shall apply for nor receive more than three such permits within a one-year period. It shall not be a defense against paying the charges incurred in the towing and storage of vehicles that the vehicle was permitted unless the permit was prominently displayed on the vehicle at the time it was towed. The county or municipal government may impose reasonable fees for the issuance of such permits." and inserting in lieu thereof the following:
"43-47-18.
Reserved."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 14, 1996

941

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 287. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions, after a radio operator or driver's license examiner has accumulated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.

The following Committee substitute 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 change certain age requirements relating to eligibility for appointment to or enlistment in the Uniform Division of the Department of Public Safety; to provide that under certain conditions, after a radio operator or driver's license examiner has accumulated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department; 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 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 striking in its entirety subsection (a) of Code Section 35-2-43, relating to eligibility for appointment to or enlistment in the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age sot mefe than 36 yeta-s of age at the time of appointment."

942

JOURNAL OF THE HOUSE,

SECTION 3. Said chapter is further amended by striking in its entirety Code Section 35-2-49, relating to the provision of proper uniforms and equipment to members of the Uniform Division, radio operators, and driver's license examiners, and inserting in lieu thereof a new Code Section 35-2-49 to read as follows:
"35-2-49.
The commissioner shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, how ever, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable condi tions, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators and drive* driver's license examiners. After a radio operator or driver's license examiner has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such radio opera tor or driver's license examiner shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1255.

By Representatives Epps of the 131st, Brown of the 130th, Holland of the 157th, Taylor of the 134th, James of the 140th and others:
A bill to amend Chapter 61 of Title 36 of the Official Code of Georgia Anno tated, the "Urban Redevelopment Law," so as to change references from "slum" or "slum area" to "distressed area".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Health and Ecology and referred to the Committee on Judiciary:

HB 1285.

By Representatives Ray of the 128th, Bargeron of the 120th, Day of the 153rd and Martin of the 47th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to persons with disabilities, so as to provide legislative findings; to provide for the establishment of the Georgia Family Trust Corporation, the Georgia Family Trust, and the Georgia Family Trust Charitable Trust.

WEDNESDAY, FEBRUARY 14, 1996

943

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HR 883. By Representatives Rogers of the 20th, Smith of the 19th and Mills of the 21st:
A resolution designating the John E. Quillian Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1439.

By Representatives Heard of the 89th, Hugley of the 133rd and Culbreth of the 132nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions applicable to insurance gen erally, so as to change certain provisions relating to the cancellation or nonrenewal of automobile or motorcycle policies and the cancellation or nonrenewal of certain property insurance policies.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions applicable to insurance generally, so as to change certain pro visions relating to the cancellation or nonrenewal of automobile or motorcycle policies and the cancellation or nonrenewal of certain property insurance policies; to change certain provisions relating to termination of an agency relationship as a valid reason for failure to renew a policy; to provide that certain provisions shall not abridge or supersede contrac tual rights of the terminated agency or the insurer, provided that these contractual rights do not adversely affect the privilege of the named insured to apply for renewal through another agent of the insurer; to change the form of the notice of nonrenewal based upon the termination of an agency relationship; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions applicable to insurance generally, is amended by striking in its entirety paragraph (6) of subsection (e) of Code Section 33-24-45, relating to the cancellation or nonrenewal of automobile or motorcycle policies, and inserting in lieu thereof a new para graph (6) to read as follows:
"(6)(A) Notwithstanding paragraph (3) of this subsection, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may shall locate another agent of the insurer and apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. Nothing in this subparagraph shall abridge or supersede contractual rights of the terminated agency or the insurer, provided

944

JOURNAL OF THE HOUSE,

that these contractual rights do not adversely affect the privilege of the named insured to apply for renewal through another agent of the insurer. (B) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of subparagraph (A) of this paragraph, in substantially the form which follows:
'NOTICE Your policy has not been renewed because your present agent no longer repre sents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you will locate another agent of this insurer and apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.'"
SECTION 2. Said article is further amended by striking in its entirety subsection (m) of Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in lieu thereof a new subsection (m) to read as follows:
"(m)(l) Notwithstanding subsection (j) of this Code section, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured ay shall locate another agent of the insurer and apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effec tive. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. Nothing in this paragraph shall abridge or supersede contractual rights of the terminated agency or the insurer, provided that these contractual rights do not adversely affect the privilege of the named insured to apply for renewal through another agent of the insurer. (2) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of paragraph (1) of this subsection, in substantially the form which follows:
'NOTICE Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Sec tion 33-24-46 of the Official Code of Georgia Annotated provides that if you will locate another agent of the insurer and apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy."'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1235.

By Representatives Williams of the 83rd, Chambless of the 163rd, Barnes of the 33rd, Crews of the 78th, Bostick of the 165th and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evidence; to provide for discovery by defendants.

WEDNESDAY, FEBRUARY 14, 1996

945

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photo graphs, motion pictures, videotapes, and audio recordings as evidence; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1. Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, is amended by adding a new Code section at the end thereof to read as follows:
"24-4-48.
(a) For purposes of this Code section, 'unavailability of a witness' includes situations in which the authenticating witness:
(1) Is exempted by ruling of the court on the ground of privilege from testifying con cerning the subject matter of the authentication; (2) Persists in refusing to testify concerning the subject matter of the authentication despite an order of the court to do so; (3) Testifies to a lack of memory of the subject matter of the authentication; (4) Is unable to be present or to testify at the hearing because of death or then exist ing physical or mental illness or infirmity; or (5) Is absent from the hearing and the proponent of the authentication has been unable to procure the attendance of the authenticating witness by process or other reasonable means. An authenticting witness is not unavailable as a witness if his or her exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of an authentication for the purpose of preventing the witness from attending or testifying. (b) Subject to any other valid objection, photographs, motion pictures, videotapes, and audio recordings shall be admissible in evidence when necessitated by the unavailability of a witness who can provide personal authentication and when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered. (c) This Code section shall not be the exclusive method of introduction into evidence of photographs, motion pictures, videotapes, and audio recordings but shall be supple mentary to any other statutes and lawful methods existing in this state."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Reichert of the 126th, Williams of the 83rd, Chambless of the 163rd and Barnes of the 33rd move to amend the Committee substitute to HB 1235 by striking in its entirety line 15 of page 2 and inserting in lieu thereof the following:
"(c) Subject to any other valid objection, photographs, motion pictures, videotapes, and audio recordings produced at a time when the device producing the items was not being

946

JOURNAL OF THE HOUSE,

operated by an individual person or was not under the personal control or in the pres ence of an individual operator shall be admissible in evidence when the court deter mines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered.
(d) This Code section shall not be the exclusive method of.

The following amendment was read and adopted:

Representatives Barnes of the 33rd and Williams of the 83rd move to amend the Reichert, et al. amendment to HB 1235 as follows:
Adding after "offered." on line 14 the following:
Provided further, that prior to the admission of such evidence the date and time of such photograph, motion picture or videotape recording shall be contained on such evidence and such date and time shall be shown to have been made contemporaneously with the events depicted in the photograph, video tape or motion picture.

The amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by 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:

Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot 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, J Y Brush YBuck
Buckner YBunn
Y Burkhalter Byrd
Y Campbell Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H
Y Dixon, S Dobbs
YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee
Golden YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris 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
Kaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
McKinney YMills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal EOrrock YParham

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster YPolak Y Ponder Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W YSmyre Y Snelling YSnow YStaUings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery YTrense Y Turnquest
Twiggs 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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.

WEDNESDAY, FEBRUARY 14, 1996

947

The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1641 Do Pass, by Substitute
Respectfully submitted, /a/ Childers of the 13th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 924 Do Pass HB 1076 Do Pass, by Substitute HB 1632 Do Pass, by Substitute

SB 179 Do Pass SB 553 Do Pass, by Substitute

Respectfully submitted, /a/ Watson of the 139th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 912 Do Pass, by Substitute HB 1588 Do Pass, by Substitute SB 496 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

948

JOURNAL OF THE HOUSE,

Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1332 Do Pass, by Substitute HB 1557 Do Pass HB 1649 Do Pass, by Substitute

SB 394 Do Pass SB 624 Do Pass SB 626 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 885 Do Pass, by Substitute HR 946 Do Pass
Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 15, 1996

949

Representative Hall, Atlanta, Georgia Thursday, February 15, 1996

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:

Men Anderson
Bannister Bargeron Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Brooks, T Brown, J Brush Byid Campbell Carter Chambless Childers Coker Coleman, B Connell

Crawford Crews Culbreth Davis, G Davis, M DeLoach, B DeLoach, G Ehrhart
Epps
Felton Golden Greene Harbin Harris Heard Heckstall Hegstrom Hembree Holland Howard Hudson Hugley

Jenkins Johnson, G Johnston Jones Kaye Kinnamon Klein Lakly Lane
Lawrence Lee
Lewis Lord
Mann
McBee
McClinton
McKinney
Mills
Mobley, J
Mueller
O'Neal

Par ham Pelote Pinholster Ponder Poston Powell Purcell, A Purcell, B Randall Randolph Reichert
Royal Sanders Shaw Skipper Smith, C Smith, C.W Smith, L Smith, W Snelling

Snow Shillings Stancil, S Stanley, L Stanley, P Stephenson Taylor Thomas Trense
Turnquest
Twiggs Wall
Watson
Watts
Westmoreland 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 Baker of the 70th, Maddox of the 108th, Buck of the 135th, Shanahan of the 10th, Shipp of the 38th, Godbee of the 145th, Sauder of the 29th, Smith of the 102nd, Stancil of the 91st, Tillman of the 173rd, Burkhalter of the 41st, Grindley of the 35th, Roberts of the 162nd, Whitaker of the 7th, Titus of the 180th, Day of the 153rd, McCall of the 90th, Sinkfield of the 57th, Perry of the llth, Walker of the 87th, Smith of the 12th, Polak of the 67th, Dixon of the 168th, Barfoot of the 155th, Ray of the 128th, Mobley of the 69th, Yates of the 106th, Brooks of the 103rd, Simpson of the 101st, Falls of the 125th, Evans of the 28th, Dix of the 76th, Henson of the 65th, Bunn of the 74th, Cummings of the 27th, Teague of the 58th, Streat of the 167th, Williams of the 83rd, Lifsey of the 6th, Breedlove of the 85th, Ladd of the 59th, Canty of the 52nd, Floyd of the 138th, James of the 140th, Sherrill of the 62nd, Channell of the lllth, Jamieson of the 22nd, Ashe of the 46th, Dixon of the 150th, Reaves of the 178th, Lucas of the 124th, Smyre of the 136th, Porter of the 143rd, Dobbs of the 92nd, Hanner of the 159th and Johnson of the 84th.
They wish to be recorded as present.

Prayer was offered by the Reverend Ben Brush, Sr., Bible Cathedral, Martinez, 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.

950

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 1711. By Representatives Evans of the 28th, Breedlove of the 85th, Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Forsyth Judicial Circuit, to be composed of the County of Forsyth.
Referred to the Committee on Judiciary.

HB 1712. By Representatives Evans of the 28th, Breedlove of the 85th, Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to create the State Court of Forsyth County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1713. By Representative Towery of the 30th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to change certain provisions relating to application for certificate of authority to create fund; to change certain provisions relating to admission of new members.
Referred to the Committee on Insurance.

HB 1714. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the term of office of the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1715. By Representatives Randall of the 127th, Reichert of the 126th, Falls of the 125th and Ray of the 128th:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to repeal certain provisions relating to the filling of vacancies on such board; to provide for filling vacancies in the membership of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 15, 1996

951

HB 1716. By Representatives Baker of the 70th, Henson of the 65th, Lawrence of the 64th, Turnquest of the 73rd and Teper of the 61st:
A bill to amend Code Section 43-14-8.2 of the Official Code of Georgia Anno tated, relating to utility contractor licenses and utility managers, so as to change the provisions relating to the manner in which contracting bodies consider and open bids for utility contracting work.
Referred to the Committee on Industry.

HB 1717. By Representatives Canty of the 52nd, Williams of the 114th, Ladd of the 59th, Stanley of the 49th and Lord of the 121st:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair trade practices in the business of insurance, so as to provide for legislative intent; to provide definitions; to provide that certain acts relating to agreements or contracts between insurers and agents shall be deemed unfair trade practices.
Referred to the Committee on Insurance.

HB 1718. By Representative Buckner of the 95th: A bill to provide a new charter for the City of Lake City.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1719. By Representatives Jones of the 71st and Baker of the 70th:
A bill to amend Code Section 12-8-39 of the Official Code of Georgia Anno tated, relating to cost reimbursement fees and surcharges relative to the use of municipal solid waste disposal facilities, so as to change the provisions relating to a certain fee.
Referred to the Committee on Natural Resources & Environment.

HB 1720. By Representative Coleman of the 142nd:
A bill to provide for the election of members of the Board of Education of Dodge County; to provide for education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1721. By Representative Howard of the 118th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students in public schools, so as to provide for notice to the parent or guardian of an elementary school student before expulsion or suspension of such a student.
Referred to the Committee on Education.

HB 1722. By Representatives Coleman of the 142nd, Smyre of the 136th and Connell of the 115th:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that the board of regents shall be authorized to place in a fund each fiscal year at the Medical College of Georgia a certain portion of patient care revenues from the college's hospital operations.
Referred to the Committee on University System of Georgia.

952

JOURNAL OF THE HOUSE,

HB 1723. By Representatives Connell of the 115th, Coleman of the 142nd, Lee of the 94th, Buck of the 135th, Parrish of the 144th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain restrictions regarding absentee vot ing shall not apply during a limited period of time immediately preceding a primary or election.
Referred to the Committee on Governmental Affairs.

HB 1724. By Representatives Connell of the 115th, Williams of the 114th, DeLoach of the 119th, Alien of the 117th, Anderson of the 116th and others:
A bill to amend an Act providing for the continued existence of the Rich mond County Department of Health and for the management and control of such department by the Richmond County Board of Health, so as to change the composition of said board of health.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1725. By Representative Martin of the 47th:
A bill to amend Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the child abuse registry, so as to change the provisions relating to definitions; to change the provisions regarding whose names may be included in such registry and regarding notice and hearing for inclusion of names upon or expungement of names from such registry.
Referred to the Committee on Judiciary.

HR 1014. By Representatives Heard of the 89th, Byrd of the 170th, Walker of the 141st, Smith of the 109th and Sherrill of the 62nd:
A resolution creating the House Citizens Come First Study Subcommittee and making it a part of the House Intragovernmental Coordination Commit tee.
Referred to the Committee on Rules.

HR 1015. By Representatives Johnston of the 81st and Brooks of the 54th:
A resolution creating the Joint Study Committee on the Georgia Merit Sys tem of Personnel Administration.
Referred to the Committee on Rules.

HR 1016. By Representatives Watts of the 26th and Murphy of the 18th: A resolution designating the Jimmy Lee Smith Parkway.
Referred to the Committee on Transportation.

HR 1017. By Representative Holland of the 157th: A resolution compensating Mr. Nathaniel A. Blakney.
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 15, 1996

953

HR 1018. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Hudson of the 156th and James of the 140th:
A resolution urging the Public Service Commission to adopt an official schedule of planting and harvest dates for the State of Georgia.
Referred to the Committee on Agriculture & Consumer Affairs.

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 1733. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th, Benefield of the 96th, Hudson of the 156th and others:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions of vehicles, so as to change certain provisions relating to issuance of annual permits.
Referred to the Committee on Transportation.

HB 1736. By Representatives Birdsong of the 123rd, Smith of the 175th, Bargeron of the 120th and Parham of the 122nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to the requirement that the Department of Public Safety keep records of applications for licenses and information on drivers' licenses and the furnishing of such information, so as to authorize the Department of Public Safety to provide access to and disseminate information from its records to the military branches of the United States Department of Defense.
Referred to the Committee on Defense & Veterans Affairs.

HR 1032. By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st, Sherrill of the 62nd, Polak of the 67th and others:
A resolution creating the Blue Ribbon Commission on the General Assembly of Georgia.
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 1688 HB 1689 HB 1690 HB 1691 HB 1692 HB 1693 no Iby4 xHHlrRRs 11IbRfitQQfCOfi.
HB 1697 HB 1698 HB 1699 HB 1700 HB 1701 HB 1702

HB 1705 HB 1706 HB 1707 HB 1708 HB 1710 HR 1003 tm T-HtTlKDri
HR HR 1013 SB 555 SB 578 SB 611 SB 620

954

JOURNAL OF THE HOUSE,

SB 625 SB 649 SB 693

HB 1703 HB 1709

Pursuant to Rule 52, Representative Mueller of the 152nd moved that the following Bill of the House be engrossed:

HB 1703. By Representatives Mueller of the 152nd, Smith of the 169th, Lee of the 94th, Watts of the 26th, Davis of the 60th and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux YBostick
Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush
Buck Buckner Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter Y Chambless Y Channell Y Childers
Y Coker Y Coleman, B
Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cununinffs Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Dixon, S YDobbs YEhrhart YEpps Y Evans Falls Felton
Y Floyd YGodbee Y Golden
Goodwill Y Greene Y Grindley
Manner Y Harbin
Harris
Y Heard Y Heckstall N Hegstrom Y Hembree
Henaon Y Holland
Holmes Howard Hudson N Hugley

Irvin James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon Y Klein YLadd YLakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas
Y Maddox YMann
Martin YMcBee
McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J YMosley Y Mueller Y O'Neal E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster N Polak Y Ponder Y Porter
Poston Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Reaves Reichert
Roberts Rogers Royal 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
Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephenson Y Streat
Taylor Teague N Teper Thomas TiUman Y Titus Towery Y Trense Turnquest YTwiggs 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 Yates Murphy, Spkr

On the motion, the ayes were 122, nays 8. The motion prevailed.

Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed:

HB 1709.

By Representative Holland of the 157th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Anno tated, relating to licenses required of electrical, plumbing, and conditioned air contractors, so as to provide a period for applying for an unrestricted license by certain persons.

THURSDAY, FEBRUARY 15, 1996

955

The motion prevailed.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1429 Do Pass HB 1480 Do Pass, by Substitute HB 1575 Do Pass, by Substitute

SB 368 Do Pass SB 510 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 460 Do Pass, by Substitute HB 587 Do Pass, as Amended HB 1532 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1550 Do Pass, by Substitute HB 1650 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

956

JOURNAL OF THE HOUSE,

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 1511 Do Pass HB 1673 Do Pass HB 1674 Do Pass HB 1675 Do Pass

HB 1676 Do Pass HB 1678 Do Pass HB 1679 Do Pass HB 1680 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 15, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enu merated below:

HB 1283 HB 1287 HB 1296 HB 1317 HB 1338 HB 1388 HB 1398 HB 1400 HB 1405 HB 1443

Hospitals; sales proceeds used for indigent care; exception Nuisances; property used for drug related activity Jails; refusal to accept medically unfit person Pesticides or hazardous chemicals; usage in certain areas Patient Protection Act; enact Uniform Commercial Code; amend provisions Ins; credit default, non-recording, vendors' single interest Telemarketing/internet activities; criminal theft; penalties Warehousing; agricultural products; electronic receipts Tax amnesty; deficient taxes; collection fees

HR 853 Dodge County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1511.

By Representative Walker of the 87th:
A bill to provide that the judge of the Probate Court of Walton County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1673.

By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

THURSDAY, FEBRUARY 15, 1996

957

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1674. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to create the Troup Family Connection Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1676.

By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, so as to change the provisions relating to the compensation and ben efits of such officer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1678.

By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the Richmond Hill Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in Richmond Hill and Bryan County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1679.

By Representatives Floyd of the 138th, James of the 140th and Walker of the 141st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Dooly County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1680.

By Representatives Perry of the llth and Smith of the 12th:
A bill to amend an Act providing for the filling of vacancies in the member ship of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1675.

By Representative Day of the 153rd:
A bill to provide a homestead exemption from City of Tybee Island ad valo rem taxes for city purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

958

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:

Alien Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channel! Y Childers Y Coker
Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YD
Dizon, H Y Dixon, S
YDobbs Ehrhart
YEpps Y Evans Y Falls
Felton Y Floyd YGodbee Y Golden
Goodwin Y Greene
Grindley Y Manner Y Harbin
Harris
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes
Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J
Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddos
YMann Y Martin YMcBee YMcCall
McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller
Y O'Neal E Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder
Porter YPoston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves
Y Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P
Smith, T Smith, V

Y Smith, W Smyre Snelling
YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas YTiUman Y Titus Y Towery Y Trense
Turnquest YTwiggs 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
Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 146, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

HB 1605.

By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to provide for staggered elections for the chairman and members of the board.

HB 1606.

By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by general law.

THURSDAY, FEBRUARY 15, 1996

959

SB 574. By Senator Thompson of the 33rd:
A bill to amend Code Section 10-1-31 of the Official Code of Georgia Anno tated, relating to definitions of terms used in the "Motor Vehicle Sales Finance Act" and construction of the Act, so as to change the definition of the terms "motor vehicle" and "retail installment contract" or "contract".

SB 584. By Senators Henson of the 55th, Thomas of the 10th, Boshears of the 6th 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.

SB 636. By Senator Starr of the 44th:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Anno tated, relating to designated felonies in juvenile court, so as to change a cer tain definition; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to enact a new article relating to bombs, explosives, and chemical and biological weapons; to define certain terms; to provide a list of explosive materials.

SB 646. By Senators Oliver of the 42nd, Burton of the 5th, Thomas of the 10th and others:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change provisions relating to penalties for violations of said Code section.

The Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 525. By Senator Broun of the 46th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 675. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and the Department of Corrections, so as to pro vide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services per taining to the custody, care, and control of inmates.

960

JOURNAL OF THE HOUSE,

SB 667. By Senator Cheeks of the 23rd:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Anno tated, relating to contributions made to a candidate or campaign committee or for recall of a public officer, so as to change the provisions relating to per sons acting on behalf of a public utility corporation regulated by the Public Service Commission; to provide for an exception.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 574. By Senator Thompson of the 33rd:
A bill to amend Code Section 10-1-31 of the Official Code of Georgia Anno tated, relating to definitions of terms used in the "Motor Vehicle Sales Finance Act" and construction of the Act, so as to change the definition of the terms "motor vehicle" and "retail installment contract" or "contract".
Referred to the Committee on Banks & Banking.

SB 584. By Senators Henson of the 55th, Thomas of the 10th, Boshears of the 6th 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.
Referred to the Committee on Rules.

SB 636. By Senator Starr of the 44th:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Anno tated, relating to designated felonies in juvenile court, so as to change a cer tain definition; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to enact a new article relating to bombs, explosives, and chemical and biological weapons; to define certain terms; to provide a list of explosive materials.
Referred to the Committee on Judiciary.

SB 646. By Senators Oliver of the 42nd, Burton of the 5th, Thomas of the 10th and others:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change provisions relating to penalties for violations of said Code section.
Referred to the Committee on Motor Vehicles.

SB 667. By Senator Cheeks of the 23rd:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Anno tated, relating to contributions made to a candidate or campaign committee or for recall of a public officer, so as to change the provisions relating to per sons acting on behalf of a public utility corporation regulated by the Public Service Commission; to provide for an exception.

THURSDAY, FEBRUARY 15, 1996

961

2-15-1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross Senate Bill Number 667. This notice is made prior to or upon reading the hill the first time.
Is/ Lee Representative 94th District
Referred to the Committee on Rules.

SB 675. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and the Department of Corrections, so as to pro vide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services per taining to the custody, care, and control of inmates.
Referred to the Committee on State Institutions & Property.

SR 525. By Senator Broun of the 46th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.
Referred to the Committee on State Institutions & Property.

Representative Heckstall of the 55th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1296.

By Representatives Jenkins of the 110th, Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to pro vide that such officers shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions; to provide for the disposition of such persons in cases where acceptance has been refused; to provide for the

962

JOURNAL OF THE HOUSE,

disposition of such persons after a medical release; to provide for the disposition of such persons in cases where no public health facility is located in the county; to provide for payment of costs related to medical assessment; 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. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, is amended by striking in its entirety Code Section 42-4-12, relating to penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense, and inserting in lieu thereof a new Code Section 42-4-12 to read as follows:
"42-4-12. Except as otherwise provided in this Code section, any Aay sheriff, coroner, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense who refuses to receive and take charge of such a person shallj be punished upon conviction thereof2 fey confinement fe* et teas th* two years aor Jenge* titan seven years and sfeaH fee dismissed fre office be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00. A sheriff, coroner, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions. Upon such refusal, it shall be the responsibility of the arresting agency to take the individual to a public health facility located in the county in which the arrest was made in order to secure a medical release. Upon medical release by the public health facility, the sheriff must accept the individual; provided, however, that in all cases the sheriff must assume custody where no public health facility is located in the county in which the arrest occurred and, in such instances, the governing authority of the arresting agency shall pay all costs related to the medical assessment."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Anderson YAshe Y Bailey Y Baker Bannister YBarfoot Y Bargeron Y Barnard NBarnes Y Bates
Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J

Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChanneU Y Childers YCoker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth

Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YOU Y Di*on, H
Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Good win

Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard Y Heckstoll 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 Y Jones
Joyce
YKaye Y Kinnamon Y Klein YLadd YLakly NLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox YMann

THURSDAY, FEBRUARY 15, 1996

963

Y Martin YMcBee YMcCall
Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
YMosley Y Mueller Y O'Neal
Orrock YParham YParrish Y Parsons Y Pelote Y Perry

Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y PurceU, A Y Purcell, B YRandaU Y Randolph YRay Y Reaves N Reichert Y Roberts Y Rogers Y Royal Y Sanders

Y Sauder Y Scoggins
Shanahan YShaw Y Sherrill YShipp 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 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 YTillman Y Titus Y Towery Y Trense

Turnquest Twiggs 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 passage of the Bill, by substitute, the ayes were 163, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolution of the House was read:

HR 1019. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Buck of the 135th and Connell of the 115th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 15, 1996, and shall reconvene on Monday, February 19, 1996.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Monday, February 19, may be as ordered by the Senate; and the hour for convening the House on Monday, February 19, may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Allen Anderson
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
.Y Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H
Dixon, S
Y Dobbs YEhrhart YEpps Y Evans Y Falls

Y Felton Y Floyd Y Godbee Y Golden
Goodwin
Y Greene Grindley
Y Banner Y Harbin Y Harris 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 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 Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley

Y Mueller Y O'Neal
Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandaU Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder

964

JOURNAL OF THE HOUSE,

Y Scoggins Y Shanahan Y Shaw Y SherrUl YShipp YSimpson YSinkfield Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Smith, P
Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling Y Snow YStallings
Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman

Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts

Y Westmoreland Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, H Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution was adopted.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1405.

By Representative Greene of the 158th:
A bill to amend Code Section 10-4-19 of the Official Code of Georgia Anno tated, relating to warehouse receipts required for the storage of agricultural products and obtaining printed forms, so as to authorize the Commissioner of Agriculture to permit the use of electronic warehouse receipts and to accept electronic warehouse receipts obtained by warehousemen from bonded electronic warehouse receipt providers approved by and under an operational agreement.

The following amendment was read and adopted:

Representative Greene of the 158th moves to amend HB 1405 by inserting between "Agri culture;" and "to" on line 9 of page 1 the following:
"to authorize the use of certain computer printouts with respect to the foregoing;".
By striking the quotation marks at the end of line 23 of page 1 and inserting in its place the following:
"A computer printout issued on behalf of a state licensed warehouse by an approved electronic warehouse receipt provider shall be sufficient to comply with this part of such printout is sufficient to meet existing requirements of the electronic warehouse receipt program administered by the United States Department of Agriculture.'"

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:

Men Andereon Y Ashe
Y Bailey Y Baker Y Bannister Y Barfoot YBargeron Y Barnard YBarnes Y Bates

Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
Brooks, D Y Brooks, T 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 Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B
DeLoach, G

Y Dix Y Diion, H
Dixon, S
Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee

THURSDAY, FEBRUARY 15, 1996

965

Y Golden Goodwill
Y Greene Grindley
Y Hanner Y Harbin Y Harris
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland Y Holmes
Howard Y Hudson YHugley Y Irvin Y James Y Jamieson YJenkins 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
Lifsey Y Lord
Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak Y Ponder Y Porter Y Poston
Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts
Rogers
Y Royal Y Sanders Y Sauder

Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat

Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Turnquest
Y Twiggs Y Walker, L Y Walker, R.L
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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

HB 1317.

By Representatives Poston of the 3rd, McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Teper of the 61st:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide definitions; to require the posting of notices by certain governmental agencies concerning the application or use of pesti cides or hazardous chemicals in certain buildings or any public park, schoolyard, or playground.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to provide definitions; to require the posting of notices concerning the application or use of pesticides in certain public buildings; to pro vide for requirements concerning such notices; to provide for time limits; to provide for the inspection and copying of certain information and documents; to provide for the fur nishing of notices and material safety data sheets and the contents thereof; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Struc tural Pest Control Act," is amended by adding a new Code Section 43-45-15.1 to read as follows:
"43-45-15.1. (a) As used in this Code section, the term:

966

JOURNAL OF THE HOUSE,

(1) 'Agency' means the State of Georgia and any branch, department, agency, division, board, bureau, entity, official, employee, or agent of the state and any county, munici pality, consolidated government, or authority created by or pursuant to the Constitu tion of the State of Georgia or any general or local law of this state and any official, employee, or agent of any such entity. (2) 'Building operator" means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's build ing manager. (2) 'Exempted building' means:
(A) Any single-family dwelling; (B) Any privately owned or leased multifamily dwelling; or (C) Any building owned or leased by the United States; (3) 'Public building' means any building, whether privately owned or owned by an agency, which is open to the public during normal business hours and which is not an exempted building, including but not limited to the following: (A) Any building which provides facilities or shelter for public assembly or which is used for educational, office, or institutional purposes; and (B) Any library, museum, school, hospital, auditorium, enclosed sports arena, dor mitory, or university building. (b) The building operator of any public building who personally applies or uses or who contracts for, orders, or directs the application or use of any pesticide by another person within the interior of any public building shall post a conspicuous notice in such public building to notify anyone entering such building that a pesticide is being applied. Such notice shall be posted at the time of the application of any pesticide and shall remain posted for 24 hours following the application. Such notice shall include the name of each pesticide to be applied, the date on which the pesticide is to be applied, and a notice of the location and hours during which any person may obtain information concerning the pesticide to be applied and inspect and copy the material safety data sheet. It shall be the duty of the building operator to make available, upon request and within a rea sonable period of time of said request, the name of any pesticide used and a copy of the appropriate material safety data sheet which meets the requirements of subsection (c) of this Code section. If the pesticide is to be applied by a commercial applicator, a certified applicator, or a pesticide contractor, it shall be the duty of such applicator or contractor to provide the appropriate notices and material safety data sheets to the building operator prior to the time at which the notices must be posted, (c) A material safety data sheet shall include eight categories of information as follows: (1) Section I shall include: (A) The manufacturer's name and address; (B) An emergency telephone number that can be used in an emergency to contact a responsible party for information about the pesticide; (C) An information telephone number to be used to contact the manufacturer in nonemergency cases; and (D) The signature of the persons responsible for the material safety data sheet and the date it was developed or revised; (2) Section II shall include:
(A) The common name of the pesticide and any identification used on the label, including any code name or number or trade, brand, or generic name;
(B) The chemical name, i.e., the scientific designation of a chemical in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS); and
(C) The CAS number, i.e., the identification number assigned by the Chemical Abstracts Service, which is unique to a particular pesticide;
(3) Section III shall include the physical and chemical data that indicate the potential for vaporization;
(4) Section IV shall include fire and explosion hazard data that indicate fire and explosion hazard potential and special fire-fighting procedures;

THURSDAY, FEBRUARY 15, 1996

967

(5) Section V shall include reactivity data which describe the stability of the product and the potential for hazardous polymerization and decomposition and which also include materials and conditions to avoid during use and storage; (6) Section VI shall include health hazards, including an explanation of the most com mon sensations or symptoms a person might expect to experience from acute and chronic overexposure to the material or its components. Emergency and first aid pro cedures shall also be noted in this section. If the pesticide is a carcinogen, the source of this designation must be noted; (7) Section VII shall include data on safe handling and use, including designated spe cial handling and disposal methods and storage and spill precautions; and (8) Section VIII shall include control measures, including any manufacturer's recom mendations concerning the use of ventilation, personal protective equipment, and hygiene practices."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute offered by Representatives Walker of the 141st and Poston of the 3rd was read:

A BILL
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide definitions; to require the posting of notices concerning the application or use of certain pesticides in certain public buildings; to provide for requirements concerning such notices; to provide for time limits; to provide for the inspection and copying of certain information and documents; to provide for the furnishing of notices and material safety data sheets and the contents thereof; to provide for inspections and investigations; to pro vide for inspection warrants and the effects thereof; to provide for searches; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding a new Code Section 31-12-8.1 to read as follows:
"31-12-8.1.
(a) As used in this Code section, the term: (1) 'Agency' means the State of Georgia and any branch, department, agency, division, board, bureau, entity, official, employee, or agent of the state and any county, munici pality, consolidated government, or authority created by or pursuant to the Constitu tion of the State of Georgia or any general or local law of this state and any official, employee, or agent of any such entity. (2) 'Building operator' means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's build ing manager. (3) 'Fumigant' means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes, or vapors, which gas or gases, fumes, or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life. (4) 'Insecticides' means substances, not fumigants, under whatever name known, used for the destruction or control of insects and similar pests. (5) 'Pesticide' means attractants, fumigants, fungicides, insecticides, rodenticides, and repellants.

968

JOURNAL OF THE HOUSE,

(6) 'Public building' means a building owned or leased by an agency, which is open to the public, including but not limited to the following:
(A) Any building which provides facilities or shelter for public use or assembly or which is used for educational, office, or institutional purposes; and (B) Any library, museum, school, hospital, auditorium, dormitory, or university building. (7) 'Repellents' means substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their capacity for preventing the entrance or attack of pests. (8) 'Rodenticides' means substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents.
(b) The building operator of any public building who personally applies or uses or who contracts for or orders the application within the interior of any public building of any pesticide requiring the direct supervision of a certified operator as defined in Code Sec tion 43-45-2 or any pesticide which is sold solely for commercial applicator use and is restricted to uses other than household use shall post a conspicuous notice in such pub lic building to notify anyone entering such building that a pesticide is being applied. Such notice shall be posted before the application of any pesticide and shall remain posted for 24 hours following the application. Such notice shall include the name of each pesticide to be applied, the date on which the pesticide is to be applied, and a notice of the location and hours during which any person may obtain information concerning the pesticide to be applied and inspect and copy the material safety data sheet. It shall be the duty of the building operator to make available, upon request and within a rea sonable period of time of said request, the name of any pesticide used and a copy of the appropriate material safety data sheet which meets the requirements of subsection (c) of this Code section. If the pesticide is to be applied by a commercial applicator, a certified operator as defined in Code Section 43-45-2, or a pesticide contractor, it shall be the duty of such applicator or contractor to provide the appropriate notices and material safety data sheets to the building operator prior to the time at which the notices must be posted, (c) A material safety data sheet shall include eight categories of information as follows:
(1) Section I shall include: (A) The manufacturer's name and address; (B) An emergency telephone number that can be used in an emergency to contact a responsible party for information about the pesticide; (C) An information telephone number to be used to contact the manufacturer in nonemergency cases; and (D) The signature of the persons responsible for the material safety data sheet and the date it was developed or revised;
(2) Section II shall include: (A) The common name of the pesticide and any identification used on the label, including any code name or number or trade, brand, or generic name; (B) The chemical name, i.e., the scientific designation of a chemical in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS); and (C) The CAS number, i.e., the identification number assigned by the Chemical Abstracts Service, which is unique to a particular pesticide;
(3) Section III shall include the physical and chemical data that indicate the potential for vaporization; (4) Section IV shall include fire and explosion hazard data that indicate fire and
explosion hazard potential and special fire-fighting procedures; (5) Section V shall include reactivity data which describe the stability of the product and the potential for hazardous polymerization and decomposition and which also
include materials and conditions to avoid during use and storage; (6) Section VI shall include health hazards, including an explanation of the most com
mon sensations or symptoms a person might expect to experience from acute and

THURSDAY, FEBRUARY 15, 1996

969

chronic overexposure to the material or its components. Emergency and first aid pro cedures shall also be noted in this section. If the pesticide is a carcinogen, the source of this designation must be noted; (7) Section VII shall include data on safe handling and use, including designated spe cial handling and disposal methods and storage and spill precautions; and (8) Section VIII shall include control measures, including any manufacturer's recom mendations concerning the use of ventilation, personal protective equipment, and hygiene practices. (d) The Department of Human Resources and the county boards of health are autho rized to conduct inspections and investigations pertaining to the posting of such notices and keeping of such records. The commissioner of human resources, 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 Code Section 31-5-22. Such warrant shall authorize the commissioner, the director of any county board of health, the agents of either, or the agents of the Department of Agriculture if there appears to be a violation of Article 3 of Chapter 7 of Title 2, known as the 'Georgia Pesticide Use and Application Act of 1976,' or Chapter 45 of Title 43, known as the 'Structural Pest Control Act,' as appropriate, to conduct a search or inspection of the property, 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 authorized under the rules and regulations duly promulgated under this Code section; provided, however, that this shall not operate tc limit the Commissioner of Agriculture from otherwise obtaining an inspection or search warrant under Article 3 of Chapter 7 of Title 2, known as the 'Georgia Pesticide Use and Application Act of 1976,' Chapter 45 of Title 48, known as the 'Structural Pest Control Act,' or any other law assigned to the supervision of the Commissioner of Agriculture or the Department of Agriculture, if authorized."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Dobbs of the 92nd moves to amend the Floor substitute to HB 1317 as fol lows:
On page 5, between lines 14 & 15 add new Section 2:
"43-45-11.1
No contract for the control of wood-destroying organisms shall be entered into or exe cuted on or after July 1, 1998, by a licensee or any employee or agent of a licensee nor shall any such contract be valid unless there is printed at the top of the first page thereof in red ink and in letters not less than one-half inch in height one of the follow ing two statements, as appropriate to the contents and terms of the contract:
(1) 'This contract provides for retreatment of a structure but does not provide for the repair of damage caused by wood-destroying organisms.'; or
(2) 'This contract provides for the retreatment of a structure and the repair of dam age caused by wood-destroying organisms within limits stated in this contract.'"
Renumber Section 2 to Section 3.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Alien Y Andereon N Ashe

Y Bailey Y Baker N Bannister

Barfoot Y Bargeron Y Barnard

Y Barnes Y Bates Y Benefield

Y Birdsong Y Bordeaux Y Bostick

970

JOURNAL OF THE HOUSE,

Y Breedlove
Y Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner YBunn N Burkhalter YByrd N Campbell
Y Canty Y Carter Y Chambless YChannell YChilders N Coker
Y Coleman, B Coleman, T
Y Connell Y Crawford
N 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 YDobbs

N Ehrhart YEpps N Evans
Falls Y Felton
Y Floyd YGodbee Y Golden
Goodwill
Y Greene N Grindley Y Banner
Harbin N Harris
Y Heard Y Heckstall Y Hegstrom
N Hembree Y Henson
Y Holland Y Holmes N Howard Y Hudson Y Hugley NIrvin Y James Y Jamieson Y Jenkins N Johnson, G
Johnson, J N Johnston
Jones Joyce

N Kaye Y Kinnamon N Klein NLadd NLakly YLane Y Lawrence YLee N Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin
YMcBee McCall
Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J YMosley Y Mueller Y O'Neal YOrrock YParham YParrish N Parsons Y Pelote Y Perry N Pinholster YPolak

Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y PurceU, B YRandall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins
Y Shanahan NShaw Y Sherrill
Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smith, W YSmyre Y Snelling

Snow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas YTillman Y Titus N Towery N Trense
Turnquest YTwiggs Y Walker, L N Walker, R.L NWall Y Watson Y Watts
N Westmoreland NWhitaker Y White
N Wiles Y Williams, B
Williams, J N Williams, R N Woods N Yates
Murphy, Spier

On the adoption of the amendment, the ayes were 114, nays 48. The amendment was adopted.

The following amendment was read and adopted:

Representative Wiles of the 34th moves to amend the Floor substitute to HB 1317 as fol lows:
By adding a new Section (e) on page 5 line 14 as follows:
"(e) The penalty for violation of this Code section for the first offense shall be a civil penalty not to exceed $100.00. The penalty for subsequent violations shall be as pro vided in this Chapter".

The following amendment was read:
Representative Reichert of the 126th moves to amend the Floor substitute to HB 1317 as follows: Insert a new Section 2 on p. 5; line 15 to read:
Failure to comply with the provisions of this section shall not give rise to or be the basis for a cause of action for civil damages. Renumber Section 2 as Section 3.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe

N Bailey N Baker
Y Bannister

Y Barfoot N Bargeron Y Barnard

NBarnes N Bates
N Benefield

N Birdsong
N Bordeaux N Bostick

THURSDAY, FEBRUARY 15, 1996

971

Y Breedlove
Y Brooks, D N Brooks, T Y Brown, J
Y Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell
Canty N Carter N Chambless Y Channel! N Childere N Coker N Coleman, B
Coleman, T Cornell N Crawford Y Crews Y Culbreth N Cummings N Davis, G N Davis, M YDay Y DeLoach. B N DeLoach, G NDix Y Dixon, H N Diion, S NDobbs

N Ehrhart Epps
Y Evans N Falls N Felton N Floyd NGodbee N Golden
Goodwin N Greene Y Grindley Y Manner N Harbin N Harris N Heard N Heckstall N Hegstrom Y Hembree
Henson N Holland N Holmes N Howard N Hudson N Hugley NIrvin N James N Jamieson N Jenkins Y Johnson, G
Johnson, J Y Johnston N Jones
Joyce

YKaye N Kinnamon N Klein NLadd YLakly NLane N Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox N Mann N Martin N McBee YMcCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller NO'Neal N Orrock NParham
Parrish N Parsons N Pelote Y Perry N Pinholster
NPolak

Y Ponder Y Porter Y Poston Y Powell N Purcell, A N Purcell, B NRandall N Randolph
YRay Reaves
Y Reichert N Roberts Y Rogers
N Royal Y Sanders N Sauder
Scoggins
Y Shanahan YShaw N SherriU
N Shipp N Simpson N 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
NSmyre
N Snelling

On the adoption of the amendment, the ayes were 48, nays 114. The amendment was lost.

N Snow N Stallings Y Stancil, F N Stancil, S
N Stanley, L N Stanley, P N Stephenson
N Streat N Taylor
Teague N Teper
Thomas Tillman N Titus Y Towery N Trense Turnquest NTwiggs N Walker, L N Walker, R.L
NWall N Watson N Watts Y Westmorland N Whitaker N White Y Wiles
N Williams, B N Williams, J N Williams, R
N Woods N Yates
Murphy, Spkr

The following amendment was read:

Representative Maddox of the 108th moves to amend the Floor substitute to HB 1317 as follows: Page 2, line 41 after the word "posted" insert:
"permanently by the building operator." Delete the remainder of the sentence on page 2 and line 1 page 3.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
NAshe N Bailey N Baker Y Bannister NBarfoot N Bargeron N Barnard NBarnes Y Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J

Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless Y Channell N Childers Y Coker Y Coleman, B
Coleman, T N Connell Y Crawford
Crews Y Culbreth

Cummings N Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G
YDix Y Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd NGodbee Y Golden
Goodwin

N Greene Y Grindley Y Banner
Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley Y Irvin
N James N Jamieson N Jenkins

Y Johnson, G Johnson, J
Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein NLadd YLakly NLane Y Lawrence NLee N Lewis Y Lifsey
NLord Lucas
Y Maddox YMann

972

JOURNAL OF THE HOUSE,

N Martin NMcBee NMcCall
N McClinton McKinney
Y Mills N Mobley, B
N Mobley, J N Mosley Y Mueller N O'Neal N Orrock NParham NParrish Y Parsons N Pelote N Perry

Y Pinholster NPolak Y Ponder Y Porter N Poston
Powell N Purcell, A N Purcell, B NRandaU N Randolph
NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders

Y Sauder N Scoggins N Shanahan YShaw N SherriU YShipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W
Y Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W N Smyre

N Snelling Snow
N Stallings N Stancil, F
Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague N Teper
N Thomas N Tillman N Titus Y Towery N Trense

Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles N Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 61, nays 104. The amendment was lost.

The following amendment was read and adopted:

Representative Poston of the 3rd moves to amend the Floor substitute to HB 1317 by striking lines 10 and 11 of page 5 and inserting in lieu thereof the following:
"1976,' Chapter 45 of Title 43, known as the 'Structural Pest Control Act,' or any other law assigned to the".

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 Alien Y Andersen N Ashe
Y Bailey Y Baker N Bannister YBarfoot Y Bargeron N Barnard YBarnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner Y Bunn N Burkhalter NByrd N Campbell Y Canty N Carter Y Chambless
Channel!
N Childers N Coker

N Coleman, B Coleman, T
N Connell N Crawford N Crews Y Culbreth
N Cum tilings
Y Davis, G N Davis, M NDay N DeLoach, B Y DeLoach, G YDix N Diion, H Y Diion, S Y Dobbs YEhrhart YEpps N Evans
Y Falls N Felton Y Floyd YGodbee N Golden
Goodwin Y Greene N Grindley N Banner Y Harbin N Harris 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 N Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce NKaye Y Kinnamon Y Klein YLadd NLakly YLane Y Lawrence
YLee N Lewis N Lifsey YLord Y Lucas
N Maddox YMann Y Martin

Y McBee NMcCall
Y McClinton McKinney
N Mills
Y Mobley, B Y Mobley, J N Mosley N Mueller Y O'Neal YOrrock YParham Y Parrish N Parsons Y Pelote Y Perry N Pinholster
Y Polak Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
NRay Y Reaves N Reichert Y Roberts Y Rogers Y Royal

N Sanders N Sauder Y Scoggins
Y Shanahan YShaw Y SherriU
N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T N Smith, V N 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
Teague Y Teper Y Thomas Y Tillman

THURSDAY, FEBRUARY 15, 1996

973

Y Titus Y Towery
N Trense
Tumquest

Y Twiggs Y Walker, L
N Walker, R.L
N Wall

N Watson N Watts
N Westmorland
N Whitaker

Y White N Wiles
Y Williams, B
Williams, J

Y Williams, R Y Woods
N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Coleman of the 80th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1317 was ordered immediately transmitted to the Senate.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority, the following resolu tion of the House:

HR 1019. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Buck of the 135th and Connell of the 115th:
A resolution relative to adjournment.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

974

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker: Your Committee on Industry has had under consideration the following Bill of the
House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1221 Do Pass, by Substitute Respectfully submitted,
M 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 Bill and Resolu
tions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1368 Do Pass, by Substitute HR 986 Do Pass HR 995 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman
The following Resolutions of the House were read and adopted:
HR 1022. By Representatives Walker of the 87th and Johnson of the 84th: A resolution commending Officer James A. Shaw.
HR 1023. By Representative Parham of the 122nd: A resolution congratulating the Georgia Oilmen's Association.
HR 1024. By Representatives Parsons of the 40th and Wiles of the 34th: A resolution commending Dr. Gregory Taylor, Marietta High School's Teacher of the Year.
HR 1025. By Representatives Stancil of the 91st, Heard of the 89th, McBee of the 88th, Scoggins of the 24th, Epps of the 131st and others: A resolution commending Mildred Armour Bass and Martin L. Bass.

THURSDAY, FEBRUARY 15, 1996

975

HR 1026. By Representative Hegstrom of the 66th: A resolution commending Gerard Dean Hegstrom.

HR 1027. By Representative Stencil of the 91st: A resolution commending Morgan County Elementary School.

HR 1028. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Deacon James Hines, Jr.

HR 1029. By Representative Coleman of the 80th: A resolution congratulating and commending Brian Luders.

HR 1030. By Representative Smith of the 175th: A resolution commending Randy William Wright-Padgett.

HR 1031. By Representative Pelote of the 149th: A resolution congratulating Geneva White on her 60th birthday.

HR 1033. By Representative Buckner of the 95th: A resolution commending the Lake City Community Association.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Natural Resources and Environment and referred to the Committee on Motor Vehicles:

SB 649. By Senator Clay of the 37th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Depart ment of Natural Resources of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1388. By Representative Kinnamon of the 4th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to revise provisions relating to negotiable instruments and bank deposits and collections; to change certain definitions; to provide that an explicit reservation of rights is not effective as to an accord and satisfaction.

The following Committee substitute was read and adopted:

A BILL
To amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to revise provisions relating to negotiable instruments and bank

976

JOURNAL OF THE HOUSE,

deposits and collections; to change certain definitions; to provide that an explicit reserva tion of rights is not effective as to an accord and satisfaction; to revise comprehensively Article 3 of such title, relating to commercial paper, so as to change the short title; to pro vide for subject matter, conflicts between articles, and the effect of certain regulations and circulars; to revise definitions; to provide an index of definitions; to provide for negotiable instruments, issue of instruments, unconditional promises or orders, instruments payable in foreign money, promises or orders payable on demand or at a definite time, and prom ises or orders payable to bearer or to order; to provide for identification of the person to whom an instrument is payable, the place of payment, and interest; to provide for the date of an instrument, contradictory terms in an instrument, and incomplete instruments; to provide for joint and several liability and contribution; to provide for other agreements affecting instruments, statutes of limitations, notice of rights to defend actions; to provide for negotiation, negotiation subject to recission, transfer, and rights acquired by transfer; to provide for indorsement, special indorsement, blank indorsement, anomalous indorse ment, restrictive indorsement, and reacquisition; to provide for enforcement of instru ments, and persons entitled to enforce instruments; to provide for holders in due course, value and consideration, overdue instruments, defenses and claims in recoupment, claims to an instrument, notice of breach of fiduciary duty, proof of signatures, status as a holder in due course, enforcement by a person not in possession of an instrument, effect of the instrument on the obligation for which it was taken, and accord and satisfaction by use of an instrument; to provide for lost, destroyed, or stolen cashier's checks, teller's check, or certified checks; to provide for the liability of parties; to provide for signatures, signatures by representatives, unauthorized signatures, imposters, fictitious payees, fraudu lent indorsement by employees, negligence contributing to forgery or alteration, alteration, drawee's liability, acceptance of drafts and certified checks, and acceptance varying the draft; to provide for refusal to pay checks, and the obligation of the issuer, acceptor, drawer, and indorser; to provide for transfer warranties, presentment warranties, and pay ment or acceptance by mistake; to provide for instruments signed for accommodation and conversion of instruments; to provide for dishonor, including presentment, notice, excused presentment and notice, and evidence; to provide for discharge, effect of discharge, pay ment, tender, cancellation, renunciation, and discharge of indorsers and accommodation parties; to revise comprehensively Article 4 of such title, relating to bank deposits and col lections, so as to change provisions relating to applicability, variation by agreement, ordi nary care, the measure of damages; to revise definitions and the index of definitions; to insert provisions relating to items payable through or payable at a bank, electronic pre sentment, the statute of limitations, presentment warranties, and encoding and retention warranties; to change provisions relating to separate offices of banks, the time of receipt of items, and delays; to change provisions relating to agency status of banks, responsibility for collection or return, timely action, instructions, methods of sending and presenting, the depositary bank as holder of the item, warranties of the depositary bank; to change provi sions relating to warranties on transfer or presentment, the security interest of the collect ing bank, value for the purposes of status as a holder in due course, presentment by notice of certain items, medium and time of settlement, liability of a collecting bank, returning items, final payment by a payor bank, insolvency and preference; to change provisions relating to return of items by the payor bank, responsibility for late return of an item, and when items are subject to notice, stop-payment orders, legal process, or setoff; to change provisions relating to when a bank may charge a customer's account, the bank's liability for wrongful dishonor, the time of determining an account's insufficiency, stop-payment orders, closing accounts, a customer's death or incompetence, and customers' duties regarding unauthorized signatures and alterations; to change provisions relating to the payor bank's right to subrogation, the handling of documentary drafts, the presentment of "on arrival" drafts, and the presenting bank's responsibility and privilege regarding
goods; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil prac
tice, so as to change the statute of limitations for actions upon negotiable instruments; to
amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to
insert provisions relating to a presumption of payment of a check; to provide for related
matters; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 15, 1996

977

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," is amended by striking subsections (4), (20), (24), and (43) of Code Section 11-1-201, relating to general definitions, and inserting in lieu thereof the following:
"(4) 'Bank' means any person engaged in the business of banking and solely for the
pUFpOSCS Or /\J*llClC9 u flUCt 4 Or tfllS tit1C iriCiUQGS ftHy 9flVlH9 O&HK, fGUtUftl SftVtft^S
bonk, building and lean association, savings and lean aaaociation, and credit union, the
anee corporation. Wherever the word 'branch' is used in this title, with reference to a bank, it shall mean not only 'branch bank,' but also 'bank office' and 'bank facility' as those terms are defined in Code Section 7-1-600." "(20) 'Holder,' means a person wne is in possession of a document of title or an inotr-umcnt er a certificated investment security drawn, issued, or indorsed te nan or nis erder or te bearer or at blank with respect to a negotiable instrument, means the person in possession if the instrument is payable to bearer or, in the case of an instru ment payable to an identified person, if the identified person is in possession. Holder with respect to a document of title means the person in possession if the goods are deliverable to bearer or to the order of the person in possession." "(24) 'Money' means a medium of exchange authorized or adopted by a domestic or foreign government as a part ef- its currency and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations." "(43) 'Unauthorized' signature er indorsement means one made without actual, implied^ or apparent authority and includes a forgery."
SECTION 2. Said title is further amended by striking Code Section 11-1-207, relating to performance or acceptance under reservation of rights, and inserting in lieu thereof a new Code section, to read as follows:
"11-1-207. Performance or acceptance under reservation of rights. (1) A party whOj with explicit reservation of rightSj performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice,' 'under protest' or the like are sufficient. (2) Subsection (1) of this Code section does not apply to an accord and satisfaction."
SECTION 3. Said title is further amended by striking in its entirety Article 3, relating to commercial paper, which reads as follows:
"ARTICLE 3. PART 1
SHORT TITLE, FORM, AND INTERPRETATION
11-3-101. Short title. This article shall be known and may be cited as 'Uniform Commercial Code -- Commer cial Paper.'
11-3-102. Definitions and index of definitions. (1) In this article unless the context otherwise requires:
(a) 'Issue' means the first delivery of an instrument to a holder or a remitter. (b) An 'order' is a direction to pay and must be more than an authorization or request. It must identify the person to pay with reasonable certainty. It may be addressed to one or more such persons jointly or in the alternative but not in succes sion. (c) A 'promise' is an undertaking to pay and must be more than an acknowledgment of an obligation.

978

JOURNAL OF THE HOUSE,

(d) 'Secondary party' means a drawer or indorser. (e) 'Instrument' means a negotiable instrument. (2) Other definitions applying to this article and the Code sections in which they appear are: 'Acceptance.' Code Section 11-3-410. 'Accommodation party." Code Section 11-3-415. 'Alteration.' Code Section 11-3-407. 'Certificate of deposit.' Code Section 11-3-104. 'Certification.' Code Section 11-3-411. 'Check.' Code Section 11-3-104. 'Definite time.' Code Section 11-3-109. 'Dishonor.' Code Section 11-3-507. 'Draft.' Code Section 11-3-104. 'Holder in due course.' Code Section 11-3-302. 'Negotiation.' Code Section 11-3-202. 'Note.' Code Section 11-3-104. 'Notice of dishonor.' Code Section 11-3-508. 'On demand.' Code Section 11-3-108. 'Presentment.' Code Section 11-3-504. 'Protest.' Code Section 11-3-509. 'Restrictive indorsement.' Code Section 11-3-205. 'Signature.' Code Section 11-3-401. (3) The following definitions in other articles of this title apply to this article: 'Account.' Code Section 11-4-104. 'Banking day.' Code Section 11-4-104. 'Clearing-house.' Code Section 11-4-104. 'Collecting bank.' Code Section 11-4-105. 'Customer.' Code Section 11-4-104. 'Depositary bank.' Code Section 11-4-105. 'Documentary draft.' Code Section 11-4-104. 'Intermediary bank.' Code Section 11-4-105. 'Item.' Code Section 11-4-104. 'Midnight deadline.' Code Section 11-4-104. 'Payor bank.' Code Section 11-4-105. (4) In addition Article 1 of this title contains general definitions and principles of con struction and interpretation applicable throughout this article.
11-3-103. Limitations on scope of article. (1) This article does not apply to money, to documents of title, to securities governed by Article 8, or to payment orders governed by Article 4A. (2) The provisions of this article are subject to the provisions of the article on bank deposits and collections (Article 4 of this title) and secured transactions (Article 9 of this title).
11-3-104. Form of negotiable instruments; 'draft'; 'check'; 'certificate of deposit'; 'note.' (1) Any writing to be a negotiable instrument within this article must:
(a) Be signed by the maker or drawer; and (b) Contain an unconditional promise or order to pay a sum certain in money and no other promise, order, obligation, or power given by the maker or drawer except as authorized by this article; and (c) Be payable on demand or at a definite time; and (d) Be payable to order or to bearer. (2) A writing which complies with the requirements of this Code section is: (a) A 'draft' ('bill of exchange') if it is an order; (b) A 'check' if it is a draft drawn on a bank and payable on demand; (c) A 'certificate of deposit' if it is an acknowledgment by a bank of receipt of money with an engagement to repay it; (d) A 'note' if it is a promise other than a certificate of deposit.

THURSDAY, FEBRUARY 15, 1996

979

(3) As used in other articles of this title, and as the context may require, the terms 'draft,' 'check,' 'certificate of deposit,' and 'note' may refer to instruments which are not negotiable within this article as well as to instruments which are so negotiable.
11-3-105. When promise or order unconditional. (1) A promise or order otherwise unconditional is not made conditional by the fact that the instrument:
(a) Is subject to implied or constructive conditions; or (b) States its consideration, whether performed or promised, or the transaction which gave rise to the instrument, or that the promise or order is made or the instrument matures in accordance with or 'as per' such transaction; or (c) Refers to or states that it arises out of a separate agreement; or (d) States that it is drawn under a letter of credit; or (e) States that it is secured, whether by mortgage, reservation of title, or otherwise; or (f) Indicates a particular account to be debited or any other fund or source from which reimbursement is expected; or (g) Is limited to payment out of a particular fund or the proceeds of a particular source, if the instrument is issued by a government or governmental agency or unit; or (h) Is limited to payment out of the entire assets of a partnership, unincorporated association, trust, or estate by or on behalf of which the instrument is issued. (2) A promise or order is not unconditional if the instrument: (a) States that it is subject to or governed by any other agreement; or (b) States that it is to be paid only out of a particular fund or source except as pro vided in this Code section.
11-3-106. Sum certain. (1) The sum payable is a sum certain even though it is to be paid:
(a) With stated interest or by stated installments; or (b) With stated different rates of interest before and after default or a specified date; or (c) With a stated discount or addition if paid before or after the date fixed for pay ment; or (d) With exchange or less exchange, whether at a fixed rate or at the current rate; or (e) With costs of collection or an attorney's fee or both upon default. (2) Nothing in this Code section shall validate any term which is otherwise illegal.
11-3-107. Money. (1) An instrument is payable in money if the medium of exchange in which it is payable is money at the time the instrument is made. An instrument payable in 'currency' or 'current funds' is payable in money. (2) A promise or order to pay a sum stated in a foreign currency is for a sum certain in money and, unless a different medium of payment is specified in the instrument, may be satisfied by payment of that number of dollars which the stated foreign currency will purchase at the buying sight rate for that currency on the day on which the instrument is payable or, if payable on demand, on the day of demand. If such an instrument speci fies a foreign currency as the medium of payment the instrument is payable in that cur rency.
11-3-108. Payable on demand. Instruments payable on demand include those payable at sight or on presentation and those in which no time for payment is stated.
11-3-109. Define time. (1) An instrument is payable at a definite time if by its terms it is payable:
(a) On or before a stated date or at a fixed period after a stated date; or (b) At a fixed period after sight; or

980

JOURNAL OF THE HOUSE,

(c) At a definite time subject to any acceleration; or (d) At a definite time subject to extension at the option of the holder, or to extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event. (2) An instrument which by its terms is otherwise payable only upon an act or event uncertain as to time of occurrence is not payable at a definite time even though the act or event has occurred.
11-3-110. Payable to order. (1) An instrument is payable to order when by its terms it is payable to the order or assigns of any person therein specified with reasonable certainty, or to him or his order, or when it is conspicuously designated on its face as 'exchange' or the like and names a payee. It may be payable to the order of:
(a) The maker or drawer; or (b) The drawee; or (c) A payee who is not maker, drawer, or drawee; or (d) Two or more payees together or in the alternative; or (e) An estate, trust, or fund, in which case it is payable to the order of the representa tive of such estate, trust, or fund or his successors; or (f) An office, or an officer by his title as such in which case it is payable to the princi pal but the incumbent of the office or his successors may act as if he or they were the holder; or (g) A partnership or unincorporated association, in which case it is payable to the partnership or association and may be indorsed or transferred by any person thereto authorized. (2) An instrument not payable to order is not made so payable by such words as 'pay able upon return of this instrument properly indorsed.' (3) An instrument made payable both to order and to bearer is payable to order unless the bearer words are handwritten or typewritten.
11-3-111. Payable to bearer. An instrument is payable to bearer when by its terms it is payable to:
(a) Bearer or the order of bearer; or (b) A specified person or bearer; or (c) 'Cash' or the order of 'cash,' or any other indication which does not purport to designate a specific payee.
11-3-112. Terms and omissions not affecting negotiability. (1) The negotiability of an instrument is not affected by:
(a) The omission of a statement of any consideration or of the place where the instru ment is drawn or payable; or (b) A statement that collateral has been given for the instrument or in case of default on the instrument the collateral may be sold; or (c) A promise or power to maintain or protect collateral or to give additional collat eral; or (d) A term authorizing a confession of judgment on the instrument if it is not paid when due; or (e) A term purporting to waive the benefit of any law intended for the advantage or protection of any obligor; or (f) A term in a draft providing that the payee by indorsing or cashing it acknowledges full satisfaction of an obligation of the drawer; or (g) A statement in a draft drawn in a set of parts (Code Section 11-3-801) to the effect that the order is effective only if no other part has been honored. (2) Nothing in this Code section shall validate any term which is otherwise illegal.
11-3-113. Seal. An instrument otherwise negotiable is within this article even though it is under a seal.
11-3-114. Date, antedating, postdating.

THURSDAY, FEBRUARY 15, 1996

981

(1) The negotiability of an instrument is not affected by the fact that it is undated, antedated, or postdated. (2) Where an instrument is antedated or postdated the time when it is payable is deter mined by the stated date if the instrument is payable on demand or at a fixed period after date. (3) Where the instrument or any signature thereon is dated, the date is presumed to be correct.
11-3-115. Incomplete instruments. (1) When a paper whose contents at the time of signing show that it is intended to become an instrument is signed while still incomplete in any necessary respect it cannot be enforced until completed, but when it is completed in accordance with authority given it is effective as completed. (2) If the completion is unauthorized the rules as to material alteration apply (Code Section 11-3-407), even though the paper was not delivered by the maker or drawer; but the burden of establishing that any completion is unauthorized is on the party so assert ing.
11-3-116. Instruments payable to two or more persons. An instrument payable to the order of two or more persons:
(a) If in the alternative is payable to any one of them and may be negotiated, dis charged, or enforced by any of them who has possession of it; (b) If not in the alternative is payable to all of them and may be negotiated, dis charged, or enforced only by all of them.
11-3-117. Instruments payable with words or description. An instrument made payable to a named person with the addition of words describing him:
(a) As agent or officer of a specified person is payable to his principal but the agent or officer may act as if he were the holder; (b) As any other fiduciary for a specified person or purpose is payable to the payee and may be negotiated, discharged, or enforced by him; (c) In any other manner is payable to the payee unconditionally and the additional words are without effect on subsequent parties.
11-3-118. Ambiguous terms and rules of construction. The following rules apply to every instrument:
(a) Where there is doubt whether the instrument is a draft or a note the holder may treat it as either. A draft drawn on the drawer is effective as a note. (b) Handwritten terms control typewritten and printed terms, and typewritten control printed. (c) Words control figures except that if the words are ambiguous figures control. (d) Unless otherwise specified a provision for interest means interest at the judgment rate at the place of payment from the date of the instrument, or if it is undated from the date of issue. (e) Unless the instrument otherwise specifies two or more persons who sign as maker, acceptor or drawer or indorser and as a part of the same transaction are jointly and severally liable even though the instrument contains such words as 'I promise to pay.' (f) Unless otherwise specified consent to extension authorizes a single extension for not longer than the original period. A consent to extension, expressed in the instru ment, is binding on secondary parties and accommodation makers. A holder may not exercise his option to extend an instrument over the objection of a maker or acceptor or other party who in accordance with Code Section 11-3-604 tenders full payment when the instrument is due.
11-3-119. Other writings affecting instrument. (1) As between the obligor and his immediate obligee or any transferee the terms of an instrument may be modified or affected by any other written agreement executed as a part of the same transaction, except that a holder in due course is not affected by any

982

JOURNAL OF THE HOUSE,

limitation of his rights arising out of the separate written agreement if he had no notice of the limitation when he took the instrument. (2) A separate agreement does not affect the negotiability of an instrument.
11-3-120. Instruments 'payable through' bank. An instrument which states that it is 'payable through' a bank or the like designates that bank as a collecting bank to make presentment but does not of itself authorize the bank to pay the instrument.
11-3-121. Instruments payable at bank. A note or acceptance which states that it is payable at a bank is not of itself an order or authorization to the bank to pay it.
11-3-122. Accrual of cause of action. (1) A cause of action against a maker or an acceptor accrues:
(a) In the case of a time instrument on the day after maturity; (b) In the case of a demand instrument upon its date or, if no date is stated, on the date of issue. (2) A cause of action against the obligor of a demand or time certificate of deposit accrues upon demand, but demand on a time certificate may not be made until on or after the date of maturity. (3) A cause of action against a drawer of a draft or an indorser of any instrument accrues upon demand following dishonor of the instrument. Notice of dishonor is a demand. (4) Unless an instrument provides otherwise, interest runs at the rate provided by law for a judgment: (a) In the case of a maker, acceptor, or other primary obligor of a demand instrument, from the date of demand; (b) In all other cases from the date of accrual of the cause of action.
PART 2 TRANSFER AND NEGOTIATION
11-3-201. Transfer: right to indorsement. (1) Transfer of an instrument vests in the transferee such rights as the transferor has therein, except that a transferee who has himself been a party to any fraud or illegality affecting the instrument or who as a prior holder had notice of a defense or claim against it cannot improve his position by taking from a later holder in due course. (2) A transfer of a security interest in an instrument vests the foregoing rights in the transferee to the extent of the interest transferred. (3) Unless otherwise agreed any transfer for value of an instrument not then payable to bearer gives the transferee the specifically enforceable right to have the unqualified indorsement of the transferor. Negotiation takes effect only when the indorsement is made and until that time there is no presumption that the transferee is the owner.
11-3-202. Negotiation. (1) Negotiation is the transfer of an instrument in such form that the transferee becomes a holder. If the instrument is payable to order it is negotiated by delivery with any necessary indorsement; if payable to bearer it is negotiated by delivery. (2) An indorsement must be written by or on behalf of the holder and on the instru ment or on a paper so firmly affixed thereto as to become a part thereof. (3) An indorsement is effective for negotiation only when it conveys the entire instru ment or any unpaid residue. If it purports to be of less it operates only as a partial assignment. (4) Words of assignment, condition, waiver, guaranty, limitation or disclaimer of liabil ity, and the like accompanying an indorsement do not affect its character as an indorse ment.
11-3-203. Wrong or misspelled name.

THURSDAY, FEBRUARY 15, 1996

983

Where an instrument is made payable to a person under a misspelled name or one other than his own he may indorse in that name or his own or both; but signature in both names may be required by a person paying or giving value for the instrument.
11-3-204. Special indorsement; blank indorsement. (1) A special indorsement specifies the person to whom or to whose order it makes the instrument payable. Any instrument specially indorsed becomes payable to the order of the special indorsee and may be further negotiated only by his indorsement. (2) An indorsement in blank specifies no particular indorsee and may consist of a mere signature. An instrument payable to order and indorsed in blank becomes payable to bearer and may be negotiated by delivery alone until specially indorsed. (3) The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement.
11-3-205. Restrictive indorsements. An indorsement is restrictive which either:
(a) Is conditional; or (b) Purports to prohibit further transfer of the instrument; or (c) Includes the words 'for collection,' 'for deposit,' 'pay any bank,' or like terms signi fying a purpose of deposit or collection; or (d) Otherwise states that it is for the benefit or use of the indorser or of another per son.
11-3-206. Effect of restrictive indorsement. (1) No restrictive indorsement prevents further transfer or negotiation of the instru ment. (2) An intermediary bank, or a payor bank which is not the depositary bank, is neither given notice nor otherwise affected by a restrictive indorsement of any person except the bank's immediate transferor or the person presenting for payment. (3) Except for an intermediary bank, any transferee under an indorsement which is con ditional or includes the words 'for collection,' 'for deposit,' 'pay any bank,' or like terms (subparagraphs (a) and (c) of Code Section 11-3-205) must pay or apply any value given by him for or on the security of the instrument consistently with the indorsement and to the extent that he does so he becomes a holder for value. In addition such transferee is a holder in due course if he otherwise complies with the requirements of Code Section 11-3-302 on what constitutes a holder in due course. (4) The first taker under an indorsement for the benefit of the indorser or another per son (subparagraph (d) of Code Section 11-3-205) must pay or apply any value given by him for or on the security of the instrument consistently with the indorsement and to the extent that he does so he becomes a holder for value. In addition such taker is a holder in due course if he otherwise complies with the requirements of Code Section 11-3-302 on what constitutes a holder in due course. A later holder for value is neither given notice nor otherwise affected by such restrictive indorsement unless he has knowl edge that a fiduciary or other person has negotiated the instrument in any transaction for his own benefit or otherwise in breach of duty (subsection (2) of Code Section 11-3-304).
11-3-207. Negotiation effective although it may be rescinded. (1) Negotiation is effective to transfer the instrument although the negotiation is:
(a) Made by an infant, a corporation exceeding its powers, or any other person with out capacity; or (b) Obtained by fraud, duress, or mistake of any kind; or (c) Part of an illegal transaction; or (d) Made in breach of duty. (2) Except as against a subsequent holder in due course such negotiation is in an appro priate case subject to rescission, the declaration of a constructive trust, or any other remedy permitted by law.

984

JOURNAL OF THE HOUSE,

11-3-208. Reacquisition. Where an instrument is returned to or reacquired by a prior party he may cancel any indorsement which is not necessary to his title and reissue or further negotiate the instrument, but any intervening party is discharged as against the reacquiring party and subsequent holders not in due course and if his indorsement has been cancelled is dis charged as against subsequent holders in due course as well.
PARTS RIGHTS OF A HOLDER
11-3-301. Rights of a holder. The holder of an instrument whether or not he is the owner may transfer or negotiate it and, except as otherwise provided in Code Section 11-3-603 on payment or satisfac tion, discharge it or enforce payment in his own name.
11-3-302. Holder in due course. (1) A holder in due course is a holder who takes the instrument:
(a) For value; and (b) In good faith; and (c) Without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person. (2) A payee may be a holder in due course. (3) A holder does not become a holder in due course of an instrument: (a) By purchase of it at judicial sale or by taking it under legal process; or (b) By acquiring it in taking over an estate; or (c) By purchasing it as part of a bulk transaction not in regular course of business of the transferor. (4) A purchaser of a limited interest can be a holder in due course only to the extent of the interest purchased.
11-3-303. Taking for value. A holder takes the instrument for value:
(a) To the extent that the agreed consideration has been performed or that he acquires a security interest in or a lien on the instrument otherwise than by legal pro cess; or (b) When he takes the instrument in payment of or as security for an antecedent claim against any person whether or not the claim is due; or (c) When he gives a negotiable instrument for it or makes an irrevocable commitment to a third person.
11-3-304. Notice to purchaser. (1) The purchaser has notice of a claim or defense if:
(a) The instrument is so incomplete, bears such visible evidence of forgery or altera tion, or is otherwise so irregular as to call into question its validity, terms, or owner ship or to create an ambiguity as to the party to pay; or (b) The purchaser has notice that the obligation of any party is voidable in whole or in part, or that all parties have been discharged. (2) The purchaser has notice of a claim against the instrument when he has knowledge that a fiduciary has negotiated the instrument in payment of or as security for his own debt or in any transaction for his own benefit or otherwise in breach of duty. (3) The purchaser has notice that an instrument is overdue if he has reason to know: (a) That any part of the principal amount is overdue or that there is an uncured default in payment of another instrument of the same series; or (b) That acceleration of the instrument has been made; or (c) That he is taking a demand instrument after demand has been made or more than a reasonable length of time after its issue. A reasonable time for a check drawn and payable within the states and territories of the United States and the District of Columbia is presumed to be 30 days.

THURSDAY, FEBRUARY 15, 1996

985

(4) Knowledge of the following facts does not of itself give the purchaser notice of a defense or claim:
(a) That the instrument is antedated or postdated; (b) That it was issued or negotiated in return for an executory promise or accompa nied by a separate agreement, unless the purchaser has notice that a defense or claim has arisen from the terms thereof; (c) That any party has signed for accommodation; (d) That an incomplete instrument has been completed, unless the purchaser has notice of any improper completion; (e) That any person negotiating the instrument is or was a fiduciary; (f) That there has been default in payment of interest on the instrument or in pay ment of any other instrument, except one of the same series. (5) The filing or recording of a document does not of itself constitute notice within the provisions of this article to a person who would otherwise be a holder in due course. (6) To be effective notice must be received at such time and in such manner as to give a reasonable opportunity to act on it.
11-3-305. Rights of a holder in due course. To the extent that a holder is a holder in due course he takes the instrument free from: (1) All claims to it on the part of any person; and (2) All defenses of any party to the instrument with whom the holder has not dealt except:
(a) Infancy, to the extent that it is a defense to a simple contract; and (b) Such other incapacity, or duress, or illegality of the transaction, as renders the obligation of the party a nullity; and (c) Such misrepresentation as has induced the party to sign the instrument with nei ther knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms; and (d) Discharge in insolvency proceedings; and (e) Any other discharge of which the holder has notice when he takes the instrument.
11-3-306. Rights of one not holder in due course. Unless he has the rights of a holder in due course any person takes the instrument sub ject to:
(a) All valid claims to it on the part of any person; and (b) All defenses of any party which would be available in an action on a simple con tract; and (c) The defenses of want or failure of consideration, nonperformance of any condition precedent, nondelivery, or delivery for a special purpose (Code Section 11-3-408); and (d) The defense that he or a person through whom he holds the instrument acquired it by theft, or that payment or satisfaction to such holder would be inconsistent with the terms of a restrictive indorsement. The claim of any third person to the instru ment is not otherwise available as a defense to any party liable thereon unless the third person himself defends the action for such party.
11-3-307. Burden of establishing signatures, defenses, and due course. (1) Unless specifically denied in the pleadings each signature on an instrument is admit ted. When the effectiveness of a signature is put in issue:
(a) The burden of establishing it is on the party claiming under the signature; but (b) The signature is presumed to be genuine or authorized except where the action is to enforce the obligation of a purported signer who has died or become incompetent before proof is required. (2) When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. (3) After it is shown that a defense exists a person claiming the rights of a holder in due course has the burden of establishing that he or some person under whom he claims is in all respects a holder in due course.

986

JOURNAL OF THE HOUSE,

PART 4 LIABILITY OF PARTIES
11-3-401. Signature. (1) No person is liable on an instrument unless his signature appears thereon. (2) A signature is made by use of any name, including any trade or assumed name, upon an instrument, or by any word or mark used in lieu of a written signature.
11-3-402. Signature in ambiguous capacity. Unless the instrument clearly indicates that a signature is made in some other capacity it is an indorsement.
11-3-403. Signature by authorized representative. (1) A signature may be made by an agent or other representative, and his authority to make it may be established as in other cases of representation. No particular form of appointment is necessary to establish such authority. (2) An authorized representative who signs his own name to an instrument:
(a) Is personally obligated if the instrument neither names the person represented nor shows that the representative signed in a representative capacity; (b) Except as otherwise established between the immediate parties, is personally obli gated if the instrument names the person represented but does not show that the rep resentative signed in a representative capacity, or if the instrument does not name the person represented but does show that the representative signed in a representative capacity. (3) Except as otherwise established the name of an organization preceded or followed by the name and office of an authorized individual is a signature made in a representa tive capacity.
11-3-404. Unauthorized signatures. (1) Any unauthorized signature is wholly inoperative as that of the person whose name is signed unless he ratifies it or is precluded from denying it; but it operates as the sig nature of the unauthorized signer in favor of any person who in good faith pays the instrument or takes it for value. (2) Any unauthorized signature may be ratified for all purposes of this article. Such rat ification does not of itself affect any rights of the person ratifying against the actual signer.
11-3-405. Imposters; signature in name of payee. (1) An indorsement by any person in the name of a named payee is effective if:
(a) An impostor by use of the mails or otherwise has induced the maker or drawer to issue the instrument to him or his confederate in the name of the payee; or (b) A person signing as or on behalf of a maker or drawer intends the payee to have no interest in the instrument; or (c) An agent or employee of the maker or drawer has supplied him with the name of the payee intending the latter to have no such interest. (2) Nothing in this Code section shall affect the criminal or civil liability of the person so indorsing.
11-3-406. Negligence contributing to alteration or unauthorized signature. Any person who by his negligence substantially contributes to a material alteration of the instrument or to the making of an unauthorized signature is precluded from assert ing the alteration or lack of authority against a holder in due course or against a drawee or other payor who pays the instrument in good faith and in accordance with the reason able commercial standards of the drawee's or payer's business.
11-3-407. Alteration. (1) Any alteration of an instrument is material which changes the contract of any party thereto in any respect, including any such change in:
(a) The number or relations of the parties; or (b) An incomplete instrument, by completing it otherwise than as authorized; or

THURSDAY, FEBRUARY 15, 1996

987

(c) The writing as signed, by adding to it or by removing any part of it. (2) As against any person other than a subsequent holder in due course:
(a) Alteration by the holder which is both fraudulent and material discharges any party whose contract is thereby changed unless that party assents or is precluded from asserting the defense; (b) No other alteration discharges any party and the instrument may be enforced according to its original tenor, or as to incomplete instruments according to the authority given. (3) A subsequent holder in due course may in all cases enforce the instrument according to its original tenor, and when an incomplete instrument has been completed, he may enforce it as completed.
11-3-408. Consideration. Want or failure of consideration is a defense as against any person not having the rights of a holder in due course (Code Section 11-3-305), except that no consideration is neces sary for an instrument or obligation thereon given in payment of or as security for an antecedent obligation of any kind. Nothing in this Code section shall be taken to dis place any statute outside this title under which a promise is enforceable notwithstanding lack or failure of consideration. Partial failure of consideration is a defense pro tanto whether or not the failure is in an ascertained or liquidated amount.
11-3-409. Draft not an assignment. (1) A check or other draft does not of itself operate as an assignment of any funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until he accepts it. (2) Nothing in this Code section shall affect any liability in contract, tort, or otherwise arising from any letter of credit or other obligation or representation which is not an acceptance.
11-3-410. Definition and operation of acceptance. (1) Acceptance is the drawee's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes opera tive when completed by delivery or notification. (2) A draft may be accepted although it has not been signed by the drawer or is other wise incomplete or is overdue or has been dishonored. (3) Where the draft is payable at a fixed period after sight and the acceptor fails to date his acceptance the holder may complete it by supplying a date in good faith.
11-3-411. Certification of a check. (1) Certification of a check is acceptance. When a holder procures certification the drawer and all prior indorsers are discharged. (2) Unless otherwise agreed a bank has no obligation to certify a check. (3) A bank may certify a check before returning it for lack of proper indorsement. If it does so the drawer is discharged.
11-3-412. Acceptance varying draft. (1) Where the drawee's proffered acceptance in any manner varies the draft as pre sented the holder may refuse the acceptance and treat the draft as dishonored in which case the drawee is entitled to have his acceptance cancelled. (2) The terms of the draft are not varied by an acceptance to pay at any particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at such bank or place. (3) Where the holder assents to an acceptance varying the terms of the draft each drawer and indorser who does not affirmatively assent is discharged.
11-3-413. Contract of maker, drawer, and acceptor. (1) The maker or acceptor engages that he will pay the instrument according to its tenor at the time of his engagement or as completed pursuant to Code Section 11-3-115 on incomplete instruments.

988

JOURNAL OF THE HOUSE,

(2) The drawer engages that upon dishonor of the draft and any necessary notice of dis honor or protest he will pay the amount of the draft to the holder or to any indorser who takes it up. The drawer may disclaim this liability by drawing without recourse. (3) By making, drawing, or accepting the party admits as against all subsequent parties including the drawee the existence of the payee and his then capacity to indorse.
11-3-414. Contract of indorser; order of liability. (1) Unless the indorsement otherwise specifies (as by such words as 'without recourse') every indorser engages that upon dishonor and any necessary notice of dishonor and protest he will pay the instrument according to its tenor at the time of his indorsement to the holder or to any subsequent indorser who takes it up, even though the indorser who takes it up was not obligated to do so. (2) Unless they otherwise agree indorsers are liable to one another in the order in which they indorse, which is presumed to be the order in which their signatures appear on the instrument.
11-3-415. Contract of accommodation party. (1) An accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it. (2) When the instrument has been taken for value before it is due the accommodation party is liable in the capacity in which he has signed even though the taker knows of the accommodation. (3) As against a holder in due course and without notice of the accommodation oral proof of the accommodation is not admissible to give the accommodation party the ben efit of discharges dependent on his character as such. In other cases the accommodation character may be shown by oral proof. (4) An indorsement which shows that it is not in the chain of title is notice of its accommodation character. (5) An accommodation party is not liable to the party accommodated, and if he pays the instrument has a right of recourse on the instrument against such party.
11-3-416. Contract of guarantor. (1) 'Payment guaranteed' or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due he will pay it according to its tenor without resort by the holder to any other party. (2) 'Collection guaranteed" or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due he will pay it according to its tenor, but only after the holder has reduced his claim against the maker or acceptor to judgment and execution has been returned unsatisfied, or after the maker or acceptor has become insolvent or it is otherwise apparent that it is useless to proceed against him. (3) Words of guaranty which do not otherwise specify guarantee payment. (4) No words of guaranty added to the signature of a sole maker or acceptor affect his liability on the instrument. Such words added to the signature of one of two or more makers or acceptors create a presumption that the signature is for the accommodation of the others. (5) When words of guaranty are used presentment, notice of dishonor, and protest are not necessary to charge the user. (6) Any guaranty written on the instrument is enforceable notwithstanding any statute of frauds.
11-3-417. Warranties on presentment and transfer. (1) Any person who obtains payment or acceptance and any prior transferor warrants to a person who in good faith pays or accepts that:
(a) He has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title; and (b) He has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by a holder in due course acting in good faith:
(i) To a maker with respect to the maker's own signature; or

THURSDAY, FEBRUARY 15, 1996

989

(ii) To a drawer with respect to the drawer's own signature, whether or not the drawer is also the drawee; or (iii) To an acceptor of a draft if the holder in due course took the draft after the acceptance or obtained the acceptance without knowledge that the drawer's signa ture was unauthorized; and (c) The instrument has not been materially altered, except that this warranty is not given by a holder in due course acting in good faith: (i) To the maker of a note; or (ii) To the drawer of a draft whether or not the drawer is also the drawee; or (iii) To the acceptor of a draft with respect to an alteration made prior to the acceptance if the holder in due course took the draft after the acceptance, even though the acceptance provided 'payable as originally drawn' or equivalent terms; or (iv) To the acceptor of a draft with respect to an alteration made after the accept ance. (2) Any person who transfers an instrument and receives consideration warrants to his transferee and if the transfer is by indorsement to any subsequent holder who takes the instrument in good faith that: (a) He has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and (b) All signatures are genuine or authorized; and (c) The instrument has not been materially altered; and (d) No defense of any party is good against him; and (e) He has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted instrument. (3) By transferring 'without recourse' the transferor limits the obligation stated in sub section (2)(d) of this Code section to a warranty that he has no knowledge of such a defense. (4) A selling agent or broker who does not disclose the fact that he is acting only as such gives the warranties provided in this Code section, but if he makes such disclosure warrants only his good faith and authority.
11-3-418. Finality of payment or acceptance. Except for recovery of bank payments as provided in the article on bank deposits and collections (Article 4 of this title) and except for liability for breach of warranty on pre sentment under Code Section 11-3-417, payment or acceptance of any instrument is final in favor of a holder in due course, or a person who has in good faith changed his posi tion in reliance on the payment.
11-3-419. Conversion of instrument; innocent representative. (1) An instrument is converted when:
(a) A drawee to whom it is delivered for acceptance refuses to return it on demand; or (b) Any person to whom it is delivered for payment refuses on demand either to pay or to return it; or (c) It is paid on a forged indorsement. (2) In an action against a drawee under subsection (1) of this Code section the measure of the drawee's liability is the face amount of the instrument. In any other action under subsection (1) of this Code section the measure of liability is presumed to be the face amount of the instrument. (3) Subject to the provisions of this title concerning restrictive indorsements a represen tative, including a depositary or collecting bank, who has in good faith and in accord ance with the reasonable commercial standards applicable to the business of such representative dealt with an instrument or its proceeds on behalf of one who was not the true owner is not liable in conversion or otherwise to the true owner beyond the amount of any proceeds remaining in his hands.

990

JOURNAL OF THE HOUSE,

(4) An intermediary bank or payor bank which is not a depositary bank is not liable in conversion solely by reason of the fact that proceeds of an item indorsed restrictively (Code Sections 11-3-205 and 11-3-206) are not paid or applied consistently with the restrictive indorsement of an indorser other than its immediate transferor.
PARTS PRESENTMENT, NOTICE OF DISHONOR, AND PROTEST
11-3-501. When presentment, notice of dishonor, and protest necessary or permissible. (1) Unless excused (Code Section 11-3-511) presentment is necessary to charge second ary parties as follows:
(a) Presentment for acceptance is necessary to charge the drawer and indorsers of a draft where the draft so provides, or is payable elsewhere than at the residence or place of business of the drawee, or its date of payment depends upon such present ment. The holder may at his option present for acceptance any other draft payable at a stated date; (b) Presentment for payment is necessary to charge any indorser; (c) In the case of any drawer, the acceptor of a draft payable at a bank, or the maker of a note payable at a bank, presentment for payment is necessary, but failure to make presentment discharges such drawer, acceptor, or maker only as stated in Code Section ll-3-502(l)(b). (2) Unless excused (Code Section 11-3-511): (a) Notice of any dishonor is necessary to charge any indorser; (b) In the case of any drawer, the acceptor of a draft payable at a bank, or the maker of a note payable at a bank, notice of any dishonor is necessary, but failure to give such notice discharges such drawer, acceptor, or maker only as stated in Code Section
(3) Unless excused (Code Section 11-3-511) protest of any dishonor is necessary to charge the drawer and indorsers of any draft which on its face appears to be drawn or payable outside of the states and territories of the United States and the District of Columbia. The holder may at his option make protest of any dishonor of any other instrument and in the case of a foreign draft may on insolvency of the acceptor before maturity make protest for better security. (4) Notwithstanding any provision of this Code section, neither presentment nor notice of dishonor nor protest is necessary to charge an indorser who has indorsed an instru ment after maturity.
11-3-502. Unexcused delay; discharge. (1) Where without excuse any necessary presentment or notice of dishonor is delayed beyond the time when it is due:
(a) Any indorser is discharged; and (b) Any drawer or the acceptor of a draft payable at a bank or the maker of a note payable at a bank who because the drawee or payor bank becomes insolvent during the delay is deprived of funds maintained with the drawee or payor bank to cover the instrument may discharge his liability by written assignment to the holder of his rights against the drawee or payor bank in respect of such funds, but such drawer, acceptor, or maker is not otherwise discharged. (2) Where without excuse a necessary protest is delayed beyond the time when it is due any drawer or indorser is discharged.
11-3-503. Time of presentment. (1) Unless a different time is expressed in the instrument the time for any presentment is determined as follows:
(a) Where an instrument is payable at or a fixed period after a stated date any pre sentment for acceptance must be made on or before the date it is payable; (b) Where an instrument is payable after sight it must either be presented for accept ance or negotiated within a reasonable time after date or issue whichever is later; (c) Where an instrument shows the date on which it is payable presentment for pay ment is due on that date;

THURSDAY, FEBRUARY 15, 1996

991

(d) Where an instrument is accelerated presentment for payment is due within a rea sonable time after the acceleration; (e) With respect to the liability of any secondary party presentment for acceptance or payment of any other instrument is due within a reasonable time after such party becomes liable thereon. (2) A reasonable time for presentment is determined by the nature of the instrument, any usage of banking or trade, and the facts of the particular case. In the case of an uncertified check which is drawn and payable within the United States and which is not a draft drawn by a bank the following are presumed to be reasonable periods within which to present for payment or to initiate bank collection: (a) With respect to the liability of the drawer, 30 days after date or issue whichever is later; and (b) With respect to the liability of an indorser, seven days after his indorsement. (3) Where any presentment is due on a day which is not a full business day for either the person making presentment or the party to pay or accept, presentment is due on the next following day which is a full business day for both parties. (4) Presentment to be sufficient must be made at a reasonable hour, and if at a bank during its banking day.
11-3-504. How presentment made. (1) Presentment is a demand for acceptance or payment made upon the maker, accep tor, drawee, or other payor by or on behalf of the holder. (2) Presentment may be made:
(a) By mail, in which event the time of presentment is determined by the time of receipt of the mail; or (b) Through a clearing-house; or (c) At the place of acceptance or payment specified in the instrument or if there be none at the place of business or residence of the party to accept or pay. If neither the party to accept or pay nor anyone authorized to act for him is present or accessi ble at such place presentment is excused. (3) It may be made: (a) To any one of two or more makers, acceptors, drawees, or other payers; or (b) To any person who has authority to make or refuse the acceptance or payment. (4) It may be made as provided in Code Section 11-4-204; except as provided in that Code section, a draft accepted or a note made payable at a bank in the United States must be presented at such bank. (5) In the cases described in Code Section 11-4-210 presentment may be made in the manner and with the result stated in that Code section.
11-3-505. Rights of party to whom presentment is made. (1) The party to whom presentment is made may without dishonor require:
(a) Exhibition of the instrument; and (b) Reasonable identification of the person making presentment and evidence of his authority to make it if made for another; and (c) That the instrument be produced for acceptance or payment at a place specified in it, or if there be none at any place reasonable in the circumstances; and (d) A signed receipt on the instrument for any partial or full payment and its surren der upon full payment. (2) Failure to comply with any such requirement invalidates the presentment but the person presenting has a reasonable time in which to comply and the time for acceptance or payment runs from the time of compliance.
11-3-506. Time allowed for acceptance or payment. (1) Acceptance may be deferred without dishonor until the close of the next business day following presentment. The holder may also in a good faith effort to obtain accept ance and without either dishonor of the instrument or discharge of secondary parties allow postponement of acceptance for an additional business day. (2) Except as a longer time is allowed in the case of documentary drafts drawn under a letter of credit, and unless an earlier time is agreed to by the party to pay, payment

992

JOURNAL OF THE HOUSE,

of an instrument may be deferred without dishonor pending reasonable examination to determine whether it is properly payable, but payment must be made in any event before the close of business on the day of presentment.
11-3-507. Dishonor; holder's right of recourse; term allowing re-presentment. (1) An instrument is dishonored when:
(a) A necessary or optional presentment is duly made and due acceptance or payment is refused or cannot be obtained within the prescribed time or in case of bank collec tions the instrument is seasonably returned by the midnight deadline (Code Section 11-4-301); or (b) Presentment is excused and the instrument is not duly accepted or paid. (2) Subject to any necessary notice of dishonor and protest, the holder has upon dis honor an immediate right of recourse against the drawers and indorsers. (3) Return of an instrument for lack of proper indorsement is not dishonor. (4) A term in a draft or an indorsement thereof allowing a stated time for re-presentment in the event of any dishonor of the draft by nonacceptance if a time draft or by nonpayment if a sight draft gives the holder as against any secondary party bound by the term an option to waive the dishonor without affecting the liability of the secondary party and he may present again up to the end of the stated time.
11-3-508. Notice of dishonor. (1) Notice of dishonor may be given to any person who may be liable on the instrument by or on behalf of the holder or any party who has himself received notice, or any other party who can be compelled to pay the instrument. In addition an agent or bank in whose hands the instrument is dishonored may give notice to his principal or customer or to another agent or bank from which the instrument was received. (2) Any necessary notice must be given by a bank before its midnight deadline and by any other person before midnight of the third business day after dishonor or receipt of notice of dishonor. (3) Notice may be given in any reasonable manner. It may be oral or written and in any terms which identify the instrument and state that it has been dishonored. A misdescription which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket, or writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient. Upon request of any party to the instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dishonor, and the drawee shall have no additional liability to the drawer as a result of such statement. (4) Written notice is given when sent although it is not received. (5) Notice to one partner is notice to each although the firm has been dissolved. (6) When any party is in insolvency proceedings instituted after the issue of the instru ment notice may be given either to the party or to the representative of his estate. (7) When any party is dead or incompetent notice may be sent to his last known address or given to his personal representative. (8) Notice operates for the benefit of all parties who have rights on the instrument against the party notified.
11-3-509. Protest; noting for protest. (1) A protest is a certificate of dishonor made under the hand and seal of a United States consul or vice consul or a notary public or other person authorized to certify dis honor by the law of the place where dishonor occurs. It may be made upon information satisfactory to such person. (2) The protest must identify the instrument and certify either that due presentment has been made or the reason why it is excused and that the instrument has been dishon ored by nonacceptance or nonpayment. (3) The protest may also certify that notice of dishonor has been given to all parties or to specified parties. (4) Subject to subsection (5) of this Code section any necessary protest is due by the time that notice of dishonor is due.

THURSDAY, FEBRUARY 15, 1996

993

(5) If, before protest is due, an instrument has been noted for protest by the officer to make protest, the protest may be made at any time thereafter as of the date of the not ing.
11-3-510. Evidence of dishonor and notice of dishonor. The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor therein shown:
(a) A document regular in form as provided in Code Section 11-3-509 which purports to be a protest; (b) The purported stamp or writing of the drawee, payer bank, or presenting bank on the instrument or accompanying it stating that acceptance or payment has been refused for reasons consistent with dishonor; (c) Any book or record of the drawee, payor bank, or any collecting bank kept in the usual course of business which shows dishonor, even though there is no evidence of who made the entry.
11-3-511. Waived or excused presentment, protest, or notice of dishonor or delay therein. (1) Delay in presentment, protest, or notice of dishonor is excused when the party is without notice that it is due or when the delay is caused by circumstances beyond his control and he exercises reasonable diligence after the cause of the delay ceases to oper ate. (2) Presentment or notice or protest as the case may be is entirely excused when:
(a) The party to be charged has waived it expressly or by implication either before or after it is due; or (b) Such party has himself dishonored the instrument or has countermanded payment or otherwise has no reason to expect or right to require that the instrument be accepted or paid; or (c) By reasonable diligence the presentment or protest cannot be made or the notice given. (3) Presentment is also entirely excused when: (a) The maker, acceptor, or drawee of any instrument except a documentary draft is dead or in insolvency proceedings instituted after the issue of the instrument; or (b) Acceptance or payment is refused but not for want of proper presentment. (4) Where a draft has been dishonored by nonacceptance a later presentment for pay ment and any notice of dishonor and protest for nonpayment are excused unless in the meantime the instrument has been accepted. (5) A waiver of protest is also a waiver of presentment and of notice of dishonor even though protest is not required. (6) Where a waiver of presentment or notice or protest is embodied in the instrument itself it is binding upon all parties; but where it is written above the signature of an indorser it binds him only.
PART 6 DISCHARGE
11-3-601. Discharge of parties. (1) The extent of the discharge of any party from liability on an instrument is governed by the Code sections on:
(a) Payment or satisfaction (Code Section 11-3-603); or (b) Tender of payment (Code Section 11-3-604); or (c) Cancellation or renunciation (Code Section 11-3-605); or (d) Impairment of right of recourse or of collateral (Code Section 11-3-606); or (e) Reacquisition of the instrument by a prior party (Code Section 11-3-208); or (f) Fraudulent and material alteration (Code Section 11-3-407); or (g) Certification of a check (Code Section 11-3-411); or (h) Acceptance varying a draft (Code Section 11-3-412); or (i) Unexcused delay in presentment or notice of dishonor or protest (Code Section 11-3-502).

994

JOURNAL OF THE HOUSE,

(2) Any party is also discharged from his liability on an instrument to another party by any other act or agreement with such party which would discharge his simple contract for the payment of money. (3) The liability of all parties is discharged when any party who has himself no right of action or recourse on the instrument:
(a) Reacquires the instrument in his own right; or (b) Is discharged under any provision of this article, except as otherwise provided with respect to discharge for impairment of recourse or of collateral (Code Section 11-3-606).
11-3-602. Effect of discharge against holder in due course. No discharge of any party provided by this article is effective against a subsequent holder in due course unless he has notice thereof when he takes the instrument.
11-3-603. Payment or satisfaction. (1) The liability of any party is discharged to the extent of his payment or satisfaction to the holder even though it is made with knowledge of a claim of another person to the instrument unless prior to such payment or satisfaction the person making the claim either supplies indemnity deemed adequate by the party seeking the discharge or enjoins payment or satisfaction by order of a court of competent jurisdiction in an action in which the adverse claimant and the holder are parties. This subsection does not, how ever, result in the discharge of the liability:
(a) Of a party who in bad faith pays or satisfies a holder who acquired the instrument by theft or who (unless having the rights of a holder in due course) holds through one who so acquired it; or (b) Of a party (other than an intermediary bank or a payer bank which is not a depositary bank) who pays or satisfies the holder of an instrument which has been restrictively indorsed in a manner not consistent with the terms of such restrictive indorsement. (2) Payment or satisfaction may be made with the consent of the holder by any person including a stranger to the instrument. Surrender of the instrument to such a person gives him the rights of a transferee (Code Section 11-3-201). (3) Notwithstanding any other provisions of this article, with respect to a note which is a negotiable instrument within the meaning of this article and which is to be paid off in installment payments or in more than one payment, the maker or drawer is autho rized to pay the assignor until the assignee or its authorized agent sends a registered or certified letter to the maker or drawer at his last known address notifying him that the amount due or to become due has been assigned and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the drawer or maker, the assignee must furnish reasonable proof that the assignment has been made and unless he does so the maker or drawer may pay the assignor.
11-3-604. Tender of payment. (1) Any party making tender of full payment to a holder when or after it is due is dis charged to the extent of all subsequent liability for interest, costs, and attorney's fees. (2) The holder's refusal of such tender wholly discharges any party who has a right of recourse against the party making the tender. (3) Where the maker or acceptor of an instrument payable otherwise than on demand is able and ready to pay at every place of payment specified in the instrument when it is due, it is equivalent to tender.
11-3-605. Cancellation and renunciation. (1) The holder of an instrument may even without consideration discharge any party:
(a) In any manner apparent on the face of the instrument or the indorsement, as by intentionally cancelling the instrument or the party's signature by destruction or muti lation, or by striking out the party's signature; or (b) By renouncing his rights by a writing signed and delivered or by surrender of the instrument to the party to be discharged.

THURSDAY, FEBRUARY 15, 1996

995

(2) Neither cancellation nor renunciation without surrender of the instrument affects the title thereto.
11-3-606. Impairment of recourse or of collateral. (1) The holder discharges any party to the instrument to the extent that without such party's consent the holder:
(a) Without express reservation of rights releases or agrees not to sue any person against whom the party has to the knowledge of the holder a right of recourse or agrees to suspend the right to enforce against such person the instrument or collateral or otherwise discharges such person, except that failure or delay in effecting any required presentment, protest, or notice of dishonor with respect to any such person does not discharge any party as to whom presentment, protest, or notice of dishonor is effective or unnecessary; or (b) Unjustifiably impairs any collateral for the instrument given by or on behalf of the party or any person against whom he has a right of recourse. (2) By express reservation of rights against a party with a right of recourse the holder preserves: (a) All his rights against such party as of the time when the instrument was originally due; and (b) The right of the party to pay the instrument as of that time; and (c) All rights of such party to recourse against others.
PART? ADVICE OF INTERNATIONAL SIGHT DRAFT
11-3-701. Letter of advice of international sight draft. (1) A 'letter of advice' is a drawer's communication to the drawee that a described draft has been drawn. (2) Unless otherwise agreed when a bank receives from another bank a letter of advice of an international sight draft the drawee bank may immediately debit the drawer's account and stop the running of interest pro tanto. Such a debit and any resulting credit to any account covering outstanding drafts leaves in the drawer full power to stop pay ment or otherwise dispose of the amount and creates no trust or interest in favor of the holder. (3) Unless otherwise agreed and except where a draft is drawn under a credit issued by the drawee, the drawee of an international sight draft owes the drawer no duty to pay an unadvised draft, but if it does so and the draft is genuine, may appropriately debit the drawer's account.
PARTS MISCELLANEOUS
11-3-801. Drafts in a set. (1) Where a draft is drawn in a set of parts, each of which is numbered and expressed to be an order only if no other part has been honored, the whole of the parts constitutes one draft but a taker of any part may become a holder in due course of the draft. (2) Any person who negotiates, indorses, or accepts a single part of a draft drawn in a set thereby becomes liable to any holder in due course of that part as if it were the whole set, but as between different holders in due course to whom different parts have been negotiated the holder whose title first accrues has all rights to the draft and its proceeds. (3) As against the drawee the first presented part of a draft drawn in a set is the part entitled to payment, or if a time draft to acceptance and payment. Acceptance of any subsequently presented part renders the drawee liable thereon under subsection (2) of this Code section. With respect both to a holder and to the drawer payment of a subse quently presented part of a draft payable at sight has the same effect as payment of a check notwithstanding an effective stop order (Code Section 11-4-407). (4) Except as otherwise provided in this Code section, where any part of a draft in a set is discharged by payment or otherwise the whole draft is discharged.

996

JOURNAL OF THE HOUSE,

11-3-802. Effect of instrument on obligation for which it is given. (1) Unless otherwise agreed where an instrument is taken for an underlying obligation:
(a) The obligation is pro tanto discharged if a bank is drawer, maker, or acceptor of the instrument and there is no recourse on the instrument against the underlying obli gor; and (b) In any other case the obligation is suspended pro tanto until the instrument is due or if it is payable on demand until its presentment. If the instrument is dishonored action may be maintained on either the instrument or the obligation; discharge of the underlying obligor on the instrument also discharges him on the obligation. (2) The taking in good faith of a check which is not postdated does not of itself so extend the time on the original obligation as to discharge a surety.
11-3-803. Notice to third party. Where a defendant is sued for breach of an obligation for which a third person is answerable over under this article he may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over to him under this article. If the notice states that the person notified may come in and defend and that if the person notified does not do so he will in any action against him by the person giving the notice be bound by any determination of fact common to the two litigations, then unless after seasonable receipt of the notice the person notified does come in and defend he is so bound.
11-3-804. Lost, destroyed, or stolen instruments. The owner of an instrument which is lost, whether by destruction, theft, or otherwise, may maintain an action in his own name and recover from any party liable thereon upon due proof of his ownership, the facts which prevent his production of the instrument and its terms. The court may require security indemnifying the defendant against loss by reason of further claims on the instrument.
11-3-805. Instruments not payable to order or to bearer. This article applies to any instrument whose terms do not preclude transfer and which is otherwise negotiable within this article but which is not payable to order or to bearer, except that there can be no holder in due course of such an instrument.", and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3 NEGOTIABLE INSTRUMENTS
PARTI GENERAL PROVISIONS AND DEFINITIONS
11-3-101. Short title. This article may be cited as 'Uniform Commercial Code -- Negotiable Instruments.'
11-3-102. Subject matter. (a) This article applies to negotiable instruments. It does not apply to money, to pay ment orders governed by Article 4A of this title, or to securities governed by Article 8 of this title. (b) If there is conflict between this article and Article 4 or 9 of this title, Articles 4 and 9 of this title govern. (c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this arti cle to the extent of the inconsistency.
11-3-103. Definitions, (a) In this article:
(1) 'Acceptor' means a drawee who has accepted a draft. (2) 'Drawee' means a person ordered in a draft to make payment. (3) 'Drawer' means a person who signs or is identified in a draft as a person ordering payment.

THURSDAY, FEBRUARY 15, 1996

997

(4) 'Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (5) 'Maker' means a person who signs or is identified in a note as a person undertak ing to pay. (6) 'Order' means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giv ing the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay. (7) 'Ordinary care' in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this article or Article 4 of this title. (8) 'Party' means a party to an instrument. (9) 'Promise' means a written undertaking to pay money signed by the person under taking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation. (10) 'Prove' with respect to a fact means to meet the burden of establishing the fact as 'burden of establishing' is defined in subsection (8) of Code Section 11-1-201. (11) 'Remitter' means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser, (b) Other definitions applying to this article and the Code sections in which they appear are: 'Acceptance.' Code Section 11-3-409. 'Accommodated party.' Code Section 11-3-419. 'Accommodation party.' Code Section 11-3-419. 'Alteration.' Code Section 11-3-407. 'Anomalous indorsement.' Code Section 11-3-205. 'Blank indorsement.' Code Section 11-3-205. 'Cashier's check.' Code Section 11-3-104. 'Certificate of deposit.' Code Section 11-3-104. 'Certified check.' Code Section 11-3-409. 'Check.' Code Section 11-3-104. 'Consideration.' Code Section 11-3-303. 'Draft.' Code Section 11-3-104. 'Holder in due course.' Code Section 11-3-302. 'Incomplete instrument.' Code Section 11-3-115. 'Indorsement.' Code Section 11-3-204. 'Indorser.' Code Section 11-3-204. 'Instrument.' Code Section 11-3-104. 'Issue.' Code Section 11-3-105. 'Issuer.' Code Section 11-3-105. 'Negotiable instrument.' Code Section 11-3-104. 'Negotiation.' Code Section 11-3-201. 'Note.' Code Section 11-3-104. 'Payable at a
definite time.' Code Section 11-3-108. 'Payable on demand.' Code Section 11-3-108.
'Payable to bearer.' Code Section 11-3-109.
'Payable to order.' Code Section 11-3-109.
'Payment.' Code Section 11-3-602.
'Person entitled
to enforce.' Code Section 11-3-301.

998

JOURNAL OF THE HOUSE,

'Presentment.' Code Section 11-3-501. 'Reacquisition.' Code Section 11-3-207. 'Special indorsement.' Code Section 11-3-205. 'Teller's check.' Code Section 11-3-104. 'Transfer of instrument.' Code Section 11-3-203. 'Traveler's check.' Code Section 11-3-104. 'Value.' Code Section 11-3-303. (c) The following definitions in other articles apply to this article: 'Bank.' Code Section 11-4-105. 'Banking day.' Code Section 11-4-104. 'Clearing house.' Code Section 11-4-104. 'Collecting bank.' Code Section 11-4-105. 'Depositary bank.' Code Section 11-4-105. 'Documentary draft.' Code Section 11-4-104. 'Intermediary bank.' Code Section 11-4-105. 'Item.' Code Section 11-4-104. 'Payer bank.' Code Section 11-4-105. 'Suspends payments.' Code Section 11-4-104. (d) In addition, Article 1 of this title contains general definitions and principles of con struction and interpretation applicable throughout this article.
11-3-104. Negotiable instrument. (a) Except as provided in subsections (c) and (d) of this Code section, 'negotiable instrument' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:
(1) Is payable to bearer or to order at the time it is issued or first comes into posses sion of a holder; (2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain:
(i) An undertaking or power to give, maintain, or protect collateral to secure pay ment, (ii) An authorization or power to the holder to confess judgment or realize on or
dispose of collateral, or (iii) A waiver of the benefit of any law intended for the advantage or protection of an obligor. (b) 'Instrument' means a negotiable instrument. (c) An order that meets all of the requirements of subsection (a) of this Code section, except paragraph (1) of subsection (a) of this Code section, and otherwise falls within the definition of 'check' in subsection (f) of this Code section is a negotiable instrument and a check. (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this article. (e) An instrument is a 'note' if it is a promise and is a 'draft' if it is an order. If an instrument falls within the definition of both 'note' and 'draft,' a person entitled to enforce the instrument may treat it as either. (f) 'Check' means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank; or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as 'money order.' (g) 'Cashier's check' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank. (h) 'Teller's check' means a draft drawn by a bank (i) on another bank; or (ii) payable at or through a bank. (i) 'Traveler's check' means an instrument that (i) is payable on demand; (ii) is drawn on or payable at or through a bank; (iii) is designated by the term 'traveler's check' or

THURSDAY, FEBRUARY 15, 1996

999

by a substantially similar term; and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument, (j) 'Certificate of deposit' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.
11-3-105. Issue of instrument. (a) 'Issue' means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any per son. (b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense. (c) 'Issuer' applies to issued and unissued instruments and means a maker or drawer of an instrument.
11-3-106. Unconditional promise or order. (a) Except as provided in this Code section, for the purposes of subsection (a.) of Code Section 11-3-104, a promise or order is unconditional unless it states (i) an express con dition to payment; (ii) that the promise or order is subject to or governed by another writing; or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional. (b) A promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration; or (ii) because payment is limited to resort to a particular fund or source. (c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of subsection (a) of Code Section 11-3-104. If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument. (d) If a promise or order at the time it is issued or first conies into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of subsection (a) of Code Section 11-3-104; but, if the promise or order is an instrument, there cannot be a holder in due course of the instru ment.
11-3-107. Instrument payable in foreign money. Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dol lars calculated by using the current bank offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.
11-3-108. Payable on demand or at definite time. (a) A promise or order is 'payable on demand' if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder; or (ii) does not state any time of payment. (b) A promise or order is 'payable at a definite time' if it is payable upon the elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment; (ii) acceleration; (iii) extension at the option of the holder; or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.

1000

JOURNAL OF THE HOUSE,

(c) If an instrument payable, at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.
11-3-109. Payable to bearer or to order. (a) A promise or order is payable to bearer if it:
(1) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment; (2) Does not state a payee; or (3) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person. (b) A promise or order that is not payable to bearer is payable to order if it is payable to (i) the order of an identified person; or (ii) an identified person or order. A promise or order that is payable to order is payable to the identified person. (c) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to subsection (a) of Code Section 11-3-205. An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to subsection (b) of Code Section 11-3-205.
11-3-110. Identification of person to whom instrument is payable. (a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers. (b) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not autho rized to do so. (c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:
(1) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number. (2) If an instrument is payable to:
(i) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named; (ii) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative; (iii) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or (iv) An office or to a person described as holding an office, the instrument is pay able to the named person, the incumbent of the office, or a successor to the incum bent. (d) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in posses sion of the instrument. If an instrument is payable to two or more persons not alterna tively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to

THURSDAY, FEBRUARY 15, 1996

1001

whether it is payable to the persons alternatively, the instrument is payable to the per sons alternatively.
11-3-111. Place of payment. Except as otherwise provided for items in Article 4 of this title, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.
11-3-112. Interest. (a) Unless otherwise provided in the instrument (i) an instrument is not payable with interest; and (ii) interest on an interest-bearing instrument is payable from the date of the instrument. (b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.
11-3-113. Date of instrument. (a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in subsection (c) of Code Section 11-4-401, an instrument payable on demand is not pay able before the date of the instrument. (b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.
11-3-114. Contradictory terms of instrument. If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.
11-3-115. Incomplete instrument. (a) 'Incomplete instrument' means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers. (b) Subject to subsection (c) of this Code section, if an incomplete instrument is an instrument under Code Section 11-3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incom plete instrument is not an instrument under Code Section 11-3-104, but, after comple tion, the requirements of Code Section 11-3-104 are met, the instrument may be enforced according to its terms as augmented by completion. (c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under Code Section 11-3-407. (d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of author ity.
11-3-116. Joint and several liability; contribution. (a) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign. (b) Except as provided in subsection (e) of Code Section 11-3-419 or by agreement of the affected parties, a party having joint and several liability who pays the instrument

1002

JOURNAL OF THE HOUSE,

is entitled to receive from any party having the same joint and several liability contribu tion in accordance with applicable law. (c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of this Code sec tion of a party having the same joint and several liability to receive contribution from the party discharged.
11-3-117. Other agreements affecting instrument. Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.
11-3-118. Statute of limitations. (a) Except as provided in subsection (e) of this Code section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. (b) Except as provided in subsection (d) or (e) of this Code section, if demand for pay ment is made to the maker of a note payable on demand, an action to enforce the obli gation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years. (c) Except as provided in subsection (d) of this Code section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first. (d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be. (e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed. (f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced within (i) six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time; or (ii) six years after the date of the acceptance if the obligation of the acceptor is payable on demand. (g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion; (ii) for breach of warranty; or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this Code section, must be com menced within three years after the cause of action accrues. (h) This Code section does not apply to sealed instruments, which are governed by the provisions of Code Section 9-3-23.
11-3-119. Notice of right to defend action. In an action for breach of an obligation for which a third person is answerable over pur suant to this article or Article 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that (i) the person notified may come in and defend; and (ii) failure to do so will bind the person notified in an

THURSDAY, FEBRUARY 15, 1996

1003

action later brought by the person giving the notice as to any determination of fact com mon to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
PART 2 NEGOTIATION, TRANSFER, AND INDORSEMENT
11-3-201. Negotiation. (a) 'Negotiation' means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder. (b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
11-3-202. Negotiation subject to rescission. (a) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity; (ii) by fraud, duress, or mistake; or (iii) in breach of duty or as part of an illegal transaction. (b) To the extent permitted by other law, negotiation may be rescinded or may be sub ject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowl edge of facts that are a basis for rescission or other remedy.
11-3-203. Transfer of instrument; rights acquired by transfer. (a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instru ment. (b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire the rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. (c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the trans feree has a specifically enforceable right to the unqualified indorsement of the trans feror, but negotiation of the instrument does not occur until the indorsement is made. (d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this article and has only the rights of a partial assignee.
11-3-204. Indorsement. (a) 'Indorsement' means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument; (ii) restricting payment of the instrument; or (iii) incurring indorser's liability on the instrument; but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompany ing words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorse ment. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument. (b) 'Indorser' means a person who makes an indorsement. (c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument. (d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument

1004

JOURNAL OF THE HOUSE,

or in the holder's name or both, but signature in both names may be required by a per son paying or taking the instrument for value or collection.
11-3-205. Special indorsement; blank indorsement; anomalous indorsement. (a) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a 'special indorsement.' When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in Code Section 11-3-110 apply to special indorsements. (b) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a 'blank indorsement.' When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed. (c) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable. (d) 'Anomalous indorsement' means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.
11-3-206. Restrictive indorsement. (a) An indorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument. (b) An indorsement stating a condition to the right of the indorsee to receive payment does not affect the right of the indorsee to enforce the instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled. (c) If an instrument bears an indorsement which is described in subsection (b) of Code Section 11-4-201, an indorsement in blank, or an indorsement to a particular bank using the words 'for deposit,' 'for collection,' or other words indicating a purpose of having the instrument collected by a bank for the indorser or for a particular account, the following rules apply:
(1) A person, other than a bank, who purchases the instrument when so indorsed con verts the instrument unless the amount paid for the instrument is received by the indorser or applied consistently with the indorsement; (2) A depositary bank that purchases the instrument or takes it for collection when so indorsed converts the instrument unless the amount paid by the bank with respect to the instrument is received by the indorser or applied consistently with the indorse ment; (3) A payor bank that is also the depositary bank or that takes the instrument for immediate payment over the counter from a person other than a collecting bank con verts the instrument unless the proceeds of the instrument are received by the indorser or applied consistently with the indorsement; and (4) Except as otherwise provided in paragraph (3) of this subsection, a payor bank or intermediary bank may disregard the indorsement and is not liable if the proceeds of the instrument are not received by the indorser or applied consistently with the indorsement. (d) Except for an indorsement covered by subsection (c) of this Code section, if an instrument bears an indorsement using words to the effect that payment is to be made to the indorsee as agent, trustee, or other fiduciary for the benefit of the indorser or another person, the following rules apply: (1) Unless there is notice of breach of fiduciary duty as provided in Code Section 11-3-307, a person who purchases the instrument from the indorsee or takes the instrument from the indorsee for collection or payment may pay the proceeds of pay ment or the value given for the instrument to the indorsee without regard to whether the indorsee violates a fiduciary duty to the indorser; and

THURSDAY, FEBRUARY 15, 1996

1005

(2) A subsequent transferee of the instrument or person who pays the instrument is neither given notice nor otherwise affected by the restriction in the indorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty. (e) The presence on an instrument of an indorsement to which this Code section applies does not prevent a purchaser of the instrument from becoming a holder in due course of the instrument unless the purchaser is a converter under subsection (c) of this Code section or has notice or knowledge of breach of fiduciary duty as stated in subsection (d) of this Code section. (f) In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an indorsement to which this Code section applies and the payment is not permitted by this Code section.
11-3-207. Reacquisition. Reacquisition of an instrument occurs if it is transferred to a former holder, by negotia tion or otherwise. A former holder who reacquires the instrument may cancel indorse ments made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder.
PARTS ENFORCEMENT OF INSTRUMENTS
11-3-301. Person entitled to enforce instrument. 'Person entitled to enforce' an instrument means (i) the holder of the instrument; (ii) a nonholder in possession of the instrument who has the rights of a holder; or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Code Section 11-3-309 or subsection (d) of Code Section 11-3-418. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
11-3-302. Holder in due course. (a) Subject to subsection (c) of this Code section and subsection (d) of Code Section 11-3-106, 'holder in due course' means the holder of an instrument if:
(1) The instrument when issued or negotiated to the holder does not bear such appar ent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and (2) The holder took the instrument:
(i) For value; (ii) In good faith; (iii) Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series; (iv) Without notice that the instrument contains an unauthorized signature or has been altered; (v) Without notice of any claim to the instrument described in Code Section 11-3-306; and (vi) Without notice that any party has a defense or claim in recoupment described in subsection (a) of Code Section 11-3-305. (b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a) of this Code section, but discharge is effec tive against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument. (c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instru ment taken (i) by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding; (ii) by purchase as part of a bulk transaction not in ordinary

1006

JOURNAL OF THE HOUSE,

course of business of the transferor; or (iii) as the successor in interest to an estate or other organization. (d) If, under paragraph (1) of subsection (a) of Code Section 11-3-303, the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the frac tion of the amount payable under the instrument equal to the value of the partial per formance divided by the value of the promised performance. (e) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoup ment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obli gation secured. (f) To be effective, notice must be received at a time and in a manner that gives a rea sonable opportunity to act on it. (g) This Code section is subject to any law limiting status as a holder in due course in particular classes of transactions.
11-3-303. Value and consideration. (a) An instrument is issued or transferred for value if:
(1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed; (2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding; (3) The instrument is issued or transferred as payment of, or as security for, an ante cedent claim against any person, whether or not the claim is due; (4) The instrument is issued or transferred in exchange for a negotiable instrument; or (5) The instrument is issued or transferred in exchange for the incurring of an irrevo cable obligation to a third party by the person taking the instrument. (b) 'Consideration' means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without con sideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a) of this Code section, the instrument is also issued for consideration.
11-3-304. Overdue instrument. (a) An instrument payable on demand becomes overdue at the earliest of the following times:
(1) On the day after the day demand for payment is duly made; (2) If the instrument is a check, 90 days after its date; or (3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade. (b) With respect to an instrument payable at a definite time the following rules apply: (1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured; (2) If the principal is not payable in installments and the due date has not been accel erated, the instrument becomes overdue on the day after the due date; or (3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date. (c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.
11-3-305. Defenses and claims in recoupment.

THURSDAY, FEBRUARY 15, 1996

1007

(a) Except as stated in subsection (b) of this Code section, the right to enforce the obli gation of a party to pay an instrument is subject to the following:
(1) A defense of the obligor based on: (i) Infancy of the obligor to the extent it is a defense to a simple contract; (ii) Duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor;, (iii) Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms; or (iv) Discharge of the obligor in insolvency proceedings;
(2) A defense of the obligor stated in another section of this article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and (3) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought. (b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in paragraph (1) of subsection (a) of this Code section, but is not subject to defenses of the obligor stated in paragraph (2) of subsection (a) of this Code section or claims in recoupment stated in paragraph (3) of subsection (a) of this Code section against a person other than the holder. (c) Except as stated in subsection (d) of this Code section, in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the per son entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument of another person pursuant to Code Section 11-3-306, but the other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is, a lost or stolen instrument. (d) In an action to enforce the obligation of an accommodation party to pay an instru ment, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (a) of this Code section that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity.
11-3-306. Claims to an instrument. A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.
11-3-307. Notice of breach of fiduciary duty. (a) In this Code section:
(1) 'Fiduciary' means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument; and (2) 'Represented person' means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) of subsection (a) of this Code section is owed. (b) If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply: (1) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person; and

1008

JOURNAL OF THE HOUSE,

(2) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is:
(i) Taken in payment of or as security for a debt known by the taker to be the per sonal debt of the fiduciary; (ii) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or (iii) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person; (3) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty; and (4) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instru ment is: (i) Taken in payment of or as security for a debt known by the taker to be the per sonal debt of the fiduciary; (ii) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or (iii) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.
11-3-308. Proof of signatures and status as holder in due course. (a) In an action with respect to an instrument, the authenticity of and authority to make each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of estab lishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instru ment, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under subsection (a) of Code Section 11-3-402. (b) If the validity of signatures is admitted or proved and there is compliance with sub section (a) of this Code section, a plaintiff producing the instrument is entitled to pay ment if the plaintiff proves entitlement to enforce the instrument under Code Section 11-3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.
11-3-309. Enforcement of lost, destroyed, or stolen instrument. (a) A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred; (ii) the loss of possession was not the result of a transfer by the person or a lawful seizure; and (iii) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be deter mined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process. (b) A person seeking enforcement of an instrument under subsection (a) of this Code section must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, Code Section 11-3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
11-3-310. Effect of instrument on obligation for which taken.

THURSDAY, FEBRUARY 15, 1996

1009

(a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in pay ment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument. (b) Unless otherwise agreed and except as provided in subsection (a) of this Code sec tion, if a note or an uncertified check is taken for an obligation, the obligation is sus pended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:
(1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check; (2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment; (3) Except as provided in paragraph (4) of this subsection, if the check or note is dis honored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instru ment or the obligation. In the case of an instrument of a third person which is negoti ated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation; and (4) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obliga tion may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument. (c) If an instrument other than one described in subsection (a) or (b) of this Code sec tion is taken for an obligation, the effect is (i) that stated in subsection (a) of this Code section if the instrument is one on which a bank is liable as maker or acceptor; or (ii) that stated in subsection (b) of this Code section in any other case.
11-3-311. Accord and satisfaction by use of instrument. (a) If a person against whom a claim is asserted proves that (i) such person in good faith tendered an instrument to the claimant as full satisfaction of the claim; (ii) the amount of the claim was unliquidated or subject to a bona fide dispute; and (iii) the claimant obtained payment of the instrument, then subsections (b), (c), and (d) of this Code section shall apply. (b) Unless subsection (c) of this Code section applies, the claim is discharged if the per son against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instru ment was tendered as full satisfaction of the claim.
(c) Subject to subsection (d) of this Code section, a claim is not discharged under sub section (b) of this Code section if either of the following applies:
(1) The claimant, if an organization, proves that:
(i) Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and (ii) The instrument or accompanying communication was not received by that des ignated person, office, or place; or
(2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (i) of paragraph (1) of this subsection.

1010

JOURNAL OF THE HOUSE,

(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant or an agent of the claimant having direct responsibility with respect to the disputed obligation knew that the instrument was tendered in full satisfaction of the claim.
11-3-312. Lost, destroyed, or stolen cashier's check, teller's check, or certified check. (a) In this Code section:
(1) 'Check' means a cashier's check, teller's check, or certified check; (2) 'Claimant' means a person who claims the right to receive the amount of a cashier's check, teller's check, or certified check that was lost, destroyed, or stolen; (3) 'Declaration of loss' means a written statement, made under penalty of perjury, to the effect that:
(i) The declarer lost possession of a check; (ii) The declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier's check or teller's check; (iii) The loss of possession was not the result of a transfer by the declarer or a law ful seizure; and (iv) The declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amena ble to service of process; and (4) 'Obligated bank' means the issuer of a cashier's check or teller's check or the acceptor of a certified check. (b) A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if the claimant is the drawer or payee of a certified check or the remitter or payee of a cashier's check or teller's check, the communication con tains or is accompanied by a declaration of loss of the claimant with respect to the check, the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid, and the claimant provides reason able identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply: (1) The claim becomes enforceable at the later of: (i) The time the claim is asserted; (ii) The 90th day following the date of the check in the case of a cashier's check or teller's check; or (iii) The 90th day following the date of the acceptance in the case of a certified check; (2) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller's check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check; (3) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check; and (4) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to paragraph (1) of subsection (a) of Code Section 11-4-302, payment to the claimant discharges all liability of the obli gated bank with respect to the check. (c) If the obligated bank pays the amount of a check to a claimant under paragraph (4) of subsection (b) of this Code section and the check is presented for payment by a per son having rights of a holder in due course, the claimant is obliged to (i) refund the pay ment to the obligated bank if the check is paid; or (ii) pay the amount of the check to the person having rights of a holder in due course if the check is dishonored. (d) If a claimant has the right to assert a claim under subsection (b) of this Code sec tion and is also a person entitled to enforce a cashier's check, teller's check, or certified

THURSDAY, FEBRUARY 15, 1996

1011

check which is lost, destroyed, or stolen, the claimant may assert rights with respect to the check either under this Code section or Code Section 11-3-309.
PART 4 LIABILITY OF PARTIES
11-3-401. Signature. (a) A person is not liable on an instrument unless (i) the person signed the instrument; or (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under Code Section 11-3-402. (b) A signature may be made (i) manually or by means of a device or machine; and (ii) by the use of any name, including a trade or assumed name or by a word, mark, or sym bol executed or adopted by a person with present intention to authenticate a writing.
11-3-402. Signature by representative. (a) If a person acting or purporting to act as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the repre sented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the 'authorized signature of the repre sented person' and the represented person is liable on the instrument, whether or not identified in the instrument. (b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:
(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representa tive is not liable on the instrument; and (2) Subject to subsection (c) of this Code section, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representa tive proves that the original parties did not intend the representative to be liable on the instrument. (c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
11-3-403. Unauthorized signature. (a) Unless otherwise provided in this article or Article 4 of this title, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized sig nature may be ratified for all purposes of this article. (b) If the signature of more than one person is required to constitute the authorized sig nature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking. (c) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this article which makes the unauthorized signature effective for the purposes of this article.
11-3-404. Impostors; fictitious payees. (a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impos tor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

1012

JOURNAL OF THE HOUSE,

(b) If a person whose intent determines to whom an instrument is payable in accordance with subsection (a) or (b) of Code Section 11-3-110 does not intend the person identified as payee to have any interest in the instrument or the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negoti ated by special indorsement:
(1) Any person in possession of the instrument is its holder; and (2) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. (c) Under subsection (a) or (b) of this Code section, an indorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee; or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee. (d) With respect to an instrument to which subsection (a) or (b) of this Code section applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substan tially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
11-3-405. Employer's responsibility for fraudulent indorsement by employee. (a) In this Code section:
(1) 'Employee' includes an independent contractor and an employee of an indepen dent contractor retained by the employer; (2) 'Fraudulent indorsement' means:
(i) In the case of an instrument payable to the employer, a forged indorsement pur porting to be that of the employer; or (ii) In the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee; and (3) 'Responsibility' with respect to instruments means authority to: (i) Sign or indorse instruments on behalf of the employer; (ii) Process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition; (iii) Prepare or process instruments for issue in the name of the employer; (iv) Supply information determining the names or addresses of payees of instru ments to be issued in the name of the employer; (v) Control the disposition of instruments to be issued in the name of the employer; or (vi) Act otherwise with respect to instruments in a responsible capacity. 'Responsibility' does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail or similar access. (b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
(c) Under subsection (b) of this Code section, an indorsement is made in the name of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person; or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.

THURSDAY, FEBRUARY 15, 1996

1013

11-3-406. Negligence contributing to forged signature or alteration of instrument. (a) A person whose failure to exercise ordinary care substantially contributes to an alter ation of an instrument or to the making of a forged signature on an instrument is pre cluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection. (b) Under subsection (a) of this Code section, if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substan tially contributes to loss, the loss is allocated between the person precluded and the per son asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss. (c) Under subsection (a) of this Code section, the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (b) of this Code section, the burden of proving failure to exercise ordinary care is on the person precluded.
11-3-407. Alteration. (a) 'Alteration' means (i) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party; or (ii) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party. (b) Except as provided in subsection (c) of this Code section, an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms. (c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (i) according to its original terms; or (ii) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.
11-3-408. Drawee not liable on unaccepted draft. A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.
11-3-409. Acceptance of draft; certified check. (a) 'Acceptance' means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee's signature alone. Accept ance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person. (b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored. (c) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith. (d) 'Certified check' means a check accepted by the bank on which it is drawn. Accept ance may be made as stated in subsection (a) of this Code section or by a writing on the check which indicates that the check is certified. The drawee of a check has no obli gation to certify the check, and refusal to certify is not dishonor of the check.
11-3-410. Acceptance varying draft. (a) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance. (b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place. (c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is dis charged.

1014

JOURNAL OF THE HOUSE,

11-3-411. Refusal to pay cashier's checks, teller's checks, and certified checks. (a) In this Code section, 'obligated bank' means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check; (ii) stops payment of a teller's check; or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover conse quential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages. (c) Expenses or consequential damages under subsection (b) of this Code section are not recoverable if the refusal of the obligated bank to pay occurs because (i) the bank sus pends payments; (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument; (iii) the obligated bank has a reasonable doubt whether the person demand ing payment is the person entitled to enforce the instrument; or (iv) payment is prohib ited by law.
11-3-412. Obligation of issuer of note or cashier's check. The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if the instrument was not issued, at the time it first came into the possession of a holder; or (ii) if the issuer signed an incomplete instrument, according to the instrument's terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obli gation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under Code Section 11-3-415.
11-3-413. Obligation of acceptor. (a) The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable 'as originally drawn' or equivalent terms; (ii) if the acceptance varies the terms of the draft, according to the terms of the draft as varied; or (iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under Code Section 11-3-414 or 11-3-415. (b) If the certification of a check or other acceptance of a draft states the amount certi fied or accepted, the obligation of the acceptor is that amount. If the certification or acceptance does not state an amount, the amount of the instrument is subsequently raised, and the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.
11-3-414. Obligation of drawer. (a) This Code section does not apply to cashier's checks or other drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if the instrument was not issued, at the time it first came into possession of a holder; or (ii) if the drawer signed an incom plete instrument, according to the instrument's terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person enti tled to enforce the draft or to an indorser who paid the draft under Code Section 11-3-415. (c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained. (d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under subsections (a) and (c) of Code Section 11-3-415. (e) If a draft states that it is drawn 'without recourse' or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) of this Code

THURSDAY, FEBRUARY 15, 1996

1015

section to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) of this Code section is not effective if the draft is a check, (f) If a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, the drawee suspends payments after expiration of the 30 day period without paying the check, and because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer, to the extent deprived of funds, may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
11-3-415. Obligation of indorser. (a) Subject to subsections (b), (c), (d), and (e) of this Code section and to subsection (d) of Code Section 11-3-419, if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed; or (ii) if the indorser indorsed an incomplete instrument, according to the instrument's terms when completed to the extent stated in Code Sec tions 11-3-115 and 11-3-407. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this Code section. (b) If an indorsement states that it is made 'without recourse' or otherwise disclaims lia bility of the indorser, the indorser is not liable under subsection (a) of this Code section to pay the instrument. (c) If notice of dishonor of an instrument is required by Code Section 11-3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) of this Code section is discharged. (d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (a) of this Code section is discharged. (e) If an indorser of a check is liable under subsection (a) of this Code section and the check is not presented for payment, or given to a depositary bank for collection within 30 days after the day the indorsement was made, the liability of the indorser under sub section (a) of this Code section is discharged.
11-3-416. Transfer warranties. (a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:
(1) The warrantor is a person entitled to enforce the instrument; (2) All signatures on the instrument are authentic and authorized; (3) The instrument has not been altered; (4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer. (b) A person to whom the warranties under subsection (a) of this Code section are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach. (c) The warranties stated in subsection (a) of this Code section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) of this Code section is discharged to the extent of any loss caused by the delay in giving notice of the claim. (d) A cause of action for breach of warranty under this section accrues when the claim ant has reason to know of the breach.
11-3-417. Presentment warranties. (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at

1016

JOURNAL OF THE HOUSE,

the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:
(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; and (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized. (b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the accep tor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection. (c) If a drawee asserts a claim for breach of warranty under subsection (a) of this Code section based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under Code Sec tion 11-3-404 or 11-3-405 or the drawer is precluded under Code Section 11-3-406 or 11-4-406 from asserting against the drawee the unauthorized indorsement or alteration. (d) If a dishonored draft is presented for payment to the drawer or an indorser or any other instrument is presented for payment to a party obliged to pay the instrument and payment is received, the following rules apply: (1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instru ment; and (2) The person making payment may recover from any warrantor for breach of war ranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(e) The warranties stated in subsections (a) and (d) of this Code section cannot be dis claimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) of this Code section is discharged to the extent of any loss caused by the delay in giving notice of the claim. (f) A cause of action for breach of warranty under this section accrues when the claim ant has reason to know of the breach.
11-3-418. Payment or acceptance by mistake.
(a) Except as provided in subsection (c) of this Code section, if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to Code Section 11-4-403; or (ii) the signa ture of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsec tion are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft. (b) Except as provided in subsection (c) of this Code section, if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a) of this Code section, the person paying or accepting may, to the extent permitted by the law govern ing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made; or (ii) in the case of acceptance, may revoke the acceptance.

THURSDAY, FEBRUARY 15, 1996

1017

(c) The remedies provided by subsection (a) or (b) of this Code section may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by Code Section 11-3-417 or 11-4-407. (d) Notwithstanding Code Section 11-4-215, if an instrument is paid or accepted by mis take and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b) of this Code section, the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
11-3-419. Instruments signed for accommodation. (a) If an instrument is issued for value given for the benefit of a party to the instrument known as the 'accommodated party,' and another party to the instrument known as the 'accommodation party' signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party 'for accommodation.' (b) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subsection (d) of this Code section, is obliged to pay the instru ment in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation. (c) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in Code Section 11-3-605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation. (d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obli gation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (i) execution of judgment against the other party has been returned unsatisfied; (ii) the other party is insolvent or in an insolvency proceeding; (iii) the other party cannot be served with process; or (iv) it is otherwise apparent that payment cannot be obtained from the other party. (e) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommo dated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
11-3-420. Conversion of instrument. (a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument; or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee. (b) In an action under subsection (a) of this Code section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiffs interest in the instrument. (c) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any pro ceeds that it has not paid out.

1018

JOURNAL OF THE HOUSE,

PARTS DISHONOR
11-3-501. Presentment. (a) 'Presentment* means a demand made by or on behalf of a person entitled to enforce an instrument to (i) pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or (ii) accept a draft made to the drawee. (b) The following rules are subject to Article 4 of this title, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States. Presentment may be made by any commercially reasonable means, including an oral, written, or electronic communication. Presentment is effective when the demand for payment or acceptance is received by the person to whom presentment is made and is effective if made to any one of two or more makers, acceptors, drawees, or other payors. (2) Upon demand of the person to whom presentment is made, the person making presentment must:
(i) Exhibit the instrument; (ii) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and (iii) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom presentment is made may: (i) Return the instrument for lack of a necessary indorsement; or (ii) Refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2:00 P.M. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.
11-3-502. Dishonor. (a) Dishonor of a note is governed by the following rules:
(1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment. (2) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of present ment, whichever is later. (3) If the note is not payable on demand and paragraph (2) of this subsection does not apply, the note is dishonored if it is not paid on the day it becomes payable. (b) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:
(1) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payer bank makes timely return of the check or sends timely notice of dishonor or nonpayment under Code Section 11-4-301 or 11-4-302, or becomes accountable for the amount of the check under Code Section 11-4-302. (2) If a draft is payable on demand and paragraph (1) of this subsection does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment. (3) If a draft is payable on a date stated in the draft, the draft is dishonored if:

THURSDAY, FEBRUARY 15, 1996

1019

(i) Presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later; or (ii) Presentment for acceptance is duly made before the day the draft becomes pay able and the draft is not accepted on the day of presentment. (4) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment. (c) Dishonor of an unaccepted documentary draft occurs according to the rules stated in paragraphs (2), (3), and (4) of subsection (b) of this Code section, except that pay ment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs. (d) Dishonor of an accepted draft is governed by the following rules: (1) If the draft is payable on demand, the draft is dishonored if presentment for pay ment is duly made to the acceptor and the draft is not paid on the day of present ment; or (2) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later. (e) In any case in which presentment is otherwise required for dishonor under this Code section and presentment is excused under Code Section 11-3-504, dishonor occurs with out presentment if the instrument is not duly accepted or paid. (f) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored.
11-3-503. Notice of dishonor. (a) The obligation of an indorser stated in subsection (a) of Code Section 11-3-415 and the obligation of a drawer stated in subsection (d) of Code Section 11-3-414 may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instru ment complying with this Code section; or (ii) notice of dishonor is excused under sub section (b) of Code Section 11-3-504. (b) Notice of dishonor may be given by any person. Notice of dishonor may be given by any commercially reasonable means, including an oral, written, or electronic commu nication. Notice of dishonor is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor. Upon request of any party to the instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dishonor, and the drawee shall have no additional liability to the drawer as a result of such statement. (c) Subject to subsection (c) of Code Section 11-3-504, with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument; or (ii) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.
11-3-504. Excused presentment and notice of dishonor. (a) Presentment for payment or acceptance of an instrument is excused if (i) the person entitled to present the instrument cannot with reasonable diligence make presentment; (ii) the maker or acceptor has repudiated an obligation to pay the instrument, is dead, or is in insolvency proceedings; (iii) by the terms of the instrument, presentment is not necessary to enforce the obligation of indorsers or the drawer; (iv) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or (v) the drawer

1020

JOURNAL OF THE HOUSE,

instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft. (b) Notice of dishonor is excused if (i) by the terms of the instrument, notice of dis honor is not necessary to enforce the obligation of a party to pay the instrument; or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of pre sentment is also a waiver of notice of dishonor. (c) Delay in giving notice of dishonor is excused if the delay was caused by circum stances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
11-3-505. Evidence of dishonor. (a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(1) A document regular in form as provided in subsection (b) of this Code section which purports to be a protest; (2) A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dis honor; and (3) A book or record of the drawee, payor bank, or collecting bank kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry. (b) A protest is a certificate of dishonor made by a United States consul or vice consul or by a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that per son. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
PART 6 DISCHARGE AND PAYMENT
11-3-601. Discharge and effect of discharge. (a) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract. (b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
11-3-602. Payment. (a) Subject to subsection (b) of this Code section, an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument; and (ii) to a person entitled to enforce the instrument. To the extent of the payment, the obliga tion of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Code Section 11-3-306 by another person. (b) The obligation of a party to pay the instrument is not discharged under subsection (a) of this Code section if:
(1) A claim to the instrument under Code Section 11-3-306 is enforceable against the party receiving payment, and either:
(i) Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or (ii) In the case of an instrument other than a cashier's check, teller's check, or certi fied check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person enti tled to enforce the instrument; or (2) The person making payment knows that the instrument is a stolen instrument and pays a person the payor knows is in wrongful possession of the instrument.

THURSDAY, FEBRUARY 15, 1996

1021

(c) Notwithstanding any other provision of this article, with respect to a note which is a negotiable instrument within the meaning of this article and which is to be paid off in installment payments or in more than one payment, the maker or drawer is autho rized to pay the assignor until the assignee or its authorized agent sends a registered or certified letter to the maker or drawer at the maker's or drawer's last known address notifying the maker or drawer that the amount due or to become due has been assigned and that payment is to be made to the assignee. A notification that does not reasonably identify the rights assigned is ineffective. If requested by the drawer or maker, the assignee must furnish reasonable proof that the assignment has been made and, unless the assignee does so, the maker or drawer may pay the assignor.
11-3-603. Tender of payment. (a) If tender of payment of an obligation to pay an instrument is made to a person enti tled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. (b) If tender of payment of an obligation to pay an instrument is made to a person enti tled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. (c) If tender of payment of an amount due on an instrument is made to a person enti tled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of pay ment on the due date to the person entitled to enforce the instrument.
11-3-604. Discharge by cancellation or renunciation. (a) A person entitled to enforce an instrument, with or without consideration, may dis charge the obligation of a party to pay the instrument by (i) an intentional voluntary act such as surrender of the instrument to the party, destruction, mutilation, or cancella tion of the instrument, cancellation or striking out of the party's signature, or the addi tion of words to the instrument indicating discharge; or (ii) agreeing not to sue or otherwise renouncing rights against the party by a signed writing. (b) Cancellation or striking out of an indorsement pursuant to subsection (a) of this Code section does not affect the status and rights of a party derived from the indorse ment.
11-3-605. Discharge of indorsers and accommodation parties. (a) In this Code section, the term 'indorser' includes a drawer having the obligation described in subsection (d) of Code Section 11-3-414. (b) Discharge, under Code Section 11-3-604, of the obligation of a party to pay an instrument does not discharge the obligation of an indorser or accommodation party having a right of recourse against the discharged party. (c) If a person entitled to enforce an instrument agrees, with or without consideration, to an extension of the due date of the obligation of a party to pay the instrument, the extension discharges an indorser or accommodation party having a right of recourse against the party whose obligation is extended to the extent the indorser or accommoda tion party proves that the extension caused loss to the indorser or accommodation party with respect to the right of recourse. (d) If a person entitled to enforce an instrument agrees, with or without consideration, to a material modification of the obligation of a party other than an extension of the due date, the modification discharges the obligation of an indorser or accommodation party having a right of recourse against the person whose obligation is modified to the extent the modification causes loss to the indorser or accommodation party with respect to the right of recourse. The loss suffered by the indorser or accommodation party as a result of the modification is equal to the amount of the right of recourse unless the person enforcing the instrument proves that no loss was caused by the modification or that the loss caused by the modification was an amount less than the amount of the right of recourse.

1022

JOURNAL OF THE HOUSE,

(e) If the obligation of a party to pay an instrument is secured by an interest in collat eral and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of an indorser or accommodation party having a right of recourse against the obligor is discharged to the extent of the impairment. The burden of proving impairment is on the party asserting discharge. The value of an interest in collateral is impaired to the extent (i) the value of the interest is reduced to an amount less than the amount of the right of recourse of the party asserting discharge; or (ii) the reduction in value of the interest causes an increase in the amount by which the amount of the right of recourse exceeds the value of the interest. (f) If the obligation of a party is secured by an interest in collateral not provided by an accommodation party and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of any party who is jointly and severally liable with respect to the secured obligation is discharged to the extent the impairment causes the party asserting discharge to pay more than that party would have been obliged to pay, taking into account rights of contribution, if impairment had not occurred. If the party asserting discharge is an accommodation party not entitled to dis charge under subsection (e) of this Code section, the party is deemed to have a right to contribution based on joint and several liability rather than a right to reimbursement. The burden of proving impairment is on the party asserting discharge. (g) Under subsection (e) or (f) of this Code section, impairing value of an interest in collateral includes (i) failure to obtain or maintain perfection or recordation of the inter est in collateral; (ii) release of collateral without substitution of collateral of equal value; (ii) failure to perform a duty to preserve the value of collateral owed, under Article 9 of this title or other law, to a debtor or surety or other person secondarily liable; or (iv) failure to comply with applicable law in disposing of collateral. (h) An accommodation party is not discharged under subsection (c), (d), or (e) of this Code section unless the person entitled to enforce the instrument knows of the accom modation or has notice under subsection (c) of Code Section 11-3-419 that the instru ment was signed for accommodation. (i) A party is not discharged under this Code section if (i) the party asserting discharge consents to the event or conduct that is the basis of the discharge; or (ii) the instrument or a separate agreement of the party provides for waiver of discharge under this Code section either specifically or by general language indicating that parties waive defenses based on suretyship or impairment of collateral."
SECTION 4. Said title is further amended by striking from Article 4, relating to bank deposits and col lections, Code Section 11-4-101, relating to short title; Code Section 11-4-102, relating to applicability; Code Section 11-4-103, relating to variation by agreement, damages, and ordinary care; Code Section 11-4-104, relating to definitions; and Code Section 11-4-105, relating to definitions relative to banks, and inserting in lieu thereof the following:
"11-4-101. Short title. This article shall be known and may be cited as 'Uniform Commercial Code -- Bank Deposits and Collections.'
11-4-102. Applicability. {!}(} To the extent that items within this article are also within tike scope ef Articles 3 and 8 of this title, they are subject to the provisions ef those articles, fe the event ef If there is conflict the provisions ef this article govern these ef- governs Article 3 of this title^ but the provisions ef Article 8 of this title govern those ef governs this article. {8)(b) The liability of a bank for action or nonaction with respect to any an item han dled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or nonaction by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.
11-4-103. Variation by agreement; measure of damages; certain action constituting ordi nary care.

THURSDAY, FEBRUARY 15, 1996

1023

The effect of the provisions of this article may be varied by agreement except that e agreement can z but the parties to the agreement cannot disclaim a bank's responsibility for its ewa lack of good faith or failure to exercise ordinary care or ea limit the measure of damages for such the lack or failuref bat : However, the parties may determine by agreement determine the standards by which such the bank's respon sibility is to be measured if sweh those standards are not manifestly unreasonable. 43Mb) Federal reserve regulations and operating letters circulars, clearing-house rules, andthe like, have the effect of agreements under subsection 4t)ia} of this Code section, whether or not specifically assented to by all parties interested in items handled. ffiKc) Action or nonaction approved by this article or pursuant to federal reserve regula tions or operating lettcra constitutes circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing-house rules and the like or with a general banking usage not disapproved by this article, is prima facie constitutes the exercise of ordinary care. {4)(d) The specification or approval of certain procedures by this article does et conatittrte is not disapproval of other procedures which that may be reasonable under the cir cumstances. {feKe) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount which that could not have been real ized by the se exercise of ordinary care; and where . If there is also bad faithj it includes any other damages; if- toy-, suffered by the party suffered as a proximate conse quence.
11-4-104. Definitions and index of definitions. Wial In this articlez unless the context otherwise requires:
4aK_l} 'Account' means any deposit or credit account with a bank d includes 2 including a checking, time, interest, er savings account demand, time, savings, pass book, share draft, or like account, other than an account evidenced by a certificate of deposit; {b)(2) 'Afternoon* means the period of a day between noon and midnight; {e}(3) 'Banking day' means that the part of tony a day on which a bank is open to the public for carrying on substantially all of its banking functions; {d)(4) 'Clearing-house' means any an association of banks or other payers regularly clearing items; {e}(5) 'Customer' means any a person having an account with a bank or for whom a bank has agreed to collect items and includes ^ including a bank carrying that main tains an account with at another bank; ffH6) 'Documentary draft' means any negotiable e* nonncgotiablc draft with accompa nying documents, securities, e* ether papers te be delivered against hener f the draft a draft to be presented for acceptance or payment if specified documents, certificated securities (Code Section 11-8-102) or instructions for uncertificated securities (Code Section 11-8-308), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or paj ment of the draft; (7) 'Draft' means a draft as defined in Code Section 11-3-104 or an item, other than an instrument, that is an order; (8) 'Drawee' means a person ordered in a draft to make payment; {g){9J 'Item' means ay instrument fe* the payment ef meney even though it is net negotiable bat docs net include money; 'item' shall atee include any stered electronic message anrt for the payment ef money, an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a pay ment order governed by Article 4A of this title or a credit or debit card slip; {h>(10) 'Midnight deadline' with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later; \i/--IT ropoFly p&yflDie includes LIIC svfliiflDiiity ot luncis tor pflyment ~tn tiic time i
{j}(ll) 'Settle' means to pay in cash, by clearing-house settlement, in a charge or credit, or by remittance, or otherwise as instructed agreed. A settlement may be either provisional or final; and

1024

JOURNAL OF THE HOUSE,

{teK12) 'Suspends payments' with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of busi ness. {3Kb) Other definitions applying to this article and the Code sections in which they appear are: 'Agreement for electronic presentment.' Code Section 11-4-110. 'Bank.' Code Section 11-4-105. 'Collecting bank.' Code Section 11-4-105. 'Depositary bank.' Code Section 11-4-105. 'Intermediary bank.' Code Section 11-4-105. 'Payor bank.' Code Section 11-4-105. 'Presenting bank.' Code Section 11-4-105. 'Presentment notice.' Code Section 11-4-110. 'Remitting bonk.' Gede Section 11-4-106. {3)(c) The following definitions in other articles of this title apply to this article: 'Acceptance.' Code Section 11-3-410 11-3-409. 'Alteration.' Code Section 11-3-407. 'Cashier's check. Code Section 11-3-104. 'Certificate of deposit.' Code Section 11-3-104. 'Certification.' GoAe Section 11-3-411. 'Certified check.' Code Section 11-3-409. 'Check.' Code Section 11-3-104. 'Draft.' Gede Section 11.3-104. 'Good faith.' Code Section 11-3-103. 'Holder in due course.' Code Section 11-3-302. 'Instrument.' Code Section 11-3-104. 'Notice of dishonor.' Code Section 11-3-608 11-3-503. 'Order.' Code Section 11-3-103. 'Ordinary care.' Code Section 11-3-103. 'Person entitled to enforce.' Code Section 11-3-301. 'Presentment.' Code Section 11-3-604 11-3-501. 'Promise.' Code Section 11-3-103. 'Protest.' Gede Section 11-3-600. 'Prove.' Code Section 11-3-103. 'Secondary party.' Gede Section 11-8-102. 'Teller's check.' Code Section 11-3-104. 'Unauthorized signature.' Code Section 11-3-403. (4)(d) In addition Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
11-4-105. 'Dcpoaitory 'Bank'; 'depositary bank'; 'payor bank'; 'intermediary bank'; 'col lecting bank'; 'presenting bank'f 'remitting bank'. In this article unless the context othcrwiac requires:
(1) 'Bank' means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company; {aM^ 'Depositary bank' means the first bank to which an item is transferred for eetlection even though it is also the payor bank2 unless the item is presented for immedi ate payment over the counter;
{b)(3) 'Payor bank' means a bank by which an item is payable as drawn er accepted that is the drawee of a draft;
{e}(4) 'Intermediary bank' means any a bank to which an item is transferred in course of collection except the depositary or payor bank; {d>(5) 'Collecting bank' means any a bank handling the an item for collection except the payor bank; and
{e}(6) 'Presenting bank' means easy a bank presenting an item except a payor bank;; (f) 'Remitting bank' means any payer er intermediary bank remitting fe* a item."

THURSDAY, FEBRUARY 15, 1996

1025

SECTION 5. Said title is further amended by adding a new Code section to be designated Code Section 11-4-106, by striking Code Section 11-4-106, relating to separate bank offices; Code Section 11-4-107, relating the time of receipt of items; Code Section 11-4-108, relating to delays; renumbering such stricken Code sections as Code Sections 11-4-107, 11-4-108, and 11-4-109, respectively; and inserting two new Code sections to be designated Code Sections 11-4-110 and 11-4-111, respectively, so that Code Sections 11-4-106 through 11-4-111 read as follows:
"11-4-106. Payable through or payable at bank; collecting bank. (a) If an item states that it is 'payable through' a bank identified in the item, the item (i) designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and (ii) may be presented for payment only by or through the bank. (b) If an item states that it is 'payable at' a bank identified in the item, the item (Q designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and (ii) may be presented for payment only by or through the bank. (c) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.
11-4-106 11-4-107. Separate office of a bank. A branch or separate office of a bank, including the location of any agent of a bank receiving items for data processing purposes, is a separate bank for the purpose of com puting the time within which and determining the place at or to which action may be taken or notice or orders shall must be given under this article and under Article 3 of this title.
11-4 107 11-4-108. Time of receipt of items. fl^a} For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2:00 P.M. or later as a cut-off cutoff hour for the handling of money and items and the making of entries on its books. {2Kb) Any An item or deposit of money received on any day after a cut-off cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
11-4 108 11-4-109. Delays. {IWjO Unless otherwise instructed, a collecting bank in a good faith effort to secure pay ment may, is the ease of a specific items item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this title for a period not excess ef a exceeding two additional banking etey days without discharge of secondary parties and without drawers or indorsers or liability to its transferor or ay a prior party. {3}b} Delay by a collecting bank or payor bank beyond time limits prescribed or per mitted by this title or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank provided it; and (ii) the bank exercises such diligence as the circumstances require.
11-4-110. Electronic presentment. (a) 'Agreement for electronic presentment' means an agreement, clearing-house rule, or federal reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ('presentment notice') rather than delivery of the item itself. The agreement may pro vide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement. (b) Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.

1026

JOURNAL OF THE HOUSE,

(c) If presentment is made by presentment notice, a reference to 'item' or 'check' in this article means the presentment notice unless the context otherwise indicates.
11-4-111. Statute of limitations. An action to enforce an obligation, duty, or right arising under this article must be com menced within three years after the cause of action accrues."
SECTION 6. Said title is further amended by striking Code Section 11-4-201, relating to presumption and duration of agency status of collecting banks and provisional status of credits, applica bility of article, and item indorsed 'pay any bank'; Code Section 11-4-202, relating to responsibility for collection and seasonable action; Code Section 11-4-203, relating to effect of instructions; Code Section 11-4-204, relating to methods of sending and presenting and sending direct to payor bank; Code Section 11-4-205, relating to supplying missing indorse ment and no notice from prior indorsement; and Code Section 11-4-206, relating to trans fer between banks, respectively, and inserting in lieu thereof the following:
"11-4-201. Pfcaumption and duration f agency status Status of collecting banks bank as agent and provisional status of credits; applicability of article; item indorsed 'pay any bank.' Wia} Unless a contrary intent clearly appears and prior te before the time that a settle ment given by a collecting bank for an item is or becomes fina!2 (subsection {3} ef- Code Section H'4-211 and ede Sections 11-4-212 and 11 4.218) the bankj with respect to the item, is an agent or subagent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of indorsement or lack of indorsement and even though credit given for the item is subject to immediate with drawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank2 such as those resulting from outstanding advances on the item and valid rights of recoupment or setoff. When If an item is handled by banks for purposes of presentment, payment, and collection, or return, the relevant provisions of this article apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it. {8Mb) After an item has been indorsed with the words 'pay any bank' or the like, only a bank may acquire the rights of a holder until the item has been:
{a)(l) Until the item has been returned Returned to the customer initiating collection; or {b}(2) Until tne item nas feeen specially Specially indorsed by a bank to a person who is not a bank.
11-4-202. Responsibility for collection or return; when action seasonable timely. {*){] A collecting bank must s exercise ordinary care in:
teKl) Presenting an item or sending it for presentment; and {b)(2) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank's transferor after learning that the item has not been paid or accepted, as the case may be; and {e)(3) Settling for an item when the bank receives final settlement; and (d) Making ef providing for any necessary protest; and {e}(4) Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof. (2) A collecting bank taking proper action before its midnight deadline following receipt ef-an item, notice, er payment acts seasonably; taking preper action within reasonably tenger time may be seasonable bat tne bank has the burden ef- so establishing. (b) A collecting bank exercises ordinary care under subsection (a) of this Code section by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.

THURSDAY, FEBRUARY 15, 1996

1027

Subject to paragraph (1) of subsection (i)(a) of this Code section, a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or per son or for loss or destruction of an item in the possession of others or in transit en- in the poaacaaion ef ethers.
11-4-203. Effect of instructions. Subject to the provisions erf Article 3 of this title concerning conversion of instruments (Code Section 11-8-410 11-3-420) and the provisions erf both Article 8 erf this title aed this article concerning restrictive indorsements (Code Section 11-3-206), only a collecting bank's transferor can give instructions which that affect the bank or constitute notice to it and a collecting bank is not liable to prior parties for any action taken pursuant to such the instructions or in accordance with any agreement with its transferor.
11-4-204. Methods of sending and presenting; sending direct directly to payor bank. Q)(a) A collecting bank must shall send items by a reasonably prompt methodz taking into consideration any relevant instructions, the nature of the item, the number of auch those items on hand, and the cost of collection involved^ and the method generally used by it or others to present seh those items. {3>(b) A collecting bank may send:
Any An item direct directly to the payor bank; Any An item to tatty a nonbank payor if authorized by its transferor; and {eH3) A*y An item other than documentary drafts to any a nonbank payor, if autho rized by federal reserve regulation or operating letter circular, clearing-house rule, or the like. 43}(c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.
11-4-205. Supplying missing indorsement; ne notice from prior indorsement Depositary bank holder of unindorsed item. \LJ--A dcpositoty oflUK wiiitii fifts tflKi&Ti ttft item iOF coiicctiow nifty supply flny 1HCIOF96"
'payee's indorsement required' sr the hie: fe the absence ef- such a requirement a statemcfrt plcLcod on tiws item 0y tftc QCpos11ftry 0ftfiK to WIG cticct tiist* trie itcift wo.3 cicpos"1 itcd Dy ft customet d? CPCQitcu to AIS flccount. is ciicctivG fts trie customep~s inciorsGQICn17 (2) An intermediary bonk, er payor bank which is et a depositary bank, is neither given notice tter otherwise affected by a restrictive indorsement ef- any perse* except the bank's immediate transferor. If a customer delivers an item to a depositary bank for collection:
(1) The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the item, and, if the bank satisfies the other require ments of Code Section 11-3-302, it is a holder in due course; and (2) The depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account.
11-4-206. Transfer between banks. Any agreed method which that identifies the transferor bank is sufficient for the item's further transfer to another bank."
SECTION 7. Said title is further amended by striking Code Section 11-4-207, relating to warranties of customer and collecting bank on transfer or presentment of items and time for claims, which reads as follows:
"11-4-207. Warranties of customer and collecting bank on transfer or presentment of items; time for claims. (1) Each customer or collecting bank who obtains payment or acceptance of an item and each prior customer and collecting bank warrants to the payor bank or other payor who in good faith pays or accepts the item that:

1028

JOURNAL OF THE HOUSE,

(a) He has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title; and (b) He has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith:
(i) To a maker with respect to the maker's own signature; or (ii) To a drawer with respect to the drawer's own signature, whether or not the drawer is also the drawee; or (iii) To an acceptor of an item if the holder in due course took the item after the acceptance or obtained the acceptance without knowledge that the drawer's signa ture was unauthorized; and (c) The item has not been materially altered, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith: (i) To the maker of a note; or (ii) To the drawer of a draft whether or not the drawer is also the drawee; or (iii) To the acceptor of an item with respect to an alteration made prior to the acceptance if the holder in due course took the item after the acceptance, even though the acceptance provided 'payable as originally drawn' or equivalent terms; or (iv) To the acceptor of an item with respect to an alteration made after the accept ance. (2) Each customer and collecting bank who transfers an item and receives a settlement or other consideration for it warrants to his transferee and to any subsequent collecting bank who takes the item in good faith that: (a) He has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and (b) All signatures are genuine or authorized; and (c) The item has not been materially altered; and (d) No defense of any party is good against him; and (e) He has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted item. In addition each customer and collecting bank so transferring an item and receiving a settlement or other consideration engages that upon dishonor and any necessary notice of dishonor and protest he will take up the item. (3) The warranties and the engagement to honor set forth in subsections (1) and (2) of this Code section arise notwithstanding the absence of indorsement or words of guaranty or warranty in the transfer or presentment and a collecting bank remains liable for their breach despite remittance to its transferor. Damages for breach of such warranties or engagement to honor shall not exceed the consideration received by the customer or col lecting bank responsible plus finance charges and expenses related to the item, if any. (4) Unless a claim for breach of warranty under this Code section is made within a rea sonable time after the person claiming learns of the breach, the person liable is dis charged to the extent of any loss caused by the delay in making claim.", and inserting in lieu thereof the following:
"11-4-207. Transfer warranties. (a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that:
(1) The warrantor is a person entitled to enforce the item;
(2) All signatures on the item are authentic and authorized; (3) The item has not been altered; (4) The item is not subject to a defense or claim in recoupment (subsection (a) of Code Section 11-3-305) of any party that can be asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

THURSDAY, FEBRUARY 15, 1996

1029

(b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item according to the terms of the item at the time it was transferred, or, if the transfer was of an incomplete item, according to its terms when completed as stated in Code Sections 11-3-115 and 11-3-407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an indorsement stating that it is made 'without recourse' or otherwise disclaiming liability. (c) A person to whom the warranties under subsection (a) of this Code section are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach. (d) The warranties stated in subsection (a) of this Code section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim. (e) A cause of action for breach of warranty under this Code section accrues when the claimant has reason to know of the breach."
SECTION 8. Said title is further amended by adding two new Code sections to be designated Code Sec tions 11-4-208 and 11-4-209, respectively, to read as follows:
"11-4-208. Presentment warranties. (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance at the time of presentment and a previous transferor of the draft at the time of transfer war rant to the drawee that pays or accepts the draft in good faith that:
(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; and (3) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized. (b) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the accep tor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection. (c) If a drawee asserts a claim for breach of warranty under subsection (a) of this Code section based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under Code Sec tion 11-3-404 or 11-3-405 or the drawer is precluded under Code Section 11-3-406 or 11-4-406 from asserting against the drawee the unauthorized indorsement or alteration. (d) If a dishonored draft is presented for payment to the drawer or an indorser or any other item is presented for payment to a party obliged to pay the item and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.

1030

JOURNAL OF THE HOUSE,

(e) The warranties stated in subsections (a) and (b) of this Code section cannot be dis claimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim. (f) A cause of action for breach of warranty under this Code section accrues when the claimant has reason to know of the breach.
11-4-209. Encoding and retention warranties. (a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payer bank or other payor that the infor mation is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty. (b) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a cus tomer of a depositary bank undertakes to retain an item, that bank also makes this war ranty. (c) A person to whom warranties are made under this Code section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach." k
SECTION 9. Said title is further amended by striking Code Section 11-4-208, relating to security inter est of collecting bank in items, and accompanying documents and proceeds; Code Section 11-4-209, relating to when a bank gives value for purposes of a holder in due course; and Code Section 11-4-210, relating to presentment by notice of item not payable by, through, or at bank and liability of secondary parties, and inserting in lieu thereof new renumbered Code sections to read as follows:
"11 4'208 11-4-210. Security interest of collecting bank in items, accompanying docu ments, and proceeds. (i)^a) A Collecting bank has a security interest in an item and any accompanying docu ments or the proceeds of either:
{ft}{!) In case of an item deposited in an accountj to the extent to which credit given for the item has been withdrawn or applied; {b)(2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given whether or not the credit is drawn upon and whether or net there is a right of charge-back; or {cX3) If it makes an advance on or against the item. {3Kb) When If credit which has bee given for several items received at one time or pursuant to a single agreement is withdrawn or applied in parti the security interest remains upon all the items, any accompanying documents, or the proceeds of either. For the purpose of this Code section, credits first given are first withdrawn. {3}(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. Te the extent tattA se So long as the bank does not receive final settlement for the item or give up possession of the item or accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to the provisions ef Article 9 of this titlez except that but: 4XH No security agreement is necessary to make the security interest enforceable (aubacction (l)(b) ef paragraph (a) of subsection (1) of Code Section 11-9-203); and {feH2) No filing is required to perfect the security interest; and {e>(3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
11-4 209 11-4-211. When bank gives value for purposes of holder in due course.

THURSDAY, FEBRUARY 15, 1996

1031

For purposes of determining its status as a holder in due course, the a bank has given value to the extent that it has a security interest in an item^ provided that if the bank otherwise complies with the requirements of Code Section 11-3-302 on what constitutes a holder in due course.
11-4-210 11-4-212. Presentment by notice of item not payable by, through, or at a bank; liability of secondary parties drawer or indorser. 41}{a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under Code Section 11-3-606 11-3-501 by the close of the bank's next banking day after it knows of the requirement. {3>(b) Where If presentment is made by notice and neither heeer not payment, accept ance, or request for compliance with a requirement under Code Section 11-3-606 11-3-501 is not received by the close of business on the day after maturity orj in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any secondary party drawer or indorser by sending him it notice of the facts."
SECTION 10. Said title is further amended by striking in its entirety Code Section 11-4-211, relating to media of remittance and provisional and final settlement in remittance cases, which reads as follows:
"11-4-211. Media of remittance; provisional and final settlement in remittance cases. (1) A collecting bank may take in settlement of an item:
(a) A check of the remitting bank or of another bank on any bank except the remit ting bank; or (b) A cashier's check or similar primary obligation of a remitting bank which is a member of or clears through a member of the same clearing-house or group as the col lecting bank; or (c) Appropriate authority to charge an account of the remitting bank or of another bank with the collecting bank; or (d) If the item is drawn upon or payable by a person other than a bank, a cashier's check, certified check, or other bank check or obligation. (2) If before its midnight deadline the collecting bank properly dishonors a remittance check or authorization to charge on itself or presents or forwards for collection a remit tance instrument of or on another bank which is of a kind approved by subsection (1) of this Code section or has not been authorized by it, the collecting bank is not liable to prior parties in the event of the dishonor of such check, instrument, or authorization. (3) A settlement for an item by means of a remittance instrument or authorization to charge is or becomes a final settlement as to both the person making and the person receiving the settlement: (a) If the remittance instrument or authorization to charge is of a kind approved by subsection (1) of this Code section or has not been authorized by the person receiving the settlement and in either case the person receiving the settlement acts seasonably before its midnight deadline in presenting, forwarding for collection, or paying the instrument or authorization, -- at the time the remittance instrument or authorization is finally paid by the payor by which it is payable; (b) If the person receiving the settlement has authorized remittance by a nonbank check or obligation or by a cashier's check or similar primary obligation of or a check upon the payor or other remitting bank which is not of a kind approved by subsection (l)(b) of this Code section, -- at the time of the receipt of such remittance check or obligation; or (c) If in a case not covered by subparagraphs (a) or (b) of this subsection the person receiving the settlement fails to seasonably present, forward for collection, pay, or return a remittance instrument or authorization to it to charge before its midnight deadline, -- at such midnight deadline.",

1032

JOURNAL OF THE HOUSE,

and inserting in its place the following:
"11-4-213. Medium and time of settlement by bank. (a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription:
(1) The medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlement; and (2) The time of settlement is:
(i) With respect to tender of settlement by cash, a cashier's check, or a teller's check, when the cash or check is sent or delivered; (ii) With respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made; (iii) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or (iv) With respect to tender of settlement by a funds transfer, when payment is made pursuant to subsection (a) of Code Section 11-4A-406 to the person receiving settlement. (b) If the tender of settlement is not by a medium authorized by subsection (a) of this Code section or the time of settlement is not fixed by subsection (a) of this Code sec tion, no settlement occurs until the tender of settlement is accepted by the person receiving settlement. (c) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline: (1) Presents or forwards the check for collection, settlement is final when the check is finally paid; or (2) Fails to present or forward the check for collection, settlement is final at the mid night deadline of the person receiving settlement. (d) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item."
SECTION 11. Said title is further amended by striking Code Section 11-4-212, relating to right of chargeback or refund; Code Section 11-4-213, relating to final payment of item by payor bank, provisional debits and credits, and availability for withdrawal of certain credits; and Code Section 11-4-214, relating to insolvency and preference, and inserting in lieu thereof new renumbered sections to read as follows:
"11 <t 312 11-4-214. Right of charge-back or refund; liability of collecting bank; return of item. 4t}(a) If a collecting bank has made provisional settlement with its customer for an item and itaclf fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account, or obtain refund from its customer2 whether or not it is able to return the items item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge back, and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subsection {3} ef6ede Section 11-4-211 and subsections {3} and {3} ef- ede Section 11-4-213).
/yQSW/ VV U*j^J \T>7Ti14L-W1IfIyI>I jU-h1Cn LfIrIimIIrCr HnrI>1fU1 m lllnCrU>lrI>lCnrr rJ\irraCfStfvrfilYU\U/*^U I*IJTjJ tHhIi1nO (V~U*nUttfU^ a3C/iVftliliUn.nIl HfirI>IUfl f C^U.nUt^Co CQT.<CirU'+LiHr>Jy1>1
11 4 801, en intermediary or payer bank, as the ease may ber may return- aft unpaid item

THURSDAY, FEBRUARY 15, 1996

1033

to trie depos11flpy DflttR &nd mfly send top conecvtom d drflit on tue deposiwwy bank and obtain rcimbursemeatr fa stieh ease; if the depositary bonk has received p*evi&ioiiftl setticiHCirt for trie item^ "rt BIWIS* peim ourse tne DQ.RK drfl.win trie drftiT &nd ftny provisional credits ter the item between banks shall become tend remain final. A collect ing bank returns an item when it is sent or delivered to the bank's customer or trans feror or pursuant to its instructions. {3Hc) A depositary bank which that is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the Code section governing return of an item received by a payor bank for credit on its books (Code Sec tion 11-4-301). {4}(d) The right to charge back is not affected by:
{ft^l) Prier Previous use of the a credit given for the item; or {b)(2) Failure by any bank to exercise ordinary care with respect to the item^ but taay a bank so failing remains liable. {6}(e) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party. {6}(f) If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency money, the dollar amount of any charge-back or refund ahall must be calculated on the basis of the buying sight bank-offered spot rate for the foreign ewreney money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
11 4 313 11-4-215. Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal. (!}{a) An item is finally paid by a payor bank when the bank has first done any of the following; whichever happens first:
{a}(l) Paid the item in cash; er flK2) Settled for the item without reserving having a right to revoke the settlement ad without having streh right under statute, clearing-house rule, or agreement; or \QJ--\jompleted the process of posting the item TO tfie indicflted flccount of tiie dpftwepj maker, e* ether person te be charged therewith; e {d}(3) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement. Upon a final payment ander subparagraph (b)r {eh er {d} ef- this subsection the payer Dfiiitt 9fioJ.i oe flccoun18.ole lor tne flinount of ttie itentr (b) If provisional settlement for an item does not become final, the item is not finally paid. {2Kc) If provisional settlement for an item between the presenting and payor banks is made through a clearing-house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank. {3}(d) If a collecting bank receives a settlement for an item which is or becomes finalj (,9UDscction \o) of Oode oectiou AJ.TM4"ii find suDsection \&) of oode ocction i-i.-4~fij.oj the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final. {4)(e) Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in an account with its customer a customer's account becomes available for withdrawal as of right: {)(11 fa any ease where If the bank has received a provisional settlement for the item, -- when such the settlement becomes final and the bank has had a reasonable time to tea that the settlement is final receive return of the item and the item has not been received within that time; {b)(2) fa ay ease where If the bank is both a the depositary bank and a the payor bankj and the item is finally paid, -- at the opening of the bank's second banking day following receipt of the item.

1034

JOURNAL OF THE HOUSE,

(6)(f) A deposit ef eey i a bank- is final when made tet; subject Subject to applica ble law stating a time for availability of funds and any right of the a bank to apply the a deposit to an obligation of the customer depositor, the a deposit of money becomes available for withdrawal as of right at the opening of the bank's next banking day following after receipt of the deposit.
11 4 214 11-4-216. Insolvency and preference. 4i)(a) Any If an item is in or coming comes into the possession of a payor or collecting bank which that suspends payment and which the item is has not been finally paid^ the item must shall be returned by the receiver, trustee^ or agent in charge of the closed bank to the presenting bank or the closed bank's customer. (3)(b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank. {3)(c) If a payor bank gives or a collecting bank gives or receives a provisional settle ment for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement settlement's becoming final if auch the finality occurs automatically upon the lapse of certain time or the happening of certain events (subscc
t1j1fUm11 /\OQJ\ OnTf rV<J~UJU~U O LJ-l.x.lJ^.L:-l-- Ull -A11-!"A" nti-Ll L1 f ,,!5.U.!U,,3. UnUr tIi/lnUnllni9 /\11_W ^UJ^\ , /\^n/\ UnT1.1JU f\,oU\f t^JT.f /l"^U~ UJl-* O OI-Z-JC.I:/l--U--ll 1 -I A n-t o\
(4)(d) If a collecting bank receives from subsequent parties settlement for an item^ which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against such the collecting bank."
SECTION 12. Said title is further amended by striking Code Section 11-4-301, relating to deferred post ing, recovery of payment by return of items and time of dishonor; Code Section 11-4-302, relating to the payor bank's responsibility for late return of an item; and Code Section 11-4-303, relating to when items are subject to notice, stop-order, legal process, or setoff and the order in which items may be charged or certified, and inserting in lieu thereof new Code sections to read as follows:
"11-4-301. Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank. {!}(} Where a authorized settlement If a payor bank settles for a demand item -(other than a documentary draft) received by a payor bank presented otherwise than for imme diate payment over the counter has been ade before midnight of the banking day of receipt^ the payor bank may revoke the settlement and recover any payment the settle ment ifj before it has made final payment (subsection (i) of Code Section 11 4 213) and before its midnight deadline2 it:
(a)(l) Returns the item; or (b)(2) Sends written notice of dishonor or nonpayment if the item is heW fer protest er is otherwise unavailable for return. ffiHb) If a demand item is received by a payor bank for credit on its books^ it may return such the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (i) (a) of this Code section. (3}(c) Unless previous notice of dishonor has been sent^ an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this Code section. {4}(d) An item is returned: 4a)l) As to an item received presented through a clearing-house, when it is delivered to the presenting or last collecting bank or to the clearing-house or is sent or delivered in accordance with its clearing-house rules; or (b)(2) In all other cases, when it is sent or delivered to the bank's customer or trans feror or pursuant to his instructions.
11-4-302. Payor bank's responsibility for late return of item.

THURSDAY, FEBRUARY 15, 1996

1035

fe the absence ef- a valid defense such as breach ef a presentment warranty (oubocction W ef ede Section 11-4-207), settlement effected er the Mhe; tf (a) If an item is presented to en and received by a payor bankz the bank is accountable for the amount of:
te)l) A demand itenij other than a documentary draftz whether properly payable or notj if the bank, in any case where in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, regardless ef- whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or {b)(2) Any other properly payable item unless^ within the time allowed for acceptance or payment of that itenij the bank either accepts or pays the item or returns it and accompanying documents. (b) The liability of a payor bank to Egy an item pursuant to subsection (a) of this Code section is subject to defenses based on breach of a presentment warranty (Code Section 11-4-208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
11-4-303. When items subject to notice, stop-order stop-payment order, legal process, or setoff; order in which items may be charged or certified. {!%} Any knowledge, notice2 or stop-order stop-payment order received by, legal pro cess served upon, or setoff exercised by a payor bank; whether er net effective tmder ether rules ef kiw comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item, cornea tee late te se terminate, suspend, er modify such right er duty if the knowledge, notice, stop order stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the bank has done any earli est of the following:
4a%l} Accepted er certified The bank accepts or certifies the item; {b)(2) PaM The bank pays the item in cash; <e>(3) Settled The bank settles for the item without reserving having a right to revoke the settlement and without having seh right under statute, clearing-house rule, or agreement; \u)--t*ompleted the process of posting the item to the indicflted Q.Ccount ot the indite?, OP other person to oe enfirmed thePCwith OP otherwise nss evidenced oy notion Or such indicated Account find oy fiction its decision to pdy the itentj &t {e)(4) Become The bank becomes accountable for the amount of the item under shseetien (l)(d) ef Cede Section 11-4-218 and Code Section 11-4-302 dealing with the payor bank's responsibility for late return of itemsvj or (5) With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check. {3}(b) Subject to the provisions ef subsection 41} (a of this Code section, items may be accepted, paid, certified, or charged to the indicated account of its customer in any order convenient te the bank."
SECTION 13. Said title is further amended by striking Code Section 11-4-401, relating to when bank may charge customer's account; Code Section 11-4-402, relating to a bank's liability to a customer for wrongful dishonor; Code Section 11-4-403, relating to a customer's right to stop payment and the burden of proof of loss; Code Section 11-4-404, relating to a bank not obligated to pay check more than six months old; Code Section 11-4-405, relating to a customer's death or incompetence; Code Section 11-4-406, relating to the customer's duty regarding an unauthorized signature or alteration; and Code Section 11-4-407, relat ing to the payor bank's right to subrogation on improper payment, and inserting in lieu thereof new Code sections to read as follows:
"11-4-401. When bank may charge customer's account.

1036

JOURNAL OF THE HOUSE,

As against its customer, A bank may charge against Ms the account any of a customer an item which that is otherwise properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank. (b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item. (c) A bank may charge against the account of a customer a check that is otherwise prop erly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in subsec tion (b) of Code Section 11-4-403 for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Code Section 11-4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Code Section 11-4-402. {3)(d) A bank which that in good faith makes payment to a holder may charge the indi cated account of its customer according to:
{a}(l) The original tenef terms of hfe the altered item; or {b)(2) The tenor terms of tas the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
11-4-402. Bank's liability to customer for wrongful dishonor] time of determining insuffi ciency of account. (a) Except as otherwise provided in this article, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft. (b) A payor bank is liable to its customer for damages proximately caused by the wrong ful dishonor of an item. When the dishonor eeews through mistake liability Liability is limited to actual damages provedT H se proximatcly caused and proved damages and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case. (c) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determina tion need be made. Ifj at the election of the payor bank, a subsequent balance determi nation is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.
11-4-403. Customer's right to stop payment; burden of proof of loss. \ L) \&) A customer msy oy order to ftts D&HK stop p&yHIcut of sny ic&m pflyflDtc IOP Rts account btrt the order must fee or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reason able certainty received at such a time and in such a manner as te afford that affords the bank a reasonable opportunity to act on it prior te before any action by the bank with respect to the item described in Code Section 11-4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop pay ment or close the account. (2) An era! efde* is binding upon the bank ely for 44 calendar days unless confirmed

THURSDAY, FEBRUARY 15, 1996

1037

(b) A stop-payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective. {3}(c) The burden of establishing the fact and amount of loss resulting from the pay ment of an item contrary to a binding step payment stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under Code Section 11-4-402.
11-4-404. Bank not obliged to pay check more than six months old. A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.
11-4-405. Death or incompetence of customer. 4t}a^ A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection if otherwise effectivej is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompe tence. Neither death nor incompetence of a customer revokes such the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudi cation of incompetence and has reasonable opportunity to act on it. {2Mbl Even with knowledge^ a bank may for ten days after the date of death pay or certify checks drawn on or prior te before that date unless ordered to stop payment by a person claiming an interest in the account.
11-4-406. Customer's duty to discover and report unauthorized signature or alteration.
paid in geed faith m support ef the debit entries er holds the statement and items pw-

rcaaonablc ear* and promptncas te examine the statement an4 items te discover hisunauthorized signature er any alteration en an item d must notify the bank promptly after discovery thereof. (a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides suffi cient information if the item is described by item number, amount, and date of pay ment. (b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item. (c) If a bank sends or makes available a statement of account or items pursuant to sub section (a) of this Code section, the customer must exercise reasonable promptness in examining the statement or the items to determine whether any payment was not autho rized because of an alteration of an item or because a purported signature by or on behalf of the customer was not authorized. Ifj based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment, the cus tomer must promptly notify the bank of the relevant facts. {3}(d) If the bank establishes proves that the customer failedz with respect to an itenij to comply with the duties imposed on the customer by subsection {i) (c) of this Code sectionj the customer is precluded from asserting against the bank:
te)(li His The customer's unauthorized signature or any alteration on the item2 if the bank also establishes proves that it suffered a loss by reason of such the failure; and

1038

JOURNAL OF THE HOUSE,

{b}(2) A The customer's unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank after the fifst item and statement
WftS flVSllftD1C tO tile CUStOHICf lOf t fefl9Onft D1C period RO* exceeding XT CftlenaQP dflyS
ftsd before the bank receives notification fre the customer ef ay aeh unauthorized signature er alteration if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding 30 days, in which to examine the item or statement of account and notify the bank. (3) The preclusion andef subsection {2} of this Code section does *et apply if-the 9tomcf establishes teefc ef ordinary eate ea the part ef the bank at paying the item (a). (e) If subsection (d) of this Code section applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially con tributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with subsection (c) of this Code section and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (d) of this Code section does not apply. {4}(f) Without regard to care or lack of care of either the customer or the bank;4 (a) A a customer who does not within 60 days frem the time after the statement and or items are made available to the customer (subsection {1} (a) of this Code section) discover and report feis the customer's unauthorized signature on or any alteration on the face of the item or who does not within one year from that time discover and report any unauthorized indorsement or alteration on the back of the item is pre cluded from asserting against the bank such the unauthorized signature, indorsement or saeh alteration} atwL \D)--A customer wno doc9 not within one yetip rpom trie 1*11116 tlie 9tfltement EHIQ items are made available te the customer (subsection ($} ef- thi Code section) discover and fepert any alteration en the back- ef the ite er -easy unauthorized indorsement is -p*ecludcd ffem asserting against the bank such alteration ef unauthorized indorsement. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under Code Section 11-4-208 with respect to the unauthorized signature or alteration to which the preclusion applies. (6) If under this Code section a payer bank- has a valid defense against a- claim ef- a- eaatome? upon OP resui11ri trom psyment OT ftft item &nd wflivcs OP tftiis upon pettiest to Assert tne deicnse trie D3.HK moy not sssert ft^sinst s.ny collecting oflnit OP otncr prior party presenting e* transferring th item claim based upon the unauthorized signature ef alteration giving rise te th customer's claim.
11-4-407. Payor bank's right to subrogation on improper payment. If a payor bank has paid an item over the step payment order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank shall be is subrogated to the rights:
{K1) Of any holder in due course on the item against the drawer or maker; tatd {te)(2) Of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and {e}(3) Of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose."
SECTION 14. Said title is further amended by striking Code Section 11-4-501, relating to handling of documentary drafts, duty to send for presentment and to notify customer of dishonor; Code Section 11-4-502, relating to presentment of "on arrival" drafts; Code Section 11-4-503, relating to the presenting bank's responsibility for documents and goods, report for dishonor, and referees; and Code Section 11-4-504, relating to the presenting bank's

THURSDAY, FEBRUARY 15, 1996

1039

privileges to deal with goods and security interest for expenses, and inserting in lieu thereof new Code sections to read as follows: "11-4-501. Handling of documentary drafts; duty to send for presentment and to notify
customer of dishonor. A bank which that takes a documentary draft for collection must shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, must shall seasonably notify its cus tomer of sack the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.
11-4-502. Presentment of 'on arrival' drafts. Wfeea If a draft or the relevant instructions require presentment 'on arrival,' 'when goods arrive,' or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of seh the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.
11-4-503. Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need. Unless otherwise instructed and except as provided in Article 5 of this title, a bank pre senting a documentary draft:
{a}(l) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and {b}(2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need desig nated in the draft or, if the presenting bank does not choose to utilize his the referee's services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions. Btrt However, the presenting bank is under no obligation with respect to goods repre sented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instruc tions and to prepayment of or indemnity for saeh those expenses.
11-4-504. Privilege of presenting bank to deal with goods; security interest for expenses. {!}{a][ A presenting bank which that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner. {3}(b) For its reasonable expenses incurred by action under subsection 4i) (a) of this Code section, the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien.
SECTION 15. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-3-24, relating to actions on simple contracts, and inserting in lieu thereof a new section to read as follows:
"9-3-24.
All actions upon promissory notes, drafts, er ether simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11."
SECTION 16. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by inserting a new Code section to be designated Code Section 24-4-23.1 to read as follows:
"24-4-23.1.
(a) As used in this Code section:

1040

JOURNAL OF THE HOUSE,

(1) 'Bank' means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union; and (2) 'Check' means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as 'share draft' or 'negotiable order of withdrawal.' (b) In any dispute concerning payment by means of a check, a copy of the check pro duced in accordance with Code Section 24-5-26, together with the original bank state ment that reflects payment of the check by the bank on which it was drawn or a copy thereof produced in the same manner, creates a presumption that the check has been paid."
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 92, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1398 was postponed until Wednesday, February 21, 1996 immediately following the period of unanimous consents.

HB 1443. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 16 of Title 48 of the Official Code of Georgia Anno tated, relating to the tax amnesty program, so as to provide for the retention of the cost of collection fees by the Department of Revenue to be used to defray the cost of collection of delinquent taxes.

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 Alien
Anderson YAshe
Bailey
Y Baker Bannister Barfoot Bargeron
Y Barnard Barnes
Y Bates Benefield
YBirdsong Y Bordeaux
Bostick Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Burkhalter YByrd

Y Campbell Y Canty
Y Carter Chambless
YChannell
Y ChUders Y Coker Y Coleman, B
Y Coleman, T Connell
Y Crawford Y Crews
Y Culbreth Y CuoQmings
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
Felton
Y Floyd Y Godbee Y Golden YGoodwin
Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley Ylrvin
James Y Jamieson

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
Lifsey YLord Y Lucas Y Maddox
Mann Y Martin Y McBee Y McCall
McClinton McKinney

Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller
Y O'Neal Y Orrock YParham Y Parrish Y Parsons
Y Pelote Y Perry
Pinholster Y Polak Y Ponder
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall
Y Randolph YRay Y Reaves Y Reichert

THURSDAY, FEBRUARY 15, 1996

1041

Roberta Y Rogers Y Royal
Sanders YSauder
Scoggins Y Shanahan YShaw YSherrill
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
Tumquest Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson

Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

HB 1287.

By Representatives Sherrill of the 62nd, Shanahan of the 10th, Jenkins of the 110th, Polak of the 67th, Randall of the 127th and others:
A bill to amend Chapter 3 of Title 41 of the Official Code of Georgia Anno tated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial drug related activity occurs may be declared a nuisance.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial drug related activity occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activity; to provide for an action to enjoin such nuisance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, is amended by inserting immediately following Code Section 41-3-1 the following:
"41-3-1.1.
(a) As used in this Code section, the term: (1) 'Drug related indictment' means an indictment by a grand jury for an offense involving violation of Code Section 16-13-30; provided, however, that any such indict ments which result directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related indictment for purposes of this Code section. (2) 'Substantial drug related activity' means activity resulting in six or more separate incidents resulting in drug related indictments involving violations occurring within a 12 month period on the same parcel of real property.
(b) Any owner of real property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter. (c) The owner of real property shall be deemed to have actual knowledge of substantial drug related activity occurring on a parcel of real property if the district attorney of the county in which the property is located notifies the owner in writing of three or more separate incidents within a 12 month period which result in drug related indictments

1042

JOURNAL OF THE HOUSE,

and after the receipt of such notice and within 12 months of the first of the incidents resulting in a drug related indictment which are the subject of such notice three or more separate incidents occur which result in drug related indictments."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 41-3-2, relating to actions to enjoin nuisances, and inserting in lieu thereof the following:
"41-3-2. Whenever a nuisance is kept, maintained, or exists, as defined in Code Section 41-3-1 or 41-3-1.1, the district attorney or any private citizen of the county may maintain an action in the name of the state upon the relation of such district attorney or private citi zen to enjoin said nuisance perpetually, the person or persons conducting or maintaining the same, and the owner or agent of the building, structure, or place, and the ground itself in or upon which such nuisance exists. In an action to enjoin a nuisance, the court, upon application therefor alleging that the nuisance complained of exists, shall order a temporary restraining order or an interlocutory injunction as provided in Code Section 9-11-65."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Walker of the 87th moves to amend the Committee substitute to HB 1287 as follows: On line 25, page 1 strike "six" and add "four" On line 7, page 2 strike "three" and add "two"
On line 12, page 2 strike "three" and add "two".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Alien Anderson
Y Ashe N Bailey N Baker N Bannister
Barfoot Bargeron N Barnard N Barnes N Bates N Benefield NBirdsong N Bordeaux Bostick Breedlove Y Brooks, D N Brooks, T Y Brown, J Brush NBuck NBuckner NBunn YBurkhalter N Byrd Y Campbell N Canty Carter Chambless N Channell

Childers N Coker
Y Coleman, B Coleman, T Connell
Y Crawford Y Crews Y Culbreth N Cummings Y Davis, G Y Davis, M Y Day
DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs
Ehrhart N Epps N Evans Y Falls N Pelton N Floyd N Godbee N Golden Y Goodwin
Greene N Grindley
Hanner

Y Harbin Y Harris
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
Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones N Joyce Y Kaye N Kinnamon Y Klein N Ladd Y Lakly N Lane N Lawrence N Lee N Lewis

Y Lifsey N Lord
N Lucas N Maddoi
Mann N Martin N McBee
McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham
Parrish N Parsons N Pelote N Perry Y Pinholster N Polak N Ponder N Porter
Poston N Powell N Purcell, A
Purcell, B

N Randall N Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal
Sanders Y Sauder
Scoggins N Shanahan N Shaw N SherrUl Y Shipp N Simpson N Sinkfield
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 N Snelling Y Snow N Stallings N Stancil, F

THURSDAY, FEBRUARY 15, 1996

1043

Y Stancil, S N Stanley, L
N Stanley, P N Stephenson NStreat N Taylor

Teague NTeper
N Thomas NTillman Y Titus Y Towery

YTrense Turnquest
NTwiggs N Walker, L Y Walker, R.L YWall

N Watson N Watts Y Westmorland N Whitaker N White Y Wiles

On the adoption of the amendment, the ayes were 52, nays 99. The amendment was lost.

Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Evans of the 28th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:

Representative Sherrill of the 62nd moves to amend the Committee substitute to HB 1287 as follows:
Page 2, line 9, between "and" and "after" add ",".
Page 2, line 12, between "notice" and "three" add ",".

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 Alien Y Anderson Y Ashe Y Bailey
Y Baker Y Bannister
Barfoot Bargeron Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T 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 Connell 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 Diion, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard YHeckstall Y Hegstrom Y Hembree YHenson 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddoi
Mann Y Martin
Y McBee YMcCall Y McClinton Y McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Ponder Y Porter YPoston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert N Roberts Y Rogers Y Royal
Sanders Y Sauder
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

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 Street Y Taylor
Y Teague YTeper
Y Thomas YTiUman Y Titus Y Towery YTrense
Turnquest YTwiggs 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

1044

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 853. By Representative Coleman of the 142nd:
A resolution authorizing the conveyance of certain state owned real property located in Dodge County.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Dodge County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of two certain parcels of real property located in Eastman, Dodge County, Georgia; and
WHEREAS, said real properties are all those tracts or parcels of land designated "A" and "B" lying and being in Dodge County, Georgia, as follows:
PARCEL "A" containing 4 acres of land, located in Land Lot 6825 of the 15th Land District of Dodge County, more particularly described on that certain plat of survey entitled "Proposed Acquisition by the State of Georgia" prepared by Olin J. McLeod, Georgia Registered Land Surveyor No. 2259, dated April 23, 1967, and on file in the offices of the State Properties Commission; and
PARCEL "B" containing 4.28 acres of land, located in Land Lot 6825 of the 15th Land District of Dodge County, more particularly described on that certain plat of survey entitled "Proposed Acquisition by the State of Georgia" prepared by Olin J. McLeod, Georgia Registered Land Surveyor No. 2259, date June 2, 1990, and on file in the offices of the State Properties Commission; and
WHEREAS, said property is under the custody of the Department of Technical and Adult Education for use as a satellite campus of Heart of Georgia Technical Institute specializing in aircraft technology; and
WHEREAS, the Department of Technical and Adult Education is in the process of con structing a new aircraft technology building at the Dodge County Airport; and
WHEREAS, upon completion of the new aircraft technology building, said parcel will not be utilized by the Department of Technical and Adult Education or the State of Georgia and will therefore be surplus to its needs; and
WHEREAS, the Dodge County-Eastman Development Authority is desirous of obtaining the subject property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the State of Georgia is the owner of the 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 shall be conveyed by appropriate instrument to the Dodge County-Eastman Development Authority by the State of Georgia, acting by and

THURSDAY, FEBRUARY 15, 1996

1045

through the State Properties Commission, for the consideration of $10.00 so long as the property is used for the purposes of the authority as authorized by law 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 3.
That, if the Dodge County-Eastman Development Authority determines the need to con vey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall first approve both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the Treasury of the State of Georgia.
SECTION 4.
That the authorization in this resolution to convey the above-described property to the Dodge County-Eastman Development Authority shall expire three years after the date that this resolution becomes effective.
SECTION 5.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dodge County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8.
That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe
Y Bailey Y Baker Y Bannister
Barfoot
Bargeron Y Barnard Y Bames Y Bates
YBenefield Y Birdsong Y Bordeaux YBostick YBreedlove Y Brooks, D Y Brooks, T

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 YColeman, B Y Coleman, T
Connell Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M Y Day Y DeLoach, B
Y DeLoach, G Y Dix Y Diion, H Y Diion, S
Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd

Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Manner Y Harbin
Y Harris Y 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 Jones Y Joyce Y Kaye Y Kinnamon
Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis

1046

JOURNAL OF THE HOUSE,

YLifsey YLord Y Lucas Y Maddoi YMann Y Martin
YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Moeley Y Mueller YO'Neal YOrrock
YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A
Purcell, B
YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts

Y Rogers Y Royal
Sanders Y Sauder
Scoggins Y Shanahan YSbaw Y Sherrill YShipp 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
Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson YStreat Y Taylor
YTeague YTeper Y Thomas YTillman Y Titus Y Towery

Y Trense Turnquest
YTwiggs
Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts
Y Westmorland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1283. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend Code Section 31-7-75.1 of the Official Code of Georgia Anno tated, relating to the requirement that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, so as to provide for an exception to such requirement when the hospital purchaser by contract agrees to fund commensurate indigent care.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-7-75.1 of the Official Code of Georgia Annotated, relating to the requirement that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, so as to provide for an exception to such requirement when the hospital purchaser by contract agrees to fund commensurate indigent care; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-7-75.1 of the Official Code of Georgia Annotated, relating to the require ment that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) This Code section shall not apply to the following actions: (1) a A reorganization or restructuring] ad shaH net apply te (2) any Any sale of a hospital, or the proceeds from that sale, made prior to the date this Code section becomes effective April 2. 1986; and (3) Any sale or lease of a hospital when the purchaser or lessee pledges, by written contract entered into concurrently with such purchase or lease, to provide an amount of hospital care equal to that which would have otherwise been available pursuant to subsections (a), (b), and (c) of this Code section for the indigent residents of the polit ical subdivisions which owned the hospital, by which the hospital authority was acti vated, or for which the authority was created. However, the exception to this Code section provided by this paragraph shall only apply to:

THURSDAY, FEBRUARY 15, 1996

1047

(A) Hospital authorities that operate a licensed hospital pursuant to a lease from the county which created the appropriate authority; and (B) Hospitals that have a bed capacity of more than 150 beds; and (C) Hospitals located in a county in which no other medical-surgical licensed hospi tal is located; and (D) Hospitals located in a county having a population of less than 45,000 according to the United States decennial census of 1990; and (E) Hospitals operated by a hospital authority that entered into a lease-purchase agreement between such hospital and a private corporation prior to July lj 1997."
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 Alien Y Andersen
YAshe Y Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnard YBarnes Y Bates Y Benefield YBirdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Brush YBuck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChanneU Y Cbilders Y Coker Y Coleman, B Y Coleman, T
Connell
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 YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd
YGodbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner
Y Harbin
Y Harris
Y Heard Hecks tall
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 YLakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord N Lucas Y Maddox
Mann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons
Y Pelote Y Perry
Y Pinholster Y Polak Y Ponder
Y Porter YPoston Y Powell Y Purcell, A
Purcell, B NRandall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal
Sanders Y Sauder
Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp
Y Simpson N Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F
Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Street Y Taylor YTeague Y Teper N Thomas
Tfflman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson
Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yatea
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1400.

By Representative Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to make the definition of "telemarketing" consistent with federal law; to provide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities.

1048

JOURNAL OF THE HOUSE,

The following substitute, offered by Representative Watson of the 139th was read and adopted:

A BILL
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to make the definition of "telemarketing" consistent with federal law; to pro vide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities; to provide for investi gations and enforcement; to provide for the powers and authority of enforcement officers; to change the provisions relating to civil or equitable remedies by individuals; to authorize certain actions as a result of violations of Chapter 5B of this title or certain violations of this part; to provide for penalties; to change certain penalty provisions relating to viola tions of Chapter 5B of this title; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, so as to provide for penalties with respect to theft committed while engaged in telemarketing or if telemarketing conduct is in violation of Chapter 5B of Title 10; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade is amended by adding between Code Sections 10-1-393.4 and 10-1-394 a new Code Section 10-1-393.5 to read as follows:
"10-1-393.5.
(a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under 16 Code of Federal Regulations Part 310, the Telemarketing Sales Rule of the Federal Trade Commission, except that the term 'telemarketing' shall also include those calls made in intrastate as well as interstate commerce. (b) Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, it shall be an unlawful, unfair, and deceptive trade practice under this part to commit any offense involving theft under Code Sections 16-8-2 through 16-8-9 while engaging in telemarketing or while engaging in any activity on the internet or any similar computerized system which individuals connect to by use of a computer and a modem. (c) In addition to any civil penalties under this part, any person who violates subsection (b) of this Code section with intent to commit any theft under Code Sections 16-8-2 through 16-8-9 shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. (d) Any person who intentionally targets an elder or disabled person, as defined in Arti cle 31 of this chapter, in a violation of subsection (b) of this Code section shall be sub ject to double the applicable civil and criminal penalties for such violation or offense. (e) Persons employed full time or part time for the purpose of conducting telemarketing investigations under this Code section shall be designated as certified peace officers, and any person so designated shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this Code section, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the train ing required for peace officers by that chapter. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this Code section."

THURSDAY, FEBRUARY 15, 1996

1049

SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 10-1-399, relating to civil or equitable remedies by individuals, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who suffers injury or damages as a result of a violation of Chapter 5B of this title, as a result of consumer acts or practices in violation of this part, as a result of office supply transactions in violation of this part or whose business or property has been injured or damaged as a result of consumer aets er practices er as a resttlt ef- office supply transactions in violation ef this part such violations may bring an action individ ually, but not in a representative capacity, against the person or persons engaged in such unlawful consumer acts ef practices er auch unlawful office supply transactions viola tions under the rules of civil procedure to seek equitable injunctive relief and to recover his general and exemplary damages sustained as a consequence thereof in any court hav ing jurisdiction over the defendant; provided, however, exemplary damages shall be awarded only in cases of intentional violation. Notwithstanding any other provisions of law, a debtor seeking equitable relief to redress an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, upon facts alleged showing a likelihood of success on the merits, may not, within the discretion of the court, be required to make a tender. Nothing in this subsection or paragraph (20) of subsection (b) of Code Section 10-1-393 shall be construed to interfere with the obligation of the debtor to a lender who is not in violation of paragraph (20) of subsection (b) of Code Section 10-1-393. A claim under this Code section may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person."
SECTION 3. Said title is further amended by striking in its entirety Code Section 10-5B-6 relating to penalties for violation of Chapter 5B of such title relating to deceptive, fraudulent, or abu sive telemarketing, and inserting in lieu thereof a new Code Section 10-5B-6 to read as follows:
"10-5B-6.
(a) Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by tt See ef net mere than JptoojUUu.uu o? impn9onincirt tor HOT less ttisri ORC RO? HIOFC tn&n live ye&FSj of oo*ft &s described under subparagraph (a) (4) (A) of Code Section 16-8-12. (b) Any person who suffers injury or damages as a result of a violation of this chapter may bring an action and may recover under Code Section 10-1-399, relating to private rights of action. (c) Any person who intentionally targets an elder or disabled person, as definded in Article 31 of Chapter 1 of this title, in a violation of this chapter shall be subject to double the applicable civil and criminal penalties for such violation or offense. {b>(d) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law."
SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, is amended by striking in its entirety subparagraph (a) (4) (A) and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(4)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft was com mitted while engaged in telemarketing as defined under Code Section 10-1-393.5 or telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a sec ond offense under this paragraph shall be punished by imprisonment for not less than three years nor more than 20 years, no portion of which may be suspended,

1050

JOURNAL OF THE HOUSE,

probated, deferred, or withheld; and any person who is convicted of a third offense under this paragraph shall be punished by imprisonment for not less than ten years nor more than 20 yews, no portion of which may be suspended, probated, deferred, or withheld."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson YAshe Y Bailey
Baker Y Bannister
Barfoot Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter Y Chambless Y Channel! Y Childers
Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Y Diion, H Y Diion, S YDobbs YEhrhart YEpps
Evans Y Falls
Felton
Y Floyd YGodbee Y Golden Y Goodwin
Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard
Hecks tall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
Mann Y Martin Y McBee YMcCall Y McClinton
Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Pinholster YPolak
Ponder 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 Y Sauder
Scoggins YShanahan YShaw Y Sherrill YShipp 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
Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas YTillman 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 YYates
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 1338. By Representatives Williams of the 114th, Ehrhart of the 36th and Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Patient Protection Act".

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 15, 1996

1051

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Patient Protection Act"; to state legislative findings; to define terms; to pro vide for certification and regulation of managed health care plans by the Commissioner of Insurance; to require certain disclosures to enrollees in such plans; to specify certain stan dards with respect to access to health care services by enrollees; to specify certain stan dards with respect to quality assurance programs of such plans; to prohibit financial incentives which limit medically necessary and appropriate care; to prohibit plans from terminating the employment of or otherwise penalizing a physician or health care provider for advocating medically appropriate health care; to specify standards for accuracy and confidentiality of patient records; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Chapter 20 a new Chapter 20A to read as follows:
"CHAPTER 20A
33-20A-1. This chapter shall be known and may be cited as the 'Patient Protection Act.'
33-20A-2. (a) The General Assembly finds and declares that it is a vital government concern that the citizens of the State of Georgia have access to quality health care services and that informed consumers will be better able to identify and select plans that offer quality health care services if they are provided specific information before they enroll in health care plans. As the health care market becomes increasingly dominated by health care plans that use managed care techniques that include decisions as to the appropriateness of care, the General Assembly finds and declares that it is a vital government function to protect patients from managed care practices which have the effect of denying or lim iting appropriate care. The General Assembly further finds that it is the public policy of the State of Georgia that physicians and health care providers be encouraged to advo cate for medically appropriate health care for their patients. (b) To achieve these ends, the General Assembly declares it necessary for the Commis sioner of Insurance to certify qualified managed care plans to conduct business in the State of Georgia and .for the Commissioner of Insurance to establish standards for such certification.
33-20A-3. As used in this chapter, the term:
(1) 'Commissioner' means the Commissioner of Insurance. (2) 'Emergency services' or 'emergency care' means those health care services that are provided in a hospital emergency facility after the sudden onset of a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, so that the absence of immediate attention could reasonably be expected by a prudent layperson, who possess average knowledge of health and medicine, to result in:
(A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (3) 'Health care provider' or 'provider' means any physician, dentist, podiatrist, phar macist, optometrist, psychologist, clinical social worker, advanced nurse practitioner, registered optician, licensed professional counselor, physical therapist, marriage or family counselor, chiropractor, occupational therapist, or physician's assistant. (4) 'Limited utilization incentive plan' means any compensation arrangement between the plan and a physician or provider group that may directly or indirectly have the

1052

JOURNAL OF THE HOUSE,

effect of reducing or limiting services provided with respect to individuals enrolled in the plan. (5) 'Managed care contractor' means a person who:
(A) Establishes, operates, or maintains a network of participating providers; (B) Conducts or arranges for utilization review activities; and (C) Contracts with an insurance company, a hospital or medical service plan, an employer, an employee organization, or any other entity providing coverage for health care services to operate a managed care plan. (6) 'Managed care entity' includes a licensed insurance company, hospital or medical service plan, health maintenance organization, health care corporation, and employer or employee organization or managed care contractor that operates a managed care plan. (7) 'Managed care plan' means a plan operated by a managed care entity that pro vides for the financing and delivery of health care services to persons enrolled in such plan through: (A) Arrangements with selected providers to furnish health care services; (B) Explicit standards for the selection of participating providers; and (C) Financial incentives for persons enrolled in the plan to use the participating providers and procedures provided for by the plan; provided, however, that the term 'managed care plan' does not include workers' com pensation insurance. (8) 'Out of network' or 'point of service' refer to health care items or services provided to an enrollee by providers who do not belong to the provider network in the managed care plan. (9) 'Provider network' means, with respect to a health plan that restricts access, those providers who have entered into a contract or agreement with the plan under which such providers are obligated to provide items and services in the benefits package to eligible individuals enrolled in the plan or who have an agreement to provide services on a fee-for-service basis. (10) 'Qualified managed care plan' means a managed care plan that the Commissioner certifies, upon application by the program, as meeting the requirements of this chap ter.
33-20A-4. (a) Prior to offering a managed care plan to any resident in Georgia, a managed care entity must first obtain a certificate from the Commissioner of Insurance indicating that such managed care plan meets the requirements of this chapter. The Commissioner may impose such costs on managed care entities as deemed necessary to carry out the provi sions of this chapter. (b) The Commissioner shall establish procedures for the periodic review and recertification of qualified managed care plans. (c) The Commissioner shall terminate the certification of a qualified managed care plan if the Commissioner determines that such plan no longer meets the applicable require ments for certification. Before effecting a termination, the Commissioner shall provide the plan with notice and opportunity for a hearing on the proposed termination. (d) The Commissioner may establish a process for certification through alternative methods providing that:
(1) An eligible organization, as defined in Section 1876(b) of the federal Social Secu rity Act, shall be deemed to meet the requirements of subsection (b) of this Code sec tion for certification as a qualified managed care plan; or (2) The Commissioner may find that a national accreditation body establishes requirements for accreditation of a managed care plan that are at least equivalent to the requirements established under this chapter.
33-20A-5. The Commissioner shall establish standards for the certification of qualified managed care plans that conduct business in this state. Such standards must include the following provisions:

THURSDAY, FEBRUARY 15, 1996

1053

(1)Disclosure to enrollees. A managed care entity shall disclose in clear, accurate, and standardized form information regarding all of the following for each plan it offers:
(A) Benefits under the plan offered as well as exclusions from coverage; (B) Rules regarding prior authorization or other review requirements that could result in nonpayment; (C) Potential liability for cost-sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary; (D) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket losses for items and services (both in and out of network); (E) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request; (F) Statistics on enrollees' satisfaction with the product and organization, including rates of reenrollment; (G) Enrollee rights and responsibilities, including the grievance process provided under this chapter; (H) A statement that the use of the 911 emergency telephone number is appropri ate in emergency situations and an explanation of what constitutes an emergency situation; (I) The existence of any limited utilization incentive plans that have the effect of
reducing or limiting services; (J) The existence of restrictive formularies or prior approval requirements for pre scription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; and
(K) The existence of limitations on choices of health care providers. Such information shall be disclosed to each enrollee under this chapter at the time
of enrollment and at least annually thereafter; (2)Access to services. A managed care plan must demonstrate that its plan:
(A) Makes benefits available and accessible to each individual electing the product within the product service area with reasonable promptness and in a manner which
assures continuity in the provision of benefits; (B) When medically necessary makes such benefits available and accessible 24
hours a day and seven days a week; and (C) Provides for reimbursement with respect to emergency services and with respect
to other services which are provided to an eligible enrollee other than through the
organization, if: (i) The services were medically necessary and immediately required because of an
unforeseen illness, injury, or condition; and (ii) It was not reasonable given the circumstances to obtain the services through
the organization; and (3)Quality assurance program. A managed care plan shall comply with the following
requirements: (A) A managed care entity must have arrangements, established in accordance with
regulations of the Commissioner, for an ongoing quality assurance program for
health care service it provides to such individuals; and (B) The quality assurance program shall:
(i) Provide for a utilization review program which:
(I) Stresses health outcomes; (II) Provides for the establishment of written protocols for utilization review,
based on current standards of the relevant health care profession; (III) Provides review by physicians and appropriate health care providers of the
process followed in the provision of such health care services; (IV) Monitors and evaluates high volume and high risk services and the care
of acute and chronic conditions; (V) Evaluates the continuity and coordination of care that enrollees receive;
and

1054

JOURNAL OF THE HOUSE,

(VI) Has mechanisms to detect both underutilization and overutilization of ser vices; and (ii) Establish a grievance procedure which provides the patient with a prompt and meaningful hearing on the issue of denial, in whole or in part, of coverage. Any hearing officer who hears a grievance based upon the denial of coverage shall be of the same profession as the health care provider whose services were not cov ered. Any panel which hears a grievance based upon the denial of coverage shall be composed of a majority of the same profession as the health care provider whose services were not covered.
33-20A-6. A managed care plan may not use a financial incentive program that limits medically necessary and appropriate care, and any use of such a program shall constitute grounds for denial or termination of certification under this chapter.
33-20A-7. The application and rendering by any person of a decision to terminate an employment or other contractual relationship with or otherwise penalize a physician or a health care provider principally for advocating for medically appropriate health care for his or her patient, consistent with that degree of learning and skill ordinarily possessed by reputa ble physicians or health care providers practicing in the same or a similar locality and under similar circumstances, shall constitute grounds for denial or termination of certifi cation under this chapter.
33-20A-8. Each managed care plan shall establish procedures to safeguard the privacy of individu ally identifiable enrollee information and to maintain accurate and timely records for enrollees. Failure to establish or follow established procedures shall constitute grounds for denial or termination of certification under this chapter."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien YAnderson Y Ashe Y Bailey Y Baker Y Bannister
Barfoot
Bargeron Y Barnard
Y Barnes Y Bates YBenefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, J Y Brush Y Buck YBuckner Y Bunn YBurkhalter Y Byrd Y Campbell

N Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B
Y Coleman, T Y Connell
Y Crawford Crews
Y Culbreth
Y Cummings Y Davis, G Y Davis, M Y Day
YDeLoach, B YDeLoach, G YOU Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Falls

Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Y Banner Y Harbin
Y Harris 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
Jenkins Y Johnson, G Y Johnson, J

Y Johnaton 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 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 Pinholster
Y Polak Y Ponder 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
Sanders Y Sauder

THURSDAY, FEBRUARY 15, 1996

1055

Scoggins YShanahan YShaw Y Sherrill YShipp YSimpson YSinkHeld 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 Smyie Y Snelling Y Snow Y Stallings Y Stancil, F

Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman

Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
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, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 986. By Representatives Walker of the 141st, Watson of the 139th, Floyd of the 138th, Ray of the 128th, Hudson of the 156th and others:
A resolution commending Ms. Hillary Smith and inviting her to appear before the House of Representatives.

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1375 Do Pass, by Substitute HR 981 Do Pass
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1442 Do Pass, by Substitute HB 1504 Do Pass, by Substitute

HB 1603 Do Pass HB 1636 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

1056

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1295 Do Pass, by Substitute HB 1479 Do Pass, by Substitute HB 1537 Do Pass, by Substitute
Respectfully submitted, 1*1 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1682 Do Pass, by Substitute HR 987 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1258 Do Pass, by Substitute HB 1369 Do Pass, by Substitute HB 1546 Do Pass HR 805 Do Pass HR 811 Do Pass HR 832 Do Pass, as Amended

HR 969 Do Pass HR 982 Do Pass SB 591 Do Pass, by Substitute SR 384 Do Pass SR 385 Do Pass

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 of the Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 15, 1996

1057

SB 550 Do Pass, by Substitute SB 641 Do Pass SB 672 Do Pass, by Substitute

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 667 Do Pass, by Substitute HB 825 Do Pass, by Substitute HB 915 Do Pass HB 1566 Do Pass

HB 1589 Do Pass, by Substitute HB 1614 Do Pass HB 1638 Do Pass, by Substitute HR 991 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

Pursuant to HR 1019, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 19, 1996.

1058

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 19, 1996

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:

Anderson Ashe
Baker Bannister Barfoot Baraes Bates Benefield Birdsong Bostick Breedlove
Brooks, T Brown, J Buck Buckner Bunn Burkhalter Byrd Campbell Carter Chambless Channell Childere Coker Coleman, B Coleman, T Connell Crawford Crews Culbreth

Cummings Davis, M
Day DeLoach, B
DeLoach, G Dii Dixon, H Dixon, S
Dobbs Ehrhart
Epps Evans Felton
Floyd God bee Golden Good win
Greene Grindley Hanner Harbin Harris Heard Hembree HoUand Holmes Howard Hudson Hugley Irvin

James Jamieson Jenkins Johnson, G
Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Maddoi Mann Martin McBee McCall McClinton McKinney Mills Mobley, B Mobley, J Mosley Mueller

O'Neal Par ham Parrish Parsons Pelote Perry Pinholster Ponder Porter Poston PoweU Ray Reichert Roberts Rogers Royal Sauder Shanahan Shaw Sherrill
Shipp Simpson Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V

Smith, W Snelling Snow
S tailings Stancil, F
Stancil, S Stanley, L Stanley, P Stephenson Streat Teper Thomas Tillman Titus Towery Trense Walker, L Walker, R.L Wall Watson Watts Westmoreland Whitaker
White Wiles Williams, B
Williams, J Williams, R Woods Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Twiggs of the 8th, Randolph of the 72nd, Turnquest of the 73rd, Canty of the 52nd, Davis of the 48th, Scoggins of the 24th, Lucas of the 124th, Bailey of the 93rd, Purcell of the 147th, Hegstrom of the 66th, Purcell of the 9th, Yates of the 106th, Sanders of the 107th, Alien of the 117th, Teague of the 58th, Heckstall of the 55th, Taylor of the 134th, Smyre of the 136th, Orrock of the 56th, Brush of the 112th, Reaves of the 178th, Brooks of the 103rd and Polak of the 67th.
They wish to be recorded as present.

Prayer was offered by the Reverend Donald L. Adams, Pastor, Statesboro First United Methodist Church, Statesboro, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

MONDAY, FEBRUARY 19, 1996

1059

Pursuant to Rule 58, Representative McKinney of the 51st served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Committee on Legislative and Congressional Reapportionment to report the following Bill back to the House:

HB 1144.

By Representative McKinney of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and pri maries generally, so as to provide definitions and descriptions for use in des ignating congressional districts; to provide for the description of congressional districts; to provide for the election of members of Congress.

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 1726. By Representatives Floyd of the 138th and Walker of the 141st:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relative to the compensation of the chairper son and other members of said board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1727. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Shipp of the 38th:
A bill to repeal an Act creating the State Court of Cherokee and Forsyth Counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1728. By Representative Parham of the 122nd:
A bill to amend Code Section 10-1-662 of the Official Code of Georgia Anno tated, relating to unlawful motor vehicle franchisor practices, so as to pro hibit franchisors from conducting audits of or basing decisions adverse to a dealer on activity or transactions more than two years old; to prohibit a franchisor from canceling a franchise under certain circumstances.
Referred to the Committee on Motor Vehicles.

HB 1729. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Evans of the 28th:
A bill to create the State Court of Cherokee County.
Referred to the Committee on State Planning & Community Affairs - Local.

1060

JOURNAL OF THE HOUSE,

HB 1730. By Representative Harbin of the 113th:
A bill to amend Code Section 7-1-1001 of the Official Code of Georgia Anno tated, relating to exemptions from the licensing requirements for mortgage brokers and lenders, so as to provide for an exemption for remodelers, build ing contractors, and similar persons or entities.
Referred to the Committee on Banks & Banking.

HB 1731. By Representative Harbin of the 113th:
A bill to amend Code Section 10-1-622 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding motor vehicles franchise practices, so as to change the definition of motor vehicle; to provide for applicability only to franchise agreements made, entered into, renewed, con tinued, or extended on or after July 1, 1996.
Referred to the Committee on Motor Vehicles.

HB 1732. By Representatives Polak of the 67th, Murphy of the 18th, Walker of the 141st, Lee of the 94th, Holmes of the 53rd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, known as the "Ethics in Government Act," Chapter 1 of Title 28 of the Official Code of Georgia Annotated, and Chapter 13 of Title 45 of the Official Code of Georgia Annotated, so as to provide that certain campaign contribution disclosure reports, financial disclosure reports, and lobbyist dis closure statements are filed in electronic form.
Referred to the Committee on Rules.

HB 1734. By Representatives Baker of the 70th, Teper of the 61st, Henson of the 65th, Turnquest of the 73rd and Lawrence of the 64th:
A bill to amend Code Section 43-14-13 of the Official Code of Georgia Anno tated, relating to the applicability of Chapter 14 of Title 43 pertaining to electrical contractors, plumbers, conditioned air contractors, low-voltage con tractors, so as to provide that such chapter shall not apply to the installation, alteration, or repair of manhole rings, covers, or valve boxes due to road con struction and repair.
Referred to the Committee on Industry.

HB 1735. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to municipal corporations, so as to provide a statement of legislative intent; to provide that certain activity shall not be conducted within certain municipal corporations unless autho rized by the citizens.
Referred to the Committee on State Planning & Community Affairs.

HB 1737. By Representative Floyd of the 138th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties and municipal corpo rations, so as to provide for the acceptance of enumerated funds or instruments to satisfy a bond required by a local government as a prerequi site to doing business.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, FEBRUARY 19, 1996

1061

HB 1738. By Representative Coleman of the 142nd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, and Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to transfer cer tain criminal law enforcement functions from the Department of Transporta tion and the Public Service Commission to the Department of Public Safety.
Referred to the Committee on Public Safety.

HB 1739.

By Representatives Smith of the 175th, Murphy of the 18th, Walker of the 141st, Lee of the 94th and Stephenson of the 25th:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Anno tated, relating to campaign contribution disclosure reports, so as to require each political action committee to file with the Secretary of State disclosure reports listing certain contributions received by the political action commit tee.

February 19, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1739. This notice is made prior to or upon reading the bill the first time.
Is/ Charlie Smith, Jr. Representative 175th District
Referred to the Committee on Rules.

HB 1740. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1741. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an act creating the Perry Area Convention and Visitors Bureau Authority, so as to provide for an additional ex officio member of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1020. By Representative Pinholster of the 15th:
A resolution creating the Pickens County Property Tax Structure Study Committee.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1021. 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.
Referred to the Committee on State Institutions & Property.

1062

JOURNAL OF THE HOUSE,

HR 1035. By Representative Holland of the 157th:
A resolution creating the House Study Committee on Small Drinking Water Systems.
Referred to the Committee on Rules.

HR 1036. By Representative Smith of the 169th:
A resolution compensating Mr. William E. Smith, the Sheriff of Camden County.
Referred to the Committee on Appropriations.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 1754. By Representative Murphy of the 18th:
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 change provi sions relating to regional education service agencies.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1711 HB 1712 HB 1713
HB 1714 HB 1715 HB 1716
HB 1717 HB 1718
HB 1719 HB 1720 HB 1721
HB 1722 HB 1723 HB 1724
HB 1725

HB 1733 HB 1736 HR 1014
HR 1015 HR 1016 HR 1017
HR 1018 HR 1032
SB 574 SB 584 SB 636
SB 646 SB 675 SR 525
SB 667

Pursuant to Rule 52, Representative Lee of the 94th moved that the following Bill of the Senate be engrossed:

SB 667. By Senator Cheeks of the 23rd:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Anno tated, relating to contributions made to a candidate or campaign committee or for recall of a public officer, so as to change the provisions relating to per sons acting on behalf of a public utility corporation regulated by the Public Service Commission; to provide for an exception.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andereon
NAshe

Y Bailey Baker
Y Bannister

Y Baifoot Y Bargeron
E Barnard

Y Barnes Y Bates
Y Benefield

Birdsong Bordeaux
Y Bostick

MONDAY, FEBRUARY 19, 1996

1063

N Breedlove N Brooks, D Y Brooks, T N Brown, J
Brush Buck Y Buckner
NBunn N Burkhalter
YByrd N Campbell
Y Canty Y Carter Y Chambless YChannell Y Guilders N Coker N Coleman, B Y Coleman, T
Y Connell Crawford
N Crews N Culbreth Y Cummings Y Davis, G N Davis, M
Day DeLoach, B
N DeLoach, G NDix Y Diion, H Y Dixon, S
Y Dobbs

N Ehrhart Epps
N Evans E Falls N Felton Y Floyd YGodbee Y Golden N Goodwin Y Greene N Grindley Y Manner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree E Henson Y Holland
Holmes Howard Y Hudson Y Hugley NIrvin Y James Y Jamieson Jenkins N Johnson, G N Johnson, J N Johnston
Y Jones N Joyce

NKaye Y Kinnamon N Klein NLadd NLakly YLane N Lawrence YLee Y Lewis N Lifsey YLord Y Lucas N Maddox N Mann Y Martin Y McBee YMcCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPolak

Y Ponder Y Porter NPoston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal
Sanders
Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
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 N Smith, W
Smyre N Snelling

YSnow Y StaUings Y Stancil, F
N Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat
Taylor YTeague YTeper Y Thomas Y Tillman N Titus
Towery NTrense
Tumquest YTwiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmorland Y Whitaker
White N Wiles N Williams, B
Williams, J Williams, R N Woods Yates Murphy, Spkr

On the motion, the ayes were 95, nays 50. The motion was lost.

Representative Walker of the 141st moved that the House reconsider its action in fail ing to engross SB 667.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Anderson
N Ashe Y Bailey Y Baker
Bannister
YBarfoot Bargeron
E Barnard YBaraes
Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J
Brush YBuck Y Buckner
N Bunn Burkhalter
YByrd N Campbell
Y Canty Y Carter Y Chambless YChannell Y Childers N Coker

N Coleman, B Y Coleman, T Y Connell
Crawford N Crews Y Culbreth Y Cununings Y Davis, G N Davis, M
Day DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans E Falls N Felton Y Floyd YGodbee Y Golden N Goodwin Y Greene N Grindley YHanner N Harbin N Harris Y Heard Y Heckstall

Y Hegstrom N Hembree E Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley NIrvin Y James Y Jamieson
Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly YLane N Lawrence
Lee Y Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin

Y McBee YMcCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Randall Y Randolph YRay Reaves Y Reichert Y Roberts Y Rogers Y Royal

N Sanders Sauder
Y Scoggins Y Shanahan YShaw YShenill
Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W YSmyre N Snelling
YSnow Y StaUings Y Stancil, F N Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas YTillman

1064

JOURNAL OF THE HOUSE,

NTitua N Towery N Trense Y Turnquest

YTwiggs Y Walker, L
N Walker, R.L
YWall

Y Watson Watte
N Westmorland Y Whitaker

White N WUes Y Williams, B
Williams, J

Williams, B N Woods
NYates
Murphy, Spkr

On the motion, the ayes were 105, nays 49. The motion prevailed.

On the motion to engross, the roll call was ordered and the vote was as follows:

Alien Y Anderson
N Ashe Y Bailey Y Baker
Bannister
YBarfoot YBargeron E Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux YBostick N Breedlove
N Brooks, D Y Brooks, T
N Brown, J Brush
YBuck Y Buckner NBunn
Burkhalter YByrd N Campbell
Y Canty Y Carter Y Chambless
Y Channel! Y Childera N Coker N Coleman, B Y Coleman, T
YConnell Crawford

N Crews N Culbreth Y Cummings
Y Davis, G N Davis, M
Day DeLoach, B N DeLoach, G NDix Y Diion, H Y Diion, S YDobbs N Ehrhart YEpps N Evans E Falls N Felton
Y Floyd YGodbee Y Golden NGoodwin YGreene N Grindley Y Banner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree E Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

NIrvin Y James
Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones
N Joyce N Kaye Y Kinnamon N Klein NLadd NLakly YLane N Lawrence YLee Y Lewis N Lifsey YLord Y Lucas N Maddoz NMann YMartin YMcBee YMcCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers
Y Royal N Sanders N Sauder Y Scoggins YShanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T
N Smith, V

N Smith, W YSmyre N Smelling
Snow
YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor YTeague YTeper Y Thomas YTillman N Titus N Towery N Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L YWall
Y Watson Y Watts N Westmorland Y Whitaker
White N Wiles
N Williams, B Williams, J Williams, R
N Woods NYates
Murphy, Spkr

On the motion, the ayes were 108, nays 52. The motion prevailed.

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1250 Do Pass HB 1366 Do Pass, by Substitute HB 1587 Do Pass, by Substitute HB 1626 Do Pass, by Substitute

HB 1627 Do Pass, by Substitute HB 1643 Do Pass HB 1644 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

MONDAY, FEBRUARY 19, 1996

1065

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1385 Do Pass, by Substitute HB 1591 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1565 Do Pass HB 1690 Do Pass HB 1691 Do Pass HB 1692 Do Pass HB 1693 Do Pass

HB 1695 Do Pass HB 1706 Do Pass HB 1707 Do Pass HB 1708 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 19, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 25th Legislative Day as enu merated below:
HB 1420 Birth cert; stamp deceased when death cert issued HB 1458 Conservation use property; family farm limited partnership HB 1486 Tax sale; redemption of property; amount payable HB 1496 Pharmacists; redefine clinic pharmacy HB 1498 Respiratory care professionals; continuing education HB 1518 Elections; amend provisions HB 1553 Ad valorem tax; standing timber; certain sales HB 1555 Controlled substances; trafficking; change penalties HB 1569 Family violence cases; certain fee assessment; prohibit HB 1583 DHR; nursing home surveys; disclosure
HR 770 Rules of House; add Rule 8.1 HR 792 Thomasville Reg YDC; designate Judge T J Loftiss II Regional YDC

1066

JOURNAL OF THE HOUSE,

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lakly of the 105th moved that HB 1707 be removed from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs - Local.
The motion prevailed.

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1565.

By Representative Walker of the 87th:
A bill to amend an Act entitled "An Act creating a Board of Commissioners of Walton County," so as to increase the dollar value of contracts into which the chairperson may enter without approval.

The report of the Committee, which was favorable to the passage of the Bill, was to.

HB 1691. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the sal ary system, so as to provide for the powers of the sheriff of Cherokee County regarding employment practices of that sheriffs office.

The report of the Committee, which was favorable to the passage of the Bill, was to.

HB 1706.

By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the solicitor of said court and the compen sation of said solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1708.

By Representative Lakly of the 105th:
A bill to amend an Act creating the Peachtree City Water and Sewerage Authority, so as to change a definition; to confer additional powers upon the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1690.

By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from ad valo rem taxes of the City of Rome independent school district for certain resi dents of that school district, so as to change the amount of the exemption.

MONDAY, FEBRUARY 19, 1996

1067

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1692.

By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1693. By Representatives Mills of the 21st, Stephenson of the 25th, Rogers of the 20th and Smith of the 19th:
A bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1695. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Alien Y Andereon Y Ashe Y Bailey Y Baker
Bannister Barfoot Y Bargeron E Barnard Baroes Y Bates YBenefield YBirdsong Y Bordeaux Boetick YBreedlove Y Brooks, D Y Brooks, T Y Brown, J

Brush Y Buck
Buckner Y Bunn
Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman. B
Coleman, T Y Connell
Crawford Y Crews Y Culbreth

Cummings Y Davis, G Y Davis, M Y Day
DeLoach, B Y DeLoach, G Y DU Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans E Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin

Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson
Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
James Y Jamieson Y Jenkins

Johnson, G Y Johnson, J Y Johnston Y Jones
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

1068
Y Martin YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley, B YMobley, J YMosley
Mueller O'Neal YOrrock Y Parham Y Parrish Y Parsons YPelote Y Perry

JOURNAL OF THE HOUSE,

Y Pinholster Y Polak Y Ponder 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 Sanders

Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre

Y Snelling Snow
Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense

Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J
Williams, R Woods Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 148, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 723. By Senator Middleton of the 50th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Union County shall be appointed by a majority vote of the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County; to provide for terms of office and vacancies; to repeal a specific Act; to provide for an effective date.

HB 1393. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to create the Lamar County Livestock and Agricultural Exposition Authority.

HB 1598. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.

SB 19. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th 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 for disclosure of the making and accepting of contributions and expenditures with respect to textbooks; to provide for definitions; to provide for the filing and contents of disclosure reports; to provide for fees; to provide for powers, duties, and authority of the State Ethics Commission.

MONDAY, FEBRUARY 19, 1996

1069

SB 542. By Senator Madden of the 47th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to licensing requirements and exceptions applicable to profes sional counselors, social workers, and marriage and family therapists, so as to provide an exception with respect to persons engaged in the practice of a specialty as an employee of the Department of Labor.

SB 645. By Senators Oliver of the 42nd, Perdue of the 18th and Ray of the 19th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for a grant program for public schools which are magnet or theme schools or offer extended school hours or school days; to provide for standards and procedures relating to such programs; to provide for use of appropriations.

SB 661. By Senator Edge of the 28th:
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 maxi mum amount which a payee may charge the maker of a check, draft, or order as a service charge; to provide for the provisions relating to written demand.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 19. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th 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 for disclosure of the making and accepting of contributions and expenditures with respect to textbooks; to provide for definitions; to provide for the filing and contents of disclosure reports; to provide for fees; to provide for powers, duties, and authority of the State Ethics Commission.
Referred to the Committee on Education.

SB 542. By Senator Madden of the 47th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to licensing requirements and exceptions applicable to profes sional counselors, social workers, and marriage and family therapists, so as to provide an exception with respect to persons engaged in the practice of a specialty as an employee of the Department of Labor.
Referred to the Committee on Health & Ecology.

SB 645. By Senators Oliver of the 42nd, Perdue of the 18th and Ray of the 19th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for a grant program for public schools which are magnet or theme schools or offer extended school hours or school days; to provide for standards and procedures relating to such programs; to provide for use of appropriations.
Referred to the Committee on Education.

1070

JOURNAL OF THE HOUSE,

SB 661. By Senator Edge of the 28th:
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 maxi mum amount which a payee may charge the maker of a check, draft, or order as a service charge; to provide for the provisions relating to written demand.
Referred to the Committee on Judiciary.

SB 723. By Senator Middleton of the 50th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Union County shall be appointed by a majority vote of the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County; to provide for terms of office and vacancies; to repeal a specific Act; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

The following communication was received:

State of Georgia Office of the Governor
Atlanta 30334-0900
MEMORANDUM
TO: House, Senate and Secretary of State
FROM: Mark H. Cohen
DATE: February 16, 1996
RE: Line Item Vetoes in House Bill 1186
Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1186:
Section 46, Page 44, last paragraph beginning, "In order to aid the Department in the discharge of its powers and duties..."
Section 56, Page 47
MHC:mc Attachment

GOVERNOR'S VETOES IN HOUSE BILL 1186
Section 46 pertaining to the Department of Transportation, page 44, lines 1980 through 1983:
HB 1186 authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum num ber of annual positions assigned by law. All executive branch agencies are legally autho rized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the specific number of positions in each bud get function is not specified in the Governor's budget recommendations to the General Assembly or in the annual appropriations act. Therefore, the language is unnecessary. This language has been vetoed previously.

MONDAY, FEBRUARY 19, 1996

1071

Section 56 pertaining to federal funds, page 47, lines 2084 through 2088:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language inhibits the State from accepting additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.
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 770. By Representatives Murphy of the 18th, Godbee of the 145th, Lee of the 94th, Kaye of the 37th and Irvin of the 45th:
A resolution amending the Rules of the House of Representatives.

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 Alien Y Anderson YAshe Y Bailey Y Baker
Bannister YBarfoot Y Bargeron E Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner YBunn
Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell Y Childers
Coker Y Coleman, B Y Coleman, T
Cornell Y Crawford

Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B
DeLoach, G YDix
Diion, H Dixon, S Dobbs YEhrhart
YEpps Y Evans E Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin Y Greene Y Grindley Y Manner
Harbin Y Harris Y Heard YHeckatall Y Hegstrom
Hembree YHenson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin James
Y Jamieson
Y Jenkins Johnson, G Johnson, J
Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd YLakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin YMcBee
McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder
Y Porter Y Poston Y Powell
Y Purcell, A Purcell, B Randall
Y Randolph YRay
Reaves Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Shanahan YShaw SherriU YShipp 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 Snow Y Stallings Y Stancil, F Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor Teague YTeper Y Thomas Tillman Y Titus Y Towery YTrense Turnquest 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, Spier

On the adoption of the Resolution, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Cummings of the 27th and Connell of the 115th 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.

1072

JOURNAL OF THE HOUSE,

HB 1518. By Representative Holmes of the 53rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt nonjudicial candidates in nonpartisan primaries or elections from filing notices of candidacy; to provide for registration of voters who are not county residents by deputy registrars.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt nonjudicial candidates in nonpartisan primaries or elections from filing nomina tion petitions; to provide for registration of voters who are not county residents by deputy registrars; to provide for deputy registrars who are the designees of principals or assistant principals of high schools and presidents of state supported technical institutes; to provide for the storing of registration cards in secure areas other than the main office of the board of registrars in certain circumstances; to provide for rules and regulations regarding the electronic transmission of voter registration applications and signatures; to provide for the validity of electronically transmitted signatures; to change the registration deadline for cer tain special primaries and special elections; to provide a deadline for the receipt of mail voter registration applications for certain special primaries and special elections; to provide a deadline for the receipt of mail voter registration applications for certain special pri maries and special elections; to eliminate the duty of the board of registrars to furnish data maintained on electors; to provide that the Secretary of State shall establish the cost for such data and to authorize the Secretary of State to contract with private vendors regarding such data; to provide for obtaining data regarding deaths from the commissioner of human resources; to change provisions relating to comparing the electors list with change of address information supplied by the postal service; to provide for the form of the ballot and ballot label as to nonjudicial candidates in nonpartisan primaries and elec tions; to revise the voter's certificate; to change provisions relating to assistance for physi cally disabled voters; to provide that a slate of presidential electors shall receive the highest number of votes cast to be elected; to change the date for filing notices of candi dacy for candidates in municipal elections nominated by petition; to clarify provisions relating to the delivery of a copy of the list of electors of a municipality by the county board of registrars; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (d) of Code Section 21-2-132, relating to notices of candi dacy, nomination petitions, qualifying fees, and pauper's affidavits, and inserting in lieu thereof the following:
"(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 immediately prior to the elec tion and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her 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

MONDAY, FEBRUARY 19, 1996

1073

incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomina tion petition as required by this chapter; (4) A candidate seeking nomination or election te the office of judge ef a state court, jud^je of ft superior couPt> Judge ot trie oourt or /\ppcftis, OP wusticc of toe ouprcme Court in a nonpartisan primary or election; 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."
SECTION 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and chief deputy registrars, and inserting in its place the following:
"(b) The board of registrars in each county may hire clerical help to assist them in their duties if the compensation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as dep uty registrars for the purpose of registering voters in the county and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed."
SECTION 3. Said title is further amended by striking in their entirety subsections (g) and (h) of Code Section 21-2-215, relating to the main office of the board of registrars, staffing, location, business hours, additional registration places, educators' duties, and digitization system for registration cards, and inserting in lieu thereof the following:
"(g) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, ef such president's dcaigncc, and the director ef each area vocational school the president of each state supported technical institute in this state^ and the designee of such principal, assistant principal, college or university president, or state supported technical institute president shall be a deputy registrar of the county in which the school, college, university, or institute is located for the purpose of receiving voter registration applications from ebtam and mate fivdildDie trie mflil voter PC^ISLPQIIOH ftpplicfttions provided tor MI t^odc ocction fii*fiTMo fe th purpose f registering as electors those qualified applicants who are enrolled stu dents within the principal's e* director's school or the president's collegej e* universityj or institute or who are employed by the private high school, the school system, e* the college or university2 or the state supported technical institute, notwithstanding the fact that such students or employees are not residents of the county in which the school, col lege, university, or institute is located. Such principals, assistant principals, presidentsz e* dcoignccs, ad directors and their designees shall inform their students and employees of the availability of such fens voter registration and shall provide reasonable and con venient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director president of each area vocational school state sup ported technical institute are authorized to invite other deputy registrars to the school, college, e* university^ or institute for the purpose of conducting voter registration, (h) The completed registration cards in the custody of the board of registrars and the other papers of the board of registrars shall be secured and maintained in the main office of the board of registrars, with the exception that completed registration cards may be retained temporarily at permanent additional voter registration places estab lished under this Code section but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day. However, in counties in which a computer system for the elec tronic imaging of the entire voter registration card or the signature of the voter is opera tional and permits the registrars to view the signature of the voter electronically, the completed registration cards may be stored in a secure area outside of the main office

1074

JOURNAL OF THE HOUSE,

of the board of registrars, provided that such cards may be retrieved within a reasonable time in the event that the actual card is needed."
SECTION 4. Said title is further amended by inserting in Code Section 21-2-221, relating to the driver's license or identification application as application for voter registration, a new subsection to be designated subsection (h) to read as follows:
"(h) The Secretary of State and the commissioner of public safety shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written signature and shall be recognized as such in any matter concerning the voter registration application."
SECTION 5. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, the official list of electors, and the voting procedure when county boundaries are changed, and inserting in lieu thereof the following:
"(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 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; except that:
(1) 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 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 dey fifth Monday prior to the date of the special primary or election or, if such thirty-firat 4ay 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, or 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 special 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 elec tions."
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, limitations on registration data available for public inspection, and data made available by the Secretary of State, and inserting in its place the following:
"(c) It shall be the duty of the Secretary of State and tfee bea*d ef- registrars to furnish copies of such data as may be collected and maintained on electors whose names appear

MONDAY, FEBRUARY 19, 1996

1075

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 electronic media or computer run list or both. !Fhe Notwithstanding any other provision of law to the contrary, the Secretary of State shall establish the cost to be charged for such lists data. The Secretary of State may contract with private vendors to make such data avail able in accordance with this subsection. Such data may not be used by any person for commercial purposes."
SECTION 7. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons and removal of names from the list of electors, and inserting in its place the following:
"(c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as pre scribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics."
SECTION 8. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-233, relating to the comparison of the electors list with change of address information supplied by the postal service and notice to electors, and inserting in its place the follow ing:
\&) DG^IIIDIXI^ tR iyyfej dufin VAC rn.ont.ri ot ufl.nu.flpy ift oocri ycsr except ft yeflF tw which a presidential preference primary is te be conducted and- during- the month- efMarch is years which a presidential preference primary is te be conducted, th The Secretary of State shall is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed."
SECTION 9. Said title is further amended by striking in its entirety Code Section 21-2-284.1, relating to nonpartisan primaries for judicial offices, and inserting in its place the following:
"21-2-284.1.
The names of all candidates seeking nomination in the nonpartisan primary for the office ef judge ef a state court, judge ef a superior court, Judge -of 4he Court f Appcala, ef Justice ef the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be sep arated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan pri mary for judgca to have printed in prominent type the words 'OFFICIAL NONPARTI SAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (u) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alpha betical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he or she then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his or her name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the

1076

JOURNAL OF THE HOUSE,

nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party bal lot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superin tendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his or her name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office."
SECTION 10. Said title is further amended by striking in its entirety Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place the following:
"21-2-285.1.
The names of all candidates nominated in the nonpartisan primary fe* the office of JUQ^JC of d stfltc courtj JUQ^C of ft superior court,1 oiiugc of the oourt of App&ctis, OF uusTM tiee ef the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election ef judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (S) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plu rality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates fef judges are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election super intendent in essentially the same format as prescribed for the nonpartisan election ef judges. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
SECTION 11. Said title is further amended by striking in their entirety subsections (g), (h), and (i) of Code Section 21-2-325, relating to the form of ballot labels, and inserting in lieu thereof the following:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of can didates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsec tion (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall

MONDAY, FEBRUARY 19, 1996

1077

be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged hor izontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for ti*e office ef judge ef a state court, judge
the nonpartisan election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' (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 nomination in a nonpartisan primary f&r state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BAL LOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination in a nonpartisan primary for state ad county judicial offices, the superintendent may arrange for the names of all the candidates seeking nom ination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination in a nonpartisan primary for state and county judicial offices shall appear on all machines."
SECTION 12. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-402, relating to voter's certificates, and inserting in its place the following:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (primary or election) held on ___________________, 19__, and that I have not and will not vote else where in this (primary or election) in my own name or in any other name. I under stand that making a false statement on this certificate is a felony under Code Section 21-2-562.
Signature ____________________
Current Address ef Elector residence address of elector:

Name or initials of poll officer receiving voter's certificate: _________________ In case of physical disability or illiteracy, fill out the following: I hereby certify that the voter is unable to sign his or her name by reason of the fol lowing: ________________________________________________

Signature of poll officer Number of stub of ballot or number of admission to voting machine:

1078

JOURNAL OF THE HOUSE,

SECTION 13. Said title is further amended by striking in its entirety Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, and inserting in lieu thereof the following:
"21-2-409.
(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language; or there is recorded upon the electors list a reference te his declaration that he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder or to enter the voting compartment or booth without assistance; the esaet Batwe ef- saeh disability feef recorded en the list ef- electors, and unless the poll offi cers are satisfied that he or she stiH suffers from the same disability; er unless he acquired seh ft physical disability after the time ef registration and the peH officers are satisfied that he still suffers therefrom. Except for a blind elector, before an elector shall be permitted to receive assistance, he the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why he the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he or she is unable to cast his a vote as he or she wishes and who in the judgment of a manager is blind may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration. (b) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elec tor entitled to receive assistance, to enter the voting compartment or booth with him or her to assist him in voting, such assistance to be rendered inside the voting compart ment or booth. No person shall assist more than ten such electors in any primary, elec tion, or runoff. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent.; whe shall cause the same te be duplicated and- deliver the original eaths ef declarations te the superintendent ef the county and the duplicatca te the feea*d ef- registrars, tf such physical disability was acquired after the time ef registration and if- it appears te be permanent, the registrars shall record- the need for voting assist-
&X1CC Oft 9UD9CQUCH L 616CtOPS i!9c9 IOF d8 iOn d9 tilC QlSft Ulllty 911fill COHtiriUC^ i 116 OfltilS
or declarations of assisted electors shall be available in the superintendent's office for public inspection."
SECTION 14. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-501, relating to the share of the vote required for nomination in a primary and elec tion in a special or general election, runoff elections, and officers elected by majority vote, and inserting in its place the following:
"(b) y Except for presidential electors, to be elected to public office in a general elec tion, a candidate must receive a plurality of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a plurality of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast."
SECTION 15. Said title is further amended by striking in their entirety subsections (a) and (f) of Code Section 21-3-91, relating to notices of candidacy, certificates of nomination, affidavits, and candidates nominated by petition, and inserting in lieu thereof the following:
"(a) Each candidate; except ft candidate nominated fey nomination petition provided for in subsection {} ef- this Code section, or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality:

MONDAY, FEBRUARY 19, 1996

1079

(1) In the case of a general election held in an odd-numbered year, no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and no later than 4:30 P.M. on the following Friday; (2) In the case of a general election held in an even-numbered year, no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and no later than 4:30 P.M. on the following Friday; and (3) In the case of a special election, not earlier than the date of the call and at least 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during nor mal business hours for each such municipality. If a run-off primary is held, each candi date nominated therein or a designee shall file a notice of candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period." "(f) I the ease ef candidates nominated fey nomination petition pursuant te Code See-
Q8.t of tiling tot pftrty HOHIi nfttion tts proviQcd us subsection \o./ of oodc bccti^R
aetiee f candidacy fey nomination petition shall fee -the sanse as th test date fef filing notice o candidacy t&t tnc nonpartisan primary fts provided tfi Oodc ocction ilL' u-luo. A notice of candidacy by a nominating petition shall be accompanied by the nominating petition."
SECTION 16. Said title is further amended by striking in their entirety subsections (b), (c), and (e) of Code Section 21-3-123, relating to deadlines for registration applications, voting in pri maries, the official list of electors, the inactive list of electors, the municipal electors list, and the procedure for correcting the list of electors, and inserting in lieu thereof the fol lowing:
"(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 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; except that:
(1) 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 21-2-640 21-3-52 for the conduct of special elec tions to present a question to the voters or special primaries or elections to fill vacan cies in elected county municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty-first day fifth Mon day prior to the date of the special primary or election or, if such thirty-first dy Monday is a legal holiday, by the close of business on the following business day. (e) 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

1080

JOURNAL OF THE HOUSE,

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, or 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." "(e) The county board of registrars shall deliver to the chief registrar of the municipal ity, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipal ity for the primary or election. Such list shall be delivered at least 14 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list and to challenge the disqualified. The municipal regis trar shall, upon receipt of the county registration list, or as soon as practicable thereaf ter but in no event later than five days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or elec tion. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election."

SECTION 17. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-311, relating to voter's certificates, and inserting in its place the following:
"(a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form:

VOTER'S CERTIFICATE

I hereby certify that I am qualified to vote at the (primary or election) held on _______________, 19__, and that I have not and will not vote elsewhere in this (primary or election).

Signature ________________

Current residence address of elector:

____ _____ ___________

Name or initials of poll officer receiving voter's certificate: _________________ In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the following: _____________________________________________

Signature of poll officer
Number of stub of ballot or number of admission to voting machine:
SECTION 18. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-318, relating to assisting electors who cannot read English or who have physical dis abilities, and inserting in its place the following:
"(b) The oaths or declarations of assisted electors shall be returned by the chief man ager to the superintendent.; wfee shall cause the same te be duplicated and deliver the
OQtns or cHJCi&rfltions TO trie superintendent of trie county witRin wtticfl tnc

MONDAY, FEBRUARY 19, 1996

1081

inuxiicipftlity t& locfttCQ stud trie dupiicfltcs to wic PCistPQ.PS tt SIJCH piiysicfli u19ftuiliiy
WQ.9 QCQUITCQ flttCP tfl tllttG Or PC 191F fltl OH 8.HQ or tr flppCftPS tO DG PC mi CHICHI, cllC P619TM
teng as the disobility shall continue. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection."
SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Woods of the 32nd and Smith of the 102nd move to amend the Committee substitute to HB 1518 as follows: On page 12 line 12 strike the words:
"is unable to read the English language" And on page 12 line 14 strike the words:
"he or she".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe
Bailey N Baker Y Bannister NBarfoot N Bargeron E Barnard N Barnes N Bates
Benefield Birdsong N Bordeaux N Bostick N Breedlove Brooks, D N Brooks, T Y Brown, J N Brush NBuck N Buckner YBunn Burkhalter NByrd N Campbell N Canty N Carter N Chambless N Channel! N Childers Y Coker N Coleman, B N Coleman, T N Connell N Crawford

Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G NDii N Dkon, H N Dixon, S N Dobbs YEhrhart NEpps N Evans Y Falls
Felton N Floyd N Godbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland
N Holmes N Howard
N Hudson N Hugley

N Irvin N James N Jamieson N Jenkins N Johnson, G
N Johnson, J Y Johnston N Jones N Joyce YKaye N Kinnamon N Klein YLadd YLakly NLane N Lawrence NLee N Lewis N Lifsey NLord N Lucas Y Maddox NMann N Martin N McBee N McCall N McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock NParham

N Parrish N Parsons N Pelote
N Perry Pinholster
N Polak
N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan
NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L
N Smith, P N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 23, nays 143.

N Smith, W NSmyre N Snelling N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson
N Streat N Taylor NTeague NTeper N Thomas N Tillman N Titus
Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L Y Wall N Watson
N Watts N Westmorland Y Whitaker N White N Wiles
Williams, B Y Williams, J N Williams, R Y Woods NYates
Murphy, Spkr

1082

JOURNAL OF THE HOUSE,

The amendment was lost.

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1518 as follows:
Sec. 2, Page 3, lines 11-12, restore:
"in the county".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
N Anderson NAshe
Bailey N Baker Y Bannister N Barfoot N Bargeron E Barnard N Barnes N Bates
Benefield Birdsong N Bordeaux N Bostick N Breedlove Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner Y Bunn Burkhalter NByrd Y CampbeU N Canty N Carter N Chambless N Channel! N Childers
Y Coker Y Coleman, B N Coleman, T N Connell 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 YEhrhart NEpps Y Evans Y Falls Y Felton N Floyd NGodbee
Golden YGoodwin N Greene Y Grindley N Hanner Y Harbin Y Harris 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 N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones N Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas
Y Maddox YMann N Martin NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal NOrrock NParham

N Parrish Y Parsons
Pelote N Perry Y Pinholster NPolak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 55, nays 111. The amendment was lost.

N Smith, W N Smyre
Y SneUing NSnow N Stallings N Stancil, F
Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague NTeper N Thomas N Tillman Y Titus
Towery N Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts
Y Westmorland Y Whitaker N White
Y Wiles Williams, B
Y Williams, J Williams, R
Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1518 as follows: Page 3, lines 22-43 (g) Page 4 lines 1-33 (h) RESTORE current language.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 19, 1996

1083

N Alien N Anderson NAshe N Bailey N Baker Y Bannister NBarfoot
Bargeron
E Barnard NBarnes N Bates N Benefield
Birdsong N Bordeaux NBostick NBreedlove Y Brooks, D
N Brooks, T Y Brown, J
Y Brush NBuck N Buckner YBunn
Burkhalter
NByrd N Campbell
N Canty N Carter N Chambless N Channel!
N Childen N Coker Y Coleman, B N Coleman, T
N Connell Y Crawford

N 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 NDobbs NEhrhart NEpps N Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin N Greene N Grindley N Manner N Harbin N Harris N Heard N Heckstall N Hegstrom Y-Hembree N Heuson N Holland
N Holmes N Howard N Hudson N Hugley

NIrvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnaton N Jones Y Joyce YKaye N Kinnamon Y Klein NLadd YLakly NLane N Lawrence
NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee YMcCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham

N Parrish N Parsons
Pelote N Perry Y Pinholster NPolak N Ponder N Porter N Poston Y 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 Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 40, nays 131. The amendment was lost.

N Smith, W NSmyre N Snelling
NSnow NStaffings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague N Teper N Thomas NTillman Y Titus
Towery N Trense N Turnquest
Twiggs N Walker, L
Y Walker, R.L N Wall N Watson N Watts Y Westmorland N Whitaker N White N Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1518 as follows: Page 4, lines 40-44 Page 5, lines 1-4 Delete

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
NAshe N Bailey N Baker Y Bannister
NBarfoot N Bargeron
E Barnard NBarnes N Bates N Benefield
N Birdsong N Bordeaux
NBostick N Breedlove

N Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner Y Bunn
Burkhalter NByrd N Campbell N Canty N Carter N Chambless NChannell N Childers
N Coker

N Coleman, B N Coleman, T N Connell Y Crawford N Crews N Culbreth N Cummings
N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S NDobbs

N Ehrhart NEpps N Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin N Greene N Grindley N Hanner N Harbin N Harris
Heard N Heckstall

N Hegatrom Y Hembree N Henson N Holland N Holmes N Howard
Hudson
N Hugley NIrvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones

1084

JOURNAL OF THE HOUSE,

Y Joyce YKaye N Kinnamon N Klein NLadd YLakly NLane N Lawrence NLee N Lewis
Y Lifsey NLord
N Lucas Y Maddox YMann N Martin N McBee NMcCall N McClinton N McKinney

N Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons
Pelote N Perry Y Pinholster N Polak N Ponder N Porter N Poston
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 Scoggina N Shanahan NShaw N Sherrill Y 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 NSmyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat
Taylor N Teague N Teper N Thomas N Tillman

On the adoption of the amendment, the ayes were 27, nays 142. The amendment was lost.

Y Titus Towery
N Trense
N Turnquest N Twiggs N Walker, L Y 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 Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1518 as follows:
Page 7, lines 3-12
RESTORE current language.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
N Anderson N Ashe N Bailey
N Baker N Bannister
N Barfoot N Bargeron E Barnard NBarnes N Bates N Benefield
Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn
Burkhalter
NByrd N Campbell N Canty
N Carter
N Chambless N Channel! N Childers N Coker N Coleman, B N Coleman, T N Connell N Crawford

N 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 N Ehrhart NEpps N Evans Y Falls N Felton N Floyd
N Godbee N Golden Y Goodwin N Greene N Grindley N Hanner N Harbin N Harris
Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

N Irvin N James N Jamieson Y Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones N Joyce YKaye N Kinnamon
Y Klein NLadd YLakly NLane N Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee
McCall N McClinton
N McKinney Y Mills N Mobley, B
N Mobley, J N Mosley
Y Mueller N O'Neal
N Orrock
Parham

N Parrish N Parsons
Pelote
N Perry
Y Pinholster N Polak N Ponder N Porter N Poston
Powell N Purcell, A N Purcell, B
Randall N Randolph NRay N Reaves N Reichert N Roberta 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 N Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

N Smith, W
N Smyre
N Snelling
NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus
Towery N Trense N Turnquest N Twiggs N Walker, L
Y Walker, R.L N Wall N Watson N Watts N Westmoreland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

MONDAY, FEBRUARY 19, 1996

1085

On the adoption of the amendment, the ayes were 30, nays 139. The amendment was lost.
The following amendment was read:
Representative Bunn of the 74th moves to amend the Committee substitute to HB 1518 as follows: Page 7, lines 19-29 RESTORE current language.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Andereon NAshe N Bailey N Baker Y Bannister N Barfoot N Bargeron E Barnard NBarnes N Bates N Benefield
Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless N Channel! N Childers N Coker Y Coleman, B N Coleman, T N Connell Y Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YOU N Dixon, H N Dixon, S NDobbs YEhrhart NEpps Y Evans Y Falls Y Felton
N Floyd NGodbee N Golden YGoodwin N Greene Y Grindley
Manner Y Harbin Y Harris
Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston 'N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord
N Lucas Y Maddox YMann N Martin N McBee
McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal
N Orrock NParham

N Parrish Y Parsons
N Pelote N Perry Y Pinholster NPolak N Ponder N Porter
N Poston 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 NSherriU Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 58, nays 112. The amendment was lost.

Y Smith, W N Smyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
NTeague N Teper N Thomas NTfflman N Titus
Towery YTrense N Tumquest NTwiggs 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

The following amendment was read:
Representative Bunn of the 74th moves to amend the Committee substitute to HB 1518 as follows: Page 13, lines 6-17 RESTORE current language.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1086

JOURNAL OF THE HOUSE,

N Alien N Anderson
NAshe N Bailey N Baker Y Bannister
Barfoot N Bargeron
E Barnard N Barnes
Bates N Benefield N Birdsong N Bordeaux
N Bostick N Breedlove
Y Brooks, D N Brooks, T
Y Brown, J Brush
NBuck
N Buckner YBunn Y Burkhalter
NByrd Y Campbell N Canty N Carter N Chambless N Channel! N Childers N Coker Y Coleman, B N Coleman, T
N Connell Y Crawford

Y Crews N Culbreth N Cummings N Davis, G N Davis, M YDay Y DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S NDobbs YEhrhart NEpps Y Evans Y Falls
Felton N Floyd N Godbee N Golden Y Goodwin N Greene Y Grindley N Banner Y Harbin
Harris 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 N Jenkins
Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence
NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann
Martin
N McBee McCall
N McClinton N McKinney
YMills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock NParham

N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak
N Ponder N Porter
NPoston PoweU
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 YShipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W NSmyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L
N Stanley, P N Stephenson NStreat
N Taylor NTeague NTeper N Thomas NTillman
Y Titus Towery
Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 55, nays 113. The amendment was lost.

Representative Bunn of the 74th moved that HB 1518 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe N Bailey N Baker Y Bannister N Barfoot N Bargeron E Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell
N Canty N Carter N Chambless N Channel!

N Childers Y Coker N Coleman, B N Coleman, T N Connell N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay
N DeLoach, B N DeLoach, G
Dix N Dixon, H N Dixon, S N Dobbs
YEhrhart NEpps Y Evans
Y Falls Y Felton N Floyd NGodbee N Golden Y Goodwin N Greene N Grindley NHanner

Y Harbin N Harris 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 N Jones Y Joyce YKaye
N Kinnamon Y Klein NLadd
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 N Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Ponder N Porter NPoston 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
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C
Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W N Smyre N Snelling NSnow NStallings N Stancil, F

MONDAY, FEBRUARY 19, 1996

1087

Y Stancil, S N Stanley, L N Stanley, P N Stephenson NStreat N Taylor

NTeague NTeper N Thomas NTillman Y Titus
Towery

NTrense N Tumquest
NTwiggs N Walker, L Y Walker, R.L NWall

On the motion, the ayes were 40, nays 133. The motion was lost.

N Watson N Watts Y Westmorland N Whitaker N White Y Wiles

N Williams, B Y Williams, J
Y Williams, R Y Woods YYates
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 Alien Y Anderson YAshe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron E Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux YBostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, J
Brush YBuck 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 N Crawford

Y 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 YDobbs YEhrhart YEpps N Evans Y Falls N Felton Y Floyd YGodbee Y Golden NGoodwin Y Greene Y Grindley YHanner N Harbin Y Harris Y Heard Y Heckstall Y Hegstrom
N Hembree YHenson
Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J N Johnston
Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly YLane Y Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin YMcBee N McCall Y McClinton Y McKinney N Mills Y Mobley, B
Y Mobley, J Y Mosley N Mueller Y O'Neal YOrrock YParham

Y Parrish N Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder Y Porter YPoston N Powell Y Purcell, A Y Purcell, B
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 NShipp 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 Y Snelling YSnow Y Stallings Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor YTeague Y Teper Y Thomas YTttlman N Titus
Towery YTrense Y Tumquest YTwiggs Y Walker, L N Walker, R.L YWall 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 passage of the Bill, by substitute, the ayes were 130, nays 45.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 1486.

By Representatives Channell of the lllth, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain amounts payable for redemption.

1088

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 Alien Y Andenon
Aahe Bailey Y Baker N Bannister
YBarfoot YBargeron
E Barnard YBarnes Y Bates
Benefield YBirdsong
Bordeaux
YBoatick N Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers YCoker Y Coleman, B Y Coleman, T Y ConneU Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B N DeLoach, G
YDix Y Dixon, H Y Dixon, S Y Dobbs
YEhrhart YEpps Y Evans Y Falls
Y Felton YFloyd YGodbee Y Golden YGoodwin YGreene Y Grindley Y Banner
Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree YHenson 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 N Joyce
N Kaye Y Kinnamon Y Klein
YLadd YLakly YLane
Y Lawrence YLee N Lewis Y Lifsey YLord Y Lucas Y Maddox NMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Smith, W YSmyre Y Snelling YSnow
Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor YTeague Y Teper Y Thomas YTilhnan Y Titus
Towery Trense
Tumquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts
Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R N Woods
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 152, nays 11. The Bill, having received the requisite constitutional majority, was passed.

HB 1420. By Representatives Grindley of the 35th, Sauder of the 29th and Coleman of the 142nd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to provide that when a death certificate is recorded, the accompanying birth certificate shall be stamped deceased.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that when a death certificate is recorded, the accompanying birth certificate shall be stamped deceased; to change the provisions relating to purging voter registration lists of names of deceased persons; 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 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (f) of Code Section 31-10-15, relating to death certifi cates, and inserting in lieu thereof the following:

MONDAY, FEBRUARY 19, 1996

1089

"(f) When death occurs on or after July 1, 1985, in a county other than the county of the residence of the deceased person, a copy of such person's death certificate shall be forwarded as soon as practicable by the department to the custodian of records of the county of the residence of such deceased person. The custodian of records shall file such death certificate as a part of the permanent records of feis such office. Nt late? th
f\UU9T T T CCLCll yGflPj wlC CU9tOdIflft Or FCCOFC19 Or 1116 COURty SflEUr IllFIllSll cO" tHO VOtCF
registration Officer ef-th county Hst ef- those persona for whe death certificates have OCCH tiled during trie ppccediH TE montii period ending oti tiie triIFtle111 dfly ' oucii list 9fiLu DC used 'Dy tfic IOCQ.I re^[istFS.11on oiiicep lor tiie purpose ' vetef registration list of the county. (g) By the tenth day of each month, the state registrar shall furnish to the Secretary of State's office, in a format prescribed by the Secretary's office, a list of those persons for whom death certificates have been filed during the preceding month. Such list shall be used by the Secretary of State to notify local registration officers for the purpose of purging the voter registration list of each county."
SECTION 2. Said chapter is further amended by striking Code Section 31-10-30, relating to posting facts of death to birth certificates, and inserting in lieu thereof a new Code section to read as follows:
"31-10-30.
(a) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates, in accordance with written standards promulgated by the state regis trar to prove beyond a reasonable doubt the fact of death and to post the facts of death to the appropriate birth certificate and index. Copies issued from birth certificates marked deceased shall be similarly marked. (b) When a death occurs in this state for which a death certificate must be filed in accordance with Code Section 31-10-15, and the decedent's birth certificate is on file at the state office of vital records, the state registrar shall mark that deceased person's birth certificate with the word 'Deceased.' The state registrar shall notify the custodian of vital records of the county where the decedent was born that the deceased individual's birth certificate has been marked 'Deceased.'"
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 Alien Y Anderson
YAshe Bailey
Y Baker Y Bannister YBarfoot Y Bargeron
E Barnard YBames Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 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
Ehrhart YEpps Y Evans Y Falls Y Felton
Y Floyd YGodbee Y Golden YGoodwin

Y Greene Y Grindley
Manner Y Harbin
Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard N 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
Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann

1090

JOURNAL OF THE HOUSE,

Y Martin YMcBee YMcCall Y McClinton
McKinoey Y Mills
Mobley, B Y Mobley, J YMoaley YMueller YO'Neal
YOrrock Y Parham YPairish Y Parsons Y Pelote Y Perry

Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Puicell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reiehert
Y Roberts Y Rogers Y Royal Y Sanders

Y Sauder Y Scoggins YShanahan
YShaw Y Sheirill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W YSmyre

Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor NTeague YTeper
Y Thomas YTillman
Y Titus Y Towery
Y Trense

Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lawrence of the 64th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1496. By Representatives Snow of the 2nd, Coker of the 31st and Parrish of the 144th:
A bill to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, so aa to change the provisions relating to definitions.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, so as to change the provisions relating to definitions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, is amended by striking paragraph (3) of Code Section 26-4-2, relating to definitions, and inserting in its place the following:
"(3) 'Clinic pharmacy' means a pharmacy which is attached to, located in, or other wise a part of any health clinic or infirmary primarily providing outpatient medical treatment and care, which clinics or infirmaries shall include, without being limited to, state, county, municipal, school, prison, and industrial clinics and infirmaries and any pharmacy department, drug dispensing room, or any other designated area from which drugs are provided to outpatients which is located in and operated by any nar cotic treatment program or opiate replacement treatment program, as designated or defined by the Department of Human Resources or such other state agency or officer as may be designated as the state authority for the purposes of implementing the methadone treatment program authorized by federal and state laws and regulations, but shall not include private physicians' offices."
SECTION 2. This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act.

MONDAY, FEBRUARY 19, 1996

1091

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Snow of the 2nd moves to amend the Committee substitute to HB 1496 as follows: "Delete line 31 page 1 through line 33" "And delete line 1 page 2".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon
Y Ashe Bailey
Y Baker Y Bannister YBarfoot Y Bargeron E Barnard YBarnes
Y Bates Y Benefield YBinbong Y Bordeaux Y Boetick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck 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 Y Crawford

Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M
YDay Y DeLoach, B
Y DeLoach, G YDii Y Diion, H Y Diion, S
YDobbs YEhrhart
YEpps Y Evans Y Falls Y Felton
Y Floyd YGodbee Y Golden YGoodwin
Y Greene Y Grindley Y Banner Y Harbin
Harris Y Heard YHeckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson YJenkins
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 Maddoi YMann Y Martin YMcBee YMcCall Y McClinton Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock
Parham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Y Ponder Y Porter Y Poston Y Powell
Y PurceU, A Y PurceU, 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 Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow YStallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
NTeague YTeper Y Thomas YTillman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall
Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1555.

By Representatives Chambless of the 163rd, Randall of the 127th and Crawford of the 129th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Anno tated, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties therefor, so as to change penalties for manufacture, delivery, distribution, dispensing, administering, selling, or possessing with intent to distribute certain controlled substances.

1092

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th move to amend HB 1555 by striking lines 1 through 4 of page 1 and inserting in its place the following:
"To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of Schedule IV controlled sub stances; to change".
By striking lines 12 through 16 of page 1 and inserting in their place the following:
"Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding between paragraph (2.1) and (2.2) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following:
'(2.15) Butorphanol;'.
SECTION 1.1.
Said chapter is further amended by striking subsection (d) of Code Section 16-13-30, relat ing to purchase and possession of controlled substances, and inserting in its place the".

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 Alien Y Andersen
YAshe Y Bailey Y Baker
Y Bannister Barfoot
Y Bargeron E Barnard Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Dans, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dii Y Dixon, H Y Diion, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton
Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly 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 Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

On the passage of the Bill, as amended, the ayes were 170, nays 0.

Y Smith, W YSmyre Y Snelling YSnow YStallings
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 Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

MONDAY, FEBRUARY 19, 1996

1093

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1569 was postponed until Tuesday, February 20, 1996.

HB 1458. By Representatives Rogers of the 20th, Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th and others:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to provide that a family farm limited partnership shall be a qualified owner.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that certain family owned farm enti ties shall be a qualified owner for purposes of entering into conservation use covenants; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide con servation use property, is amended by striking division (a)(l)(C)(iv) and inserting in its place a new division (a)(l)(C)(iv) to read as follows:
"(iv) A family owned farm entity such as a family corporation, a family partner ship, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company the controlling interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the bene ficiaries are one or more natural or naturalized citizens and which family farm corporation owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought and which family farm corpora tjen owned farm entity does not own more than 3,000 acres of tangible real prop erty in this state; or".
SECTION 2. This Act shall become effective on January 1, 1997, and shall be applicable to all taxable years beginning on or after January 1, 1997.
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

1094

JOURNAL OF THE HOUSE,

HB 1583.

By Representative Jones of the 71st:
A bill to amend Code Section 31-7-2.1 of the Official Code of Georgia Anno tated, relating to the adoption of rules and regulations by the Department of Human Resources, so as to provide that documents relating to nursing home surveys shall be disclosed.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-7-2.1 of the Official Code of Georgia Annotated, relating to reports of cited nursing home violations, so as to provide for the disclosure of nursing home survey worksheets and documents and provide for fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-7-2.1 of the Official Code of Georgia Annotated, relating to reports of cited nursing home violations, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) Except as provided in Code Sections 31-8-86 and 31-5-5, all worksheets or docu ments prepared or compiled by Department of Human Resources surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Sec tion 1396r or Code Section 31-2-6; provided, however, that the content of resident inter views shall not be disclosed except as provided in survey protocols of the federal Health Care Financing Administration. The department may charge a reasonable reproduction fee as provided in Code Section 50-18-70 et seq."
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 125, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1553.

By Representative Coleman of the 142nd:
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 pro vide for the assessment and taxation of such timber sold pursuant to certain preexisting instruments.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, so as to provide for the assessment and taxa tion of such timber sold pursuant to certain preexisting instruments; to provide for condi tions and procedures in connection therewith; to provide for payment of and liability for such taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 19, 1996

1095

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, is amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f)(H Other sales and harvests. Every sale and every harvest of timber not previously taxed (excepting only a sale not for harvest within three years) shall be a taxable event. If any such sale or harvest is not a reportable taxable event described under subsection (c), (d), or (e) of this Code section, such timber shall be subject to ad valo rem taxation under this subsection; and such sale or harvest shall be reported and taxed under the provisions of subsection (c), (d), or (e) of this Code section, whichever is most nearly applicable.
(2)(A) Where the right to grow and harvest standing timber is sold in an arm's length, bona fide sale bjr a timber deed, contract, lease, or agreement executed on or before July 1, 1991, such timber shall be subject to taxation under this subsection at the time of its future harvest or sale. (B) The owner of such timber rights shall be solely responsible for all reporting requirements that are otherwise imposed by subsection (e) of this Code section on the seller or purchaser, and the seller of such timber rights shall be relieved of the reporting requirements. The owner of such timber rights shall be liable for the taxes on the timber and shall be assessed for such taxes following the harvest or sale of such timber. The lien for such taxes shall not extend to the underlying land from which the harvested timber was grown. (C) This paragraph shall not be construed to alter or impair the obligation of any timber deed, contract, lease, or agreement."
SECTION 2. This Act shall become effective on January 1, 1997, and shall be applicable to all taxable years beginning on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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:

Alien
Y Anderson YAshe Y Bailey Y Baker Y Bannister
Barfoot
Y Bargeron E Barnard YBarnes
Bates Benefield YBirdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck 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 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
Floyd Y Godbee Y Golden YGoodwin Y Greene Y Grindley Y Banner Y Harbin
Y Harris Y Heard YHeckstall
Hegstrom
Y Hembree Y 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee YMcCall Y McClinton Y McKinney

Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poeton Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph Ray Reaves
Y Reichert

1096

JOURNAL OF THE HOUSE,

Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder YScoggins
Y Shanahan YShaw Y Sherrill
YShipp 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
Snelling

YSnow Y Stallings Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Teague YTeper

Thomas Y Tillman Y Titus Y Towery YTrense
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 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.

HB 1498. By Representative Stephenson of the 25th:
A bill to amend Code Section 43-34-3 of the Official Code of Georgia Anno tated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to pro vide that such Code section shall not apply to respiratory care professionals.

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:

Alien Y Anderson Y Ashe
Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron E Barnard YBarnes Y Bates Y Benefield
YBirdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, J 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 Y Connell Y Crawford

YCrevre Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDu
Diion, H Y Dixon, S
YDobbs YEhrhart
YEpps Y Evans Y Falls Y Felton
Floyd
God bee Y Golden YGoodwin Y Greene Y Grindley
Y Manner Y Harbin Y Harris 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 YLakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Y Lucas Y Maddo* 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 Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper
Y Thomas Y Tillman
Titus
Towery Y Trense
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 Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was

MONDAY, FEBRUARY 19, 1996

1097

HR 792. By Representatives Titus of the 180th and Bates of the 179th:
A resolution designating the Thomasville Regional Youth Detention Center as the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Alien Y Anderson
Y Ashe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron E Barnard YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
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 Cornell 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 YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton
Floyd Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye Kinnamon
Y Klein YLadd Y Lakly
YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock YPaiham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Ponder Y Porter YPoston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal
Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y SherriU
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 YStallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Towery YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y WUes Y Williams, B Y Williams, J Y Williams, R
Y Woods YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House, were read and referred to the Committee on Rules:

HR 1037.

By Representatives Smyre of the 136th, Murphy of the 18th, Buck of the 135th, Taylor of the 134th, Hugley of the 133rd and others:
A resolution commending Honorable Sanford D. Bishop, Jr., and inviting him to appear before the House of Representatives.

HR 1038.

By Representatives Holmes of the 53rd, Brooks of the 54th, Canty of the 52nd, Anderson of the 116th, Taylor of the 134th and others:
A resolution commending the Georgia chapter of the National Association for the Advancement of Colored People (NAACP) and inviting President Walter Butler to appear before the House of Representatives.

1098

JOURNAL OF THE HOUSE,

HR 1046. By Representative Turnquest of the 73rd:
A resolution commending the Empire Real Estate Board, Inc., and inviting them to appear before the House of Representatives.

The following Resolution of the House was read and adopted:

HR 1034. By Representatives Snow of the 2nd, Perry of the llth and Joyce of the 1st: A resolution recognizing and commending Honorable Al Millard.

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1018 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Watts of the 26th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1078 Do Pass, by Substitute SB 492 Do Pass
Respectfully submitted, /s/ Watts of the 26th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1328 Do Pass, by Substitute SB 638 Do Pass, as Amended
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

MONDAY, FEBRUARY 19, 1996

1099

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1030 Do Pass, by Substitute SB 316 Do Pass, by Substitute SR 228 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 1012 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1155 Do Pass SB 343 Do Pass, as Amended
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1062 Do Pass

1100

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 20, 1996

1101

Representative Hall, Atlanta, Georgia Tuesday, February 20, 1996

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 Bradley L. Yeates, SGI-USA, College Park, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 1742. By Representative Bargeron of the 120th: A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chair person and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1743. By Representative Hanner of the 159th: A bill to amend an Act providing for the election of the initial chief magis trate of the Magistrate Court of Webster County, so as to provide that the judge of the Probate Court of Webster County shall also serve as the chief magistrate of the Magistrate Court of Webster County.
Referred to the Committee on State Planning & Community Affairs - Local.

1102

JOURNAL OF THE HOUSE,

HB 1744. By Representative Channell of the lllth: A bill to provide a new charter for the Town of Siloam.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1745. By Representatives Johnson of the 84th, Coleman of the 80th, Breedlove of the 85th, Crews of the 78th, Stephenson of the 25th and others:
A bill to amend an Act known as the "Gwinnett County Merit System Act" authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to change the qualifications for members of the Merit System Board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1746. By Representatives Johnson of the 84th and Walker of the 87th:
A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to repeal certain provisions regarding a vacancy in the office of sheriff of Walton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1747. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to require the approval of a merger of a nonprofit cor poration with a nonprofit or business corporation by a three-fourths' majority vote of directors to avoid prior approval by the superior court; to require that notice of mergers involving nonprofit corporations which own or control hospitals licensed under Title 31 be provided to the Attorney General.
Referred to the Committee on Judiciary.

HB 1748. By Representative Greene of the 158th:
A bill to provide for the compensation and expenses of the members of the Board of Education of Calhoun County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1749. By Representative Kinnamon of the 4th:
A bill to amend Chapter 10 of Title 9 of the Official Code of Georgia Anno tated, relating to civil practice and procedure, so as to assure that litigants will have timely access to courts and administrative tribunals for purposes of securing temporary restraining orders or stays to stop immediate and irrepa rable harm.
Referred to the Committee on Judiciary.

HB 1750. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to provide for an advisory referendum election to be held in Cherokee County for the purpose of ascertaining whether the corporate limits of the City of Woodstock should be extended to include part of the right of way of Interstate 575.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 20, 1996

1103

HB 1751. By Representatives Rogers of the 20th, Benefield of the 96th, Dobbs of the 92nd and Stephenson of the 25th:
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 require the State Personnel Board to allow employees of the Lake Lanier Islands Development Authority to be included in the state health plan.
Referred to the Committee on State Planning & Community Affairs.

HB 1752. By Representative Scoggins of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for an advisory referendum election to be held in Madison County for the purpose of ascertaining the type of government for said county desired by the people of said county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1753. By Representatives Harris of the 17th, Ashe of the 46th, Golden of the 177th and Dixon of the 168th:
A bill to amend Code Section 3-6-21.2 of the Official Code of Georgia Anno tated, relating to sales on farm wineries and in special entertainment dis tricts; so as to provide that special entertainment districts may be defined and designated by local governing authorities.
Referred to the Committee on Regulated Beverages.

HB 1755. By Representative Stancil of the 91st:
A bill to create and establish the Madison-Morgan County Airport Authority and to provide for the powers of such authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1756. By Representatives Skipper of the 137th, Chambless of the 163rd and Childers of the 13th:
A bill to amend Article 12 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care data collection systems, so as to change the provisions regarding definitions and the terms and conditions of reporting, analysis, and dissemination.

February 20, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1756. This notice is made prior to or upon reading the bill the first time.
/s/ Jimmy Skipper Representative 137th District
Referred to the Committee on Health & Ecology.

1104

JOURNAL OF THE HOUSE,

HB 1757. By Representative Teper of the 61st:
A bill to amend Chapter 4 of Title 30 of the Official Code of Georgia Anno tated, relating to rights of blind persons, persons with visual disabilities, deaf persons, and physically disabled persons, so as to provide for the rights of such persons; to provide for the use of service capuchin monkeys by physi cally disabled persons and the rights of such persons.
Referred to the Committee on Health & Ecology.

HB 1758. By Representatives Mosley of the 171st, Byrd of the 170th, Coleman of the 142nd, Smith of the 169th, O'Neal of the 75th and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to provide for certain information relative to costs of building, adding to, or renovating public schools to be collected and provided to local boards of education.
Referred to the Committee on Education.

HR 1039. By Representative Jenkins of the 110th:
A resolution amending a resolution approved March 4, 1964, designating the "O. H. Banks Bridge", so as to redesignate said bridge as the "O. H. Banks Memorial Bridge".
Referred to the Committee on Transportation.

HR 1040. By Representative Jenkins of the 110th:
A resolution to amend a resolution approved March 3, 1964, designating the "E. Clyde Kelly Bridge", so as to redesignate said bridge as the "E. Clyde Kelly Memorial Bridge".
Referred to the Committee on Transportation.

HR 1041. By Representatives Harbin of the 113th, Brush of the 112th, Williams of the 114th and Bargeron of the 120th:
A resolution to change the name of the Kiokee Creek Bridge in Columbia County to the Robert W. Pollard, Sr., Bridge.
Referred to the Committee on Transportation.

HR 1042. By Representatives Streat of the 167th, Coleman of the 142nd, Porter of the 143rd, Jamieson of the 22nd, Parham of the 122nd and others:
A resolution creating the Council on Rural Transportation and Economic Development.
Referred to the Committee on Rules.

HR 1043. By Representative Shanahan of the 10th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 20, 1996

1105

HR 1044. By Representatives Smyre of the 136th, Murphy of the 18th, Coleman of the 142nd, Buck of the 135th, Walker of the 141st and others:
A resolution proposing an amendment to the Constitution so as to provide for a Georgia Compensation Commission with the authority to fix the com pensation of certain state constitutional officers and such other state officers as may be provided for by law.
Referred to the Committee on Rules.

HR 1045. By Representatives Cummings of the 27th, Dixon of the 150th, Murphy of the 18th, Connell of the 115th, Bordeaux of the 151st and others:
A resolution creating the James Edward Oglethorpe Tercentenary Commis sion.
Referred to the Committee on Rules.

HR 1047. By Representatives Irvin of the 45th and Ashe of the 46th:
A resolution proposing an amendment to the Constitution so as to provide for removing or increasing the mill limitation for taxation for education in certain circumstances; to provide a limitation on the millage rate for taxation of real property by local governments.
Referred to the Committee on Ways & Means.

HR 1048. By Representatives Irvin of the 45th and Ashe of the 46th:
A resolution proposing an amendment to the Constitution so as to provide a limitation on the millage rate for taxation of real property by local govern ments.
Referred to the Committee on Ways & Means.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1726 HB 1727 HB 1728 HB 1729 HB 1730 HB 1731 HB 1732 HB 1734 HB 1735 HB 1737 HB 1738 HB 1740

HB 1741 HB 1754 HR 1020 HR 1021 HR 1035 HR 1036 SB 19 SB 542 SB 645 SB 661 SB 723 HB 1739

Pursuant to Rule 52, Representative Smith of the 175th moved that the following Bill of the House be engrossed:
HB 1739. By Representatives Smith of the 175th, Murphy of the 18th, Walker of the 141st, Lee of the 94th and Stephenson of the 25th:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Anno tated, relating to campaign contribution disclosure reports, so as to require each political action committee to file with the Secretary of State disclosure reports listing certain contributions received by the political action commit tee.

1106

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron E Barnard YBames Y Bates Y Benefield
Birdsong Bordeaux Y Bostick N Breedlove
N Brooks, D Y Brooks, T N Brown, J
Brush YBuck Y Buckner N Bunn
N Burkhalter YByrd N Campbell
Canty Y Carter
Y Chambless Y Channell Y Childers N Coker
Coleman, B Coleman, T Y Connell Crawford

N Crews N Culbreth Y Cummings
Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y DUon, H
Y Dixon, S Dobbs
NEhrhart YEpps N Evans
N Falls N Felton Y Floyd YGodbee Y Golden N Goodwm Y Greene
Grindley YHanner N Harbin
N Harris Y Heard
Heckstall Y Hegstrom N Hembree
Henson Y Holland
Holmes Y Howard
Hudson Y Hugley

NIrvin James
Y Jamieson Jenkins
N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly YLane N Lawrence
YLee Y Lewis
NLifsey YLord Y Lucas N Maddox NMann
Martin YMcBee
McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal YOrrock Par ham

Y Parrish Y Parsons Y Pelote
Perry N Pinholster YPolak Y Ponder
Y Porter Y Poston
Powell Y Purcell, A
Purcell, B Randall
Y Randolph Ray Reaves
Y Reichert Roberts
Y Rogers Y Royal
Sanders N Sauder Y Scoggins YShanahan YShaw Y Sherrill
N Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W Smyre
N Snelling
YSnow YStallings Y Stancil, F N Stancil, S
Stanley, L Stanley, P Stephenson Streat Y Taylor Teague YTeper Y Thomas YTOlman
N Titus N Towery
NTrense Turnquest Twiggs
Y Walker, L N Walker, R.L N Wall
Watson Watts N Westmoreland Y Whitaker White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates Murphy, Spkr

On the motion, the ayes were 79, nays 56. The motion was lost.

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1563 Do Pass, by Substitute HB 1610 Do Pass SB 46 Do Pass

SB 214 Do Pass SB 613 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
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:

TUESDAY, FEBRUARY 20, 1996

1107

HR 1046 Do Pass HR 1052 Do Pass

Respectfully submitted, M 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 has instructed me to report the same back to the House with the following recommendations:

HB 1705 Do Pass, by Substitute HB 1712 Do Pass HB 1714 Do Pass HB 1715 Do Pass

HB 1718 Do Pass HB 1720 Do Pass, by Substitute HB 1724 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 20, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enu merated below:
HB 654 County officers; compensation; provisions HB 667 Homestead exemption; deceased veterans; certain survivors HB 873 Works of fine art; duplication agreement HB 1014 Fireworks; storage; magazine license HB 1033 Sexual assault by religious or pastoral counselor; define HB 1318 Elections to fill unexpired terms; position on ballot HB 1531 Public indecency; Code provisions cumulative to local ordinances
HR 987 Georgia Future Communities Commission; abolition date HR 995 Joint Study Committee on the GA Firemen's Pension Fund; create
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 were taken up for considera tion and read the third time:

HB 1705.

By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to pro vide for a county supplement to the senior judges of such judicial circuit.

1108

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4587), so as to provide for a county supplement to the senior judges of such judicial circuit; 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. An Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4587), is amended by striking in its entirety Section 2A and inserting in lieu thereof the following:
"SECTION 2A. (a) The judge of the Superior Court of Dougherty County senior in term of continuous service shall receive an annual supplement of $25,000.00. Each other judge of such court shall receive an annual supplement of $23,000.00. Such supplements shall be payable from the funds of Dougherty County in equal monthly installments and shall be in addi tion to the compensation of the judges of the Dougherty Judicial Circuit provided by law. (b) The governing authority of Dougherty County shall be authorized, but not required, to supplement the salary of each senior judge of the Dougherty Judicial Circuit who is subject to the provisions of Chapter 8 of Title 47 of the O.C.G.A. in an amount not to exceed the difference between two-thirds of the county supplement which was being paid to such judge at the time he or she elected senior status and two-thirds of the county supplement paid to the most senior active judge of the Dougherty Judicial Cir cuit."
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 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1712. By Representatives Evans of the 28th, Breedlove of the 85th, Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to create the State Court of Forsyth County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1714.

By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the term of office of the solicitor of said court.

TUESDAY, FEBRUARY 20, 1996

1109

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1715.

By Representatives Randall of the 127th, Reichert of the 126th, Falls of the 125th and Ray of the 128th:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to repeal certain provisions relating to the filling of vacancies on such board; to provide for filling vacancies in the membership of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1718. By Representative Buckner of the 95th: A bill to provide a new charter for the City of Lake 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 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1720. By Representative Coleman of the 142nd:
A bill to provide for the election of members of the Board of Education of Dodge County; to provide for education districts.

The following Committee substitute was read and adopted:

A BILL
To provide for the election of members of the Board of Education of Dodge County; to provide for education districts; to provide for the manner of electing members; to provide for terms of office; to provide for submission of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) For the purpose of electing members of the Board of Education of Dodge County, the Dodge County School District shall be divided into seven education districts. Those dis tricts shall consist of the described territory of Dodge County attached to this Act and made a part hereof and further identified as "Operator: local Client: dodge Plan: dodgesb4." (b) For purposes of subsection (a) of this section:
(1) The terms "Tract" and "Block" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;

1110

JOURNAL OF THE HOUSE,

(2) Whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (3) Any part of Dodge County which is not included in any district described in sub section (a) of this section shall be included within that 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 (4) Any part of Dodge County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.

SECTION 2.
(a) One member shall be elected from each of the seven education districts provided for in subsection (a) of Section 1 and shall be elected only by the voters who are residents of that district. In order to be eligible for election from an education district, a candidate therefor must reside within the education district from which he or she offers as a candi date and must remain in such district during his or her term of office. (b) The members of the Board of Education of Dodge County who are in office on Febru ary 1, 1996, shall continue to serve as such for the remainder of their unexpired terms for which they were elected. The members serving on such date from former education dis tricts 1 through 7 are designated as members representing new education districts created under subsection (a) of Section 1 as follows:

Old Districts

New Education Districts

District 1 District 2 District 3
District 4 District 5
District 6 District 7

District 1 District 2 District 3
District 4 District 5
District 6 District 7

Successors to such members representing new Education Districts 2, 4, and 6 shall be elected at the November general election in 1996. Successors to such members representing new Education Districts 1, 3, 5, and 7 shall be elected in the November general election in 1998. All members 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 each and until their
respective successors are elected and qualified.

SECTION 3. Members of the Board of Education of Dodge County shall be elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A. and in accordance with any local laws enacted pursuant to the authority of such general law.

SECTION 4. It shall be the duty of the Board of Education of Dodge County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights
Act of 1965, as amended.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

District No. 1

DODGE Tract:9601.

TUESDAY, FEBRUARY 20, 1996

1111

Block: 262 ,263 ,264 ,265 ,268 ,269 ,270 Tract:9602.
Block: 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 ,172 ,173 ,174 ,175 ,176 ,177 ,178 ,179 ,180 , 181 ,189 ,190 ,191 ,192 ,193 ,194 ,201 ,202 ,203 ,204 , 205 ,206 ,207 ,208 ,209 ,210 ,211 ,212 ,213 ,217 ,3013, 302 ,303B,304 ,305 ,306B,307B,341B,342
Tract:9603. Block Group:! Block: 201B.202 ,203B,204B,242 ,243 ,244 ,245 ,402C,403
District No. 2
DODGE Tract:9601. Block Group:! Block: 201 ,202 ,203 ,204 ,205 ,206 ,207 ,208 ,209 ,210 ,211 , 212 ,213 ,214 ,215 ,216 ,217 ,218 ,219 ,220 ,221 ,222 , 223 ,224 ,225 ,226 ,227 ,228 ,229 ,230 ,231 ,232 ,233 , 234 ,235 ,236 ,237 ,238 ,239 ,240 ,241 ,242 ,243 ,244 , 245 ,246 ,247 ,248 ,249 ,250 ,251 ,252 ,253 ,254 ,255 , 256 ,257 ,258 ,259 ,260 ,261 ,266 ,267 ,271 ,272 ,273 , 274 ,275 ,276 Tract:9602. Block: 103 ,104 ,105 ,129 ,130 ,131 ,132 ,133 ,134 ,135
District No. 3
DODGE Tract:9603. Block: 407 ,409 ,410 ,411 ,412 ,413 ,414 ,415 ,416 ,417 ,418 , 419 ,420 ,421 ,422 ,423 ,431 ,433 ,434 ,435 ,436 ,437 , 438 ,439 ,440 ,441 ,444 ,446 ,447 ,448 ,449 ,450 ,451 , 453 ,454 ,458 ,459 ,460 ,461 ,462 ,463 ,464 ,465 ,466 , 467 ,468 ,469 ,470 ,471 ,472 ,473 ,474 ,475 ,476 ,477 , 478 ,479 ,480 ,481 ,482 ,483 ,484 ,485 ,486 ,487 ,490 , 491 ,492 Tract:9605. Block: 223A,223B,226 ,227 ,228 ,229 ,230A,230B,231 ,232 ,233 , 234 ,235A,235B,236A,236B,237A,237B,238 ,239A,239B,240 , 241A,241B,242 ,243 ,244 ,245 ,246 ,247 ,248 ,249 ,250 , 251 ,252 ,253 ,254A,254B,255 ,256 Tract:9606. Block: 108 ,109 ,110 ,111 ,112 ,113 ,114 ,115 ,116A,116B,117 , 118A,118B,119A,119B,120 ,121 ,123 ,124 ,125 ,126 ,127 , 128 ,129 ,130 ,131 ,132A,132B,133A,1338,134 ,135 ,136 , 137A,137B,138 ,139 ,140 ,141A,141B,142A,142B,143 ,144A, 144B.145 ,146 ,147 ,148 ,149 ,150 ,151 ,152 ,153 ,154 , 155 ,156 ,157 ,158 ,159 ,160 ,161 ,162 ,163 ,164 ,165 , 166 ,167 ,168 ,169 ,170 ,171A,171B,172 ,173 ,174 ,175 , 176 ,177 ,178 Block Group: 2
District No. 4
DODGE Tract:9603. Block: 442 ,443 ,445 ,488 ,489 Tract:9604. Block: 119 ,120 ,121 ,122 ,123 ,135 ,136 ,137 ,138 ,140 ,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 ,180 ,181 ,182 ,183 ,184 ,185 ,186 ,187 , 188 ,189 ,190 ,191 ,192 ,193 ,194 ,195 ,226 ,243 ,244 , 246 ,301 ,302 ,303 ,304 ,305 ,306 ,307 ,355 .356A.356B, 357 ,358 ,359 ,360 ,361 ,362 ,363 ,364 ,365 ,366 ,367 , 368 ,369 ,370 ,371 ,372 ,373 ,374 ,375

1112

JOURNAL OF THE HOUSE,

Tract:9605. Block Group:! Block: 201 ,202 ,203 ,204 ,205 ,206 ,207 ,208 ,209 ,210 ,211 , 212 ,213 ,214 ,215 ,216 ,217 ,218 ,219 ,220 ,221 ,222 , 224 ,225
Tract:9606. Block: 101 ,102 ,103 ,104 ,105 ,106 ,107 ,122
District No. 5
DODGE Tract:9602. Block: 2148,215 ,216A,216B,216C,222 ,223 ,224 ,225 ,226 ,227 , 228 ,229 ,230 ,231 ,232 ,233 ,234 ,235 ,236 ,237 ,238 , 239 ,240 ,301A,303A,306A,307A,307C,308 ,309A,309B,310A, 310B,311 ,312 ,313 ,314 ,315 ,316 ,317 ,318 ,319 ,326 , 327 ,328 ,329 ,330 ,331 ,332 ,341A,343 Tract:9603. Block: 201A,203A,204A,205 ,206 ,207 ,208 ,209 ,210 ,211 ,212 , 213 ,214 ,215 ,216 ,217 ,218 ,219 ,220 ,221 ,222 ,223 , 224 ,225 ,226 ,227 ,232 ,233 ,234 ,235 ,236 ,237 ,238 , 239 ,240 ,241 ,246 ,247 ,248 ,249 ,250 ,251 ,252 ,303 , 304 ,305 ,306 ,307 ,308 ,309 ,310 ,320 ,321 ,322 ,323 , 324 ,325 ,326 ,327 ,328 ,329 ,330 ,331 ,332 ,333 ,334 , 335 ,336 ,337 ,338 ,339 ,340 ,341 ,342 ,360 ,361 ,362 , 363 ,364 ,365 ,366 ,367 ,368 ,369 ,370 ,371 ,372 ,373 , 374 ,375 ,376 ,401A,402A,402B,524 ,525 ,526 ,527 ,528 Tract:9604. Block: 220B,236A,239 ,240 ,314 ,315 ,316 ,317 ,318 ,319
District No. 6
DODGE Tract:9602. Block: 101 ,102 ,106 ,107 ,108 ,109 ,110 ,111 ,112 ,113 ,114 , 115 ,116 ,117 ,118 ,119 ,120 ,121 ,122 ,123 ,124 ,125 , 126 ,127 ,128 ,171 ,182 ,183 ,184 ,185 ,186 ,187 ,188 , 195 ,196 ,197 Tract-9603. Block: 518,519 Tract:9604. Block: 101 ,102 ,103 ,104 ,105 ,106 ,107 ,108 ,109 ,110 ,111 , 112 ,113 ,114 ,115 ,116 ,117 ,118 ,124 ,125 ,126 ,127 , 128 ,129 ,130 ,131 ,132 ,133 ,134 ,139 ,141 ,179 ,201 , 202 ,203 ,204 ,205 ,206 ,207 ,208 ,209 ,210 ,211 ,212 , 213 ,214 ,215 ,216 ,217 ,218 ,219 ,220A,220C,221 ,222 , 223 ,224 ,225 ,227 ,228 ,229 ,230 ,231 ,232 ,233 ,234A, 2348,235 ,236B,237 ,238 ,241A,241B,242A,242B,245 ,308A, Block: 308B,308C,308D,308E,308F,309 ,310 ,311 ,312 ,313 ,320 , 321 ,322 ,323 ,324 ,325 ,326 ,327 ,328 ,329 ,330 ,331 , 332 ,333 ,334 ,335 ,336 ,337 ,338 ,339 ,340 ,341A,341B, 341C,342A,342B,343 ,344 ,345 ,346 ,347 ,348 ,349 ,350 , 351 ,352 ,353 ,354
District No. 7
DODGE Tract:9602. Block: 214A.218 ,219 ,220 ,221 ,320 ,321 ,322 ,323 ,324 ,325 , 333 ,334 ,335 ,336 ,337 ,338 ,339 ,340 Tract:9603. Block: 228 ,229 ,230 ,231 ,301 ,302 ,311 ,312 ,313 ,314 ,315 , 316 ,317 ,318 ,319 ,343 ,344 ,345 ,346 ,347 ,348 ,349 , 350 ,351 ,352 ,353 ,354 ,355 ,356 ,357 ,358 ,359 ,4018, 404 ,405 ,406 ,408 ,424 ,425 ,426 ,427 ,428 ,429 ,430 , 432 ,452 ,455 ,456 ,457 ,501 ,502 ,503 ,504 ,505 ,506 , 507 ,508 ,509 ,510 ,511A,511B,511C,512 ,513 ,514 ,515A, 515B,515C,516 ,517

TUESDAY, FEBRUARY 20, 1996

1113

,520A,520B,520C,520D,520E,521 ,522 , 523 ,529 ,530 ,531 ,532 ,533 ,534 ,535 ,536 ,537 ,538 , 539 ,540 ,541 ,542 ,543

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1724. By Representatives Connell of the 115th, Williams of the 114th, DeLoach of the 119th, Alien of the 117th, Anderson of the 116th and others:
A bill to amend an Act providing for the continued existence of the Rich mond County Department of Health and for the management and control of such department by the Richmond County Board of Health, so as to change the composition of said board of health.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

HB 1601.

By Representative Carter of the 166th:
A bill to amend an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, so as to provide that the chief judge of the superior court shall appoint the chief magistrate.

HB 1607. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Ben Hill County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

SB 428. By Senators Starr of the 44th, Cheeks of the 23rd and Perdue of the 18th:
A bill to change provisions of the Official Code of Georgia Annotated, relat ing to the authority of political subdivisions of the state to enter into multiyear contracts; to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to multiyear contracting powers of school sys tems, so as to provide that such contracting powers shall not apply with respect to real property.

1114

JOURNAL OF THE HOUSE,

SB 630. By Senators Day of the 48th, Balfour of the 9th, Dean of the 31st and Gillis of the 20th:
A bill to amend Code Section 16-12-104 of the Official Code of Georgia Annotated, relating to the library exception to the criminal penalties for exhibiting to children materials harmful to minors, so as to remove such exception for any library which is frequented by minors.

SB 696. By Senators Dean of the 31st, Edge of the 28th, Ray of the 19th and Marable of the 52nd:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Anno tated, relating to deductions from inmates' accounts for destruction of prop erty, medical treatment, and other causes, so as to provide that in the event an inmate does not have sufficient funds in his or her account to cover such expenses, the officer in charge of the institution may initiate legal proceed ings.

SB 712. By Senators Gillis of the 20th, Bowen of the 13th and Hooks of the 14th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that a conviction of certain offenses relating to the hunting of bear, turkey, or deer shall result in a two-year suspension of hunting privi leges; to provide a penalty.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 428. By Senators Starr of the 44th, Cheeks of the 23rd and Perdue of the 18th:
A bill to change provisions of the Official Code of Georgia Annotated, relat ing to the authority of political subdivisions of the state to enter into multiyear contracts; to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to multiyear contracting powers of school sys tems, so as to provide that such contracting powers shall not apply with respect to real property.
Referred to the Committee on Judiciary.

SB 630. By Senators Day of the 48th, Balfour of the 9th, Dean of the 31st and oth ers:
A bill to amend Code Section 16-12-104 of the Official Code of Georgia Annotated, relating to the library exception to the criminal penalties for exhibiting to children materials harmful to minors, so as to remove such exception for any library which is frequented by minors.
Referred to the Committee on Judiciary.

SB 696. By Senators Dean of the 31st, Edge of the 28th, Ray of the 19th and others:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Anno tated, relating to deductions from inmates' accounts for destruction of prop erty, medical treatment, and other causes, so as to provide that in the event an inmate does not have sufficient funds in his or her account to cover such expenses, the officer in charge of the institution may initiate legal proceed ings.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 20, 1996

1115

SB 712. By Senators Gillis of the 20th, Bowen of the 13th and Hooks of the 14th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that a conviction of certain offenses relating to the hunting of bear, turkey, or deer shall result in a two-year suspension of hunting privi leges; to provide a penalty.
Referred to the Committee on Game, Fish & Parks.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1049.

By Representatives Floyd of the 138th and Walker of the 141st:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Jan Odom, Mr. J. R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stephens and inviting them to appear and be recognized before the House of Representatives.

HR 1050. By Representatives Falls of the 125th, Reichert of the 126th, Randall of the 127th, Lucas of the 124th and Ray of the 128th:
A resolution commending the coach and players of the Tattnall Square Acad emy Trojans football team and inviting them to appear before the House of Representatives.

HR 1052. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th, Falls of the 125th, Birdsong of the 123rd and others:
A resolution welcoming citizens and public officials from Macon and Bibb County, observing February 21, 1996, as Macon Day in Atlanta-Taste of Macon, and inviting Mr. Larry Justice, Chairman of the Bibb County Board of Commissioners, to appear before the House of Representatives.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1012.

By Representative Carter of the 166th:
A resolution commending Wayne Pearson, Berrien County Chamber of Com merce Volunteer of the Year, and inviting him to appear before the House of Representatives.

HR 1046. By Representative Turnquest of the 73rd:
A resolution commending the Empire Real Estate Board, Inc., and inviting them to appear before the House of Representatives.

Representative Walker of the 141st moved that the House reconsider its action in fail ing to engross HB 1739.
On the motion, the roll call was ordered and the vote was as follows:

1116

JOURNAL OF THE HOUSE,

N Alien Y Anderson N Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush YBuck Y Buckner NBunn
Burkhalter YByrd N Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker N Coleman, B
Coleman, T Y Connell
Crawford

N Crews N Culbreth Y Cunmiings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S YDobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden N Goodwin Y Greene N Grindley Y Manner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hugley

NIrvin Y James
Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly YLane N Lawrence YLee
Lewis Lifsey YLord Y Lucas N Maddox NMann Y Martin Y McBee YMcCall McClinton McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry N Pinholster
Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfleld Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W YSmyre N Snelling YSnow Y Stallings
Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman N Titus Y Towery N Trense
Turnquest Y Twiggs Y Walker, L N Walker, R.L Y Wall
Y Watson Watts
N Westmorland Y Whitaker
White N Wiles N Williams, B N Williams, J Y Williams, R
N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 108, nays 53. The motion prevailed.

On the motion to engross, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson NAshe
Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush YBuck Y Buckner N Bunn
Burkhalter YByrd N Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers
Y Coker

N Coleman, B Coleman, T
Y Connell Crawford
N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S YDobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene N Grindley YHanner
Y Harbin N Harris 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 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 NMann Y Martin

Y McBee Y McCall
McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder 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

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 N Smith, W
Smyre N Snelling YSnow Y Stallings
Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman

TUESDAY, FEBRUARY 20, 1996

1117

N Titus Y Towery N Trense
Turnquest

YTwiggs Y Walker, L N Walker, R.L
N Wall

Y Watson Y Watts
N Westmoreland
Y Whitaker

On the motion, the ayes were 113, nays 53. The motion prevailed.

White N Wiles N Williams, B N Williams, J

Y Williams, R N Woods
N Yates
Murphy, Spkr

The following Resolution of the House was read:

HR 1051. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Stanley of the 50th and Connell of the 115th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Wednesday, February 21, 1996, and shall recon vene on Monday, February 26, 1996.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Monday, February 26, may be as ordered by the Senate; and the hour for convening the House on Monday, February 26, 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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner
Bunn Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix Y Diion, H
Y Dizon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene
Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster
YPolak Y Ponder
Y Porter Y Poston Y Powell Y Purcell, A Y PurceU, B
Randall
Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers
Y Royal Sanders
Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

On the adoption of the Resolution, the ayes were 163, nays 2. The Resolution was adopted.

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings
Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas YTillman 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

1118

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 1569.

By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in superior court in family violence cases under Chapter 13 of Title 19; to provide that no fee shall be assessed in connection with a prosecution of any domestic violence offense for costs associated with the filing of criminal charges against a domestic violence offender.

The following Committee substitute was read and adopted:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in superior court in family violence cases under Chap ter 13 of Title 19; to provide that no fee shall be assessed in connection with a prosecution of any domestic violence offense for costs associated with the filing of criminal charges by an alleged victim of domestic violence or for the issuance or service of a warrant, protec tive order, or witness subpoena arising from the incident of domestic violence; to provide that no fee shall be assessed in magistrate court for costs associated with the filing of criminal charges against the domestic violence offender or for the costs for issuance or ser vice of a warrant, protective order, or witness subpoena arising from the incident that is the subject of the arrest or criminal prosecution; to provide that no sheriffs fee shall be assessed against the alleged victim of any domestic violence offense for costs associated with the issuance or service of a warrant, protective order, or witness subpoena arising from the filing of criminal domestic violence charges; to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to the filing of a petition seeking relief from family violence, so as to provide for the abolition of any filing fee for such a petition; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing paragraph (4) of subsection (e) of Code Section 15-6-77, relating to fees of superior court clerks, in its entirety and inserting in its place a new paragraph to read as follows:
"(4) ;Fhe total svaa for aH services No fee or cost shall be assessed for any service ren dered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 steH be $20.00. Seh stn shall be inclusive ef any QUQiLioncti sums wfticii mifly oe provided tor Dy otiicr iflws except costs lor service ot process} ftftd tiny PCHI111fl.ncc9 reQuired to DC insole uy the eieFK of superior court us such cfl.ses sriflli fee mscrc IFOWI such ijrfiv.vv. JNo fldditionfti suius^ otfter tfiftri costs ror service of process, stiftri fee criflr^cd OP collected ift tt ifliwiiy violence1 cflse. i ne provi~ sions 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."
SECTION 2. Said title is further amended by striking subsection (i) of said Code Section 15-6-77 in its entirety and inserting in its place a new subsection to read as follows:
"(i) No fees shall be charged for the following: (1) Recording discharge certificates of veterans, as provided in Code Section 15-6-78;

TUESDAY, FEBRUARY 20, 1996

1119

(2) Recording and certifying documents in connection with admission to practice and (3) Costs associated with the filing of criminal charges by an alleged victim of any domestic violence offense or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of domestic violence."
SECTION 3. Said title is further amended by striking Code Section 15-10-82, relating to the hearing fee on application for search and arrest warrant or bad check citation, in its entirety and inserting in its place a new Code Section 15-10-82 to read as follows:
"15-10-82. For hearing an application for an arrest or search warrant or deposit account fraud cita tion, the fee charged shall not exceed $10.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justicej provided that no fee shall be assessed against the alleged victim of any domes tic violence offense for costs associated with the filing of criminal charges against the domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of domestic violence."
SECTION 4. Said title is further amended by adding at the end of Code Section 15-16-21, relating to the fees for sheriffs services, a new subsection (h) to read as follows:
"(h) No fee shall be assessed against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the domestic violence offender or for the issuance or service of a warrant, protective order, or witness sub poena arising from the incident of domestic violence."
SECTION 5. Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to the filing of a petition seeking relief from family violence, is amended by striking subsection (a) in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) A person who is not a minor may seek relief under this article by filing a petition with the superior court alleging one or more acts of family violence. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition, tfke fee fe* filing a petition shall be as provided Code Section 16-6-77."
SECTION 6. This Act shall become effective on July 1, 1996.
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 Alien
Y Anderson YAshe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield

Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter

YByrd Y Campbell
Y Canty Y Carter
Chambless Y Channell Y Childere Y Coker Y Coleman, B
Coleman, T
Y Connell 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 YDobbs

YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwill
Greene Y Grindley
Manner

1120

JOURNAL OF THE HOUSE,

Y Harbin Y Harris Y Heard
Heckstall YHegstrom Y Hembree YHenson 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 YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas
Y Maddox YMann Y Martin YMcBee YMcCall
McClinton Y McKinney
Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller YO'Neal
YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Y Scoggins Y Shanahan

YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F
Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor

Teague Y Teper Y Thomas YTiUman 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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 667. By Representatives Buck of the 135th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Anno tated, relating to homestead exemptions for qualified disabled veterans, so as to authorize the unremarried surviving spouse or minor children of a quali fied veteran who was killed in any war or armed conflict to receive such exemption.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to the freeport exemption, so as to provide for the applicability of such exemption with respect to the remanufacture of aircraft engines or aircraft engine parts or components; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to the freeport exemption, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph to read as follows:
"(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible per sonal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, remanufacture of aircraft engines or aircraft engine parts or components shall constitute manufacturing operations in this state. Remanufacture of aircraft engines or aircraft engine parts or components means the substantial overhauling or rebuilding of aircraft engine parts or components on a fac tory basis;".

TUESDAY, FEBRUARY 20, 1996

1121

SECTION 2. This Act shall become effective on January 1, 1997.
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1318.

By Representatives Lucas of the 124th, Polak of the 67th, Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A bill to amend Chapter 2 of Title 21, relating to elections and primaries generally, and Code Section 45-5-3, relating to the election or appointment of successors to fill the unexpired term of certain public officers, so as to provide for the position on the general election ballot of candidates to fill the unexpired term of certain offices elected statewide.

The following amendment was read:
Representatives Lucas of the 124th, Lee of the 94th and Walker of the 141st move to amend HB 1318 by striking in their entirety lines 27 through 34 on page 1 and inserting in lieu thereof the following:
"general primary or election. In such an instance, the name of the office and the candi dates in such special election shall appear on the ballot in the position where such names would ordinarily appear if such contest was a general primary or election.'"

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Alien Y Anderson N Ashe Y Bailey
Baker N Bannister
Y Barfoot N Bargeron N Barnard
Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick N Breedlove
N Brooks, D Y Brooks, T
N Brown, J N Brush Y Buck Y Buckner N Bunn NBurkhalter Y Byrd N Campbell Y Canty Y Carter YChambless

Y Channell Y Childers N Coker N Coleman, B Y Coleman, T Y Connell
N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M N Day N DeLoach, B N DeLoach, G N Dix
Dixon, H Y Dixon, S
Y Dobbs N Ehrhart Y Epps N Evans N Falls N Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene

N Grindley Y Hanner N Harbin N Harris Y Heard Y Heckstall
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes N Howard Y Hudson Y Hugley N Irvin Y James
Y Jamieson Y Jenkins
N Johnson, G N Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein N Ladd N Lakly Y Lane

N Lawrence Y Lee Y Lewis N Lifsey Y Lord Y Lucas
N Maddox N Mann Y Martin Y McBee
McCall McClinton Y McKinney N Mills Y Mobley, B N Mobley, J
Y Mosley N Mueller
Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder Y Porter

Y Poston Y Powell Y Purcell, A N Purcell, B
Randall Y Randolph
Y Ray Reaves
Y Reichert Y Roberts Y Rogers Y Royal
Sanders N Sauder
Scoggins Y Shanahan
Y Shaw Y Sherrill
N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W

1122

JOURNAL OF THE HOUSE,

YSmyre NSneUing YSnow YStallings Y StancU, F N StancU, S Y Stanley, L

Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas

Y Tillman N Titus N Towery N Trense
Turnquest YTwiggs 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 adoption of the amendment, the ayes were 96, nays 70. The amendment was adopted.

The following amendment was read:

Representative DeLoach of the 172nd moves to amend HB 1318 by inserting following the word and symbol "matters;" on line 10 of page 1 the following:
"to provide an effective date;".
By redesignating Section 3 as Section 4.
By adding between lines 11 and 12 of page 2 the following:
"SECTION 3. This Act shall become effective on January 1, 1997.".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Andersen Y Ashe
N Bailey N Baker
Y Bannister N Barfoot N Bargeron Y Barnard
Barnes N Bates N Benefield
N Birdsong N Bordeaux NBostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty N Carter N Chambless N Channell N Guilders Y Coker Y Coleman, B N Coleman, T N Connell
Y Crawford

Y Crews Y Culbreth N Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H N Dixon, S
N Dobbs YEhrhart
NEpps Y Evans Y Falls Y Felton N Floyd NGodbee N Golden YGoodwin N Greene Y Grindley N Manner Y Harbin Y Harris
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 N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee N Lewis
Y Lifsey NLord
N Lucas Y Maddox Y Mann N Martin N McBee
McCall McClinton N McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal N Orrock NParham

N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak N Ponder 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
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 69, nays 102. The amendment was lost.

Y Smith, W NSmyre Y Snelling
N Snow N Stallings N Stancil, F
Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague NTeper N Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest NTwiggs 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

TUESDAY, FEBRUARY 20, 1996

1123

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 Alien Y Anderaon
NAshe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron
N Barnard YBarnes Y Bates Y Benefield
YBirdsong Y Bordeaux YBostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner NBunn N Burkbalter YByrd N Campbell
Y Canty Y Carter Y Chambless Y Channell
Y ChUders NCoker N Coleman, B Y Coleman, T Y Cornell
N Crawford

N Crews N Culbreth Y CununinKB Y Davit, G N Davis, M
NDay N DeLoach, B Y DeLoach, G NDix
Dixon, H
Y Dixon, S YDobbs NEhrhart YEpps N Evans N Falls N Felton YFloyd YGodbee Y Golden N Goodwin
YGreene N Grindley Y Manner N Harbin N Harris Y Heard YHeckstall YHegstrom N Hembree YHenaon Y Holland Y Holmes Y Howard Y Hudson Y Hugley

NIrvin Y James Y Jamieson Y Jenkins N Johnson, G
N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly
YLane N Lawrence
YLee Y Lewis NLifsey
YLord Y Lucas N Maddox NMann Y Martin YMcBee
McCall McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal YOrrock
YParham

Y Parrish N Parsons
Y Pelote Y Perry N Pinholster YPolak Y Ponder 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 N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y SherrUl N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W YSmyre N Snelling
YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Street Y Taylor
YTeague YTeper Y Thomas YTillman N Titus N Towery N Trense
Turnquest
YTwiggs 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 passage of the Bill, as amended, the ayes were 105, nays 67.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative McKinney of the 51st moved that HB 1318 be immediately trans mitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon
NAshe Y Bailey Y Baker N Bannister
YBarfoot Bargeron
N Barnard YBames
Y Bates Y Benefield YBirdsong Y Bordeaux YBostick N Breedlove N Brooks, D Y Brooks, T N Brown, J

N Brush YBuck Y Buckner NBunn N Burkhalter
YByrd N Campbell
Y Canty Y Carter
Chambless Channell Y Childen NCoker N Coleman, B Y Coleman, T Y ConneU N Crawford N Crews N Culbreth

Y Cummings
Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix
Dixon, H Y Dixon, S Y Dobbs NEhrhart YEpps N Evans N Falls N Felton Y Floyd Y Godbee Y Golden N Goodwin

Y Greene N Grindley Y Hanner N Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley NIrvin Y James Y Jamieson Y Jenkins

N Johnson, G N Johnson, J N Johnston Y Jones
N Joyce N Kaye
Kinnamon N Klein NLadd NLakly YLane N Lawrence
YLee Y Lewis N Lifsey YLord Y Lucas N Maddox NMann

1124

JOURNAL OF THE HOUSE,

Y Martin McBee McCall
McClinton YMcKinney N Mills YMobley, B Y Mobley, J YMosley N Mueller YO'Neal Y Orrock YParham Y Parrish N Parsons YPelote Y Perry

N Pinholster Y Polak Y Ponder
Y Porter Y Poston YPowell Y Purcell, A Y Puicell, B
Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders

N Sauder Y Scoggins Y Shanahan
Y Shaw Y Sherrill 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

On the motion, the ayes were 98, nays 67. The motion was lost.

N Snelling Y Snow Y Stallings
Y Stancil, F N Stancil, S Y Stanley, L
Stanley,? Y Stephenson Y Street Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus N Towery N Trense

Turnquest Twiggs Y Walker, L
N Walker, R.L N WaU Y Watson Y Watte N Westmorland N Whitaker Y Whit* N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

TUESDAY, FEBRUARY 20, 1996

1125

AFTERNOON SESSION

The Speaker called the House to order.
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 530 Do Pass, by Substitute Respectfully submitted,
/s/ Carter of the 166th Chairman
The following Resolutions of the House were read and adopted:
HR 1053. By Representative Williams of the 114th: A resolution commending the North Georgia Junior Civitan organization and its members.
HR 1054. By Representative Williams of the 114th: A resolution commending Build A Better Georgia.
HR 1055. By Representative Purcell of the 9th: A resolution commending Byard Monroe Roper, Jr.
HR 1056. By Representative Yates of the 106th: A resolution commending Lois Barren Elder.
HR 1057. By Representative Byrd of the 170th: A resolution commending and recognizing the Jeff Davis Band.
HR 1058. By Representative Channell of the lllth: A resolution honoring and recognizing Jamie, Lena, and Jonas Jenkins.
HR 1059. By Representative Channell of the lllth: A resolution honoring and recognizing Jackie Seagraves.
HR 1060. By Representative Channell of the lllth: A resolution honoring and recognizing Malvin and Pam Wade.

1126

JOURNAL OF THE HOUSE,

HR 1061. By Representative Channell of the lllth: A resolution honoring and recognizing Wayne and Nancy Monroe.

HR 1062. By Representative Channell of the lllth: A resolution honoring and recognizing Mary Jo Alford.

HR 1063. By Representative Channell of the lllth: A resolution honoring and recognizing Kirby Hamil.

HR 1064. By Representative Channell of the lllth: A resolution honoring and recognizing Gayle Moon.

HR 1065. By Representative Channell of the lllth: A resolution honoring and recognizing Jill Wagner.

HR 1066. By Representative Channell of the lllth: A resolution honoring and recognizing Jan and Phil Wang.

HR 1067. By Representative Channell of the lllth: A resolution honoring and recognizing Debbie Nelson.

HR 1068. By Representative Channell of the lllth: A resolution honoring and recognizing Jean Hickey.

HR 1069. By Representative Channell of the lllth: A resolution honoring and recognizing Reverend Ed Nelson.

HR 1070. By Representatives Parsons of the 40th, Sauder of the 29th, Klein of the 39th and Coker of the 31st:
A resolution honoring Edith Irene Smith Parsons.

HR 1071. By Representatives Ray of the 128th and James of the 140th: A resolution commending Coach L.J. "Stan" Lomax.

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 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.

The following Committee substitute was read and withdrawn:

TUESDAY, FEBRUARY 20, 1996

1127

A BILL
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to prohibit storage of fireworks except as otherwise provided by law; to provide for storage of fireworks by certain licensed nonmanufacturers; to pro vide for disposition of certain excess fireworks; to prohibit employment of persons under age 18 in connection with fireworks storage or public displays; to provide for inspection of certain fireworks storage facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by striking in its entirety Code Section 25-10-2, relating to prohi bitions against the sale, use, and possession of fireworks, and inserting in its place a new Code Section 25-10-2 to read as follows:
"25-10-2.
It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, er transport^ or store any fireworks, except as otherwise provided in this chapter."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 25-10-3, relating to permitted sales and uses of fireworks, and inserting in its place a new Code Section 25-10-3 to read as follows:
"25-10-3.
Nothing in this chapter shall be construed to prohibit the following: (1) The wholesale or retail sale of fireworks for use in a public exhibition or public display and the transportation of fireworks for such use, provided that any person selling at wholesale or retail or transporting fireworks for such use must have a dupli cate copy of the permit which has been issued by the judge of the probate court to a person, firm, corporation, association, or partnership which has been authorized to hold a public exhibition or display^ and provided, further, that the seller maintains and makes available for inspection by the Safety Fire Commissioner or the designee thereof the record of any such fireworks sale for a period of 18 months from the date of sale; (2) Use by railroads or other transportation agencies of fireworks specifically designed and intended for signal purposes or illumination; (3) The sale or use of blank cartridges for a show or theater or for signal or ceremo nial purposes in athletic or sports events or for use by military or police organizations; or (4) The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation, and storage of any such fireworks by any man ufacturer thereof; the storage of certain such fireworks b a nonmanufacturer in accordance with the provisions of Code Section 25-10-3.1; the possession, transporta tion, or distribution of any such fireworks to a distributor located outside this state; the sale of such fireworks by any such manufacturer to a distributor located outside this state; or the possession and transportation of such fireworks by any manufacturer or contractor or common carrier from the point of manufacture within this state to any point outside this state."
SECTION 3. Said chapter is further amended by adding after Code Section 25-10-3 a new Code Section 25-10-3.1 to read as follows:

1128

JOURNAL OF THE HOUSE,

(a) Fireworks defined as Class B explosives or the equivalent thereof by regulations of the United States Department of Transportation set forth in Part 173 of Title 49 of the Code of Federal Regulations and which are to be used only for purposes of a public exhibition or display pursuant to Code Section 25-10-4 may be stored by a person, firm, or corporation, other than a manufacturer, pursuant to a magazine license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in a form to be prescribed by the Commissioner. The application shall include a letter of acknowl edgment and endorsement from the local authority having responsibility for fire sup pression. (b) Any application for a magazine license made pursuant to subsection (a) of this Code section shall be accompanied by plans for the magazine proposed to be used for storage of Class B explosives or the equivalent thereof, in such detail and in such number of copies as required by the Safety Fire Commissioner. Construction of a magazine for stor age of fireworks pursuant to this Code section shall not commence until the plans there for have been approved by the state fire marshal and returned to the applicant. (c) No license shall be issued pursuant to this Code section unless:
(1) The applicant currently holds a valid license or permit to receive explosive materi als including Class B explosives or the equivalent thereof issued pursuant to regula tions of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury; (2) The applicant presents a copy of a valid permit for a public exhibition or display of fireworks issued pursuant to Code Section 25-10-4; (3) The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds the requirements for magazines to be used for storing Class B explosives or the equivalent thereof as established by regula tions and adopted codes and standards of the Safety Fire Commissioner; and (4) The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds any additional requirements applica ble to magazines to be used for storage of Class B explosives or the equivalent thereof by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5. (d) Any license issued pursuant to this Code section shall be subject to the annual license fee and expiration date provisions of Code Section 25-10-5. The initial annual fee for a magazine license shall be submitted along with the application for such license. (e) Any fireworks stored under any magazine license issued pursuant to this Code sec tion shall be stored in an approved magazine and in accordance with the regulations for storing Class B explosives or the equivalent thereof as established by regulations of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Trea sury and any additional requirements for storage of such explosives by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5, for a period of time not to exceed 60 days before and 60 days after the permitted date of a public exhibition or display of fireworks pursuant to Code Section 25-10-4.
(f) Any violation of the provisions of this Code section shall be grounds for revoking a magazine license."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 25-10-4, relating to permits for public displays of fireworks and disposition of excess fireworks, and insert ing in its place a new Code Section 25-10-4 to read as follows:
"25-10-4.
(a) Any person, firm, corporation, association, or partnership desiring to conduct a pub lic exhibition or display of fireworks shall first obtain a permit from the judge of the probate court of the county in which the exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days

TUESDAY, FEBRUARY 20, 1996

1129

prior to the date of the proposed exhibition or display of fireworks. Fireworks distribu tors located within this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
(1) That the display be conducted by a competent operator approved by the judge; (2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; and (3) That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evi dence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commis sioner of Insurance. (b) The permit provided for in subsection (a) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regu lations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with aueh Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure. (c) The judge of the probate court shall receive $10.00 for his or her services in granting or refusing the original permit and $1.00 for each copy issued, to be paid by the appli cant."
SECTION 5. Said chapter is further amended by adding after Code Section 25-10-4 a new Code Section 25-10-4.1 to read as follows:
"25-10-4.1.
No person under the age of 18 shall be employed to work at any magazine, or at any facility containing a magazine, wherein fireworks are stored or to work in any public exhibition or display of fireworks."
SECTION 6. Said chapter is further amended by striking in its entirety Code Section 25-10-5, relating to the license and fee for manufacture, storage, and transportation of fireworks, promulga tion of regulations, and conduct of inspections, and inserting in its place a new Code Sec tion 25-10-5 to read as follows:
"25-10-5.
The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Sec tion 25-10-3.1 shall be $1,000.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

1130

JOURNAL OF THE HOUSE,

The following substitute, offered by Representatives Cummings of the 27th and Watson of the 139th, was read and adopted:

A BILL
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to prohibit storage of fireworks except as otherwise provided by law; to provide for storage of fireworks by certain licensed nonmanufacturers; to pro vide for disposition of certain excess fireworks; to prohibit employment of persons under age 18 in connection with fireworks storage or public displays; to provide for inspection of certain fireworks storage facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by striking in its entirety Code Section 25-10-2, relating to prohi bitions against the sale, use, and possession of fireworks, and inserting in its place a new Code Section 25-10-2 to read as follows:
"25-10-2.
It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, e* transport^ or store any fireworks, except as otherwise provided in this chapter."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 25-10-3, relating to permitted sales and uses of fireworks, and inserting in its place a new Code Section 25-10-3 to read as follows:
"25-10-3.
Nothing in this chapter shall be construed to prohibit the following: (1) The wholesale or retail sale of fireworks for use in a public exhibition or public display and the transportation of fireworks for such use, provided that any person selling at wholesale or retail or transporting fireworks for such use must have a dupli cate copy of the permit which has been issued by the judge of the probate court to a person, firm, corporation, association, or partnership which has been authorized to hold a public exhibition or display2 and provided, further, that the seller maintains and makes available for inspection by the Safety Fire Commissioner or the designee thereof the record of any such fireworks sale for a period of 18 months from the date of sale; (2) Use by railroads or other transportation agencies of fireworks specifically designed and intended for signal purposes or illumination; (3) The sale or use of blank cartridges for a show or theater or for signal or ceremo nial purposes in athletic or sports events or for use by military or police organizations; or (4) The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation, and storage of any such fireworks by any man ufacturer thereof; the storage of certain such fireworks by a nonmanufacturer in accordance with the provisions of Code Section 25-10-3.1; the possession, transporta tion, or distribution of any such fireworks to a distributor located outside this state; the sale of such fireworks by any such manufacturer to a distributor located outside this state; or the possession and transportation of such fireworks by any manufacturer or contractor or common carrier from the point of manufacture within this state to any point outside this state."
SECTION 3. Said chapter is further amended by adding after Code Section 25-10-3 a new Code Section 25-10-3.1 to read as follows:

TUESDAY, FEBRUARY 20, 1996

1131

"25-10-3.1.
(a) Fireworks defined as Class B explosives or the equivalent thereof by regulations of the United States Department of Transportation set forth in Part 173 of Title 49 of the Code of Federal Regulations and which are to be used only for purposes of a public exhibition or display pursuant to Code Section 25-10-4 may be stored by a person, firm, or corporation, other than a manufacturer, pursuant to a magazine license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in a form to be prescribed by the Commissioner. The application shall include a letter of acknowl edgment and endorsement from the local authority having responsibility for fire sup pression. (b) Any application for a magazine license made pursuant to subsection (a) of this Code section shall be accompanied by plans for the magazine proposed to be used for storage of Class B explosives or the equivalent thereof, in such detail and in such number of copies as required by the Safety Fire Commissioner. Construction of a magazine for stor age of fireworks pursuant to this Code section shall not commence until the plans there for have been approved by the state fire marshal and returned to the applicant. (c) No license shall be issued pursuant to this Code section unless:
(1) The applicant currently holds a valid license or permit to receive explosive materi als including Class B explosives or the equivalent thereof issued pursuant to regula tions of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury; (2) The applicant presents a copy of a valid permit for a public exhibition or display of fireworks issued pursuant to Code Section 25-10-4; (3) The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds the requirements for magazines to be used for storing Class B explosives or the equivalent thereof as established by regula tions and adopted codes and standards of the Safety Fire Commissioner; and (4) The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds any additional requirements applica ble to magazines to be used for storage of Class B explosives or the equivalent thereof by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5. (d) Any license issued pursuant to this Code section shall be subject to the annual license fee and expiration date provisions of Code Section 25-10-5. The initial annual fee for a magazine license shall be submitted along with the application for such license. (e) Any fireworks stored under any magazine license issued pursuant to this Code sec tion shall be stored in an approved magazine and in accordance with the regulations for storing Class B explosives or the equivalent thereof as established by regulations of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Trea sury and any additional requirements for storage of such explosives by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5, for a period of time not to exceed 60 days before and 60 days after the permitted date of a public exhibition or display of fireworks pursuant to Code Section 25-10-4.
(f) Any violation of the provisions of this Code section shall be grounds for revoking a magazine license."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 25-10-4, relating to permits for public displays of fireworks and disposition of excess fireworks, and insert ing in its place a new Code Section 25-10-4 to read as follows:
"25-10-4.
(a) Any person, firm, corporation, association, or partnership desiring to conduct a pub lic exhibition or display of fireworks shall first obtain a permit from the judge of the probate court of the county in which the exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days

1132

JOURNAL OF THE HOUSE,

prior to the date of the proposed exhibition or display of fireworks. Fireworks distribu tors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
(1) That the display be conducted by a competent operator approved by the judge; (2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; and (3) That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evi dence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commis sioner of Insurance. (b) The permit provided for in subsection (a) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regu lations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with stteh Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure. (c) The judge of the probate court shall receive $10.00 for his or her services in granting or refusing the original permit and $1.00 for each copy issued, to be paid by the appli cant."
SECTION 5. Said chapter is further amended by adding after Code Section 25-10-4 a new Code Section 25-10-4.1 to read as follows:
"25-10-4.1.
No person under the age of 18 shall be employed to work at any magazine, or at any facility containing a magazine, wherein fireworks are stored or to work in any public exhibition or display of fireworks."
SECTION 6. Said chapter is further amended by striking in its entirety Code Section 25-10-5, relating to the license and fee for manufacture, storage, and transportation of fireworks, promulga tion of regulations, and conduct of inspections, and inserting in its place a new Code Sec tion 25-10-5 to read as follows:
"25-10-5.
The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Sec tion 25-10-3.1 shall be $1,000.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 20, 1996

1133

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 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 995. By Representative Hudson of the 156th:
A resolution creating the Joint Study Committee on the Georgia Firemen's Pension Fund.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1531.

By Representatives Buckner of the 95th, Byrd of the 170th and Smith of the 169th:
A bill to amend Code Section 16-6-8 of the Official Code of Georgia Anno tated, relating to public indecency, so as to provide that the provisions of said Code section shall be cumulative to other laws and rules and regulations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 987. By Representatives Walker of the 141st, Felton of the 43rd, Royal of the 164th, Reichert of the 126th and Scoggins of the 24th:
A resolution amending a resolution creating the Georgia Future Communities Commission, so as to change the date on which the commission shall be abol ished.

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 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1033.

By Representatives Poston of the 3rd, Crews of the 78th and Harris of the 17th:
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.

The following Committee substitute was read:

1134

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, 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; to prohibit certain sexual assaults; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody; sexual assault against a person detained or a patient in a hos pital or other institution; and sexual assault by a practitioner of psychotherapy against a patient, is amended by adding at the end of said Code section a new subsection (d) to read as follows:
"(d)(l) As used in this subsection, the term 'counseling' means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, religious, and other interpersonal concerns. (2) A person commits sexual assault when, as an actual or purported pastor, minister, rabbi, imam, priest, or member of the clergy of any faith, denomination, church, or other group, he or she engages in sexual contact with another person who is not his or her spouse if the other person is the subject of religious or pastoral counseling by the actor and the counseling relationship was used to facilitate sexual contact between the actor and said person. (3) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one nor more than three years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Chambless of the 163rd and Harris of the 17th move to amend the Com mittee substitute to HB 1033 by adding in the title on line 7 of page 1 between the first semicolon and the first word "to" the following:
"to provide that consent of the victim shall not be a defense to a prosecution;".
By adding between lines 31 and 32 on page 1 the following:
"(3) Consent of the victim shall not be a defense to a prosecution under this subsec tion."
By striking from line 32 of page 1 the following: "(3)",
and inserting in lieu thereof the following: "(4)".

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:

TUESDAY, FEBRUARY 20, 1996

1135

Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck
Buckner Y Bunn
Burkhaltsr YByid
Campbell
Y Canty Y Carter Y Chambless YChannell Y Childere Y Coker Y Coleman, B
Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton YFloyd
Godbee Y Golden
Good win Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard Y Heckstall
Hegstrom Y Hembree YHenson Y Holland
Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin
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 YLifsey
Lord Lucas Y Maddoi YMann Y Martin Y McBee YMcCall Y McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter E 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 YScoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow
Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Streat Taylor YTeague Y Teper Y Thomas Tfflman Y Titus YTowery
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 passage of the Bill, by substitute, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 654. By Representative Byrd of the 170th:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide a procedure for establishing compensation for members of county governing authorities, elected chief executive officers, and other county officers.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide a procedure for establishing com pensation for members of county governing authorities, elected chief executive officers, and other county officers; to provide for definitions, conditions, and notice; to provide that compensation in effect on January 1, 1995, shall remain in effect until increased; to pro vide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, is amended by adding a new Code Section 36-5-24 to read as follows:

1136

JOURNAL OF THE HOUSE,

"36-5-24.
(a) As used in this Code section, the term: (1) 'County officer' means an elected county official as defined in subparagraph (a) of Article IX, Section I, Paragraph III of the Constitution of the State of Georgia. (2) 'Expenses in the nature or compensation' means any expense allowance or any form of payment or reimbursement of expenses other than reimbursement for expenses actually and necessarily incurred by members of a county governing author ity, an elected county chief executive officer, or a county officer.
(b) The governing authority of each county is authorized to fix the salary, compensa tion, expenses, and expenses in the nature of compensation of the members of the gov erning authority, any elected county chief executive officer, and any county officer subject to the following conditions:
(1) Any increase in salary, compensation, or expenses in the nature of compensation for members of a county governing authority shall not be effective until the first day of January of the year following the next regular county election held after the date on which the action to increase the compensation was taken; (2) A county governing authority shall take no action to increase salary, compensa tion, or expenses in the nature of compensation until notice of intent to take such action has been published in a newspaper designated as the legal organ for the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken; and (3) Such action shall not be taken during the period of time beginning with the date that candidates for election as members of the county governing authority may first qualify as such candidates and ending with the date members of the governing author ity take office following their election. (c) Salary, compensation, and expenses in the nature of compensation paid to members of county governing authorities, elected county chief executive officers, and county offi cers in accordance with applicable local or general salary laws in effect on January 1, 1995, and as subsequently amended, shall continue in full force and effect as minimum compensation for such county officials unless such compensation is increased pursuant to subsection (b) of this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Simpson of the 101st and Stallings of the 100th move to amend the Com mittee substitute to HB 654 as follows:
On page 2 after the period on line 28 add the following:
However, any county which has a referendum to put in the county manager form of gov ernment may decrease the compensation of any county officer or county chief executive officer.

Representatives Walker of the 141st and Floyd of the 138th move to amend the Commit tee substitute to HB 654 as follows:
after the word "action" on line 10, page 2, add the words:
", including the amount of the present salary, compensation, or expenses and the pro posed increases, if any, in salary, compensation, or expenses,".

The following amendment was read:

TUESDAY, FEBRUARY 20, 1996

1137

Representative Kaye, et al. move to amend the Committee substitute to HB 654 as follows: Insert between lines 19 & 20 on page 2:
"(4) Such action must be ratified by the voters at the next regular county election."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
Y Ashe N Bailey N Baker
Y Bannister N Barfoot N Bargeron
Barnard Barnes Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty N Carter Chambless N Chaimell N Childers Y Coker Y Coleman, B N Coleman, T N Connell N Crawford

E Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G YOU
Dixon, H N Dixon, S NDobbs YEhrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden YGoodwin N Greene Y Grindley N Manner Y Harbin Y Harris N Heard NHeckstall 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 N Johnston
Jones Y Joyce YKaye N Kinnamon
Y Klein YLadd YLakly NLane N Lawrence NLee Y Lewis
Lifsey
NLord N Lucas Y Maddox YMann N Martin NMcBee NMcCall
McClinton
N McKinney Y Mills
Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham

N Parrish Y Parsons Y Pelote N Perry Y Pinholster N Polak N Ponder
N Porter EPoston N Powell N PurceU, A N PurceU, B
Randall N Randolph
NRay N Reaves N Reichert
Roberts N Rogers 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 N Smith, T Y Smith, V

Y Smith, W NSmyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper
Thomas Y Tillman Y Titus
Y Towery Y Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L NWall
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

On the adoption of the amendment, the ayes were 61, nays 99. The amendment was lost.

The following amendment was read:

Representative Byrd of the 170th moves to amend the Committee substitute to HB 654 as follows:
By inserting on page 2 a new subsection (d) immediately following subsection (c) to read as follows:
"(d) This Code section shall not prohibit the General Assembly from enacting or amending a local law at any time to provide for the compensation of members of a county governing authority or a county officer. If such action is taken by the General Assembly, a county governing authority affected by such local law shall not increase the salary, compensation, or expenses in the nature of compensation of the affected county officials pursuant to subsection (b) of this Code section until at least the second calen dar year following the enactment of any such local law."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1138

JOURNAL OF THE HOUSE,

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Barnard Barnes Bates Y Benefield
Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J N Brush YBuck Y Buckner
YBunn N Burkhalter
YByrd Y Campbell
Canty Y Carter
Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T YConnell Y Crawford

E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G YDix Y Dixon, H
Y Dixon, S Y Dobbs YEhrhart
YEpps Y Evans Y Falls
Y Felton Y Floyd
Godbee Y Golden N Goodwin
Greene Y Grindley YHanner N Harbin
Harris 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
Jenkins Y Johnson, G Y Johnson, J N Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas Y Maddox YMann YMartin
McBee NMcCall
McClinton Y 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
Pinholster YPolak Y Ponder Y Porter EPoston
Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder YScoggins YShanahan YShaw Y Sherrill N 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 N Snelling YSnow YStallings Y Stancil, F
Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper
Thomas YTillman
Y Titus Y Towery
YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmorland N Whitaker Y White Y Wiles
Williams, B N Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 142, nays 12. The amendment was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Alien
N Anderson NAshe N Bailey N Baker N Bannister YBarfoot N Bargeron Y Barnard
Barnes
Bates N Benefield
N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, J N Brush NBuck N Buckner N Burn] N Burkhalter

YByrd N Campbell N Canty Y Carter
Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell N Crawford E Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay Y DeLoach, B
N DeLoach, G NDix N Dixon, H N Dixon, S Y Dobbs

N Ehrhart NEpps N Evans N Falls N Felton
N Floyd N Godbee N Golden N Goodwin N Greene N Grindley Y Banner N Harbin N Harris N Heard Y Heckstall N Hegstrom N Hembree N Henson Y Holland Y Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins N Johnson, G
N Johnson, J N Johnston N Jones Y Joyce NKaye N Kinnamon N Klein NLadd NLaily NLane N Lawrence NLee N Lewis
Lifsey YLord N Lucas N Maddox YMann YMartin

N McBee NMcCall
McClinton Y McKinney
N Mills Mobley, B
N Mobley, J Y Mosley Y Mueller N O'Neal YOrrock NParham N Parrish N Parsons Y Pelote N Perry N Pinholster YPolak Y Ponder N Porter E Poston
Powell N Purcell, A N Purcell, B

TUESDAY, FEBRUARY 20, 1996

1139

Randall Y Randolph NRay N Reaves YReichert N Roberts N Rogers Y Royal N Sanders N Sauder NScoggins NShanahan

N Shaw N Sherrill N Shipp Y Simpson Y Sinkfield Y 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 N Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephenson N Streat N Taylor

N Teague N Teper Y Thomas N Tillman N Titus N Towery N Trense N Tumquest
Twiggs Y Walker, L N Walker, R.L N Wall

Watson Y Watts Y Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 38, nays 129. The Bill, having failed to receive the requisite constitutional majority, was lost.

HB 873. By Representative Teper of the 61st:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Anno tated, relating to conveyance of rights in works of fine art, so as to change a certain condition upon which printers may agree to duplicate works of fine art.

The following substitute, offered by Representatives Teper of the 61st and Towery of the 30th was read and adopted:

A BILL
To amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to the conveyance of rights in works of fine art, so as to add and clarify definitions; to pro vide for signed statements regarding the rights to duplication of fine art stored or trans mitted as electronic data or in digital form; to provide for the customer's responsibility; to provide for immunity for printers in certain circumstances; to correct cross-references; to provide for prospective application; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to the convey ance of rights in works of fine art, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Artist' means the creator of a work of fine art. (2) 'Customer' means a person who contracts to have a printer duplicate a work of fine art. (3) 'Duplicate' means to print, copy, or otherwise reproduce. (4) 'Fine art' means a painting, sculpture, drawing, photograph, craft work, fiber art, or work of graphic art4 except a work that a customer had specifically created as a work for hire pursuant to federal copyright laws. (5) 'Fine print' includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph but does not include industrial designs. (6) 'Industrial design' means the aesthetic appearance of an article used in commerce. (6.1) 'Person' means an individual, partnership, corporation, association, entity, or other group, however organized. (7) 'Printer' means a person who contracts to duplicate a work of fine art for a cus tomer. (8) 'Work of fine art" means any work of visual or graphic art of any media, including, but not limited to, fine art, fine print, or film."

1140

JOURNAL OF THE HOUSE,

SECTION 2. Said Code section is further amended by striking subsections (e), (f), (g), and (h) and inserting in lieu thereof the following:
"(e) Whenever a customer shall present to a printer for duplication information or images that include a work of fine art stored or duplicated as electronic data or in any digital form or that is transmitted to the printer as electronic data or in any digital form, it shall be the sole responsibility of the customer to provide a signed statement in compliance with the provisions of subsection (h) of this Code section to the printer that the customer has the legal right or license authorizing such duplication or that those rights have passed into the public domain pursuant to federal copyright laws. {e)(f) Ne Except as provided in subsection (e) of this Code section, no printer shall enter into any agreement with any customer to duplicate a work of fine art when that customer's aggregate paid and unpaid obligations to that printer for all such prior or current duplications of that work of fine art exceed $2,000.00 unless the printer obtains, at the time such aggregate obligation first exceeds $2,000.00, a signed statement from the customer that the customer has the legal right or license authorizing such duplica tion or that those rights have passed into the public domain pursuant to federal copy right laws.
(g) Any printer who duplicates a work of fine art in reliance upon a statement obtained pursuant to subsection (ej or (f^ of this Code section will incur no liability for damages under subsection (j) of this Code section. ffi(h) The statement required by subsection subsections (e) and (f) of this Code section:
(1) Does not have to be sworn; (2) May be included on the invoice, purchase order, proposed form, or other docu ment; (3) May be signed one time and kept on file for all duplications for the same cus tomer; (4) May be signed by any employee or agent of the customer on the customer's behalf; and (5) Shall be in substantially the following form:
'STATEMENT The undersigned customer has obtained in writing the legal right or license which authorizes the duplication of the work of fine art which has been requested by the undersigned or those rights have passed into the public domain pursuant to federal copyright law. A printer to whom this statement is presented may rely upon it in performing the requested duplication of the work of fine art.

(Customer's signature)

(Date)' {g}(i) This Except for subsection (e) of this Code section, this Code section applies to sales, transfers, and conveyances made on or after July 1, 1990, and applies to agree ments to duplicate a work of fine art made on or after July 1, 1991. Subsection (e) of this Code section applies to agreements made on or after July 1^ 1996, to duplicate fine art stored, transmitted, or duplicated as electronic data or in a digital form. {h)(J) Any person who violates subsection (e) or ^fj of this Code section or who signs the statement provided for therein knowing it to be false shall be civilly liable therefor and the person damaged thereby may recover trebled actual damages, court costs, and attorney's fees."
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.

TUESDAY, FEBRUARY 20, 1996

1141

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck
Buckner YBunn Y Burkhalter YByrd
Y Campbell Y Canty Y Carter
Y Chambless Y Channell Y Childers
Coker Y Coleman, B
Coleman, T Y Connell Y Crawford

E Crews Y Culbreth Y Cuminings Y Davis, G
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
Golden Y Goodwin
Y Greene Y Grindley
Manner Y Harbin Y Harris 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 Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall
McClinton Y McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons
Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter E Poston
Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph
YRay Reaves
Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W Y Smyre Y Snelling
YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Watson 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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Pelote of the 149th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.

The following Senate substitute was read:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to require that records be maintained regarding dangerous drugs; to require labeled

1142

JOURNAL OF THE HOUSE,

original containers for controlled substances and dangerous drugs; to change certain penal ties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following:
"(YY) Aminorex;", and striking from paragraph (5) thereof the following: "Gamma hydroxybutyric acid (gamma hydroxy butytrate); and", and inserting in its place the following: "gamma hydroxybutyric acid (gamma hydroxy butyrate); and".
SECTION 2. Said chapter is further amended by adding at the end of Code Section 16-13-27, relating to Schedule III controlled substances, the following paragraph:
"(7) Butorphanol."
SECTION 3. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(13.1) Acyclovir; (31.1) Amiloride-hydrochloride; (120) Butorphanol; (153.8) Ceftriaxone sodium; (192.1) Cilastatin sodium; (193) Cimetidine; (270.5) Diclofenac sodium; (311.1) Disibind; (379) Etidronate disodium diphosphonate; (395) Fluoride; (395.4) Fluoxetine; (395.7) Flurbiprofen; (396) Flurometholone; (470.1) Indium IN III oxyquinolone; (509.15) Ketoprofen; (509.2) Labetolol sodium; (530) Loxapine; (550.5) Mefloguine HCL; (637) Naphazoline: (638) Naproxen; (651) Reserved; (668.5) Oxiconazole nitrate; (704.1) Permethrin; (841) Ritodrine; (855.7) Sertralline; (886) Spironolactone; (887) Reserved; (931.9) Terazosin HCL; (944) Reserved: (1042.1) Zomepirac sodium;".
SECTION 4. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(13.3) Acrivastine; (13.5) Acyclovir; (19.6) Alendronate;

TUESDAY, FEBRUARY 20, 1996

1143

(31.1) Amiloride; (68.15) Atovaquone; (115.3) Budesonide; (115.5) Bumetanide; (116.5) Buspirone; (120) Reserved; (124.3) Calcifediol; (124.7) Calcipotriene; (151.5) Cefepime; (153.8) Ceftriaxone; (166.5) Chlorhexidine; (191.5) Chymopapain; (192.1) Cilastatin; (193) Cimetidine - See exceptions; (201.5) Clomipramine; (234.5) Cysteamine; (237.5) Dalteparin; (270.5) Diclofenac; (311.3) Dirithromycin; (311.5) Disibind; (314.5) Divalproex; (317.3) Dornase Alpha; (317.4) Dorzolamide; (330.5) Edetate; (361.5) Ethinamate; (379) Etidronate; (381.1) Famciclovir; (381.2) Famotidine - See exceptions; (381.7) Fenofibrate; (395) Fluorescein; (396) Fluoride; (396.5) Fluorometholone; (399.5) Fluoxymesterone; (402.2) Flurbiprofen; (402.8) Fluvastatin: (402.9) Fluvoxamine: (420.5) Glycine; (430.5) Granisetron; (432.9) Guanidine; (465) Imiglucerase; (470.1) Indium IN-III oxyquinolone; (470.3) Indium IN-III pentetreotide; (475.5) lobenguane; (489.1) lopromide; (489.5) lotrolan; (491.5) Ipratropium; (509.15) Ketoprofen - See exceptions; (509.2) Labetalol; (511.5) Lamotrigine; (512.5) Lansoprazole; (516.5) Levocabastine; (517.4) Levonordefrin;
(528.3) Lodoxamide;
(529.95) Losartan;
(530) Lovastatin;
(530.5) Loxapine;
(550.5) Mefloguine;

1144

JOURNAL OF THE HOUSE,

(567.2) Mersalyl; (572.5) Metformin; (612.5) Metrizoate; (623.5) Mometazone; (626.5) Mupirocin; (627.5) Mycophenolate; (634.5) Nalmefene; (637) Naphazoline - See exceptions; (638) Naproxen - See exceptions; (638.7) Nefazodone; (644.7) Nisoldipine; (651) Norepinephrine; (666.6) Oxamniquine; (668.5) Oxiconazole; (692.5) Pegaspargase; (701.5) Pentetate calcium trisodium; (704) Perindopril; (704.1) Permethrin - See exceptions; (841) Reserved; (842.4) Rimantadine; (842.7) Rimexolone; (843.3) Risperidone; (843.7) Ritodrine; (844.5) Rocuronium; (850.5) Salmeterol; (855.7) Sertraline; (855.8) Sevoflurane; (886) Spirapril; (887) Spironolactone; (890.5) Stavudine; (930.7) Tacrolimus; (931.9) Terazosin; (944) Thallous chloride; (967.3) Tioconazole; (973.7) Tramadol; (995.5) Trimetrexate; (1021.7) Valacyclovir; (1027.6) Venlafaxine; (1032.5) Vinorelbine;".
SECTION 5. Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following:
"(18) Pheniramine - where the oral dose is 25 mg. or less;", and adding in the appropriate positions in that subsection (c) the following paragraphs:
"(7.1) Cimetidine - when a single dosage unit is 100 mg or less; (9.5) Famotidine - when a single dosage unit is 10 mg or less;
(12.5) Ketoprofen - when a single dosage unit is 12.5 mg or less; (14.3) Naphazoline - when used in an ophthalmic solution in a concentration of 0.027 percent or less in combination with a pheniramine concentration of 0.315 percent or less; (14.5) Naproxen - where a single dosage unit is 220 mg. or less; (17.3) Permethrin - when used as a topical preparation in a strength of 1 percent or less; (18) Pheniramine - when the oral dose is 25 mg. or less, or when used in an ophthal mic solution in a concentration of 0.315 percent or less in combination with a naphazoline concentration of 0.027 percent or less;".

TUESDAY, FEBRUARY 20, 1996

1145

SECTION 6. Said chapter is further amended by striking the period and inserting "; and" at the end of paragraph (5) of Code Section 16-13-72, relating to conditions for certain transactions in dangerous drugs, and inserting immediately thereafter a new paragraph to read as fol lows:
"(6) Such person, firm, corporation, or association shall keep a complete and accurate record of all dangerous drugs received, purchased, manufactured, sold, dispensed, or otherwise disposed of and shall maintain such records for at least two years or in conformance with any other state or federal law or rule issued by the Georgia State Board of Pharmacy."
SECTION 7. Said chapter is further amended by striking Code Section 16-13-75, requiring drugs to be kept in original containers, and inserting in its place the following:
"16-13-75.
Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Section Sections 16-13-35 or 16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practitioner of the healing arts and are labeled according to Code Sec tion 26-3-8."
SECTION 8. Said chapter is further amended by striking Code Section 16-13-79, relating to violations, and inserting in its place the following:
"16-13-79. (a) Except as provided in subsections (b), (c), and (d) of this Code section, any Ay per son who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be pun ished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both. (c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment pre scribed by the order of a licensed medical practitioner, except as provided for by para graph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both. (d) Any person who obtains carisoprodol by fraud, theft, deceit, misrepresentation, sub terfuge, forgery or alteration of a prescription or written order, concealment of a mate rial fact, or the use of a false name shall be guilty of a felony and punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both."
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HB 342.
On the motion, the roll call was ordered and the vote was as follows:

1146

JOURNAL OF THE HOUSE,

Y Alien Y Andersen
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty
Carter Y Chambless Y Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y DUon, H Y Diion, S Y Dobbs YEhrhart
YEpps Y Evans
Y Falls Y Felton YFloyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard YHeckstall Y Hegstrom Y Hembree YHenson
Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Y Jrvin 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
Lifsey YLord
Y Lucas Y Maddoi YMann Y Martin Y McBee YMcCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock
YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPolak Y Ponder Y Porter EPoston Y Powell Y Purcell, A
PurceU, B Randall Y Randolph YRay Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W YSmyre
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 Y Tumquest 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 163, nays 0. The motion prevailed.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 21, 1996

1147

Representative Hall, Atlanta, Georgia Wednesday, February 21, 1996

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 Ronald Terry, Pastor, New Fellowship Baptist Church, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
Pursuant to Rule 58, Representative Kaye of the 37th served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on Retirement to report the following Bill back to the House:
HB 311. By Representatives McBee of the 88th, Scoggins of the 24th, Culbreth of the 132nd, Taylor of the 134th and Cummings of the 27th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize credit able service for unused sick leave which is accumulated at the time of retire ment.
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:

1148

JOURNAL OF THE HOUSE,

HB 1759. By Representatives Williams of the 114th and Howard of the 118th:
A bill to amend Chapter 1 of Title 25 of the Official Code of Georgia Anno tated, relating to general provisions applicable to fire protection and safety, so as to provide that any condition or impairment of health of any firefighter caused by lung disease, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to be accidental and to have been suffered in the line of duty.
Referred to the Committee on Industry.

HB 1760. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to compensation for property destroyed.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1761. By Representatives Heard of the 89th, McBee of the 88th and Scoggins of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide that certain provisions relating to storage of records at a location other than a courthouse in counties having a population of 550,000 or more are made applicable state wide.
Referred to the Committee on Judiciary.

HB 1762. By Representatives Golden of the 177th, Bates of the 179th, Titus of the 180th, Carter of the 166th, Bostick of the 165th and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1763. By Representatives Whitaker of the 7th, Murphy of the 18th, McBee of the 88th, Purcell of the 147th, Jamieson of the 22nd and others:
A bill to amend Article 1 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to distribution, storage, and sale of gas, so as to require the furnishing of gas service to cer tain areas by local gas companies which have held a certificate or certificates of public convenience and necessity for seven or more years.
Referred to the Committee on Industry.

HB 1764. By Representatives Connell of the 115th and Williams of the 114th:
A bill to amend an Act providing a homestead exemption from all Richmond County ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 or who are 65 years of age or over, so as to increase the annual income ceiling to $25,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 21, 1996

1149

HB 1765. By Representatives Mills of the 21st and Crews of the 78th:
A bill to amend Code Section 19-5-3 of the Official Code of Georgia Anno tated, relating to the grounds for total divorce, so as to change certain provi sions regarding the amount of time which must elapse before a divorce may be granted on the ground the marriage is irretrievably broken.
Referred to the Committee on Judiciary.

HB 1766. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salary of the solicitor of such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1767. By Representative Johnson of the 84th:
A bill to amend Article 2 of Chapter 7 of Title 17, relating to commitment hearings, so as to provide for a pilot program in the Magistrate Court of Gwinnett County involving nonuniform rules of practice and procedure.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1768. By Representative Barnard of the 154th: A bill to reincorporate the City of Bellville; to provide a new charter.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1769. By Representatives Golden of the 177th, Reaves of the 178th and Shaw of the 176th:
A bill to repeal an Act approved March 20, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitu tional amendment duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1770. By Representatives Ladd of the 59th, Johnston of the 81st, O'Neal of the 75th, Johnson of the 84th, Klein of the 39th and others:
A bill to amend Code Section 32-9-4 of the Official Code of Georgia Anno tated, relating to designation and use of highway travel lanes, so as to pro vide that the department may authorize alternative fuel vehicles to use certain lanes.
Referred to the Committee on Transportation.

HB 1771. By Representatives Canty of the 52nd, Davis of the 48th, Holmes of the 53rd, Heckstall of the 55th and McKinney of the 51st:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to repeal certain provisions regarding the status of ad valorem taxes pending review in those counties having a population of 550,000 or more according to the United States decennial census of 1970.
Referred to the Committee on Ways & Means.

1150

JOURNAL OF THE HOUSE,

HB 1772. By Representatives Coleman of the 80th and Goodwin of the 79th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1773. By Representatives Epps of the 131st and Skipper of the 137th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Anno tated, relating to use of the proceeds of a special purpose local option sales tax, so as to change the provisions relating to the proceeds of a special pur pose local option sales tax imposed for development of a sanitary landfill which purpose becomes economically infeasible.
Referred to the Committee on Ways & Means.

HB 1774. By Representatives Royal of the 164th, Jamieson of the 22nd and Buck of the 135th:
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 that the sales tax for educational purposes shall be levied and collected in the same manner as the special county 1 percent sales and use tax under Article 3 of said chapter.
Referred to the Committee on Ways & Means.

HB 1775. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Thomas County," so as to provide for the filling of vacancies on such board of commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1776. By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act providing a new charter for the City of Blakely, so as to repeal certain provisions relating to the city administrator; to repeal certain provisions relating to council interference with administration.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1777. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to abolish the office of elected county surveyor of Spalding County; to provide for appointment of a county surveyor by the governing authority of Spalding County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1778. By Representative Floyd of the 138th:
A bill to amend an Act entitled "An Act to abolish the offices of tax collector and tax receiver in the County of Dooly," so as to change the salary of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 21, 1996

1151

HB 1779. By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act providing for the election of the Board of Commis sioners of Schley County, so as to change the compensation of the chairman and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1780. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1781. By Representative Birdsong of the 123rd: A bill to create a board of elections and registration in Wilkinson County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1782. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members, so as to abolish the Municipal Court of Augusta-Richmond County as of January 1, 1997.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1783. By Representative Purcell of the 9th:
A bill to provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether animal control regula tions should be established and an animal control department created.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1784. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to create the Americus Theater and Cultural Center Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1785. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
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 add a provision dealing with the appropriation of funds for any fiscal year beginning July 1, 1996; to state legislative intent with respect to program weights; to provide for a change in the program weights allotted to state authorized instructional programs.
Referred to the Committee on Education.

HR 1072. By Representative Parham of the 122nd: A resolution creating the House Young Drivers Study Committee.
Referred to the Committee on Rules.

1152

JOURNAL OF THE HOUSE,

HR 1073. By Representative Smith of the 169th: A resolution designating the Daniel Warnell Lee Memorial Bridge.
Referred to the Committee on Transportation.

HR 1074. By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st, McBee of the 88th, Coleman of the 142nd and others:
A resolution relating to the importance of the Senior Reserve Officers' Train ing Corps program at North Georgia College.
Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 1789. By Representatives Crews of the 78th and Jenkins of the 110th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to procurement of a license to carry a pistol or revolver, so as to change the provisions relating to the prohibition against granting a license to any person convicted of certain drug offenses; to change the defini tion of the term "convicted".
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1742 HB 1743 HB 1744 HB 1745 HB 1746 HB 1747
2o I 7,4** ntHHrtoBoS 1T117777K54519n HB 1752
HB 1753 HB 1755 HB 1757
HB 1758

HR 1039 HR 1040 HR 1041 HR 1042 HR 1043 HR 1044
HR 1045 THwHTKTRnJ i1i1Ar00v>44ic7a87 SB 428
SB 630 SB 696 SB 712
HB 1756

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:

HB 1756. By Representatives Skipper of the 137th, Chambless of the 163rd and Childers of the 13th:
A bill to amend Article 12 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care data collection systems, so as to change the provisions regarding definitions and the terms and conditions of reporting, analysis, and dissemination.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 21, 1996

1153

Y Alien Y Anderson
Ashe
Y Bailey Y Baker N Bannister YBarfoot Y Baigeron Y Barnard YBames
Bfttes Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove N Brooks, D
Y Brooks, T N Brown, J N Brush YBuck N Buckner NBunn
Burkhalter Byrd N Campbell Canty Carter Y Cbambless Y Channell Y Childere Coker N Coleman, B Coleman, T Connell Y Crawford

N Crews Culbreth
Y Cummings Davis, G
N Davis, M
NDay DeLoach, B
N DeLoach, G NDix Y Dixon, H Y Dixon, S YDobbs NEhrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden NGoodwin Y Greene N Grindley YHanner N Harbin N Harris Y Heard
Heckstall Y Hegstrom
Hembree Y Henson Y Holland
Holmes Y Howard
Hudson Y Hugley

NIrvin Y James Y Jamieson
Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye
Kinnaroon N Klein NLadd NLakly YLane N Lawrence YLee N Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin Y McBee YMcCaU Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J YMosley N Mueller Y O'Neal YOrrock YParham

Y Parrish Parsons
Y Pelote Y Perry N Pinholster
YPolak Ponder
Y Porter YPoston Y Powell Y Purcell, A
Purcell, B Randall
Y Randolph Ray Reaves Reichert
Y Roberts Y Rogers
Royal N Sanders
Sauder Scoggins Y Shanahan YShaw Y Sherrill
N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V

Smith, W E Smyre N SneUing
YSnow YStallings Y Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephenson
Y Streat Y Taylor
YTeague Y Teper Y Thomas YTillman N Titus
Towery NTrense
Tumquest YTwiggs Y Walker, L N Walker, R.L
Y Wall Y Watson Y Watts N Westmorland
Whitaker White N Wiles Williams, B Williams, J N Williams, R N Woods N Yates Murphy, Spkr

On the motion, the ayes were 85, nays 52. The motion was lost.

Representative Walker of the 141st moved that the House reconsider its action in fail ing to engross HB 1756.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Y Bailey Y Baker N Bannister
YBarfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Breedlove N Brooks, D
Y Brooks, T N Brown, J
N Brush YBuck Y Buckner
N Bunn Burkhalter Byrd
N Campbell
Y Canty Carter
Y Chambless

Channell Y Childers
Coker N Coleman, B
Coleman, T Connell N Crawford N Crews Y Culbreth Y Cummings Davis, G N Davis, M NDay 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 YGodbee Golden N Goodwill
Y Greene

N Grindley YHanner N Harbin N Harris
Y Heard Heckstall
Y Hegstrom N Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hugley NIrvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye
Kinnamon N Klein NLadd NLakly YLane

N Lawrence YLee
Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin
McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal
YOrrock YParham Y Parrish
Parsons
Y Pelote Y Perry N Pinholster YPolak
Ponder Y Porter

YPoston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph
YRay Y Reaves
Reichert Roberts Y Rogers Royal
N Sanders Sauder Scoggins
Y Shanahan
YShaw Y Sherrill
N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T Smith, V N Smith, W

1154

JOURNAL OF THE HOUSE,

E Smyre Smiling
YSnow Y Stuffings
StancU, F N Stancil, S
Stanley, L

Stanley, P Y Stephenaon Y Streat Y Taylor YTeague YTeper Y Thomas

Y Tillman N Titus
Towery N Trense Y Tumquest YTwiggs Y Walker, L

On the motion, the ayes were 88, nays 52. The motion prevailed.

N Walker, H.L Y Wall Y Watson Y Watts N Westmorland
Whitaker White

N Wiles N Williams, B
Williams, J
N Williams, R N Woods NYates
Murphy, Spkr

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1736 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1472 Do Pass, by Substitute HB 1513 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1482 Do Pass, by Substitute HB 1728 Do Pass

SB 438 Do Pass SB 563 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

WEDNESDAY, FEBRUARY 21, 1996

1155

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills and Resolu tions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1739 Do Pass HR 1032 Do Pass HR 1049 Do Pass

HR 1050 Do Pass SB 667 Do Pass

Respectfully submitted, M Lee of the 94th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 988 Do Pass HR 1001 Do Pass

SB 587 Do Pass, by Substitute SB 693 Do Pass

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1707 Do Pass HB 1726 Do Pass HB 1727 Do Pass
HB 1729 Do Pass

HB 1741 Do Pass HR 1020 Do Pass SB 691 Do Pass
SB 723 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1166 Do Pass, by Substitute HB 1530 Do Pass, by Substitute HB 1619 Do Pass

1156

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 21, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enu merated below:

HB 1030 HB 1221 HB 1293 HB 1368 HB 1382 HB 1504 HB 1525 HB 1591 HB 1627 HB 1650

Wills and estates; amend provisions Building codes; certain water and sewer lines; self-inspection State quartermaster; change name to state property & fiscal officer General Assembly; air travel expenses; exception to limitation Property assessment; electronic data processing systems Surface water; transfer between watersheds & river basins; permits Real estate; community association site manager State and local governments; credit card payments; authorize Limited liability limited partnership; provisions Local retirement systems; biennial financial reports

HR 931 Cert assistance; urge payment by electronic benefit transfer

SB 547 Dawson Co. - change term of court (Middleton of the 50th)

SB 641 Student Fin. Comm. Emp. - become mbrs. of Stud. Fin. Auth. (Hill of the 4th)

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 1726.

By Representatives Floyd of the 138th and Walker of the 141st:
A bill to amend an Act creating a board of commissioners for Crisp 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 1727.

By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Shipp of the 38th:
A bill to repeal an Act creating the State Court of Cherokee and Forsyth Counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 21, 1996

1157

HB 1729. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Evans of the 28th:
A bill to create the State Court of Cherokee County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1741.

By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an act creating the Perry Area Convention and Visitors Bureau Authority, so as to provide for an additional ex officio member of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 691. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act entitled "An Act creating the Clayton Judicial Cir cuit," as amended, so as to provide that the investigators employed by the district attorney's office shall have the powers of a peace officer; to provide that such persons shall be qualified as peace officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 723. By Senator Middleton of the 50th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Union County shall be appointed by a majority vote of the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County; to provide for terms of office and vacancies; to repeal a specific Act; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1707. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to provide a homestead exemption from certain ad valorem taxes levied by Fayette County for county purposes and to provide a homestead exemption from certain Fayette County School District ad valorem taxes for educational purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe

Y Bailey Y Baker
Y Bannister

Barfoot Y Bargeron
Y Barnard

Y Barnes Y Bates
Benefield

Y Birdsong Y Bordeaux
Bostick

1158

JOURNAL OF THE HOUSE,

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty
Carter Y Chamblese
Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell 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
YDobbs

YEhrhart YEpps Y Evans
Y Falls Y Felton
Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree YHenson 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 Yiaein YLadd YLakly YLane
Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox YMann Y Martin YMcBee YMcCall Y McClinton
McKinney
Y Mills Mobley, B
Y Mobley, J Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Ponder Y Porter YPoBton Y Powell Y PurceU, A Y Purcell, B
Randall Y Randolph YRay Y Reaves
Reichert Roberta Y Rogers Royal
Y Sanders Sauder
YScoggins YShanahan YShaw YSherrill YShipp Y Simpaon 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 ESmyre
SneUing

Snow Y Stalling) Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson YStreat Y Taylor YTeague YTeper Y Thomas YTillman Y Titus
Towery YTrense
Y 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
Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bills, the ayes were 154, nays 0. The Bills, having received the requisite constitutional majority, were

HR 1020. By Representative Pinholster of the 15th:
A resolution creating the Pickens County Property Tax Structure Study Committee.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Anderson
Ashe Y Bailey Y Baker
Y Bannister Barfoot
Y Bargeron Y Barnard YBarnes
Y Bates Benefield
Y Birdsong
Y Bordeaux Bostick
Y Breedlove Y Brooks, 0 Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn

Y Burkhalter YByrd Y Campbell Y Canty
Carter Y Chambless
Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Y Crawford Y Crews Y Culbreth Y Cuminings
Davis, G Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H

Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd
YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree YHenson 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
Lord

Y Lucas Y Maddox YMann Y Martin Y McBee
YMcCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham
Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Ponder

WEDNESDAY, FEBRUARY 21, 1996

1159

Y Porter YPoston YPowell YPurcell, A YPurcell, B
Randall Y Randolph
YRay Y Reaves
Reichert Roberts Y Rogers Royal

Y Sanders Sauder
YScoggins Y Shanahan Y Shaw Y Sherrill Y Shipp YSimpson 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 E Smyre
Snelling Snow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Stephenson

Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense 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 Williams, J
Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 169. By Senator Egan of the 40th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to outdoor advertising along the state highway system, so as to provide that the Department of Transportation shall not allow or undertake the removal, trimming, cutting, clearance, or alteration of any trees or vegetation on the state's rights of way to improve the visibility of any outdoor advertising sign.

SB 593. By Senators Stokes of the 43rd, Griffin of the 25th, Newbill of the 56th and Langford of the 29th:
A bill to amend Article 4 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require cer tain full-time local school system finance officers and accounting personnel to attend and complete the School Finance Officers Certification Program conducted by the Carl Vinson Institute of Government.

SB 658. By Senators Abernathy of the 38th, Edge of the 28th, Tysinger of the 41st and others:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance; to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to require taxicab owners and limousine carriers to provide medical insurance coverage for members of the general public against bodily injury or death resulting from the negligent operation of taxicabs or limousines.

SB 659. By Senators Dean of the 31st, Ray of the 19th and Marable of the 52nd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties, so as to amend the provisions relating to county financial statements and audits; to delete cer tain provisions relating to publication and posting of such statements; to con form various requirements relative to such matters; to provide that copies of the county audit be submitted to the grand jury.

1160

JOURNAL OF THE HOUSE,

SB 670. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend Article 4 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the satisfaction or discharge of judgment and execution, so as to provide that executions shall be canceled within a certain time.
SB 682. By Senator Edge of the 28th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation of community improve ment districts as authorized by Article IX, Section VII of the Constitution of the State of Georgia; to provide for definitions; to provide for specific requirements for the creation of community improvement districts.
The Senate has adopted by the requisite constitutional majority the following resolu tions of the Senate and House:
SR 457. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Houston, Irwin, Lumpkin, Rabun, Richmond, Wayne, and White Counties, Georgia; to provide an effective date.
SR 458. 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 DeKalb, Murray, Tift, Towns, Upson, Washington, and White Counties, Georgia; to provide an effective date.
SR 459. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of pedestrian walks, water distribution lines and telecom munications equipment in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham, Crawford, Floyd, and Lee Coun ties, Georgia.

SR 528. By Senator Perdue of the 18th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Bibb County, Georgia.

HR 1051. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th and others:
A resolution relative to adjornment.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 287. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions, after a radio operator or driver's license examiner has accumulated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.

WEDNESDAY, FEBRUARY 21, 1996

1161

The Senate has passed by the requisite constitutional majority the following hill of the Senate:

SB 616. By Senators Farrow of the 54th, Ralston of the 51st and James of the 35th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide a presumption of joint legal and physical cus tody; to provide for exceptions; to provide an effective date; to provide for applicability.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 169. By Senator Egan of the 40th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to outdoor advertising along the state highway system, so as to provide that the Department of Transportation shall not allow or undertake the removal, trimming, cutting, clearance, or alteration of any trees or vegetation on the state's rights of way to improve the visibility of any outdoor advertising sign.
Referred to the Committee on Transportation.

SB 593. By Senators Stokes of the 43rd, Griffin of the 25th, Newbill of the 56th and others:
A bill to amend Article 4 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require cer tain full-time local school system finance officers and accounting personnel to attend and complete the School Finance Officers Certification Program conducted by the Carl Vinson Institute of Government.
Referred to the Committee on Education.

SB 616. By Senators Farrow of the 54th, Ralston of the 51st and James of the 35th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide a presumption of joint legal and physical cus tody; to provide for exceptions; to provide an effective date; to provide for applicability.
Referred to the Committee on Judiciary.

SB 658. By Senators Abernathy of the 38th, Edge of the 28th, Tysinger of the 41st and others:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance; to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to require taxicab owners and limousine carriers to provide medical insurance coverage for members of the general public against bodily injury or death resulting from the negligent operation of taxicabs or limousines.
Referred to the Committee on Judiciary.

1162

JOURNAL OF THE HOUSE,

SB 659. By Senators Dean of the 31st, Ray of the 19th and Marable of the 52nd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties, so as to amend the provisions relating to county financial statements and audits; to delete cer tain provisions relating to publication and posting of such statements; to con form various requirements relative to such matters; to provide that copies of the county audit be submitted to the grand jury.
Referred to the Committee on State Planning & Community Affairs.

SB 670. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend Article 4 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the satisfaction or discharge of judgment and execution, so as to provide that executions shall be canceled within a certain time.
Referred to the Committee on Judiciary.

SB 682. By Senator Edge of the 28th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation of community improve ment districts as authorized by Article IX, Section VII of the Constitution of the State of Georgia; to provide for definitions; to provide for specific requirements for the creation of community improvement districts.
Referred to the Committee on State Planning & Community Affairs.

SR 457. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Houston, Irwin, Lumpkin, Rabun, Richmond, Wayne, and White Counties, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 458. 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 DeKalb, Murray, Tift, Towns, Upson, Washington, and White Counties, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 459. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of pedestrian walks, water distribution lines and telecom munications equipment in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham, Crawford, Floyd, and Lee Coun ties, Georgia.
Referred to the Committee on State Institutions & Property.

WEDNESDAY, FEBRUARY 21, 1996

1163

SR 528. By Senator Perdue of the 18th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Bibb County, Georgia.
Referred to the Committee on State Institutions & Property.
Representative Walker of the 141st moved that HB 1756 be engrossed. On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron
Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner NBunn
Burkhalter YByrd N Campbell Y Canty
Carter Y Chambless
Channel! Y Guilders N Coker N Coleman, B
Coleman, T Y Cornell Y Crawtord

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 NEhrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden NGoodwin Y Greene N Grindley Y Banner N Harbin N Harris Y Heard
Hecks tall Y Hegstrom N Hembree YHenson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

NIrvin 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 N Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin Y McBee YMcCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J
Y Mosley N Mueller Y O'Neal Y Orrock Y Parham

On the motion, the ayes were 105, nays 58. The motion was lost.

Y Parrish Y Parsons Y Pelote Y Perry
N Pinholster Y Polak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves
Reichert Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V

N Smith, W
E Smyre Snelling
YSnow Y StalUngs
Y Stancil, F N Stancil, S
Y Stanley, L Stanley, P
Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman N Titus N Towery N Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L YWall
Y Watson Y Watts N Westmorland
Whitaker
Y White N Wiles N Williams, B
Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The following Resolutions of the House, favorably reported by the Committee on Rules were read and adopted:

HR 1049.

By Representatives Floyd of the 138th and Walker of the 141st:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Jan Odom, Mr. J. R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stepehens and inviting them to appear and be recognized before the House of Representatives.

HR 1050. By Representatives Falls of the 125th, Reichert of the 126th, Randall of the 127th, Lucas of the 124th and Ray of the 128th:
A resolution commending the coach and players of the Tattnall Square Acad emy Trojans football team and inviting them to appear before the House of Representatives.

1164

JOURNAL OF THE HOUSE,

HR 1052. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th, Falls of the 125th, Birdsong of the 123rd and others:
A resolution welcoming citizens and public officials from Macon and Bibb County, observing February 21, 1996, as Macon Day in Atlanta-Taste of Macon, and inviting Mr. Larry Justice, Chairman of the Bibb County Board of Commissioners, to appear before the House of Representatives.

Representative Rogers of the 20th arose to a point of personal privilege and addressed the House.

Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

Representative Jamieson of the 22nd arose to a point of personal privilege and addressed the House.

Representative Cummings of the 27th moved that the following Bill of the Senate be recommitted to the Committee on Retirement:

SB 435. By Senator Abernathy of the 38th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and cer tain county employees, so as to define certain terms; to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county juvenile detention services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system.

The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1398. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change provisions relating to types of insurance; to change provisions relating to casualty insurance so that they shall refer to credit default insurance rather than credit insurance.

The following Committee substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change provisions relating to types of insurance; to provide that certain types of insur ance shall be casualty insurance; to change provisions relating to property insurance; to provide for definitions; to provide that certain premiums, costs, commissions, dividends, or other gains with respect to credit insurance shall be considered as interest, time price dif ferential, finance charge, or other charge in connection with certain credit transactions; to

WEDNESDAY, FEBRUARY 21, 1996

1165

provide for forms and rates; to provide when premiums charged for certain credit insur ance shall be deemed to be reasonable and in compliance with law; to correct certain inter nal references and cross references; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraphs (8), (9), (10), (11), (12), and (13) of Code Section 33-7-3, relating to casualty insurance, and inserting in their place new paragraphs (8), (9), and (10) to read as follows:
"(8) Credit insurance, which is insurance against less ef damage resulting frem failure ef debtors te pay their obligations te the insured; {9)(8J Malpractice insurance, which is insurance against legal liability of the insured and against loss, damage, or expense incidental to a claim of such liability, including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury, or disablement of any person, or arising out of damage to the economic interest of any person as the result of negli gence in rendering expert, fiduciary, or professional services; {tOK9) Entertainments insurance, which is insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancellation of such event or exhibition due to death, accidental injury, or sickness of performers, participants, directors, or other principals; and {H)(10J Miscellaneous insurance, which is insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this title, if the insurance is not disapproved by the Commis sioner as being contrary to law or public policy; (12) Nonrccording insurance er nonfiling insurance, which is insurance utilized eenncctton witn credit vt&ns&ctions m lieu of tiic flctu&i recording, tiling, or peicflstii^j or ft security mstrument OP iin&ncin 91citemcfit.1 i. ne preifttum cnflp^c tor tnis insupflncc
BQ.fly HOt OXecCd tnC ftCrtlfll OitlClfll 1663 WftlCIl WOUld Dft pflyflDlC TO Ilie, rGCOrdj Or
rclcooc a security instrument er financing statement. This insurance provides coverage *OP dny loss of poten11fli 1099 cftused "oy flwy mecms wricrcDy trie cfCuitor tt prevented fre obtaining possession ef-the covered property, enforcing rts rights andef a security
agreement. Nothing shall prohibit nonrccording insurance er nonfiling insurance fi-e ocin^ mcopporELted5 oy eiidorseiucut or ndop into ft vendons single interest policy or a similar typeef peheyj and \io7 Vendors single interest insupflnce, wnicn is insupftncc secvinn^ trie interest ot ft creditor as rcspccta potential less relative te> tangible property used a a collateral en-
coverages! vonciaiism and maiicious miscnict, ilood, collapse, alteration, SKIP, convcr1 sion, concealment, nonrccording insurance, misrepresentation, and embezzlement."
SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 33-7-3, to be designated Code Section 33-7-3.1, to read as follows:
"33-7-3.1.
(a) As used in this Code section, the term: (1) 'Credit insurance' means any insurance which is recognized by this title as being applicable or appropriate for use in connection with any loan, retail installment trans action, or any other credit transaction made pursuant to any law of this state. Such insurance includes, but is not limited to, the following: (A) Credit life insurance; (B) Credit accident and sickness insurance; (C) Credit unemployment insurance;

1166

JOURNAL OF THE HOUSE,

(D) Credit casualty insurance; (E) Credit property insurance; (F) Nonrecording insurance or nonfiling insurance which is property insurance uti lized in connection with credit transactions in lieu of the actual recording, filing, or releasing of a security instrument or financing statement. The premium charge for this insurance may not exceed the actual official fees which would be payable to file, record, or release a security instrument or financing statement. This insurance pro vides coverage for any loss or potential loss caused by any means whereby the credi tor is prevented from obtaining possession of the covered property, enforcing its rights under a security agreement, or obtaining the proceeds to which it is entitled under the agreement. Nothing shall prohibit nonrecording insurance or nonfiling insurance from being incorporated, by endorsement or rider, into a vendor's single interest policy or a similar type of policy; (G) Vendors' single interest insurance, which is property insurance securing the interest of a creditor as respects potential loss relative to tangible property used as collateral on credit transactions. Such insurance may include but is not limited to the following coverages: vandalism and malicious mischief, flood, collapse, alteration, skip, conversion, concealment, nonrecording insurance, misrepresentation, and embezzlement; and (H) Any other lines or sublines of insurance which may become accepted as credit insurance by the insurance and lending industries unless otherwise disapproved by the Commissioner. (2) 'Credit loss insurance' means a form of casualty insurance against loss resulting from failure of debtors to pay their obligations to the insured creditor. Such term includes but is not limited to mortgage guaranty insurance, holder-in-due-course insurance, and repossession insurance. Credit loss insurance specifically does not include any of the coverages enumerated in subparagraphs (a)(l)(A) through (a)(l)(H) of this Code section. (3) 'Creditor' means the lender of money or vendor or lessor of goods, services, prop erty, rights, or privileges for which payment is arranged through a credit transaction. Creditor also means any successor to the right, title, or interest of any such lender, vendor, or lessor and an affiliate, associate, or subsidiary of any of them or any direc tor, officer, or employee of any of them or any other person in any way associated with any of them. (4) 'Debtor' means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transac tion. (b) Notwithstanding any law which may be construed to the contrary, neither the pre mium nor cost for any credit insurance which is written by or through a creditor nor any commission, dividend, or other gain payable by an insurer to a creditor for the sale or provision of credit insurance shall be deemed as interest, time price differential, finance charge, or other charge or amount in excess of permitted charges, in connection with any loan, retail installment transaction, or other credit transaction made pursuant to the laws of this state. (c) Forms and rates for all lines or sublines of credit insurance shall be filed separately with the Commissioner. Unless disapproved by the Commissioner, pursuant to the authority to disapprove forms or rates under Chapter 9, 24, or 31 of this title, the utili zation of such forms and rates shall be deemed in compliance with this title and the premiums developed from such rates shall be deemed reasonable and in compliance with this title."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 33-7-6, relating to property insurance, and inserting in its place a new subsection to read as follows:
"(a) Property insurance is insurance on real or personal property of every kind and interest therein against loss or damage from any or all hazards or causes and against loss consequential upon such loss or damage other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as

WEDNESDAY, FEBRUARY 21, 1996

1167

defined in paragraph {14} (10) of Code Section 33-7-3, except as to any noncontractual liability coverage includable therein."
SECTION 4. Said title is further amended by striking Code Section 33-9-21.1, relating to filing and maintenance of information regarding certain casualty insurance, and inserting in its place a new Code Section 33-9-21.1 to read as follows:
"33-9-21.1.
In order to facilitate the handling of form and rate filings of certain types of miscella neous casualty insurance which prior to July 1, 1995, has been filed generally under par agraph {tt} (10) of Code Section 33-7-3, the following types of casualty insurance shall be filed separately and data relative to such types of insurance shall be maintained sepa rately:
(1) Nonrecording insurance or nonfiling insurance; and (2) Vendors' single interest insurance."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 33-31-9, relating to premiums, refunds, and credits in connection with certain credit insurance, and insert ing in its place a new subsection to read as follows:
"(a) Any insurer, subject to the power of the Commissioner to disapprove the form as provided in Code Section 33-31-8, may revise its schedules of premium rates from time to time and shall file such revised schedules with the Commissioner. Premiums charged by an insurer shall be deemed to be reasonable and in compliance with this chapter and this title if the rate utilized in the calculation of the premium has been approved by the Commissioner. No insurer shall charge premiums for credit life insurance or credit accident and sickness insurance which exceed the premium rate then on file with the Commissioner, except that for the second and subsequent years of insurance provided for the debtors of a creditor it may charge a premium in excess of such maximum if such increase is approved by the Commissioner because of unfavorable etew* claims experience. Nothing in this chapter shall be deemed to prohibit an insurer from decreas ing the premium rate on the insurance provided for the debtors of a creditor for the sec ond and subsequent years of insurance."
SECTION 6. Said title is further amended by striking subparagraph (E) of paragraph (7) of Code Sec tion 33-36-3, relating to definitions regarding the Georgia Insurers Insolvency Pool, and inserting in its place a new subparagraph (E) to read as follows:
"(E) Credit insurance (being that class of insurance referred to in paragraph {8} ef Code Section 38-7-3 33-7-3.1);".
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Childers of the 13th moves to amend the Committee substitute to HB 1398 as follows:
By adding a new Section 7 to read:
"In all instances where a company in this state sell credit life insurance in connection with any loan, the amount of the premium shall decrease commensurate with the princi pal amount of the loan over the life of the loan."

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

1168

JOURNAL OF THE HOUSE,

N Alien N Andereon N Ashe N Bailey
Baker N Bannister NBarfoot N Bargeron N Barnard YBarnes N Bates N Benefield N Birdsong Y Bordeaux N Bontick N Breedlove Y Brooks, D Y Brooks, T N Brown, J N Brush NBuck Y Buckner Y Bunn N Burkhalter NByrd N Campbell
Canty N Carter N Chambless N Channell Y Childere N Coker N Colenum, B
Coleman, T N Connell Y Crawford

N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H
N Dixon, S YDobbs NEhrhart NEpps N Evans N Falls Y Felton N Floyd NGodbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris Y Heard
N Heckstall Y Hegstrom N Hembree Y Henson Y Holland N Holmes N Howard Y Hudson N Hugley

NIrvin Y James N Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones Joyce NKaye Y Kinnamon Y Klein NLadd Lakly YLane
N Lawrence NLee N Lewis N Lifsey
NLord Lucas
N Maddox NMann Y Martin Y McBee N McCall
McClinton N McKinney N Mills
N Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
Orrock N Parham

N Parrish N Parsons N Pelote Y Perry
N Pinholster N Polak Y Ponder N Porter YPoston N Powell
N Purcell, A Purcell, B
YRandall
Y Randolph NRay N Reaves Y Reichert Y Roberts N Rogers Y Royal N Sanders N Sauder Y Scoggins N Shanahan NShaw
Sherrill
N Shipp Y Simpson
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 ESmyre N Snelling NSnow N Stallings Y Stancil, F N Stancil, S
Stanley, L N Stanley, P Y Stephenson N Streat N Taylor YTeague Y Teper Y Thomas YTillman Y Titus N Towery
NTrense Y Turnquest YTwiggs N Walker, L N Walker, R.L NWall N Watson N Watts N Westmorland N Whitaker N White N Wiles Y Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 50, nays 115. The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard NBarnes Y Bates Y Benefield
Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck
Y Buckner Y Bunn Y Burkhalter

YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell N Childere
Y Coker Y Coleman, B
Coleman, T Y Connell N Crawford Y Crews Y Culbreth N Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix N Dixon, H Y Dixon, S N Dobbs

Y Ehrhart NEpps Y Evans Y Falls
Y Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene Y Grindley Y Hanner Y Harbin N Harris
Y Heard Y Heckstall N Hegstrom Y Hembree Y Henson N Holland N Holmes Y Howard N Hudson Y Hugley

Ylrvin N James Y Jamieson
N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones N Joyce NKaye N Kinnamon N Klein
YLadd Y Lakly NLane Y Lawrence YLee Y Lewis N Lifsey
YLord Y Lucas Y Maddox
NMann N Martin

Y McBee Y McCall Y McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

WEDNESDAY, FEBRUARY 21, 1996

1169

N Randall N Randolph Y Ray
Y Reaves Y Reichert N Roberts Y Rogers N Royal Y Sanders YSauder N Scoggins YShanahan

Y Shaw Y SherriU Y Shipp
N Simpson N Sinkfield Y Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W E Smyre Y Snelling
Y Snow Y Stallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P N Stephenson Y Street Y Taylor

Y Teague N Teper Y Thomas
N Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts Y Westmoreland
Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 132, nays 43.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following Committee substitute was read:

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 property of wards shall be made under the rules and restrictions prescribed for sales by administrators of estates; to pro vide rules for public sales by guardians and sale of perishable property, property that is liable to deteriorate from keeping, property that is expensive to keep, real property, wild lands, livestock, evidences of debt which remain uncollected, and stocks or bonds; to pro vide rules regarding advertisements of sales by guardians; to provide for the exercise of discretion of guardians in demanding cash or extending credit; to provide who is bound by a warranty in a conveyance, contract, or covenant by the guardian; to provide for a return of every sale; to provide for the evidentiary effect of a recital in the guardian's deed; to provide for the divesting of liens on real property sold by a guardian; to authorize guardians to retain the property received on the creation of the guardianship; to change provisions relating to an inventory of the estate by guardians; to provide for appraisement and the appointment, oath, and return of appraisers; to provide when property shall be appraised and when a warrant of appraisement shall be executed; to provide a ground for removal of a guardian; to provide for reimbursement of travel expenses of the guardian, compensation, and expenses of agents of the guardian; to change provisions relating to guardians' commissions; to provide for extra compensation of guardians in cases of extraor dinary services; to change provisions relating to timely returns by guardians; to provide for the effect of real property on the valuation of an estate for purposes of the guardian's bond; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to repeal provisions relating to escheat of estates; to revise comprehensively Chapters 1 through 11 of Title 53 of the Official Code of Geor gia Annotated, relating respectively to general provisions relative to wills, trusts, and administration of estates; wills; probate; descent and distribution; year's support; adminis trators and executors; administration of estates; investments, sales and conveyances; administration of estates of missing persons and persons believed to be dead; dispensing

1170

JOURNAL OF THE HOUSE,

with administration; and the "Uniform Simultaneous Death Act in Georgia," so as to pro vide definitions; to provide that there is no right of dower or tenancy by curtesy; to pro vide for reducing the legal obligation to support an individual in certain circumstances; to provide for forfeiture of certain rights by an individual who feloniously and intentionally kills, conspires to kill, or procures the killing of another; to provide that the amount of an overpayment of income tax shall be the property of the decedent's surviving spouse in certain circumstances; to provide that a surviving spouse who is under the age of 18 years is eligible take a share in the deceased spouse's estate or year's support without a guardian or other trustee; to provide for the effect of a lifetime transfer of property to a beneficiary; to provide for valuation of advancements; to provide for the effect of a satisfaction or advancement; to provide for renunciation; to provide for determining the heirs of a dece dent who died without a will; to provide for the effect of a decree of adoption; to provide for rights of inheritance of a child born out of wedlock, a child conceived by artificial insemination and presumed legitimate, and an individual who is related to the decedent through two or more lines of relationship; to provide for vesting of the title to property owned by a decedent, the right of possession of the estate, and the right to recover posses sion of the estate; to provide for undistributed property of the decedent to which the spouse would have been entitled when the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent's death; to provide for the resolution of the identity or interest of any heir, a petition for determination of heirship, a petition filed by an individual claiming to be an heir or a person interested as a distributee, and for service, citation, intervention, and binding effect of the findings of the court in such proceedings; to provide for distributions by administrators which are pro rata and not pro rata; to provide for a petition for a distribution in kind which is not pro rata as to each asset and for objections and orders; to provide for a petition for an order that no administration is necessary and the contents, filing, citation, and service of such a peti tion and for objections, consents, and the effects of such an order; to change provisions relating to escheat; to change provisions relating to year's support; to authorize giving all property by will to strangers; to provide when a will shall take effect; to provide a test to determine whether an instrument is a will; to provide who may make a will; to provide when testamentary capacity exists; to provide when a will is not valid; to provide for the formalities of signing and witnessing a will or codicil; to provide that the signature of a testator who can read is presumed to show knowledge of the contents of a will; to provide who is competent to witness a will; to provide for the effect of the interest of a witness or a witness's spouse in a will; to provide for self-proving wills and codicils; to provide that certain contracts relating to wills shall be express, written, and signed by the obligor; to provide for joint and mutual wills and their effect and revocation; to provide for express and implied revocation and when and how a will may be revoked; to provide for revival, republication, and presumption of intent to revoke; to provide for revocation or revival upon certain events and in certain circumstances; to provide rules for construction of wills; to provide for the effect of an illegal part of a will; to provide for a share in the estate for a living child who is not provided for in the will because the testator believes the child to be dead; to provide for specific, demonstrative, general, and residuary testamentary gifts and their effects with regard to income, profit, increase, interest, and inability to execute in the exact manner provided by the testator; to provide for abatement for payment of debts; to provide for the effect of the death of a beneficiary; to provide for lapsed or void gifts; to provide for ademption; to provide for substitution of gifts in certain circum stances; to provide for the effect of loss, theft, destruction, or condemnation of property; to provide for conditions which are impossible, illegal, against public policy, and conditions in terrorem; to provide for beneficiaries who have claims adverse to the will; to provide for the effect of an attempt to make a testamentary gift of property not owned by the testator; to provide for property acquired by the testator after making the will; to provide
for the sale of a heart pacemaker; to provide for marital deduction testamentary gifts or
transfers; to provide for probate and the jurisdiction, right and time to offer a will for pro
bate, and recovery from a bona fide purchaser for value; to provide for filing a will; to pro
vide for admissibility of certain admissions in evidence to impeach a will in certain
circumstances; to provide for probate in common form and in solemn form and the effect,

WEDNESDAY, FEBRUARY 21, 1996

1171

procedures, notice, service, and orders applicable to each form; to provide for examination of witnesses to the will and for procedures when a witness is dead, incapable of testifying, or inaccessible; to provide for settlement agreements under which probate is granted or denied; to provide for the expenses of an executor in a purported will; to provide for pro bate and ancillary probate of foreign wills and out-of-state wills; to provide that wills pro bated in another state shall constitute muniments of title for transfer of real property in this state; to provide procedures for distribution of the property of an intestate nondomiciliary; to provide for claims or causes of action of a decedent domiciled outside the state; to provide for evidence of the qualification of a personal representative of a decedent domiciled outside the state; to provide for persons having an interest or claim to property located within this state of a decedent domiciled outside the state; to provide for personal jurisdiction over the personal representative of a decedent domiciled outside the state; to provide for service and the effect of an adjudication upon the personal repre
sentative of a decedent domiciled outside the state; to provide for jurisdiction relating to actions alleging that another will or codicil is entitled to be admitted to probate and for petitions, service, and notice of such actions; to provide for qualifications of personal rep
resentatives and for executors de son tort; to provide for nomination of executors and the effect of such nominations; to provide for declining the right to serve as executor; to pro vide for administrators and administrators with the will annexed and their selection,
appointment, and oath; to provide for temporary letters of administration and powers of a temporary administrator; to provide for county administrators and their duties, qualifica
tions, fees, commissions, terms of office, letters of administration and resignation; to pro vide for administration of certain unrepresented estates by the county administrator or the clerk of the superior court; to provide for the appointment of the county administrator for
the purpose of making it possible to commence or continue a lawsuit against the estate; to provide for bond for county administrators and for additional security or additional bond and for removal of the administrator in certain circumstances; to provide for bond
and sureties of personal representatives or temporary administrators; to provide for com pensation, expenses, and extra compensation for personal representatives; to provide for compensation in the event of multiple personal representatives and for forfeiture of com
pensation in certain circumstances; to authorize compensation for services of an executor to a business enterprise in which the estate of a decedent owns an interest under certain
conditions; to provide for the powers and duties of personal representatives, administrators with the will annexed, and temporary administrators; to provide for action when more
than one personal representative is qualified; to provide for income received by an execu tor during the period of administration; to provide for property due minor heirs or benefi ciaries; to provide for defenses by personal representatives in actions against a personal
representative in that person's representative capacity; to provide when such actions shall not abate; to provide for instances when a surety on a guardian's bond dies, becomes insol
vent, leaves the state, becomes insufficient, or desires to be relieved; to provide for joint and several liability of the personal representative and sureties and for the priority of exe cution of a recovery; to provide for the effect of a common bond by two or more personal
representatives; to provide for liability in cases of removal of a personal representative; to provide for recovery against the principal and sureties without an action against the per sonal representative in that person's representative capacity in certain circumstances; to
provide for actions on the bond of the personal representative in certain circumstances; to provide for the levy of a judgment in an action against a personal representative in that person's representative capacity; to provide for levy in fi. fa.; to provide when a levy shall
be made upon the property of sureties; to provide for an inventory of decedent's property to be made jointly by all the personal representatives; to provide when inventory shall not
be required; to provide for the priority of claims against the estate; to provide for notice to creditors and the effect of failure of creditors to give notice of their demands; to provide for payment of the debts of the estate by the personal representative; to provide for
actions to recover debts due by a decedent and for pro rata payment by beneficiaries; to provide for discharge of debts not due; to authorize personal representatives to deal with claims in favor of or against the estate; to provide for a petition for discharge of a personal
representative or temporary administrator from office and the contents, citation, publica tion, objections, and hearing of such petition; to provide for other property of the estate

1172

JOURNAL OF THE HOUSE,

discovered after the personal representative has been discharged; to provide for the deposit of unclaimed funds; to provide that a discharge obtained by means of fraud is void; to pro vide for a cause of action for breach of fiduciary duty by a personal representative of tem porary administrator; to provide for revocation of the letters of a personal representative or other sanctions; to provide for resignation of a personal representative; to provide for concurrent jurisdiction over settlement of accounts of personal representatives; to provide for a petition for an accounting and settlement and citing parties to appear for a settle ment of accounts; to provide who shall be bound by a settlement; to provide for appeal and enforcement of settlement; to provide how a personal representative shall account for income on the property administered; to provide for recording and admission into evidence of the final receipts on settlements; to provide for refunding bonds; to provide for annual returns and their contents, inclusions, attachments, vouchers, and reporting period; to pro vide for mailing copies to heirs or beneficiaries; to provide when annual returns are not required; to provide when an annual return may be recorded; to provide when a security on the bond of a deceased personal representative may make returns of the accounts; to provide for a docket of those required to make returns; to provide for removal for willful and continued failure to make a return; to provide for intermediate reports and their tim ing, contents, citation, and service; to provide for a hearing, objections, and appeal; to pro vide for transfer of an accounting to superior court in certain circumstances; to provide for judgments against personal representatives who are liable to the estate; to provide who shall be bound by the order on the intermediate report; to provide for costs; to provide for investments by a personal representative; to provide for a standard for such invest ments; to provide procedures for investments in real property; to provide for investments in bonds and interest-bearing accounts; to provide how investments in obligations of the United States or its agencies or obligations guaranteed by the United States shall be held; to provide for retention of property received upon the creation of the estate; to provide for disposing of property by a personal representative or temporary administrator; to pro vide for sale of perishable property, property that is liable to deteriorate from keeping, property that is expensive to keep, and stocks or bonds; to provide for a petition for sale or disposal of other property and the contents, mailing, and granting of such petition; to provide for objections and appeal; to provide for a return of every sale; to provide for the evidentiary effect of a recital in the personal representative's deed; to provide for divesting liens on real property sold; to provide whom a warranty in a conveyance or contract or a covenant shall bind; to provide when title to property in the estate passes to heirs; to provide for express or implied assent and evidence and a proceeding to compel assent; to provide for a rebuttable presumption of death, when death may be proved by a preponderence of the evidence, and for deeming predecease of certain other individuals; to provide for petitions regarding the estate of missing persons, who may file such peti tions, and the contents, publication of notice, search for the missing person, and hearing on such petitions; to provide for issuance of letters or of orders relating to the estate of missing persons; to provide for revocation of letters on proof that the missing person is alive; to provide for recovery of property received by a spouse, child, or other purported heir or beneficiary; to provide for security before distribution of assets of the estate of a missing person; to provide when a person is deemed to be missing; to provide for a peti tion for the appointment of a conservator of the estate of a missing person and the con tents and procedures for such a petition; to provide what the probate court shall take into account in determining whether to appoint a conservator; to provide preferences for appointment of conservator; to provide for a written report by the conservator and an order by the court; to provide for a petition to terminate the conservatorship; to provide for the duties of a conservator when a missing person is declared dead; to provide for per sons domiciled outside the state having an interest in or claim to property or a cause of action located in this state who are missing; to provide a short title; to provide for the
disposition of property when the order of death determines the rights of individuals or
joint owners, both or all individuals are dead, and there is no sufficient evidence that indi
viduals have died other than simultaneously; to provide for a guardian ad litem in certain
circumstances; to provide what actions of such a guardian ad litem shall be binding upon
the party represented; to provide for personal service and the methods, timing, and entry

WEDNESDAY, FEBRUARY 21, 1996

1173

of service; to provide for service on a party in military service or an individual who is not sui juris or who is incapacitated; to provide for service on a person who is unknown, whose residence is unknown, who resides outside this state, or whose circumstances make it diffi cult to determine the state of legal residence; to provide for waiver or acknowledgment of service or notice; to provide before whom an oath, affirmation, or affidavit may be made; to provide for verification of petitions filed in probate court; to provide for citations and their contents; to provide when objections shall be filed and hearings shall be held; to pro vide for authentication and exemplification; to amend Chapter 12 of Title 53 of the Offi cial Code of Georgia Annotated, relating to trusts, so as to provide for compensation for services of trustees by a business enterprise in certain circumstances; to provide that cer tain specified trustees shall not be required to give bond; to provide for the amount of bond; to provide for the valuation of the trust estate for bond purposes; to provide that sales of trustees shall be made under the same rules and restrictions as sales of guardians; to provide for a standard for the investment by a trustee; to provide for retention of the property received by a trustee upon the creation of a trust; to provide how a trustee may hold obligations of the United States or its agencies or obligations guaranteed by the United States; 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. Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, is amended by striking in its entirety subsection (g) of Code Section 29-2-4, relating to sale, lease, exchange, or encumbrance of the ward's property, which reads as follows:
"(g) All other sales of any portion of the property of the ward not addressed by this Code section shall be made under the direction of the judge of the probate court under the same rules and restrictions as are prescribed for sales by administrators of estates."
SECTION 2. Said title is further amended by inserting, immediately following Code Section 29-2-10, relating to delay of sale of property due to a claim, the following:
"29-2-10.1.
All public sales made by guardians shall be at public outcry. Beginning at 10:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, or as soon there after as practicable, each sale shall be made following any other sale at public outcry, without undue delay. All sales shall be concluded prior to 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, unless a different time shall be advertised. No sale shall be continued from day to day unless as advertised. Good faith is required by the guardian in all cases so that the property may be sold in such manner and quantities as shall be deemed most advantageous to the ward.
29-2-10.2. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as soon as practicable, consistent with the interest of the ward. The sale shall be made under order from the judge of the probate court. Such order shall specify the kind of notice and for what length of time, which shall not be less than ten days, the notice shall be given. The order for sale shall be granted as a matter of course.
29-2-10.3. Guardians shall state, in all advertisements of sales by them, the terms of sale.
29-2-10.4. If any time it becomes necessary to sell the real property of the ward, the guardian shall, by written petition, apply to the judge of the probate court for leave to sell, setting forth in the petition the reason for the proposed sale; and notice of the petition for sale shall be published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed and the judge is satisfied

1174

JOURNAL OF THE HOUSE,

as to the truth of the allegation in the petition, an order shall be passed granting the leave to sell and specifying the real property as definitely as possible.
29-2-10.5. Every sale under the provisions of Code Section 29-2-10.4 shall be advertised in a news paper having a general circulation in the county where the property to be sold is located once a week for four weeks after the leave is granted and before the sale. The sale shall be by public auction on the first Tuesday of the month, between the usual hours of sale and at the place of public sales in the county having jurisdiction of the guardianship, unless by special order, in the discretion of the judge of the probate court, real property located in another county is sold in the county where such real property is located.
29-2-10.6. If real property ordered to be sold is composed of one tract or body located in two coun ties, the sale may be in either county, as directed by the judge of the probate court.
29-2-10.7. Wild lands shall be sold in the same manner and upon the same terms as other real property.
29-2-10.8. Guardians are authorized to sell livestock at public sales establishments on sales days and during the regular hours of business of the sales establishments when the guardian determines that the sale of the property is in the best interest of the ward. Good faith is required by the guardian in all cases, and the livestock may be sold in such manner and quantities as the guardian may deem most advantageous to the ward. The sales may be made at any time after an order authorizing the sale is obtained from the judge of the probate court, which order may be issued at any time after application for the order by the guardian. The guardian shall be accountable in all other respects as is otherwise provided by law.
29-2-10.9. All notes, bonds, judgments, accounts, or other evidences of debt which, after due dili gence, remain uncollected and are deemed insolvent or doubtful may be sold by the guardian under an order of the judge of the probate court. Such sale shall be at public outcry, during the usual hours of sale, on the regular day of sheriffs sales and at the place of sheriffs sales. Thirty days' notice of the sale shall be given by posting notice at the courthouse door and at three or more public places in the county.
29-2-10.10. Except as otherwise provided in Code Section 29-2-10.11, whenever any guardian desires to sell stocks or other securities of any corporation or other personal property, the guardian shall first apply to the judge of the probate court of the county which has jurisdiction for leave to sell the stock, which application shall be heard and determined, after the usual citation for leave to sell is issued, as are applications for the sale of real property. After the sale is ordered, the sale of the stocks or other personal property shall be conducted in the same manner as sales of real property are conducted.
29-2-10.11. (a) Any guardian may sell, at private sale, stocks or bonds held in the guardian's repre sentative capacity where the stocks or bonds are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper or newspapers having a general circulation in this state. The sale price for the stocks or bonds shall not be less than the stock exchange bid price or the published bid price at the time of sale. (b) The guardian, before making such sale, shall make application to the probate court for an order to sell the stocks or bonds, describing same, which order shall issue on or after the application has been on file for a period of ten days and, after making such a sale, shall file with the probate court a statement showing the date of sale, the name of the purchaser, the stock exchange bid price or the published bid price at the time

WEDNESDAY, FEBRUARY 21, 1996

1175

of sale, and the proceeds of the sale. An order of the court confirming such a sale is not required. (c) The sale of securities other than those listed upon or admitted to unlisted trading privileges on any stock exchange shall be subject to an order of the judge of the probate court showing approval or disapproval of the sale within not less than three nor more than five days from the date of the sale.
29-2-10.12. Whenever any guardian, trustee, or other fiduciary holds any note or other evidence of indebtedness, that guardian, trustee, or other fiduciary may sell and transfer the same along with the collateral and other security, if any, securing the same at private sale, without any order of court, provided the guardian, trustee, or other fiduciary shall receive as proceeds the full face value of the note or other evidence of indebtedness.
29-2-10.13. The guardian may exercise discretion, except where otherwise provided, in demanding cash or extending credit. Full notice shall be given and the best interest of the ward observed. If credit is given, the guardian shall, at the guardian's own risk, determine the sufficiency of the security given. If the security taken is ample at the time credit is extended and subsequently the debt is lost after the utmost diligence by the guardian, the guardian shall not be responsible for the amount.
29-2-10.14. A guardian may not bind the ward by any warranty in any conveyance or contract made by the guardian. The guardian shall not be personally bound by such covenant unless the intention to create a personal liability is distinctly expressed in such covenant.
29-2-10.15. A guardian shall make a full return of every sale specifying the property sold, the pur chasers, and the amounts received, together with the terms of sale.
29-2-10.16. The recital in the guardian's deed of compliance with legal provisions shall be primafacie evidence of the facts recited.
29-2-10.17. Where a guardian sells real property under a proper order of the probate court, liens thereon shall be divested and transferred to the proceeds of the sale."
SECTION 3. Said title is further amended by inserting, immediately following Code Section 29-2-15, relating to investments in bonds, the following:
"29-2-15.1.
(a) Unless otherwise provided in the fiduciary instrument, guardians are authorized to retain the property received by them on the creation of the guardianship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for that retention, except for gross neglect. In the case of corporate securities, they may likewise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and they may exercise by purchase or other wise any rights, warrants, or conversion features attaching to any such securities. This Code section applies to all such property held by the fiduciary on March 28, 1961, under estates previously created, except that it shall not relieve the fiduciary from liability for loss which had already accrued on or before March 28, 1961, for losses that had occurred. (b) In the case of a corporate fiduciary, the authorities in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange

1176

JOURNAL OF THE HOUSE,

therefor are substantially equivalent to those originally held; and such authorities shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equiva lent to those originally received by the fiduciary. The foregoing authorities shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corpo rations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations own assets identical or similar to the assets of or carry on a business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authorities shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary."
SECTION 4. Said title is further amended by striking in its entirety Code Section 29-2-24, relating to the inventory to be filed by the guardian, which reads as follows:
"29-2-24.
The guardian of a ward's estate shall make and file with the judge of the probate court an inventory of the estate in the same manner and within the same time as is required of administrators.", and inserting in lieu thereof the following:
"29-2-24.
Every guardian shall make a just and true inventory of all the personal property owned and possessed by the ward and all real property located in the county of the guardian ship and shall produce and exhibit the inventory, if possible, to the appraisers appointed pursuant to Code Sections 29-2-25 and 29-2-26. The inventory shall be filed with the judge of the probate court within four months after the qualification of the guardian. When the inventory and appraisement are returned to the judge of the probate court, the guardian shall swear, in addition to the usual oath on making returns, that the inventory contains a true statement of all the goods, chattels, rights, and credits of the ward which are in the guardian's hands, possession, or knowledge. The guardian shall also return, under oath, with the appraisement, so far as may come to the guardian's knowledge, all real property outside the county of the guardianship.
29-2-25.
Upon the filing of a request for an appraisement, pursuant to Code Section 29-2-26, the judge of the probate court shall issue a warrant of appraisement directed to five disin terested freeholders who are citizens of the county where the guardianship is pending, any three of whom shall be qualified to act, requiring them on oath fairly and justly to appraise and value all of the personal property produced to them by the guardian and all real estate belonging to the ward, whether the real estate is situated in the county of the guardianship or any other county of this state.
29-2-26.
Any other law to the contrary notwithstanding, the property shall not be appraised unless a request for an appraisement is filed with the judge of the probate court within 90 days after the guardian files the inventory.
29-2-27
The appraisers, before entering upon their duties, shall take and subscribe an oath before an officer authorized to administer oaths or before one of their number who, by this Code section, shall be authorized to administer the oath faithfully to discharge their duty as appraisers.

WEDNESDAY, FEBRUARY 21, 1996

1177

29-2-28.
The warrant of appraisement shall be executed, except when execution is prevented by providential causes, within 60 days after the warrant is issued, and the inventory and appraisement shall be returned to the judge of the probate court within four months after the issuance of the warrant. If the execution or return is delayed beyond the peri ods specified, the judge shall inquire into the reason and place the reason on the record with the return.
29-2-30.
The return of the appraisers shall be in writing and certified by their own signatures, any three appraisers being competent to act. The return shall be delivered to the guard ian and returned by the guardian to the judge of the probate court.
29-2-31.
Debts due by the guardian to the estate shall be included in the inventory. Notice shall also be taken of any interest which the estate may have in an unsettled partnership, even if the assets are in the hands of a surviving partner.
29-2-32. The failure of a guardian to return a correct inventory and appraisement shall be sufficient ground for removal."
SECTION 5. Said title is further amended by inserting, immediately following Code Section 29-2-41, relating to expenses and premiums incurred in securing a surety, the following:
"29-2-41.1. (a) A guardian required to travel out of the guardian's county in the discharge of a duty of guardianship shall be allowed the amount of actual disbursements made, to be proved by the guardian's own statements under oath. The judge of the probate court may also allow the guardian a reasonable compensation for the time devoted to the service if, under the circumstances, the judge adjudges such additional compensation a proper charge against the estate. (b) Among the expenses of administration shall be included and allowed the expenses of such agents as the guardian finds it necessary to employ for the estate. The existence of the necessity shall be satisfactorily shown to the judge of the probate court."
SECTION 6. Said title is further amended by striking in its entirety Code Section 29-2-42, relating to commissions, extra compensation, and traveling expenses for guardians, which reads as fol lows:
"29-2-42.
Guardians shall be allowed the same commissions for receiving and paying out the estates of their wards as are allowed to administrators. Guardians may be allowed an additional annual commission of .5 percent of the market value, determined as of December 31 of each year, of the property held in their estates. Extra compensation, compensation for delivery of property in kind, and traveling expenses shall be allowed to them upon the same principles as to administrators.", and inserting in lieu thereof the following:
"29-2-42.
(a) As compensation for services, a guardian shall have a commission of 2 Vi percent on all sums of money received on account of the estate, except on money loaned by and repaid to the guardian, and a like commission on all sums paid out by the guardian. Guardians may be allowed an additional annual commission of .5 percent of the market value, determined as of December 31 of each year, of the property held in their estates. The commissions are part of the expense of administering the ward's estate and may be charged against the corpus of the estate as well as the income. (b) Whenever any portion of the dividends, interest, or rents payable to a guardian are required by law of the United States or other governmental unit to be withheld by the

1178

JOURNAL OF THE HOUSE,

person paying the same for income tax purposes, the amount so withheld shall be deemed to have been collected by the guardian. (c) If, in the course of administration of the ward's estate, the guardian receives interest on money loaned by the ward or by himself or herself as guardian and shall include the same in the return to the judge of the probate court so as to become chargeable there with as a part of the corpus of the estate, the guardian shall be entitled to 10 percent additional commission on all such amounts of interest made. (d) Commissions may be allowed to any guardian for delivering over any property in kind. The judge of the probate court, in his or her discretion, may allow reasonable com pensation for such service, not exceeding 3 percent of the appraised value, and, in cases where there has been no appraisement, not over 3 percent of the fair value as found by the judge; the allowances shall be made irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the probate court and irrespective of whether the property, except money, is tangible, intangible, personal, or real. If, how ever, land is worked by any guardian for the benefit of the parties in interest, the judge may, in his or her discretion, allow to the guardian additional compensation for such ser vices, in no case exceeding 10 percent of the annual income of the property so managed. (e) No commissions shall be allowed to a guardian on commissions paid by the guardian to himself or herself.
29-2-42.1. In other cases of extraordinary services, extra compensation may be allowed by the judge of the probate court, but in no case is the allowance of extra compensation by the judge conclusive upon the parties in interest."
SECTION 7. Said title is further amended by striking in its entirety Code Section 29-2-44, relating to failure to make a timely return, and inserting in lieu thereof the following:
"29-2-44.
(a) Within 60 days after the anniversary date of qualification, in each year, every guard ian required by the laws of this state to make annual returns shall make a true and just accounting upon oaths of receipts and expenditures in behalf of the estate during the year preceding the anniversary date of qualification, together with a note or memoran dum of any other fact necessary to the exhibition of the true condition of the estate. With this return, either the original vouchers shall be filed, showing the correctness of each item, or, in lieu thereof, the guardian making the return shall attach an affidavit stating that the original vouchers have been compared as to each item on the return and that the return is correct; but the judge of the probate court shall require the original vouchers to be produced for good cause shown. If the original vouchers are filed with the return, they shall remain in the judge's office 30 days. If any of the receipts are for cotton, corn, or other products sold, the voucher or return shall show the cost of each, the price at which it was sold, the name of the purchaser, and the time of sale. (b) The judge of the probate court, upon petition of the guardian or upon the judge's own motion, may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the judge. In lieu of changing the reporting date, the judge of the probate court is autho rized to accept and approve a return even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period estab lished by either the anniversary date of qualification or a subsequent order of the judge, unless the judge also enters an order changing the reporting date. (c) The judge of the probate court shall carefully examine each return of a guardian and its vouchers; and, if the judge finds the return correct and no objection is filed within 30 days from the time the return is filed in the judge's office, the judge shall allow the same and order it to be recorded, together with the original or copy vouchers attached. The return and copy vouchers shall be kept in the office of the judge. If the original vouchers are filed without copies, they shall, when recorded, be returned to the guardian on demand. The return thus allowed and recorded shall be prima-facie evidence in favor of the guardian of its correctness.

WEDNESDAY, FEBRUARY 21, 1996

1179

(d) The judge of the probate court shall keep a docket of all guardians liable to make returns te fek; upon the failure of any guardian to do so by the time required by law, he the judge shall cite the guardian to appear and show the reason for hfe the delay. Every guardian who fails or refuses to make his the return before the end of the year shall receive no commission or compensation for any service done during that year unless, by special order of the probate court, he such a guardian is exonerated from all fault."
SECTION 8. Said title is further amended by striking in its entirety Code Section 29-4-12, relating to appointed guardians and their oath, bond, and surety, and inserting in lieu thereof the fol lowing:
"29-4-12.
(a) Before entering upon the duties of the appointment, every guardian appointed by the judge of the probate court shall take an oath or affirmation before the judge to per form well and truly the duties required of a guardian and to account faithfully to the ward for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints a guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation. (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. 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 person 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. (c) Any other law to the contrary notwithstanding, in every case in which the guardian of the property of any person is required by any statute of this state, by the judge of the probate court of any county, or by the judge of any court of competent jurisdiction to give bond for the faithful performance of the guardian's duties in such fiduciary capacity and the amount of the bond is dependent upon the value of the estate, the value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the guardian in the guardian's fiduciary capacity. Upon the conversion by any such guardian of the real property into personalty, the guardian shall give a new bond based upon the value of the estate, including the value of the personalty into which the real property is con verted. (d) The judge of the probate court shall have authority to permit a reduction in the amount of the bond when it appears that the value of the ward's estate has decreased, provided that the reduction shall in no way affect the liability of the surety for waste or misconduct of the guardian which occurred before the bond was reduced. 4<tHe) The judge of the probate court may order a guardian who is required to give bond to post such bond for a period in excess of one year, as may be appropriate in the cir cumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds."
SECTION 9. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by striking in its entirety Article 8, relating to escheat, which reads as follows:
"ARTICLE 8
44-5-190.

1180

JOURNAL OF THE HOUSE,

Escheat results when an intestate leaves no heirs; in such a case the estate of the intes tate reverts to the state. In no other case does an estate escheat.

44-5-191. (a) After a period of five years has elapsed from the time of qualification of an adminis trator, on all estates for which no person has appeared and claimed to be an heir there shall be a presumption of escheat of such estates. (b) The administrator shall notify the court that such five-year period has elapsed. Upon notification, the judge of the probate court shall issue an order calling for publica tion in the legal organ of the county the following notice to heirs of the estate:

IN THE PROBATE COURT OF __________ COUNTY STATE OF GEORGIA

In re estate of ________

)

)

File

no.

NOTICE OF ESCHEAT
Notice is given to the heirs of the estate of _______________ that on or after ___________, 19____, in accordance with Article 8 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the proceeds from property contained in said estate shall be declared escheated and paid over to the ___________________ Board of Education. This ______ day of _________, 19__.

Judge.
(c) Where, on March 29, 1984, funds of an estate have been held in the registry of the probate court for five years and there exists no other administrator for such estate, the judge of the probate court may appoint the county administrator to proceed with the escheat of such estate pursuant to this article without the passage of an additional fiveyear period.
44-5-192. The notice provided in subsection (b) of Code Section 44-5-191 shall be published once a week for four weeks. On the first Monday following the month in which publication ends, if no heir appears, the proceeds of the escheated estate shall be paid over to the board of education of the school district in which the intestate resided and become a part of the educational fund. If the intestate was not a resident of the county, the pro ceeds shall be paid over to the county board of education.
44-5-193. When the proceeds of an escheated estate are paid over to a board of education, no fur ther proceedings shall be necessary in the probate court to terminate administration of the estate.
44-5-194. (a) For a period of three years following the receipt of the proceeds of an escheated estate by a board of education, an heir shall be entitled to file a claim to such estate in the form of a civil action in the superior court of the county. The claim shall be tried as are other civil actions. (b) The district attorney of the county in which the board of education lies shall be counsel ex officio for the board in such cases. (c) If no heir files a claim by the end of the three-year period, the board of education shall publish the following advertisement once each month for a period of three months in the legal organ of the county:

WEDNESDAY, FEBRUARY 21, 1996

1181

NOTICE TO HEIRS OF ESTATE OF ______________
The _______________ Board of Education has had in its possession for three years the proceeds of the estate of ______________. On the ___ day of_________, 19_____, such proceeds shall by operation of law be conclusively and finally escheated if no claim is filed by an heir in the Superior Court of ____________ County before such date. _________________
Chairman (d) No advertisement shall be necessary if the proceeds of the escheated estate are less than $5,000.00.
(e)(l) On the first day of the month following the last date of advertisement, if no claim is filed, the proceeds of the estate shall be conclusively escheated. (2) In the case of estates containing proceeds of less than $5,000.00, conclusive escheat occurs at the end of three years if no claim is filed.
44-5-195. Where required by this article, notice by publication shall be deemed sufficient and legal notice to all heirs of estates, provided that the procedures required by this article are followed.
44-5-196. Proceedings under this article shall be conclusive upon and bind all heirs of estates.
44-5-197. Nothing in this article shall prevent a board of education, in its discretion and upon proper proof, to return any estate proceeds to any heir.
44-5-198. All expenses incurred in the administration of this article shall be paid from the pro ceeds of the subject estate.
44-5-199. (a) When the husband, wife, or adopted child of an intestate was his heir and such heir dies intestate and without ascertainable heirs before receiving possession of the property of his estate, such property shall not escheat to the state but shall descend to the blood heirs of the original intestate if there are blood heirs of the original intestate who would have inherited his property if the marriage or adoption had not occurred. (b) The property shall be reduced to cash by the intestate's administrator under exist ing laws. The death of the wife, husband, or adopted child of the intestate and the nonexistence of the heirs of such wife, husband, or adopted child may be ascertained by advertisement as provided in the case of escheats. Should such persons not appear, the fund, less the expenses of the proceedings, shall be paid over as provided in subsection (a) of this Code section.", and inserting in its place the following:
"ARTICLE 8 RESERVED"
SECTION 10. Chapters 1 through 11 of Title 53 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to wills, trusts, and administration of estates; wills; probate; descent and distribution; year's support; administrators and executors; administration of estates; investments, sales and conveyances; administration of estates of missing persons and persons believed to be dead; dispensing with administration; and the "Uniform Simultaneous Death Act in Georgia," are amended by striking said chapters in their entirety and inserting in lieu thereof the following:
"CHAPTER 1 ARTICLE 1
53-1-1.

1182

JOURNAL OF THE HOUSE,

Except as otherwise provided in this chapter and Chapters 2 through 11 of this title, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective for the estates of decedents dying on or after the effective date of this Code section.
53-1-2.
As used in this chapter and Chapters 2 through 11 of this title, the term: (1) 'Administrator' means any person appointed and qualified to administer an intes tate estate, including an intestate estate already partially administered by an adminis trator and from any cause unrepresented. (2) 'Administrator with the will annexed' means any person appointed and qualified to administer a testate estate, including a testate estate already partially administered and from any cause unrepresented. (3) 'Beneficiary' means a person, including a trust, who is designated in a will to take an interest in real or personal property. (4) 'Codicil' means an amendment to or republication of a will. (5) 'County administrator' means any individual or individuals appointed by the pro bate court of the county and qualified to represent an estate that is unrepresented and unlikely to be represented. (6) 'Descendants' means the lineal descendants of an individual including those indi viduals who are treated as lineal descendants by virtue of adoption. (7) 'Executor' means any person nominated in a will who has qualified to administer a testate estate, including a person nominated as alternative or successor executor. (8) 'Guardian' means the guardian ad litem described in Code Section 53-11-2 who represents one or more parties to a probate court proceeding who are not sui juris, are unborn, or are unknown. (9) 'Heirs' means those one or more individuals who survive the decedent and are determined under the rules of inheritance to take the property of the decedent that is not disposed of by will. (10) 'Nominated executor' means any person nominated in the will to serve as execu tor who has not yet qualified to serve as executor. (11) 'Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or two or more persons having a joint or common interest, including an individual or a business entity acting as a personal representative or in any other fiduciary capacity. (12) 'Personal representative' means any administrator, administrator with the will annexed, county administrator, or executor. (13) 'Qualified' means that a personal representative has taken the oath, been issued letters of administration or letters testamentary, and posted any required bond, as provided in this title. (14) 'Sui juris' means an individual is age 18 or over and not suffering from any legal disability. (15) 'Temporary administrator' means any person granted temporary letters of admin istration upon an unrepresented estate. (16) 'Testamentary gift' means the interest in real or personal property which a bene ficiary is designated to take in a will. (17) 'Will' means the legal declaration of an individual's testamentary intention regarding that individual's property or other matters. Will includes the will and all codicils to the will.
53-1-3.
There is no right of dower or tenancy by curtesy in this state.
53-1-4.
Whenever income from an estate or trust is available for the benefit of an individual whose support is the legal obligation of another and the income is actually used for such individual's support, the legal obligation of the other to support the individual is reduced to the extent the income is actually used for such individual's support.

WEDNESDAY, FEBRUARY 21, 1996

1183

53-1-5.
(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent's estate and to serve as a personal representative or trustee of the decedent's estate or any trust created by the decedent. For purposes of this Code section, the killing or con spiring to kill or procuring another to kill is felonious and intentional if the killing would constitute murder or felony murder or voluntary manslaughter under the laws of this state. (b) An individual who forfeits the right to take an interest from a decedent's estate by virtue of this Code section forfeits the right to take any interest such individual would otherwise take at the decedent's death by intestacy, year's support, will, deed, power of appointment, or by any other conveyance duly executed during life by the decedent and is treated as having predeceased the decedent for purposes of determining the distribu tion of the decedent's property and of appointing personal representatives or trustees. (c) This Code section shall have no effect on the rights of the descendants of the indi vidual who forfeits the right to take from the decedent's estate; provided, however, that if the descendants are taking by intestacy in place of the individual who forfeits, the descendants may take only that share of the decedent's estate to which the individual who forfeits would have been entitled. The provisions of Code Section 53-4-64 shall not apply with respect to the descendants of the individual who forfeits the right to take from the decedent's estate unless those descendants are also descendants of the dece dent. (d) A final judgment of conviction or a guilty plea for murder, felony murder, or volun tary manslaughter is conclusive in civil proceedings under this Code section. In the absence of such a conviction or plea, the felonious and intentional killing must be estab lished by clear and convincing evidence.
53-1-6.
(a) In any case in which the United States Department of the Treasury or the Depart ment of Revenue of this state determines that there exists an overpayment of federal or state income tax and the person in whose favor the overpayment is determined to exist is deceased at the time the overpayment is to be refunded, the amount of the over payment, if not in excess of $2,500.00, shall be the sole and separate property of the decedent's surviving spouse, if any, irrespective of whether the decedent had filed a joint or separate income tax return. (b) The refund of the overpayment directly to the surviving spouse as provided in sub section (a) of this Code section shall operate as a complete acquittal and discharge to the payor, whether the United States or this state, of liability from any action, claim, or demand of whatever nature by any heir, beneficiary, creditor of the decedent, or other person. (c) Refunds are authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent, without the necessity of obtaining an order that no administration is necessary, and without the necessity of appointing a personal representative for the surviving spouse, notwithstanding any other law to the contrary.
53-1-7.
A surviving spouse who is under the age of 18 years is entitled to apply for, take, and hold any share in the deceased spouse's estate to which the surviving spouse is entitled by virtue of being an heir or a beneficiary or being eligible for year's support without the intervention of a guardian or other trustee.
ARTICLE 2
53-1-10.
(a) A lifetime transfer to a beneficiary of property that is the subject of a specific testa mentary gift is treated as a satisfaction if it is shown pursuant to the provisions of sub section (c) of this Code section that the transfer is intended to satisfy the testamentary gift.

1184

JOURNAL OF THE HOUSE,

(b) A lifetime transfer of money or other property to a prospective heir or to the benefi ciary of a demonstrative, general, or residuary testamentary gift is treated as an advancement if it is shown pursuant to the provisions of subsection (c) of this Code sec tion that the transfer is intended to be a part of the share that the heir would inherit by intestacy or the beneficiary would take under the transferor's will. (c) The intent to treat a lifetime transfer as a satisfaction or an advancement is shown only if the will provides for the deduction of the lifetime transfer or its value or if the satisfaction or advancement is declared in a writing signed by the transferor within 30 days of making the transfer or acknowledged in a writing signed by the recipient at any time.
53-1-11.
Every advancement shall be valued without interest at its value at the time of the trans fer unless a value or an interest rate is specified in writing at the time of acceptance or in the transferor's will.
53-1-12.
(a) If a beneficiary has received a satisfaction, the beneficiary shall not receive any other property in replacement of the specific testamentary gift which is the subject of the satisfaction. (b) If a beneficiary has received an advancement of all or a portion of a demonstrative or general testamentary gift, the value of the demonstrative or general testamentary gift shall be reduced by the value of the advancement. (c) For purposes of this subsection, the term 'distributable share' means the share an heir would receive under the laws of intestacy or a beneficiary would receive under the residuary clause of the transferor's will if the value of all advancements made by the transferor during life, except satisfaction of specific testamentary gifts and advance ments of demonstrative or general testamentary gifts, were added to the actual value of the transferor's intestate or residuary estate at death. If a beneficiary has received an advancement of a residuary gift or an heir has received an advancement of an intestate share, the advancement shall be taken into account in the following manner:
(1) If a beneficiary or heir has received an advancement that is less than the value of that person's distributable share under the residuary clause of the transferor's will or the laws of intestacy, the share actually distributed to the beneficiary or heir shall be charged with the advancement so that the beneficiary or heir will receive only the balance remaining of the distributable share; or (2) If a beneficiary or an heir has received an advancement that is equal to or in excess of the value of that beneficiary's or heir's distributable share, the beneficiary or heir shall receive no further share from the estate.
53-1-13.
Unless the writing described in subsection (c) of Code Section 53-1-10 or the testator's will expressly provides otherwise, a satisfaction or an advancement is considered when computing the division and distribution of the transferor's estate even if the recipient of the satisfaction or advancement fails to survive the transferor.
ARTICLE 3
53-1-20.
(a) For purposes of this Code section, the term 'property' includes any interest in prop erty and any power over or right with respect to the property. (b) Any person to whom an interest in property is transferred or who succeeds to prop erty by contract or by operation of law may renounce the property in whole or in part as provided in this Code section. A person may renounce even if a spendthrift or similar restriction applies to the property renounced. Persons who may renounce include fiduci aries acting on behalf of an individual, such as personal representatives, trustees, conser vators, or guardians, as well as duly authorized attorneys in fact, whether acting on behalf of an individual or fiduciary.

WEDNESDAY, FEBRUARY 21, 1996

1185

(c) A renunciation must be made by a written instrument that describes the renounced property, declares the renunciation and the extent of it, and is signed by the person making the renunciation. (d) The written instrument must be received by the transferor of the property, the transferor's legal representative, or other holder of title to the property not later than the date which is nine months after the later of:
(1) The date of the transfer; or (2) The day on which the person making the renunciation reaches the age of 21. The instrument may also be filed in the probate court of the county in which proceed ings concerning the transferor's estate are pending or in which they could be commenced and, in the case of real property, in the real property records of the county in which the real property is located. An instrument so filed in the probate court shall be conclu sively presumed to have been received by the personal representative of the transferor's estate not later than the date of such filing, but earlier receipt may be shown. (e) A person who has accepted property or any of its benefits may not renounce the property. (f)(l) Except as otherwise provided by the will or other governing instrument, a renunciation shall cause the renounced property to pass as if the person renouncing had predeceased the decedent or, in the case of property passing upon exercise of a power of appointment, as if the person renouncing had predeceased the holder of the power. (2) Renounced property that is the subject of an attempted outright gift shall be treated as an incomplete gift. (3) A renounced power over property shall be treated as if such power had not been created with respect to the person renouncing such power. (4) The expression in a renunciation of an intent or desire that the property pass to certain persons shall be considered merely precatory and shall have no legal effect unless specifically declared to be a condition of the renunciation. (g) In every case a renunciation relates back for all purposes to the applicable date among the following: (1) The date of death of the decedent; (2) The date of the death of the holder of the power of appointment; (3) The date the gift was attempted; or (4) The date the power was created. (h) This Code section does not abridge the right of any person to transfer or renounce any property under any other statute or common law. Any renunciation that is otherwise valid but fails to meet the requirements of subsections (c) and (d) of this Code section shall operate as a transfer of the property to those persons who would have received it had the renunciation met those requirements. (i) Nothing in this Code section alters the duties of any fiduciary to act in the best interests of the person the fiduciary represents. This subsection shall not, however, limit the power granted by this Code section to a fiduciary to renounce property.
CHAPTER 2 ARTICLE 1
53-2-1.
(a) For purposes of this Code section: (1) Children of the decedent who are born after the decedent's death are considered children in being at the decedent's death, provided they were conceived prior to the decedent's death, were born within ten months of the decedent's death, and survived 120 hours or more after birth; and (2) The half-blood, whether on the maternal or paternal side, are considered equally with the whole-blood, so that the children of any common parent are treated as broth ers and sisters to each other.
(b) When a decedent died without a will, the following rules shall determine such dece dent's heirs:

1186

JOURNAL OF THE HOUSE,

(1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share; (2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor; (3) Children of the decedent are in the first degree, and those who survive the dece dent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life; (4) Parents of the decedent are in the second degree, and those who survive the dece dent shall share the estate equally; (5) Siblings of the decedent are in the third degree, and those who survive the dece dent shall share the estate equally, with the descendants of any deceased sibling tak ing, per stirpes, the share that sibling would have taken if in life; provided, however, that if no sibling survives the decedent, the nieces and nephews who survive the dece dent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life; (6) Grandparents of the decedent are in the fourth degree, and those who survive the decedent shall share the estate equally; (7) Uncles and aunts of the decedent are in the fifth degree, and those who survive the decedent shall share the estate equally, with the children of any deceased uncle or aunt taking, per stirpes, the share that uncle or aunt would have taken if in life; provided, however, that if no uncle or aunt of the decedent survives the decedent, the first cousins who survive the decedent shall share the estate equally; and (8) The more remote degrees of kinship shall be determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and decedent and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains shall be the degree of kinship, and the surviving relatives with the lowest sum shall be in the nearest degree and shall share the estate equally.
53-2-2.
A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the effect described in Code Section 19-8-19, and the adoptive parents and relatives of the adoptive parents shall likewise be entitled to inherit under the rules of this chapter from and through the adopted individual.
53-2-3.
The rights of inheritance of a child born out of wedlock shall be as follows: (1) A child born out of wedlock may inherit in the same manner as though legitimate from or through the child's mother, the other children of the mother, and any other maternal kin; (2)(A) A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless: (i) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (ii) A court of competent jurisdiction has otherwise entered a court order estab
lishing paternity; (iii) The father has executed a sworn statement signed by him attesting to the parent-child relationship; (iv) The father has signed the birth certificate of the child; or (v) There is other clear and convincing evidence that the child is the child of the father and that a de facto parent-child relationship existed or would have existed had the father not died before the child was born.

WEDNESDAY, FEBRUARY 21, 1996

1187

(B)(i) Subparagraph (A) of this paragraph notwithstanding, a child born out of wedlock may inherit from or through the father, other children of the father, or any paternal kin by reason of the paternal kinship if evidence of the rebuttable presumption of paternity described in this subparagraph is filed with the court before which proceedings on the estate are pending and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence, (ii) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if parentage-determination genetic testing establishes at least a 97 per cent probability of paternity. Parentage-determination genetic testing shall include, but not be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. (C) If any one of the requirements of divisions (i) through (v) of subparagraph (A) of this paragraph is fulfilled, or if the presumption of paternity set forth in subpara graph (B) of this paragraph shall have been established and shall not have been rebutted by clear and convincing evidence, a child born out of wedlock may inherit in the same manner as though legitimate from and through the child's father, the other children of his or her father, and any other paternal kin; (3) In distributions under this Code section, the children of a deceased child born out of wedlock shall represent that deceased child.
53-2-4.
(a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate.
(b)(l) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:
(A) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B) A court of competent jurisdiction has otherwise entered a court order establish ing paternity; (C) The father has executed a sworn statement signed by him attesting to the parent-child relationship; (D) The father has signed the birth certificate of the child; or (E) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by clear and convincing evi dence. (2) Paragraph (1) of this subsection notwithstanding, neither the father nor any child of the father nor any other paternal kin shall inherit from or through a child born out of wedlock if it shall be established by a preponderance of evidence that the father failed or refused openly to treat the child as his own or failed or refused to provide support for the child.
53-2-5.
An individual conceived by artificial insemination and presumed legitimate in accord ance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and relatives of the parents shall likewise be entitled to inherit as heirs from and through such individual.
53-2-6.
An individual who is related to the decedent through two or more lines of relationship is entitled to only a single share based on the relationship entitling that individual to the largest share under the laws of intestacy.
53-2-7.

1188

JOURNAL OF THE HOUSE,

(a) Upon the appointment of an administrator of the estate of an intestate decedent, the title to all property owned by the decedent, both real and personal, shall vest in the administrator for the benefit of the heirs and creditors of the decedent, and title to such property shall not vest in the heirs until the administrator assents to such vesting. For purposes of this Code section, the assent of the administrator shall be proved in the manner set out in Code Section 53-8-15. (b) If no administrator is appointed within five years after the death of an intestate, the title to all property owned by the decedent, both real and personal, shall vest in the decedent's heirs and shall be deemed to have become vested in them as of the date of the decedent's death. (c) If an order is entered pursuant to Code Section 53-2-41 that no administration is necessary on the estate of a decedent, the title to all property owned by the decedent, both real and personal, shall vest in the decedent's heirs and shall be deemed to have become vested in them in a manner that is consistent with the terms of the order as of the date of the decedent's death. (d) Upon the appointment of an administrator, the right to the possession of the whole estate is in the administrator, and, as long as administration continues, the right to recover possession of the estate from all other persons is solely in the administrator. If an order has been entered under Code Section 53-2-41 that no administration is neces sary, or if the administrator has assented to the vesting of title in the heirs, the heirs may take possession of the property or may sue for possession of the property in their own right.
53-2-8.
(a) When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent's death, any undistributed property of the dece dent to which the spouse had been entitled prior to the spouse's death shall not escheat but shall be distributed to the heirs of the decedent who would have inherited the prop erty under the intestacy laws if the spouse had predeceased the decedent. (b) The nonexistence of heirs of the spouse may be determined by publication as pro vided in Code section 53-2-51. If no heir of the spouse appears, the property, less the expenses of the proceedings to determine the nonexistence of heirs, shall be paid over as provided in subsection (a) of this Code section.
ARTICLE 2
53-2-20.
The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alter natively, the petition may be filed in the superior court of the county where the probate court having jurisdiction, as defined in this Code section, is located. The proceedings for the determination of such questions shall conform to the requirements set forth in this article.
53-2-21.
Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other person having a status which by operation of law or written instrument devolves upon such person a duty of distributing property to heirs may file a petition for deter mination of heirship as provided in Code Section 53-2-20. The petition shall allege the names, addresses, ages, and relationship, so far as known to the petitioner, of all parties at interest other than creditors and the nature and character of such interests. The peti tion shall further allege whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names are unknown to the petitioner.
53-2-22.
Any individual claiming to be an heir or any person in any way interested as a distribu tee in any property under the laws of intestacy may apply to either the probate court

WEDNESDAY, FEBRUARY 21, 1996

1189

or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties at interest required of persons filing under Code Section 53-2-21 with the person charged with the duty of distribution being named as a party.
53-2-23. Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as pre scribed in cases in which equitable relief is sought; and the case shall thereafter proceed to judgment in the manner provided for such cases by the rules of practice in the supe rior courts.
53-2-24. Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 53-2-22, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title.
53-2-25. Any individual claiming to be an heir or any person in any way interested as a distribu tee and who is not named as such in any petition filed and pending under this article may file a motion to intervene in the proceeding.
53-2-26. In the absence of fraud, the findings of the superior court or the probate court shall be binding and conclusive as to every person and as to every issue decided.
ARTICLE 3
53-2-30. (a) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset. (b) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset only upon the written consent of all the heirs or upon an order of the probate court made pursuant to a petition filed by an heir or the administrator. (c) Nothing in this Code section shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the probate court for a distribution or division in kind made pursuant to the directions in a will. In all cases where the will directs or authorizes a distribution or division in kind but fails to direct specifically how or by whom the distribution or division in kind is to be made, it shall be the duty and authority of the executor or administrator with the will annexed to make the distribution or division in kind.
53-2-31. An heir or the administrator may petition the probate court for an order allowing a dis tribution in kind that is not pro rata as to each asset. The petition shall set forth the names and addresses of all the heirs and the requested distribution of the assets. Upon the filing of the petition, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title.
53-2-32. If no objection is made to the petition, the probate court shall order the administrator to distribute the assets in the manner requested in the petition. If objection is made, upon the evidence submitted, the probate court shall divide the assets in kind in shares that are pro rata or are not pro rata as to each asset and order the administrator to distribute the shares accordingly.
ARTICLE 4
53-2-40.

1190

JOURNAL OF THE HOUSE,

(a) When an individual has died intestate and there has been no administration in this state, any heir of the decedent may file a petition praying for an order that no adminis tration is necessary. The petition shall be filed in the probate court of the county of the domicile of the decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state. (b) The petition shall show: the name and domicile of the decedent; the names, ages or majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter 11 of this title; and that the heirs have agreed upon a division of the estate among themselves. A copy of the agreement shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection. (c) The personal representative of a deceased heir is authorized to agree to the division on behalf of that heir.
53-2-41.
(a) Upon the filing of a petition that states that there are known creditors of the estate who are to be served, a citation shall be issued and any creditors of the estate shall be served as provided in Chapter 11 of this title. (b) If any creditor, whether the debt is due or not, objects to the granting of the order, the court shall refuse to grant an order finding that no administration is necessary so long as such objection is not withdrawn. (c) In the event no creditor files objection to the granting of the order or if all objec tions are withdrawn, the probate court shall ascertain the heirs of the decedent and whether they are all of age and suffering under no disability or are represented by a guardian or a personal representative. If the court finds that all the heirs have consented and that the estate of the decedent owes no debts or that all creditors have consented or withdrawn any objection, the court shall then enter an order in the proceedings find ing that no administration is necessary. Should property described in the petition be located in a county other than the county in which the petition is filed, a certified copy of the proceedings, including any agreement filed pursuant to Code Section 53-2-40, and the order of the probate court thereon may be entered in the office of the clerk of the superior court of the county in which the property is located. (d) An order finding that no administration is necessary shall confirm the vesting of title to the decedent's property in the heirs in the amounts and portions described in Code Section 53-2-1, or, if different, in the agreement filed by the heirs in accordance with Code Section 53-2-40. (e) Property thereafter sold or encumbered by the heirs of the decedent to a purchaser or lender who acts in good faith reliance upon the order shall be discharged from all claims and rights of the creditors of the deceased owner, except such claims, liens, judg ments, security deeds, mortgages, or encumbrances as have been filed for record in the manner required by law so as to constitute notice thereof at the time of such sale or encumbrance by the heirs. (f) Nothing in this chapter shall be deemed to apply to or adversely affect liens for taxes or liens arising from the giving or signing of the bond of a public official.
53-2-42.
After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs.
ARTICLE 5
53-2-50.
As used in this article, the term 'escheat' is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise.

WEDNESDAY, FEBRUARY 21, 1996

1191

53-2-51.
(a) If no person has appeared and claimed to be an heir within four years from the date letters of any kind on an intestate decedent's estate were granted, the personal represen tative shall petition the probate court of the county in which the letters were granted for determination that property has escheated to the state. Such a petition shall set forth the full name of the decedent, the date of death, the fact that no person has appeared and claimed to be an heir, and the property of the estate which may have escheated to the state. (b) Upon filing of the petition, the probate court shall issue a citation as provided Chapter 11 of this title, requiring the heirs, if any, to file any objection to the petition by a date that is at least 60 days from the date of the citation, and shall order notice by publication to all heirs of the decedent as provided in Code Section 53-11-4. (c) If no individual files objection as an heir who is entitled to the property on or before the date set in the citation, the court shall order the property to be paid over and dis tributed to the county board of education to become a part of the educational fund. (d) If an individual files objection as an heir who is entitled to property, such claim shall be tried as other actions before the court. In such case, no property shall be paid over or distributed to the county board of education until the claim is determined in such manner as to establish that any individual making the claim is not entitled to the property. (e) When property is paid over or distributed to a county board of education, no further proceedings to terminate the administration of the estate shall be necessary. (f) The proceedings shall be conclusive upon and shall bind all the heirs of the estate. (g) All expenses incurred in the administration of such proceedings shall be paid from the property or proceeds of the estate.
CHAPTER 3
53-3-1.
(a) As used in this chapter, the terms 'child' or 'children' mean any minor child who would be entitled to inherit if the child's parent died intestate. (b) Among the necessary expenses of administration and to be preferred before all other debts, except as specifically provided otherwise in this chapter, is the provision of year's support for the family. (c) The surviving spouse and minor children of a testate or intestate decedent are enti tled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death.
53-3-2.
(a) A surviving spouse's right to year's support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year's support. (b) A minor child's right to year's support shall be barred by the marriage or death of the minor or by the minor's attaining the age of 18 years prior to the filing of the peti tion for year's support.
53-3-3.
A testator by will may make provision for the spouse in lieu of year's support, in which case the surviving spouse must make an election.
53-3-4.
In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the property set apart and against any equity of redemption applicable to the property set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition, shall be divested if the property is set apart for year's support.
53-3-5.

1192

JOURNAL OF THE HOUSE,

(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviv ing spouse or a minor child or a guardian or other person acting in behalf of the surviv ing spouse or a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. (b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child and a schedule of the property, including household furniture, which the petitioner proposes to have set aside. The peti tion shall fully and accurately describe any real property the petitioner proposes to have set aside with a legal description sufficient under the laws of this state to pass title to the real property. (c) A petition for year's support shall be filed within 24 months of the date of death of the decedent.
53-3-6.
(a) As used in this Code section, the term 'interested person' means the decedent's chil dren, spouse, other heirs, beneficiaries, creditors, and any others having a property right in or claim against the estate of the decedent which may be affected by the year's sup port proceedings. (b) Upon the filing of the petition, the probate court shall issue a citation and publish a notice once a week for four weeks, citing all persons concerned to show cause by a day certain why the petition for year's support should not be granted.
(c)(l) If there is a personal representative of the decedent's estate, then, in addition to the citation and notice required by subsection (b) of this Code section, the probate court shall cause a copy of the citation to be sent by mail to the personal representa tive of the decedent's estate. The copy of the citation shall be mailed not less than 21 days prior to the date and time shown in the citation. (2) If there is no personal representative of the decedent's estate, then, in addition to the citation and notice required by subsection (b) of this Code section, the peti tioner or the attorney for the petitioner shall file with the probate court an affidavit, upon oath, showing the name, last known address, and age if less than age 18 of each interested person and stating that the petitioner or the attorney for the petitioner has listed all known interested persons and has made reasonable inquiry to ascertain the names, last known addresses, and ages of all interested persons. The probate court shall mail a copy of the citation to each interested person shown on the affidavit not less than 21 days prior to the date and time shown in the citation. (3) If the sole personal representative of the decedent's estate and the petitioner or the guardian of the petitioner are the same person, then paragraph (2) of this subsec tion shall govern as if the decedent's estate had no personal representative. (c) The probate court shall mail a copy of the petition within five days of its filing to the tax commissioner or tax collector of any county in this state in which property pro posed to be set apart is located.
53-3-7.
(a) If no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting aside as year's support the property applied for in the petition. (b) If objection is made, the probate court shall hear the petition and, upon the evi dence submitted, shall determine the property to be set aside according to the standards set out in subsection (c) of this Code section. If an appeal is taken, pending the appeal the petitioners shall be furnished with necessaries by the personal representative of the estate, as allowed by the probate court. (c) If objection is made to the amount or nature of the property proposed to be set aside as year's support, the court shall set apart an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the decedent, taking into consideration the following:
(1) The support available to the individual for whom the property is to be set apart from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that individual;

WEDNESDAY, FEBRUARY 21, 1996

1193

(2) The solvency of the estate; and (3) Such other relevant criteria as the court deems equitable and proper. The petitioner for year's support shall have the burden of proof in showing the amount necessary for year's support.
53-3-8.
If the decedent leaves minor children by different spouses, the probate court shall spec ify the portion going to the children of the former spouse or spouses, which portion shall vest in those children.
53-3-9.
(a) Except as otherwise provided in Code Section 53-3-8, title to the property set apart shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be adminis tered as the estate of the deceased spouse or parent. (b) When property is set apart as a year's support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, or disposition.
53-3-10.
The probate court may award year's support as to property located inside or outside the county where the decedent was domiciled at the time of death; and title to property both inside and outside the county where the decedent was domiciled at the time of death shall vest in the surviving spouse, spouse and children, or children only, as appli cable.
53-3-11.
(a) When the probate court grants an order for year's support which awards an interest in real property located in this state, within 30 days after granting the order the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located. The certificate shall:
(1) Identify in the manner provided in Code Section 53-3-5 those individuals receiving the interest; (2) Identify the interest received; (3) Contain a legal description sufficient under the laws of this state to pass title to the real property in which the interest was received, provided that the words 'Also lands in _________________________ County(ies),' which accurately identifies other counties within which the real property is located, shall be sufficient to describe real property located outside the county to which the order or a copy of the order was sent; and (4) Contain a certification by the probate court that the information in the certificate is correct. (b) The certificate to be filed under subsection (a) of this Code section shall be accom panied by the same fee required for the filing of deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate. (c) The clerk of any superior court receiving the certificate provided in subsection (a) of this Code section shall file and record the certificate upon the deed records of that county. The certificate shall be indexed according to the names appearing on the certifi cate as follows: (1) The grantor is the name of decedent; and (2) The grantee is the name of the individual or individuals to whom the .award was made. (d) Upon the filing and recording as provided in subsection (c) of this Code section, the certificate shall be returned to the probate court from whom it was received, for inclu sion in the probate court's permanent file. The probate court shall not be required to enter a certificate on the minutes of the court after the return of a certificate recorded under subsection (c) of this Code section.

1194

JOURNAL OF THE HOUSE,

53-3-12.
(a) The fees of the probate court shall be paid by the petitioner for year's support out of the fund set apart. (b) The probate court may issue a writ of fieri facias against the personal representative of the estate for the amount awarded as provided in subsection (a) of this Code section.
53-3-13. The right of a surviving spouse or minor child to year's support from the estate of a decedent shall be barred by a sale or conveyance made prior to the award of year's sup port by the personal representative of the estate under authority of a court of competent jurisdiction or under power in a will; provided, however, that the sale or conveyance shall bar year's support and rights to year's support only as to the property sold or con veyed.
53-3-14.
If year's support is set apart for the benefit of any individual in or with respect to real property on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, the individual and any purchasers or lessees of the real property, after the same has been so set apart, shall take the real property or any interest therein subject to all of the rights and privileges of the grantee of the option or contract and of any assignees of the option or contract if the assignment or assign ments are also recorded.
53-3-15.
A conveyance, contract, or lien made or created by the surviving spouse or by the guard ian of the minor child or children shall be superior to the title and interest of the surviv ing spouse or minor child or children under year's support subsequently applied for and set apart.
53-3-16. Whenever the vendor of real property makes a deed to such real property and takes a mortgage to secure the purchase money for such real property, neither the surviving spouse nor the children of the vendee shall be entitled to year's support in the real property as against the vendor or the vendor's heirs or assigns until the purchase money is fully paid.
53-3-17. Whenever the vendor of personal property, at the time of selling and delivering such personal property, takes a mortgage or other security interest to secure the payment of the purchase money for such personal property, neither the surviving spouse nor the minor child or children of the vendee shall be entitled to year's support in the personal property as against the vendor or the vendor's heirs, personal representatives, or assigns until the purchase money of the personal property is fully paid; provided, however, that the mortgage or other security interest shall expressly state that the same is executed and delivered for the purpose of securing the debt for the purchase.
53-3-18. Whenever a tenant dies owing a landlord for rent or for supplies for which the landlord has a special lien on the crops made on the lands rented from the landlord in the year the rent accrued or supplies were furnished, neither the surviving spouse nor spouse and minor children nor minor child or children only of the tenant shall be entitled to year's support out of the crops so planted or grown in that year as against the landlord until the accounts for the rent and supplies are fully paid, provided that the surviving spouse shall be entitled to year's support in such part of the crop as may remain after the landlord's lien for rent and supplies shall have been discharged.
53-3-19. (a) When property is set apart as year's support for the joint benefit of the surviving spouse and the minor child or children, a conveyance or encumbrance of the same or

WEDNESDAY, FEBRUARY 21, 1996

1195

any or all parts of such property by the surviving spouse shall convey or encumber the title and interest of the spouse and shall be binding and conclusive upon the spouse. (b) The conveyance or encumbrance of any or all the property set apart as year's sup port for the joint benefit of the surviving spouse and the minor child or children shall convey or encumber and be binding and conclusive upon the child or children and per son claiming through or under them only when approved by the probate court of the county in which the year's support award was made. No such approval shall be neces sary to bind a child who is sui juris and who joins with the surviving spouse in making the conveyance or encumbrance. (c) The purchaser or lender shall not be responsible for the proper use or application of the proceeds derived from a sale or encumbrance contemplated under this Code sec tion.
53-3-20.
(a) The approval of the probate court required by subsection (b) of Code Section 53-3-19 shall be obtained in the following manner: The surviving spouse shall petition the probate court, stating the purposes of the proposed conveyance or encumbrance and describing the property the spouse desires to convey or encumber, the nature of the pro posed conveyance or encumbrance, and the names, last known addresses, and ages of the children for whose benefit the year's support was set apart. If the surviving spouse has died, the petition may be made by the guardian for any one or more of the children for whose benefit the year's support was set apart. The probate court shall set a date for hearing on the petition and shall appoint a guardian ad litem who shall accept the appointment in writing to represent the minor children. Not less than ten days prior to the date set for the hearing, personal service shall be made on each child for whose ben efit the year's support was set apart who has attained the age of 18 at the time the peti tion is filed. If the surviving spouse does not know and cannot easily ascertain the addresses of any of the children, service shall be made by publishing notice of the date and purpose of the hearing one time and by posting a copy of the notice at the court house not less than ten days prior to the date set for the hearing. In addition to publica tion, the probate court shall mail a copy of the notice to the last known address of each child whose current address is unknown, not less than ten days prior to the date set for such hearing. Objections, if any, shall be made in writing. (b) At the hearing, the probate court shall determine that service has been made as required by this Code section and that the purpose or purposes of the proposed convey ance or encumbrance are proper and shall pass an order reciting due compliance with this Code section and approval of the proposed conveyance or encumbrance, which order shall be final and conclusive. (c) The proceedings shall be indexed and recorded in books to be kept for that purpose by the probate court in each county in which any of the property is located. (d) An appeal shall lie in the manner, under the restrictions, and with the effect pro vided for appeals from the probate court in other cases.
CHAPTER 4 ARTICLE 1
53-4-1.
A testator, by will, may make any disposition of property that is not inconsistent with the laws or contrary to the public policy of the state and may give all the property to strangers, to the exclusion of the testator's spouse and descendants.
53-4-2.
A will shall take effect instantly upon the death of the testator however long probate may be postponed.
53-4-3.
No particular form is necessary to constitute a will. To determine whether an instru ment is a will, the test is the intention of the maker to be gathered from the whole instrument, read in light of the surrounding circumstances. If the intention is to convey

1196

JOURNAL OF THE HOUSE,

a present interest, though the possession is postponed until after death, the instrument is not a will. If the intention is to convey an interest accruing and having effect only at death, the instrument is a will.
ARTICLE 2
53-4-10.
(a) Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action. (b) An individual who has been convicted of a crime shall not be deprived of the power to make a will.
53-4-11.
(a) Testamentary capacity exists when the testator has a decided and rational desire as to the disposition of property. (b) An incapacity to contract may coexist with the capacity to make a will. (c) An insane individual generally may not make a will except during a lucid interval. A monomaniac may make a will if the will is in no way connected with the monomania. In all such cases, it must appear that the will expresses the wishes of the testator unbiased by the insanity or monomania with which the testator is affected. (d) Neither advancing age nor weakness of intellect nor eccentricity of habit or thought is inconsistent with the capacity to make a will.
53-4-12.
A will must be freely and voluntarily executed. A will is not valid if anything destroys the testator's freedom of volition, such as fraudulent practices upon the testator's fears, affections, or sympathies; misrepresentation; duress; or undue influence whereby the will of another is substituted for the wishes of the testator.
ARTICLE 3
53-4-20.
(a) A will shall be in writing and shall be signed by the testator or by some other indi vidual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will. (b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction. (c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.
53-4-21.
Knowledge of the contents of a will by the testator is necessary to the validity of a will. If the testator can read, the testator's signature or acknowledgment of that signature is presumed to show such knowledge.
53-4-22.
(a) Any individual who is competent to be a witness and age 14 or over may witness a will. (b) If a witness is competent at the time of attesting the will, the subsequent incompe tence of the witness shall not prevent the probate of the will.
53-4-23.
(a) If a subscribing witness is also a beneficiary under the will, the witness shall be com petent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will. (b) An individual may be a witness to a will by which a testamentary gift is given to that individual's spouse, the fact going only to the credibility of the witness.

WEDNESDAY, FEBRUARY 21, 1996

1197

53-4-24.
(a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made self-proved and the testimony of the witnesses in the probate regarding such will may be made unnecessary by the affi davits of the testator and the attesting witnesses made before a notary public. The affi davit and certificate provided in subsection (b) of this Code section shall be the only prerequisites of a self-proved will or codicil. (b) The affidavit shall be evidenced by a certificate, affixed with the official seal of the notary public, that is attached or annexed to the will or codicil, in form and content substantially as follows:
STATE OF GEORGIA COUNTY of __________ Before me, the undersigned authority, on this day personally appeared _____________, _____________, and _____________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said indi viduals being by me duly sworn, _____________, testator, declared to me and to the witnesses in my presence that said instrument is the last will and testament or a codicil to the last will and testament of the testator and that the testator had willingly made and executed it as a free act and deed for the purposes expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is the testator's last will and testament or a codicil to the testator's last will and testament and that the testator executed the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witness had signed the same as witness in the presence of the testator and at the testator's request; that the testator was 14 years of age or over and of sound mind; and that each of the witnesses was then at least 14 years of age.

Testator

Witness

Witness Sworn to and subscribed before me by _____________, testator, and sworn to and subscribed before me by _____________ and _____________, wit nesses, this ____ day of ___________, 19__. (SEAL)
(Signed)_________________________________ (Official Capacity of Officer)
(c) A self-proved will or codicil may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently from a will or codicil that is not self-proved. In particular, without limiting the generality of the fore going sentence, a self-proved will or codicil may be contested, revoked, or amended in exactly the same fashion as a will or codicil that is not self-proved.
ARTICLE 4
53-4-30. A contract made after the effective date of this Code section that obligates an individual to make a will or a testamentary disposition, not to revoke a will or a testamentary dis position, or to die intestate shall be express and shall be in a writing that is signed by the obligor.
53-4-31.

1198

JOURNAL OF THE HOUSE,

(a) A joint will is one will signed by two or more testators that deals with the distribu tion of the property of each testator. A joint will may be probated as each testator's will. (b) Mutual wills are separate wills of two or more testators that make reciprocal disposi tions of each testator's property.
53-4-32.
The execution of a joint will or of mutual wills does not create a presumption of a con tract not to revoke the will or wills.
53-4-33.
(a) A joint will or mutual wills may be revoked by any testator in the same manner as any other will. (b) Revocation of a joint will or a mutual will by one of the testators shall not revoke the will of any other testator.
ARTICLE 5
53-4-40.
A will may be changed or revoked by the testator at any time prior to the testator's death.
53-4-41.
In all cases of revocation, the intent to revoke is necessary.
53-4-42.
(a) A revocation may be express or implied. (b) An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly. (c) An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subse quent inconsistent will fails to become effective from any cause, the implied revocation is not completed.
53-4-43.
An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will.
53-4-44.
An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a mate rial portion of the will.
53-4-45.
(a) If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by a later will or other written instrument, as described in Code Sec tion 53-4-43, the previous will remains revoked unless it is revived. The previous will is revived if it appears from the terms of the later will or other written instrument that the testator intended the previous will to take effect. (b) If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by an act, as described in Code Section 53-4-44, the previous will remains revoked unless it is revived. The previous will is revived if it appears from the circumstances of the revocation of the will or other written instrument or from the testator's contemporaneous or subsequent declarations that the testator intended the previous will to take effect. (c) If a will or other written instrument that expressly revoked or amended a previous will in part is revoked by a later will or other written instrument, as described in Code 53-4-43, the revoked or amended part of the previous will is revived to the extent it appears from the terms of the later will or other written instrument that the testator intended the previous will to take effect.

WEDNESDAY, FEBRUARY 21, 1996

1199

(d) If a will or other written instrument that expressly revoked or amended a previous will in part is revoked by an act, as described in Code 53-4-44, the revoked or amended part of the previous will is revived unless it is evident from the circumstances of the revocation of the will or other written instrument or from the testator's contemporane ous or subsequent declarations that the testator did not intend the revoked or amended part of the previous will to take effect as executed. (e) If a will or other written instrument that expressly revoked a previous will in whole or in part is revoked by a later will or other written instrument, as described in Code Section 53-4-43, or by an act, as described in Code Section 53-4-44, and the previous will or any revoked or amended portion is not revived in accordance with the provisions of this Code section, the previous will may be republished in whole or in part in accord ance with Code Section 53-4-50.
53-4-46. A presumption of intent to revoke arises if a testator's will cannot be found to probate.
53-4-47. An implied revocation extends only so far as an inconsistency exists between testamen tary instruments. Any portion of a prior instrument that can stand consistently with the testamentary scheme in a subsequent instrument shall remain unrevoked.
53-4-48. (a) Except as otherwise provided in Code Section 53-4-49, the marriage of the testator, the birth of a child to the testator, including a posthumous child born within ten months of the testator's death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event shall result in a revocation of the will. (b) A provision in a will for a class of the testator's children shall be presumed to be made in contemplation of the birth or adoption of additional members of that class, absent an indication of a contrary intent, and the mere identification in the will of chil dren already born or adopted at the time of the execution of the will shall not defeat this presumption.
53-4-49.
All provisions of a will made prior to a testator's final divorce or the annulment of the testator's marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator, and the provisions of Code Section 53-4-64 shall not apply with respect to the descendants of the former spouse who are not also descendants of the testator. If the testator remarries the former spouse and the testator has not revoked or amended the will that was made prior to the divorce or annulment, the remarriage shall not result in the revocation of the will and the provisions of the will that were revoked solely due to the application of this Code section shall be revived.
53-4-50.
A revoked will may be republished by a writing executed by the testator and subscribed and attested by witnesses with the same formality required for a will.
ARTICLE 6
53-4-55.
In the construction of all wills, the court shall seek diligently for the intention of the testator and shall give effect to such intention as far as it may be consistent with the rules of law. Provided the proof of intention is clear and convincing, the court may transpose sentences or clauses, change conjunctions, and supply or delete words in cases in which a sentence or clause as it stands is unintelligible or inoperative in context.
53-4-56.
In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all ambiguities, whether latent or patent.

1200

JOURNAL OF THE HOUSE,

53-4-57.
If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary scheme that the legal portion alone cannot give effect to the testator's intention, the whole will shall fail.
53-4-58.
If at the time of execution of the will the testator fails to provide in the will for a living child of the testator solely because the testator believes the child to be dead, the child is entitled to receive a share in the estate as follows:
(1) If the testator had no other child living at the time the will was executed, an omit ted child receives a share equal in value to that which the child would have received had the testator died intestate but only to the extent that any provision in the will to or for the benefit of the surviving parent of the omitted child is not thereby reduced; or (2) If the will contains testamentary gifts to one or more other children of the testa tor, an omitted child is entitled to receive the share of the estate that the child would have received had the testator included all omitted children with the children to whom testamentary gifts were made under the will and had given an equal share to each child. To the extent feasible, the interest granted an omitted child must be of the same character, whether legal or equitable, present or future, as that left to the testator's other children under the will. In satisfying the share for the omitted child, the shares of the other children shall abate ratably, preserving to the maximum extent possible the testamentary plan adopted by the testator.
53-4-59.
Testamentary gifts may be specific, demonstrative, general, or residuary. A specific tes tamentary gift directs the delivery of property particularly designated. A demonstrative testamentary gift designates the fund or property from which the gift is to be satisfied but nevertheless is an unconditional gift of the amount or value specified. A general tes tamentary gift does not direct the delivery of any particular property. A residuary testa mentary gift includes all the property of the estate that is not effectively disposed of by other provisions of the will.
53-4-60.
The income, profit, or increase of specific testamentary gifts, as a general rule, goes with the gift though the time of enjoyment or vesting may be postponed.
53-4-61.
(a) A general or demonstrative testamentary gift usually bears interest at the legal rate after the expiration of 12 months from the death of the testator; provided, however, that when a general or demonstrative testamentary gift is to be paid at a later time or upon a later event, it bears no interest until such time or event. (b) The general rule described in subsection (a) of this Code section yields to the equity and necessity of a particular case if the condition of the estate as to the payment of debts and testamentary gifts is doubtful or if the fund out of which the testamentary gift is to be paid is unavailable for all the charges made upon it or if any other equitable circumstance intervenes.
53-4-62.
If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator.
53-4-63.
(a) Unless otherwise directed, the debts of the testator shall be paid out of the residuum. Unless otherwise provided in the will, a residuary gift or any part thereof, including a residuary gift to a surviving spouse in lieu of year's support, shall be deemed a gift of the net residuum or part thereof remaining after all debts and expenses of administration, including taxes, have been paid.

WEDNESDAY, FEBRUARY 21, 1996

1201

(b) If the residuum proves to be insufficient for the payment of the testator's debts and the expenses of administration, then general testamentary gifts shall abate pro rata to make up the deficiency. If general testamentary gifts are insufficient, then demonstrative testamentary gifts shall abate in the same manner. If both general and demonstrative gifts are insufficient, then specific gifts shall abate in the same manner. (c) After the estate assets in the executor's hands are exhausted, a creditor may proceed against each beneficiary for that beneficiary's pro rata share of the debts to the extent a testamentary gift has been distributed to that beneficiary. (d) Realty and personalty shall be equally liable for the payment of debts. (e) Unless otherwise expressly directed in the will, nothing in this Code section shall be deemed to limit any rights to reimbursement for federal estate taxes, generationskipping transfer taxes, or any other taxes that may be available to personal representa tives under federal law.
53-4-64.
(a) If a beneficiary is dead when the will is executed or otherwise dies before the testa tor, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary in the same proportions as if inherited directly from the deceased beneficiary under the intestacy laws of this state. (b) The provisions of subsection (a) of this Code section shall also apply to a testamen tary gift to a class unless there appears a clear intent to the contrary. (c) If a beneficiary is treated as having predeceased the testator due to a divorce or annulment, as provided in Code Section 53-4-49, or due to the beneficiary being respon sible for the death of the testator, as provided in Code Section 53-1-5, the provisions of subsection (a) of this Code section shall apply only to vest the testamentary gift in descendants of the beneficiary who are also descendants of the testator.
53-4-65.
(a) A lapsed or void testamentary gift of realty or personalty shall become part of the residuum. (b) A lapsed or void gift of the residuum shall be deemed a part of the share of the other residuary beneficiaries in proportion to their original shares of the residuum. If there are no other residuary beneficiaries, a lapsed or void gift of the residuum shall pass by intestacy.
53-4-66.
Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death.
53-4-67.
(a) If the testator exchanges property which is the subject of a specific testamentary gift for other property of like character, or merely changes the investment of a fund so given, the testator's intention shall be deemed to be to substitute the one for the other, and the testamentary gift shall not fail. (b) If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is lost, stolen, or destroyed, and if such loss, theft, or destruction is covered, wholly or in part, by insurance, the specific beneficiary has the right to any proceeds of such insurance that are unpaid at the testator's death or, if any such proceeds have been paid prior to the testator's death, to a pecuniary gift equal to the amount of the proceeds so paid. The foregoing provisions shall also apply if the property is damaged but not destroyed, except that the amount of the insurance pro ceeds or the pecuniary gift to be paid to the specific beneficiary shall be reduced by the cost of any repairs made to the damaged property by the testator or the testator's per sonal representative. (c) If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is taken by condemnation, the beneficiary has the right to any award for such condemnation unpaid at the testator's death or, if any such award

1202

JOURNAL OF THE HOUSE,

has been paid prior to the testator's death, to a pecuniary gift equal to the amount of the award so paid.
53-4-68.
(a) Conditions in a will that are impossible, illegal, or against public policy shall be void. (b) A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out.
53-4-69.
A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the beneficiary is also a creditor shall not necessitate an election.
53-4-70.
(a) When a testator has attempted to make a testamentary gift of property that is not the testator's own and has also given a benefit to a person to whom the property belongs, the person shall elect to take either under the will or against the will. (b) An election pursuant to subsection (a) of this Code section shall not be required if:
(1) The will itself, from other causes, is not effective in passing title to the property in question; (2) The testator has an interest in the property in question upon which the will may operate; (3) The testamentary gift shows that the testator intended to give the property only in the event that the testator's own title was good; or (4) The benefit given to the person called upon to elect is not from the testator's own property but is by virtue of a power of appointment in the testator.
53-4-71.
If, pursuant to Code Sections 53-4-69 and 53-4-70, an election is made against the will, the defeated beneficiary shall be entitled to compensation out of the property bequeathed to the person who made the election, up to the value of the defeated testa mentary gift.
53-4-72.
All property owned by the testator at death that was acquired subsequent to the making of a will shall pass under the will if the provisions of the will are sufficiently broad to embrace the property.
53-4-73.
(a) Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart pacemaker implanted within the individual, such disposition to be made at death. If the sale is by will, it shall be effective without probate. (b) When individuals in prior classes are not available at the time of death of an indi vidual having a heart pacemaker and in the absence of a disposition contract or will, actual notice of contrary indications by the decedent, and actual opposition by a mem ber of the same or a prior class, any of the following individuals, in order of priority stated, may sell the heart pacemaker:
(1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A guardian of the person of the decedent at the time of the decedent's death other than a guardian ad litem appointed for such purpose; or (6) Any other person authorized or under obligation to dispose of the body. (c) If a buyer has actual notice of contrary indications by the decedent or actual notice that a sale by a member of a class is opposed by a member of the same or a prior class,

WEDNESDAY, FEBRUARY 21, 1996

1203

no valid sale may be made. The persons authorized by subsection (b) of this Code sec tion may make the sale only after the time of death of the individual having the heart pacemaker. (d) Unless otherwise provided in a will or contract, all proceeds from sales under this Code section shall be added to the estate of the decedent. (e) Sales of pacemakers under this Code section shall be subject to:
(1) Medical acceptability of the heart pacemaker for reuse; and (2) The laws of this state relating to autopsies. (f) This Code section shall not apply to the sale or gift of a nuclear-powered pacemaker.
53-4-74.
(a) As used in this Code section, the term 'marital deduction testamentary gift or trans fer' means a testamentary gift or transfer of assets, including cash, which qualifies for the federal estate tax marital deduction. (b) Where a will or trust agreement authorizes or requires an executor, administrator, or trustee to satisfy a pecuniary marital deduction testamentary gift or transfer wholly or partly by a distribution of assets in kind at values which are finally determined for federal estate tax purposes or at values which are determined by reference to such fed eral estate tax valuation, the executor, administrator, or trustee, in satisfaction of the pecuniary marital deduction bequest or transfer, shall distribute assets, including cash, which shall have an aggregate fair market value fairly representative of the distributee's proportionate share of the appreciation or depreciation, from the date or dates of federal estate tax valuation to the date or dates of distribution in satisfaction of the pecuniary marital deduction bequest or transfer.
CHAPTER 5 ARTICLE 1
53-5-1.
(a) The probate court shall have exclusive jurisdiction over the probate of wills. (b) The county of domicile of the testator at death shall give jurisdiction to the probate court of that county. (c) The domicile of a testator who was in the care of a nursing home or other similar facility at the time of death shall be presumed to be the county in which the testator was domiciled immediately before entering the nursing home or other facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that the testator considered or, in the absence of an impairment of mental faculties, the testator would have considered the county in which the facility is located to be the testator's domicile, then for purposes of this Code section that county shall be consid ered the testator's county of domicile.
53-5-2.
The right to offer a will for probate shall belong to the executor, if one is named. If for any reason the executor fails to offer the will for probate with reasonable prompt ness, or if no executor is named, any interested person may offer the will for probate.
53-5-3.
A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for:
(1) The appointment of a personal representative of the decedent's estate; (2) An order granting year's support from the decedent's estate; or (3) An order that no administration is necessary on the decedent's estate.
53-5-4.
An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from a bona fide purchaser for value:
(1) Property acquired from the heirs of the testator or anyone claiming through them, unless an order that no administration is necessary was entered prior to the purchase and the purchase occurred prior to the probate of the will;

1204

JOURNAL OF THE HOUSE,

(2) Property set aside in a year's support proceeding and acquired from the spouse or children of the testator or anyone claiming through them, unless the order granting year's support was entered prior to the purchase and the purchase occurred prior to the probate of the will; and (3) Property acquired from the administrator of the testator's estate or the heirs of the testator or anyone claiming through them, unless the administrator was qualified prior to the purchase and the purchase occurred prior to the probate of the will.
53-5-5. A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for con tempt and may fine and imprison a person withholding a will until the will is delivered.
53-5-6. On the investigation of an issue of devisavit vel non, the admission of an executor before qualification or of a beneficiary, other than a sole beneficiary, shall not be admissible in evidence to impeach the will except where the admission is in reference to the con duct or acts of the executor or beneficiary concerning some matter relevant to the issue.
ARTICLE 2
53-5-15. Probate of a will may be in common form or in solemn form or both.
53-5-16. (a) The probate of a will in common form is not conclusive upon anyone interested in the estate adversely to the will except as provided in Code Section 53-5-19. (b) If set aside, probate of a will in common form does not protect the executor in any acts beyond the executor's normal duties of collecting and preserving assets of the estate and paying the debts of the estate. Bona fide purchasers without notice under legally made sales from the executor will be protected.
53-5-17. (a) A will may be proved in common form upon the testimony of a single subscribing witness and without notice to anyone. If the will is self-proved, compliance with signa ture requirements for execution is presumed and other requirements for execution are presumed without the testimony of any subscribing witness. (b) The petition to probate a will in common form shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary.
53-5-18. The order to probate a will in common form may be granted by the probate court at any time.
53-5-19. Probate in common form shall become conclusive upon all parties in interest four years from the time of probate, except upon minor heirs who require proof in solemn form and interpose a caveat within four years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time.
ARTICLE 3
53-5-20. Probate in solemn form is conclusive upon all parties notified and upon all beneficiaries under the will who are represented by the executor. As to heirs not effectively notified, a proceeding to probate in solemn form shall otherwise be as conclusive as if probate had been in common form.

WEDNESDAY, FEBRUARY 21, 1996

1205

53-5-21.
(a) A will may be proved in solemn form after due notice, upon the testimony of all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator as provided in Code Section 53-5-23. The testimony of only one witness shall be required to prove the will in solemn form if no caveat is filed. If a will is self-proved, compliance with signature requirements and other requirements of execu tion is presumed subject to rebuttal without the necessity of the testimony of any wit ness upon filing the will and affidavit annexed or attached thereto. (b) The petition to probate a will in solemn form shall set forth the full name, the place of domicile, and the date of death of the testator; the mailing address of the petitioner; the names, ages or majority status, and addresses of the surviving spouse and of all the other heirs, stating their relationship to the testator; and whether, to the knowledge of the petitioner, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, addresses, and ages or majority status of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for issuance of letters testamentary. If all of the heirs acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be probated and letters thereupon may issue without fur ther delay.
53-5-22.
(a) Probate in solemn form requires due notice to all the heirs of the testator and to the beneficiaries and propounders of any other purported will of the testator for which probate proceedings are pending in this state. Service of a notice of petition for probate in solemn form shall be personal if the party resides in this state and is known and shall be served at least ten days before probate is to be made, except that, if waived, the tenday provision shall not apply. (b) For purposes of giving notice to beneficiaries under a purported will for which pro bate proceedings are pending in this state, notice shall be given to those of the following persons named or designated in the purported will whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence:
(1) Each beneficiary who is designated in the will to receive a present interest or power, other than a mere trust beneficiary, and who, in the case of an individual, is sui juris; (2) The duly acting guardian or, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and (3) Each trustee. Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous bene ficiaries of the same or similar class where the value of each testamentary gift is, or appears to be, nominal. Upon motion, the court may determine whether the interest of any beneficiary required to be notified under this subsection is adequately represented, including any contingent interest of a beneficiary, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent each benefi ciary or order such other notice as may be appropriate to a beneficiary of a contingent interest. If a trustee named in the will indicates a refusal to represent the beneficiaries of the testamentary trust, the court may order that notice be given directly to the bene ficiaries of the trust. (c) Service of a notice of petition for probate in solemn form shall be in accordance with the provisions of Chapter 11 of this title and shall include a copy of the will for which probate is sought. If service is to be made by publication, the published notice shall con tain a caption setting forth the court, the time the order or service by publication was granted, the name of the decedent, the fact that a petition has been filed seeking the

1206

JOURNAL OF THE HOUSE,

probate of the will of t.he decedent in solemn form, and the name of the petitioner who seeks letters testamentary or the continuance in force of any letters testamentary previ ously granted. The notice shall command all parties to whom it is directed to file objec tion, if there is any, why the probate in solemn form should not be had.
ARTICLE 4
53-5-23.
(a) In all proceedings for the probate of a will in common form or solemn form, wit nesses to the will may be examined in person or by written interrogatories which shall be answered in writing and under oath before a notary public or by depositions or other discovery procedures under the same circumstances as other civil cases. The probate court shall have the power to compel the attendance of witnesses in the same manner as the superior court. (b) Where witnesses are to be examined as authorized by this Code section, a photocopy of the will may be exhibited to the witnesses in lieu of the original will. The testimony of a witness to whom a photocopy of a will has been exhibited shall be given the same weight as though the original will had been exhibited to the witness. (c) The provisions of this Code section shall not be construed as repealing any other statutory provision prescribing a method or procedure for the taking of testimony by interrogatories or depositions, but as supplementary of such other provisions and cumu lative to such other provisions and as providing additional means or methods of taking the testimony of subscribing witnesses to a will in proceedings for the probate of the will. The taking or procuring of testimony in the manner prescribed by this Code section shall be sufficient for all purposes of the probate proceedings, notwithstanding any other statute.
53-5-24.
When it appears that a will cannot be proved as otherwise provided by law because at the time the will is offered for probate one or more of the subscribing witnesses to the will is dead or mentally or physically incapable of testifying or otherwise inaccessible, the court may admit the will to probate in common or solemn form upon the testimony in person or by affidavit or by deposition of at least two credible disinterested witnesses that the signature to the will is that of the individual whose will it purports to be or upon other sufficient proof of such signature. This Code section shall not preclude the court, in its discretion, from requiring, in addition, the testimony in person or by deposi tion of any available subscribing witness or proof of such other pertinent facts and cir cumstances as the court may deem necessary to admit the will to probate.
53-5-25.
(a) Upon petition of the interested parties, any superior court on appeal or any probate court which is so authorized by Article 6 of Chapter 9 of Title 15 may approve a settle ment agreement under which probate is granted or denied, providing for a disposition of the property contrary to the terms of the will. Approval of any settlement agreement that provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will shall be after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the court finds as a mat ter of fact that there is a bona fide contest or controversy. (b) All individuals who are sui juris and affected by such a settlement agreement shall be authorized to enter into such an agreement which shall be assented to in writing by all the heirs of the testator and by all sui juris beneficiaries affected by such a settle ment. (c) All individuals who are not sui juris, or are unborn beneficiaries, heirs, or persons unknown shall be represented in such proceedings by an independent guardian ad litem. It shall be the duty of the guardian ad litem to investigate the proposed settlement and report to the court the guardian's findings and recommendations. The court shall take the recommendations into consideration but shall not be bound by such recommenda tions.

WEDNESDAY, FEBRUARY 21, 1996

1207

(d) A judgment entered in the court and based upon the settlement agreement shall be binding on all parties including individuals not sui juris, unborn beneficiaries or heirs, and persons unknown who are represented before the court by the guardian ad litem appointed for that purpose.
53-5-26.
Upon petition to the probate court, a person named as an executor in a purported will of a decedent shall be entitled to recover from the estate of the decedent the expenses incurred in offering the will for probate in common or solemn form, including reasonable attorney's fees, provided the person proceeded in good faith. The probate court shall determine whether the person proceeded in good faith and the amount of the expenses. The order of the probate court shall be subject to appeal as is provided in other cases.
ARTICLE 5 Part 1
53-5-30.
For purposes of this article: (1) 'Domiciliary jurisdiction' is the jurisdiction outside this state in which a nondomiciliary is domiciled at death. (2) 'Foreign will' is the will of a nondomiciliary who dies while domiciled in a jurisdic tion that is not a state or territory governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state. (3) 'Nondomiciliary' is a decedent who dies while domiciled in a jurisdiction that is outside this state. (4) 'Out-of-state will' is the will of a nondomiciliary who dies while domiciled in a state or territory that is governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state.
53-5-31.
A foreign will or an out-of-state will may be admitted to original common or solemn form probate under the rules governing probate of wills of testators who die domiciled in this state upon proof that the will is valid under the laws of this state and that it has not been offered for probate or establishment in the domiciliary jurisdiction or that it has been offered for probate but either no timely caveat or similar objection was filed in the domiciliary jurisdiction or the grounds of a pending caveat or similar objection are not such as would, if proved, cause the denial of probate.
53-5-32.
If a foreign will or an out-of-state will is admitted to original probate in common or sol emn form, the terms of the will shall be given effect under the laws of this state and shall be subject to the same defenses and objections as a will of a testator who died domiciled in this state.
53-5-33.
(a) A foreign will or an out-of-state will duly admitted to probate or established under the laws of the domiciliary jurisdiction may be admitted to ancillary probate in solemn form upon proof that the will has not been offered for probate in this state in proceed ings in which a caveat to such probate has been finally sustained or is pending. (b) For purposes of ancillary probate of out-of-state wills, when the out-of-state will has been admitted to probate or established in the domiciliary jurisdiction, the will may be admitted to ancillary probate in solemn form upon production of a properly certified copy of the will and a properly authenticated copy of the final proceedings in the juris diction in which the will was probated or established, certified according to Code Section 24-7-24, and may be attacked or resisted on the same grounds as other judicial proceed ings from a state of the United States. (c) For purposes of ancillary probate of a foreign will, if the foreign will has been pro bated or established under the laws of the domiciliary jurisdiction, a certified copy of

1208

JOURNAL OF THE HOUSE,

the will and an authenticated copy of the final proceedings in the jurisdiction in which the will was probated or established, under the seal of the court, shall be prima-facie evidence of the due execution of the will and the will may be admitted to ancillary pro bate but may be objected to by caveat or rebutted by proof, as in the case of a will offered for original probate.
53-5-34.
If a foreign will or an out-of-state will is admitted to ancillary probate in this state, the validity and terms of the will shall be given effect under the laws of the domiciliary jurisdiction.
53-5-35.
(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when:
(1) Such a will is accompanied by properly authenticated copies of the record admit ting the will to probate in another state, certified according to Code Section 24-7-24; and (2) The certified copy of such a will is recorded in the office of the clerk of the supe rior court in the county in which the real property is situated in the record in which deeds are recorded in this state. (b) This Code section shall apply to all cases in which real property is held or claimed under wills not probated in this state and to all actions brought to recover or protect real property in this state.
53-5-36.
The probate court of any county in this state in which is located any property owned by the decedent or any cause of action of which the decedent was possessed at death the venue of which lies in this state shall have original or ancillary jurisdiction of a for eign or out-of-state will.
53-5-37.
Upon the admission of a foreign will or an out-of-state will to ancillary probate, an exec utor named by or pursuant to the will to serve in this state or, in the absence of objec tion, a duly qualified and acting executor, administrator, or personal representative for the estate under the laws of the jurisdiction in which the will was originally probated or established shall be entitled to qualify as executor or administrator with the will annexed in this state. If such person shall fail to qualify within a reasonable time after the will is admitted to ancillary probate or if objection is filed and the probate court shall find good cause why such person should not serve, the court shall name as admin istrator with the will annexed a person who could otherwise be named administrator with the will annexed under the laws of this state. No person may qualify as executor or administrator with the will annexed under this Code section if such person is not oth erwise qualified to act as a fiduciary in this state.
53-5-38.
If a nondomiciliary dies intestate owning real property located in this state, the real property shall be distributed to that decedent's heirs in accordance with the laws of intestacy of this state.
53-5-39.
When a nondomiciliary dies intestate owning real property located in any county of this state, the probate court of such county, on petition of any heir, creditor, or any duly qualified administrator or personal representative of the decedent, shall appoint an administrator of the estate in this state, in conformity with the proceedings required for the appointment of an administrator of a decedent who died domiciled in this state. Unless there is objection and good cause to the contrary shown, the duly qualified administrator or personal representative shall be appointed as the administrator of the

WEDNESDAY, FEBRUARY 21, 1996

1209

estate in this state. No person may qualify as administrator under this Code section if such person is not otherwise qualified to act as a personal representative in this state.
53-5-40.
Upon qualification, the ancillary personal representative shall give notice to all creditors of the nondomiciliary decedent who are domiciled in this state in the same manner as is required for decedents who die domiciled in this state. Following qualification and prior to performing any acts of ancillary administration in this state, the ancillary per sonal representative shall give notice, in accordance with Chapter 11 of this title, of the ancillary probate of the decedent's will or the ancillary administration of the decedent's estate to each beneficiary under the decedent's will who is domiciled in this state and to any heir of the decedent who is domiciled in this state.
53-5-41.
An ancillary personal representative shall be subject to the laws of this state governing the administration of estates generally, except that by order of the probate court granted after notice to the persons known to have an interest in or claim against the estate in this state as an unsatisfied heir, beneficiary, or creditor residing in this state, the personal representative may be directed to:
(1) Pay only those debts determined by the probate court to constitute administrative expenses or other debts incurred by the personal representative and debts payable to creditors residing or situated in this state; (2) Make distribution to any heirs or beneficiaries residing or situated in this state to the extent that the probate court determines to be practicable and not to the detri ment of a testamentary scheme; and (3) If the provisions of paragraph (1) or (2) of this Code section or both paragraphs apply to the estate, distribute all property remaining in the hands of the ancillary per sonal representative to the personal representative qualified in the domiciliary juris diction rather than to the distributees of the estate.
Part 2
53-5-42.
When an individual dies domiciled outside of this state possessed of a claim to or against real or personal property or a cause of action within this state, if ancillary pro bate or administration has not been granted and is not pending in this state and there is a personal representative duly qualified and serving under the laws of the domiciliary jurisdiction, ancillary probate or administration shall not be required and the duly quali fied personal representative may:
(1) Take possession of personal property of the decedent located within this state and collect accounts or other sums due and payable to the decedent; (2) Sell and convey any property of the decedent located within this state; (3) Transfer the decedent's stock in any bank or other corporation in this state and withdraw deposits made by the decedent and receive dividends declared on the dece dent's stock; (4) Sue in any court in this state to enforce any cause of action or recover any prop erty of the decedent or the foreign personal representative; (5) Settle or compromise debts, claims, actions, causes of action, or controversies and give receipts, releases, or acquittances; (6) Exercise and enforce anywhere in this state any and all rights, powers, or privi leges possessed by the decedent or the personal representative pursuant to deeds or bills of sale to secure debts, mortgages, financing statements, or other instruments given as security for debt or as liens of any kind, including foreclosing, taking posses sion of property to which either is entitled as security, and protecting any and all interests or rights of either as a creditor in bankruptcy, receivership, or other proceed ings as fully as could any other person entitled to do so; and (7) Give deeds of assent and otherwise transfer or execute evidence of ownership of real and personal property located within this state pursuant to the decedent's will or under the laws of intestacy.

1210

JOURNAL OF THE HOUSE,

Any of the foregoing powers of the personal representative shall be exercised in the same manner and in conformity with all requirements applicable to a personal representative of a decedent who dies domiciled in this state. If the personal representative of a dece dent who dies domiciled outside this state is acting pursuant to the decedent's will, the personal representative may exercise such powers to the extent and in the manner con templated by the will as if the will had been admitted to probate within this state. The filing of a petition for ancillary probate or administration in this state shall suspend all authority of the personal representative to perform any act within this state as such per sonal representative, but such authority shall be reinstated if the petition is dismissed or if the proceedings are otherwise finally terminated without a grant of probate or administration in this state. Any suspension of authority shall not serve to abate any action pending in any court in this state to which the personal representative is a party; when appropriate, the court may substitute a personal representative who becomes qual ified in this state in place of the personal representative. The provisions of this Code section shall apply only if the personal representative is a citizen of the United States.
53-5-43.
A copy of letters, or like documentation authenticated in accordance with Code Section 24-7-24, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the personal representative to act in this state. Whenever a personal representative shall execute and deliver any deed of assent or conveyance with respect to real property located within this state, the personal representative shall attach to such deed as an exhibit the authenticated copy of the letters, and a certified copy of the will in the case of a testate decedent. The clerks of the superior courts of this state shall not be autho rized to accept for filing and recording any deed given by such personal representative that does not conform to the foregoing requirements. Unless a third party has actual knowledge of the existence or pendency of ancillary probate or administration with respect to the decedent within this state, the third party who is dealing with the per sonal representative in reliance on the personal representative's letters and, in the case of a testate decedent, the out-of-state or foreign will, shall be fully protected.
53-5-44.
Any person having an interest or claim as heir, beneficiary, or creditor with respect to any real or personal property located within this state of an individual who dies domi ciled outside of this state may petition a probate court having jurisdiction for ancillary probate or administration and may apply to a court of equity to compel the personal representative to protect that person's interest. The court of equity may require ancil lary probate or administration, transfer the matter to a probate court in this state hav ing jurisdiction, and order the preservation of the existing status of the property pending the granting of ancillary probate or administration.
53-5-45.
(a) A personal representative of a decedent who died domiciled outside this state sub mits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:
(1) Receiving payment of money or taking delivery of personal property belonging to the estate of the decedent; or (2) Doing any act as a personal representative in this state that would have given the state jurisdiction over the actor as an individual. Jurisdiction under paragraph (1) of this subsection is limited to the money or value of personal property collected. (b) In addition to the jurisdiction conferred under subsection (a) of this Code section, a personal representative of a decedent who died domiciled outside this state is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death.
53-5-46.

WEDNESDAY, FEBRUARY 21, 1996

1211

(a) Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the per sonal representative's last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Notice by first-class mail is sufficient if certified or regis tered mail service to the addressee is unavailable. Service may be made upon the per sonal representative in the manner in which service could have been made under other laws of this state on either the personal representative or the decedent immediately prior to death. (b) If service is made on the personal representative as provided in subsection (a) of this Code section, the personal representative shall be allowed at least 30 days within which to appear and respond.
53-5-47.
An adjudication with respect to personal property rendered in any jurisdiction in favor of or against any personal representative of the estate of a decedent who died outside this state is as binding upon the personal representative as if that person were a party to the adjudication.
ARTICLE 6
53-5-50.
(a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges:
(1) That another will is entitled to be admitted to probate; or (2) That a codicil to the probated will is entitled to be admitted to probate. (b) Any such action shall be combined with a petition to probate in solemn form the other will or codicil. The court shall consider the petition to probate together with the action to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter.
53-5-51.
(a) The petition made pursuant to Code Section 53-5-50 shall set forth the allegations on which the action is based and the name and address of the then acting personal rep resentative, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served by Code Section 53-5-22. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier pro bate; the probate of the new will or codicil in solemn form; and the issuance of new let ters testamentary. (b) The beneficiaries under the previously probated will shall be represented in the action by the then acting personal representative, if any; and service of notice upon the personal representative in the same manner as provided for by law under Chapter 11 of this title shall be the equivalent of service upon the beneficiaries. (c) If there is no then acting personal representative, the petition shall be served upon the beneficiaries who are required to be served by Code Section 53-5-22 of the previ ously probated will, in the same manner as upon the heirs, unless all such parties assent to the petition. (d) If the then acting personal representative acknowledges service of the petition and assents to the relief in the acknowledgment of service, the relief upon the petition may issue without delay. In the event there is no then acting personal representative, if all the beneficiaries acknowledge service of the petition and assent in their acknowledg ments, the relief may issue without delay.
CHAPTER 6 ARTICLE 1
53-6-1.
Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter. Any other person is eligible

1212

JOURNAL OF THE HOUSE,

to serve as a personal representative of a decedent who dies domiciled in this state, sub ject to the requirements set forth in this chapter, provided the person is otherwise quali fied to act as a fiduciary in this state.
53-6-2.
Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the creditors and heirs or beneficiaries of the estate for double the value of the property so possessed and converted. Such executor shall not be allowed to set off any debt due the executor by the decedent or voluntarily paid by the executor out of the assets. If the executor dies, the executor's personal rep resentative shall be liable in the same manner and to the same extent as would the exec utor were the executor still living.
ARTICLE 2
53-6-10.
(a) No formal words are necessary for the nomination of an executor. An expression by the testator of a desire that the person carry into effect the testator's wishes shall amount to a nomination as executor. (b) Unless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will. (c) An individual who has not reached the age of majority may be nominated as an executor but may not qualify until reaching the age of majority. (d) If the will names a person to fill a vacancy in the office of executor or provides a method of selecting a personal representative to fill the vacancy, any vacancy shall be filled or selection made as provided in the will.
53-6-11.
(a) If the nominated executor does not qualify within 90 days after the order admitting the will to probate is entered, the next nominated executor in the order set out in the will may qualify. If the next nominated executor fails to qualify within 90 days after the expiration of the time period by which the first nominated executor must qualify, any nominated executor may qualify. If no nominated executor appears to qualify within a reasonable time or if there is no other executor named in the will, the estate shall be deemed to be unrepresented. (b) A nominated executor who fails to qualify within the time period set out in subsec tion (a) of this Code section is deemed to have declined the right to serve as executor; provided, however, that this declination does not preclude the nominated executor from qualifying to serve as executor or administrator with the will annexed at a later time.
53-6-12.
A nominated executor may decline in writing the right to serve as executor, but this shall not preclude the nominated executor from qualifying at a later time to serve as executor or administrator with the will annexed to fill a vacancy.
53-6-13.
Unless another nominated executor qualifies within the time provided in Code Section 53-6-11, the probate court shall appoint an administrator with the will annexed of a tes tate estate when:
(1) No executor is nominated in the will; (2) The nominated executor has not reached the age of majority, to serve until the disability ceases; (3) The executor dies, resigns, or otherwise becomes disqualified to serve; or (4) A testate estate is unrepresented for any other reason.
53-6-14.
(a) For purposes of this Code section, a beneficiary who is capable of expressing a choice is one:

WEDNESDAY, FEBRUARY 21, 1996

1213

(1) Who has a present interest, including but not limited to a vested remainder inter est but not including trust beneficiaries where there is a trustee; and (2) Whose identity and whereabouts are known or may be determined by reasonable diligence. (b) An administrator with the will annexed may be unanimously selected by the benefi ciaries of the will who are capable of expressing a choice unless the sole beneficiary is the decedent's surviving spouse and an action for divorce or separate maintenance was pending between the decedent and the surviving spouse at the time of death. When no such unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following preferences: (1) Any beneficiary or the trustee of any trust that is a beneficiary under the will; or (2) Those persons listed in Code Section 53-6-20. (c) For purposes of this Code section, a beneficiary's choice is expressed by: (1) That beneficiary, if sui juris; (2) That beneficiary's guardian or, if none, the person having custody of the benefi ciary if the beneficiary is not sui juris; (3) The trustee of a trust that is a beneficiary under the will; or (4) The personal representative of a deceased beneficiary receiving a present interest under the will.
53-6-15.
(a) Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section 53-5-21 if the will has not yet been admitted to probate and shall include a prayer for issuance of letters of adminis tration with the will annexed. (b) If the will has been admitted to probate, the petition for letters of administration with the will annexed shall set forth the names, addresses, and ages or majority status of the beneficiaries, the date on which the will was admitted to probate, and the circum stances giving rise to the need for an administrator with the will annexed. The petition shall be served on the beneficiaries of the will in the manner described in Chapter 11 of this title.
53-6-16.
(a) Every executor and every administrator with the will annexed, upon qualification, shall take and subscribe an oath or affirmation in substantially the following form:
'I do solemnly swear (or affirm) that this writing contains the true last will of ________________, deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of Georgia. So help me God.' (b) The oath or affirmation of an executor or administrator with the will annexed as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the executor or administrator with the will annexed shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affir mation.
ARTICLE 3
53-6-20.
An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent's surviving spouse and an action for divorce or sepa rate maintenance was pending between the deceased intestate and the surviving spouse at the time of death. When no such unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following order of preferences:
(1) The surviving spouse, unless an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death; (2) One or more other heirs of the intestate or the person selected by the majority in interest of them; (3) Any other eligible person;

1214

JOURNAL OF THE HOUSE,

(4) Any creditor of the estate; or (5) The county administrator.
53-6-21.
(a) Every petition for letters of administration shall be made to the probate court of the county of domicile of the decedent, or, if the decedent was not domiciled in this state, then in a county where the estate or some portion of it is located. (b) The petition shall set forth the full name, the legal domicile, and the date of death of the decedent; the mailing address and place of domicile of the petitioner; the names, ages or majority status, and addresses of heirs, stating their relationship to the decedent; and, in the event full particulars are lacking, the reasons for any omission. The petition shall conclude with a prayer for issuance of letters of administration. If a prior personal representative has qualified, only such of the foregoing information as might be different from the information in the petition of the preceding personal representative shall be required.
53-6-22.
Issuance of letters of administration requires due notice to the decedent's heirs, which shall be given in accordance with Chapter 11 of this title.
53-6-23.
Letters of administration may issue to any person selected as provided by Code Section 53-6-20, and a new citation need not be published if the administrator is someone other than the person named in the citation.

53-6-24.
(a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in substantially the following form:
'I do solemnly swear (or affirm) that __________________, deceased, died intestate so far as I know or believe, and that I will well and truly administer the estate in accordance with the laws of Georgia. So help me God.' (b) The oath or affirmation of an administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any state to administer the oath or affirmation.

ARTICLE 4

53-6-30.
(a) The probate court may at any time grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administra tor is discharged or a personal representative is appointed. (b) The probate court may appoint such person as temporary administrator as the court determines to be in the best interests of the estate. Pending an issue of devisavit vel non upon any paper propounded as a will which has not been admitted to probate in common form, the executor nominated in the purported will shall have preference in the appointment of a temporary administrator. (c) There shall be no appeal from an order granting temporary letters of administration.
53-6-31.
A temporary administrator may bring an action for the collection of debts or for per sonal property of the decedent. If a personal representative is appointed pending the action, the personal representative may be made a party in lieu of the temporary admin istrator.

53-6-35.

ARTICLE 5

WEDNESDAY, FEBRUARY 21, 1996

1215

(a) The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented. (b) In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census, the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties and authority and be subject to the same laws, including Chapter 3 of Title 29, relating to county guardians, as county administrators. (c) The order appointing the county administrator shall be entered on the minutes of the probate court and the original shall be placed in the possession of the county admin istrator.
53-6-36.
(a)(l) Except as provided in paragraph (2) of this subsection, the county administra tor shall have attained the age of 21 years and shall have been for at least one year a domiciliary of the county of appointment. (2) If the individual to be appointed as county administrator is an active member in good standing of the State Bar of Georgia, such individual need not be a domiciliary of the county but only a domiciliary of this state. (b) If the county governing authority consents, county administrators and ex officio county guardians may be paid an annual fee for so serving. The amount of any such fee shall be established by agreement of the county governing authority, the probate court, and the individual so serving. Any such fee shall be in addition to commissions autho rized under other provisions of law.
53-6-37.
(a) The term of office of a county administrator shall be four years and shall expire on the first Monday in March or when a successor is appointed and qualified. All vacancies in the office, whether by death, resignation, removal from the county, or removal from office, shall be filled by the probate court for the unexpired term. (b) When the term of a county administrator has expired or when a county administra tor has been removed from office, the county administrator shall nevertheless continue to discharge the duties of administrator of all estates remaining in the administrator's hands unless the letters of administration are revoked. (c) A county administrator may resign the office as other administrators are allowed by law to do so.
53-6-38.
If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section 53-6-22. If, however, the estate does not exceed in value the sum set aside to the spouse and children of the decedent as year's support, no administration shall be necessary, but the probate court shall by order set apart the same to the spouse and children, as provided by law.
53-6-39.
If for any reason a county has no county administrator and there is an unrepresented estate that is not likely to be represented, it shall be the duty of the probate court of any such county to vest the administration of the estate in the clerk of the superior court of the county.
53-6-40.
(a) The probate court shall grant to the county administrator separate letters of admin istration upon each estate placed in the county administrator's hands. Except as pro vided in subsection (b) of this Code section, the county administrator shall be governed and controlled by the law provided for other administrators. (b) If a petition is made for the appointment of a county administrator as the adminis trator of an unrepresented estate for the sole purpose of making it possible to commence or continue a lawsuit against the estate and the granting of such petition is otherwise

1216

JOURNAL OF THE HOUSE,

proper under applicable law, the probate court may appoint the county administrator as administrator of such estate. The probate court shall relieve the county administrator from all liabilities, duties, and obligations otherwise imposed on the administrator of an estate, including but not limited to the marshaling of assets, the publication of notice to creditors, the filing of an inventory, the filing of returns, and the posting of a separate bond, except for those duties and obligations directly related to the acceptance of service of process and qualification as administrator and other duties directly related to the law suit. Additionally, the probate court may provide for the payment of reasonable compen sation to the county administrator by the petitioner sufficient to cover the time devoted to and expenses incurred by the county administrator in the performance of the duties and obligations with respect to the estate, such compensation to be determined by the probate court in the same manner that the amount of any extra compensation claimed by the administrator is to be determined.
53-6-41.
Each county administrator shall give bond, with good security to be judged by the pro bate court, in the sum of $5,000.00. The bond shall be payable to the probate court for the benefit of all concerned. It shall be attested by the judge or clerk of the probate court and shall be conditioned upon the faithful discharge of the county administrator's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county administrator, as provided by law for actions on the bonds of other administrators.
53-6-42. The probate court may, for good cause shown, as provided in Code Sections 29-4-14, 29-4-15, and 53-7-14, revoke the letters of administration of the county administrator, require additional security on the county administrator's bond, or pass such other order as is expedient and necessary for the good of any particular estate in the hands of any county administrator.
53-6-43. (a) If, in the opinion of the probate court or upon the petition of an heir, it shall become necessary for the good of any estate placed or about to be placed in the hands of the county administrator for the administrator to give additional security on the bond or to give additional bond with security, the probate court shall have the authority to fix the amount of the bond and shall cite the county administrator to appear at a regu lar term of the court and show cause, if any, why the additional bond or additional secu rity should not be given. (b) If, upon the hearing, the county administrator fails to show good cause why the additional bond or additional security should not be given, the probate court shall pass an order fixing the amount of the bond and directing the county administrator to give additional security on or before a day named, which day shall be within 30 days of the date of the order. (c) Should the county administrator fail, refuse, or neglect to give additional bond or additional security on or before the day fixed in the order of the probate court and fail to show good cause why further time should be allowed, it shall be the duty of the pro bate court to remove the county administrator and to appoint another for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.
53-6-44. Nothing in this article shall be construed to require the probate court to vest adminis tration in the county administrator or any other person when the heirs agree to settle the estate without administration.
ARTICLE 6
53-6-50.

WEDNESDAY, FEBRUARY 21, 1996

1217

(a) Unless otherwise provided in this Code section, any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administra tor shall be required to give bond with good and sufficient security. (b) A national banking association or a bank or trust company organized under the laws of this state that seeks to qualify as a personal representative of an intestate estate or temporary administrator shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $400,000.00 as reflected in its last statement filed with the comptroller of the currency of the United States or the commissioner of banking and finance or unless the instru ment under which it seeks to qualify expressly provides that it shall give bond. (c) A person petitioning to qualify as a personal representative of an intestate estate may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. If there is no guardian, consent may be given by either parent of a minor heir or by a majority in interest of the heirs apparent of an incapacitated adult heir. The personal representative of a deceased heir is authorized to consent for that heir. In no case may consent on behalf of an heir who is not sui juris be effective if the person consenting is the person petitioning to serve as personal repre sentative. (d) The provisions of this Code section shall not apply to bonds described in Code Sec tion 53-6-41 and Code Section 53-6-53.
53-6-51.
(a) The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state, shall be payable to the probate court for the benefit of all concerned, shall be conditioned upon the faithful discharge of the per sonal representative's or temporary administrator's duty as such as required by law, and shall be attested by the judge of the probate court or the clerk of the probate court. (b) Whenever a personal representative or temporary administrator is required to give bond, the probate court may order the personal representative or temporary administra tor to post such bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on the bond posted pursuant to this Code section shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. (c) The bond shall be in a sum equal to double the value of the estate to be adminis tered; provided, however, that the bond shall be in an amount equal to the value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the personal representative or temporary administrator as fiduciary but, upon the conversion of the real property into personalty, a new bond shall be given based upon the value of the estate, including the value of the personalty into which the real property was converted. (d) Substantial compliance with these requisites for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requisites as to payee, amount, or condition, where the manifest intention was to give bond as per sonal representative or temporary administrator and a breach of the fiduciary's duty as such has been proved.
53-6-52.
If the value of an estate decreases, the probate court may permit a corresponding reduc tion in the amount of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct by the personal representative or temporary admin istrator.
53-6-53.

1218

JOURNAL OF THE HOUSE,

When a personal representative has qualified to serve without bond or is not otherwise required by law to give bond, the probate court, on its own motion or on the representa tion of any party in interest that the personal representative is mismanaging the estate, shall order the personal representative to appear and show cause as to why bond should not be given or the personal representative's letters revoked. The order shall be served in person on the personal representative at least ten days prior to the hearing. Failure to show cause shall authorize the court to require bond or to revoke the letters or to take any other action as may be necessary under the circumstances.
53-6-54.
The clerk of the probate court shall record bonds in a book kept for that purpose and shall retain custody of the bonds.
ARTICLE 7
53-6-60.
(a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent's death or a written agreement signed by all the beneficiaries of a testate estate or all the heirs of an intestate estate. A written agreement between a testator and a personal representative shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will. (b) If the personal representative's compensation is not specified in the will or any sepa rate written agreement, the personal representative for services rendered shall be enti tled to compensation equal to:
(1) Two and one-half percent commission on all sums of money received by the per sonal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 Vi percent commission on all sums paid out by the personal representative, either for debts, legacies, or distributive shares; (2) Ten percent commission on the amount of interest made if, during the course of administration, the personal representative shall receive interest on money loaned by the decedent or by the personal representative in that capacity and shall include the same on the return to the probate court so as to become chargeable therewith as a part of the corpus of the estate; (3) Reasonable compensation, as determined in the discretion of the probate court, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the judge, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the probate court and irrespective of whether the property, except money, is tangible or intangible, personal or real; and (4) In the discretion of the probate court, compensation for working land for the ben efit of the parties in interest in no case exceeding 10 percent of the annual income of the property so managed. (c) Whenever any portion of the dividends, interest, or rents payable to a personal rep resentative is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount so with held shall be deemed to have been collected by the personal representative. (d) Unless the will or written agreement specifies otherwise, where some or all of the estate passes through the hands of several personal representatives by reason of the death, removal, or resignation of the first qualified personal representative, or otherwise, the estate shall not be subject to diminution by charges of commission of each successive personal representative holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first personal representative or that person's representative, and commissions for paying out shall be paid to the personal representa tive who actually distributes the fund, and no commissions shall be paid for handing over the fund to a successor personal representative. If there is more than one personal representative serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each.

WEDNESDAY, FEBRUARY 21, 1996

1219

(e) Unless the will or written agreement specifies otherwise, a personal representative is entitled to receive commissions on debts, legacies, and distributive shares paid to that personal representative in the same manner as commissions to which the personal repre sentative would be entitled under the terms of the will or written agreement or applica ble law on such items paid to others. (f) Personal representatives who fail to make annual returns as required by law shall forfeit all commissions for transactions during the year within which no return is made unless the probate court, upon cause shown, shall by special order entered on the min utes relieve them from the forfeiture. (g) A personal representative may renounce the right to all or any part of the compensa tion to which the personal representative is entitled under this Code section.
53-6-61.
Personal representatives shall be allowed reasonable expenses incurred in the adminis tration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents.
53-6-62.
(a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made to all the heirs of an intestate decedent or to all the beneficiaries under the will of a testate decedent. Service shall be made in the man ner described in Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within ten days. (b) After hearing any objection filed by the heirs or beneficiaries of the estate, the pro bate court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest. (c) If the amount of compensation that is specified in a testator's will is less than the amount allowed under Code Section 53-6-60, the personal representative may petition for greater compensation in the manner described in this Code section.
53-6-63.
(a) Any executor who is a domiciliary of this state may receive compensation for ser vices, as specified in this subsection, from a corporation or other business enterprise where the estate of the decedent owns an interest in the corporation or other business enterprise, provided that:
(1) The services provided by the executor to the corporation or other business enter prise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the executor is paid pursuant to a contract exe cuted by the executor and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the executor and are not related to the executor and provided the con tract is approved by the probate court of the county in which the administration pro ceeding is pending. (b) Any executor receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 53-6-62; pro vided, however, that nothing in this Code section shall prohibit the receipt by the execu tor of extra compensation for services rendered in respect to other assets or matters involving the estate. (c) Nothing in this Code section shall prohibit the receipt by executors of normal com missions and compensation for the usual services performed by executors pursuant to law or pursuant to any fee agreement executed by the testator. (d) The purpose of this Code section is to enable additional compensation to be paid to executors for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compen sation pursuant to Code Section 53-6-62.

1220

JOURNAL OF THE HOUSE,

CHAPTER 7 ARTICLE 1
53-7-1.
(a) The duties and powers of the personal representative commence upon qualification. Such powers relate back to give acts performed by the personal representative prior to qualification that are beneficial to the estate the same effect as those acts performed after qualification. The personal representative may ratify and accept on behalf of the estate acts that are done by others that would have been proper acts for the personal representative. A personal representative is a fiduciary who, in addition to the specific duties imposed by law, is under a general duty to settle the estate as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. The per sonal representative shall use the authority and powers conferred by law, by the terms of any will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is a party, and by the rules generally applicable to fiduciaries to act in the best interests of all persons who are interested in the estate and with due regard for their respective rights. (b) As part of the petition for letters testamentary or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section 53-12-232. With respect to any beneficiary or heir who is not sui juris, the consent may be given by the guardian, or, if none, by either parent in the case of a minor or by a majority in interest of the heirs apparent in the case of an incapacitated adult; provided, however, that such consent on behalf of an individual who is not sui juris shall not be effective when the only individual who is consenting is the individual who will serve or who is serving as the personal representative. The personal representative of a deceased beneficiary or heir is authorized to consent on behalf of that beneficiary or heir. The grant of powers may only be ordered after publication of a citation and without any objection being filed. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section 53-12-232 be granted.
53-7-2.
The personal representative shall be entitled to possess and administer the entire estate. If, after payment of debts and satisfaction of testamentary gifts, there are assets not given under the will, such assets shall be distributed to the heirs of the decedent as if the decedent had died intestate.
53-7-3.
An administrator with the will annexed shall have all rights, powers, privileges, exemp tions, and immunities of the executor, including the dispensation by the testator of the necessity of making inventory and returns.
53-7-4.
Temporary administrators, pending the appointment of a personal representative, and executors, pending litigation of caveats to wills, are authorized to carry out existing con tracts of the decedent, carry on the business of the decedent, and do such acts as are necessary for the protection and preservation of the estate provided proper orders are secured from the probate court after due notice to all parties in interest.
53-7-5.
(a) If more than one personal representative is qualified and unless the will provides otherwise:
(1) The personal representatives must act by their unanimous action; provided, how ever, that while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remain ing personal representatives may act as if they were the only personal representatives if necessary to administer the estate; and

WEDNESDAY, FEBRUARY 21, 1996

1221

(2) The personal representatives may delegate in writing to one or more of them the authority to act for all of them; provided, however, that all the personal representa tives remain liable for the actions of the personal representative who is authorized to act. (b) If more than one personal representative is qualified and unless the will provides otherwise, a personal representative is liable for a breach committed by another personal representative: (1) By participating in a breach of fiduciary duty committed by the other personal representative; (2) By approving, knowingly acquiescing in, or concealing a breach of fiduciary duty committed by the other personal representative; (3) By negligently enabling the other personal representative to commit a breach of fiduciary duty; or (4) By neglecting to take reasonable steps to compel the other personal representative to redress a breach of fiduciary duty in a case where the personal representative knows or reasonably should have known of the breach of trust. (c) When safe deposit boxes or receptacles are leased or rented to fiduciaries, including executors, administrators, guardians, trustees, custodians, receivers, and the like, the fiduciary or fiduciaries, as lessee or renter, may authorize the entering of the box or receptacle by one or fewer than all of them or by any other person without the presence or consent of the fiduciary or fiduciaries. Upon receipt of the written authorization, the bank or lessor may without liability authorize access to the box or receptacle in accord ance with such authorization. Upon cancellation of the authorization, the bank or lessor may require the presence of all lessees or renters for access.
53-7-6.
Except as otherwise provided in the will, a personal representative is authorized: (1) To borrow money and to bind the estate by the execution of a promissory note for money borrowed and to pledge any or all the property of the estate for the pay ment of such a promissory note by mortgage, trust deed, deed to secure debt, or other security instrument, for the purpose of paying any gift, estate, inheritance, income, sales, or ad valorem taxes due the United States, the state, or any municipality or county of the state which constitute a claim or demand against the estate; provided, however, that a personal representative who desires to borrow money shall file a peti tion with the probate court, setting forth the facts and specifying the amount to be borrowed, the purpose for which the same shall be used, the rate of interest to be paid, the property to be pledged as security and the period of time over which the loan is to be repaid and, upon notice and hearing of the petition, an order granting leave to borrow the money and encumber the estate shall be entered and such order shall be binding, final and conclusive as to all interested parties; (2) To make contracts for labor or service for the benefit of the estate upon such terms as the personal representative deems best and all such contracts made in good faith shall be a charge upon and bind the estate whenever such contracts are approved by the probate court; (3) To fulfill, as far as possible, the executory contracts and comply with the executed contracts of the decedent, including contracts for the sale of land or bonds to make title to land, and shall have a corresponding right to demand the same of parties con tracted with; provided, however, that if the personal skill of the decedent entered into the consideration of the contract and the decedent's death renders execution impossi ble, the contract, though entire, shall be considered divisible and closed at the dece dent's death and any partial execution by the decedent shall authorize and require a corresponding compliance by the other contracting party; (4) To provide competent legal counsel for the estate according to the needs of the estate and, in such cases, either the personal representative or the attorney employed may, by petition to the probate court duly served on the other, obtain a judgment fix ing the attorney's fees and expenses; (5) To continue the business of the decedent for the 12 months following qualification of the personal representative, after which the personal representative may petition

1222

JOURNAL OF THE HOUSE,

for permission to continue the business under such terms and conditions as the pro bate court may specify; and (6) To petition the probate court for permission to perform such other acts as may be in the best interests of the estate.
53-7-7.
Except as otherwise provided in the will, income received by an executor during the period of administration from property that is used to pay debts, taxes, expenses of administration, general testamentary gifts, and other expenses chargeable to corpus shall be paid to the income beneficiaries of the residuum of the estate; provided, however, that nothing contained in this Code section shall alter or repeal Code Section 53-4-60.
53-7-8.
Whenever a personal representative has paid all the debts of the decedent and all claims against the estate, and property due minor heirs or beneficiaries for whom no one applies to be guardian is left in the personal representative's hands, the personal repre sentative may, under the direction of the probate court, apply so much of the minor's share of the decedent's estate as may be necessary for support and education as guardi ans are allowed by law to do.
ARTICLE 2
53-7-10.
(a) For purposes of this article, the term 'personal representative' includes temporary administrators. (b) When an action is brought against a personal representative in that person's repre sentative capacity, the personal representative may make the following defenses:
(1) That person does not occupy the position of personal representative, as alleged; (2) That no assets have come into the hands of the personal representative; (3) That all assets coming into the hands of the personal representative have been fully administered; (4) That all assets coming into the hands of the personal representative have been fully administered except those necessary to satisfy debts of a greater priority; (5) That the personal representative has fully administered the assets that came into the personal representative's hands; or (6) That, pending the action, the letters testamentary or of administration have been revoked and the administration committed to another to whom all the assets that came into the personal representative's hands have been delivered.
53-7-11.
When the cause of action originated in the lifetime of the decedent, a personal represen tative may make any defense or pleading which the decedent could have made if alive.
53-7-12.
An action against joint personal representatives shall not abate by the death of one but shall proceed against the survivor or survivors.
53-7-13.
In all cases where there are two or more personal representatives and one or more of them removes beyond the limits of this state, service of any writ or process upon those remaining in the state shall be as effectual and complete, for all purposes whatever, as though service had been made upon all of the personal representatives.
53-7-14.
(a) When letters testamentary or letters of administration are revoked, no action by or against the removed personal representative shall abate. The newly appointed personal representative may be made a party plaintiff or defendant in place of the removed per sonal representative. (b) The revocation of letters of administration shall not abate any action pending for or against the personal representative, but the newly appointed personal representative shall be made a party in proper cases as in the death of a party.

WEDNESDAY, FEBRUARY 21, 1996

1223

53-7-15. The provisions of law governing the situation in which the surety on a guardian's bond dies, becomes insolvent, removes beyond the limits of this state, from other cause becomes insufficient, or desires to be relieved as surety shall be applicable to sureties on personal representatives' bonds.
53-7-16.
The personal representative and sureties shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a personal representative removes beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that per sonal representative in the personal representative's representative capacity may insti tute an action against the sureties or any one or more of them upon the bond of the personal representative in the first instance, without first obtaining a judgment against the personal representative in that person's representative capacity. No prior judgment establishing the liability of the personal representative or a devastavit by the personal representative shall be necessary before an action is brought against the sureties on the bond.
53-7-17.
If two or more personal representatives unite in a common bond, all the sureties shall be bound for the acts of each personal representative and the personal representatives themselves shall be mutual sureties for each other's conduct.
53-7-18.
In all cases of removal of a personal representative for any cause, the sureties on that personal representative's bond shall be liable for the personal representative's acts in connection with the estate up to the time of settlement with another personal represen tative or the distributees of the estate.
53-7-19.
When any personal representative fails to settle and account with any heir or beneficiary of the estate, the heir or beneficiary may bring an action on the bond of the personal representative in the first instance and may recover judgment against the principal and the principal's sureties without first bringing an action against the personal representa tive in that person's representative capacity.
53-7-20.
Upon the rendition of a judgment against a personal representative upon any liability of the decedent and a return of writ of execution marked nulla bona, the plaintiff may at once bring an action on the bond of the personal representative and may recover judgment against the principal and the sureties in the same action. If the principal has removed beyond the limits of this state or has died and has no legal representative, the plaintiff may bring an action against the sureties on the bond alone, without joining the principal.
53-7-21.
In an action against a personal representative in that person's representative capacity, the judgment shall generally be de bonis testatoris. However, when the personal repre sentative unsuccessfully makes any of the defenses described in Code Section 53-7-10 or a release, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the property of the decedent, if found, and if such property is not found, then to be levied on the property of the defendant personal representative.
53-7-22.
(a) When a judgment has been obtained against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa.

1224

JOURNAL OF THE HOUSE,

(b) The probate court shall be authorized to enter a judgment and to issue a writ of execution against the principal and surety or sureties on the bond of a personal repre sentative, guardian, or other fiduciary and shall be further authorized to grant judgment and execution in favor of the surety or sureties against the principal upon payment of the judgment by the surety or sureties.
53-7-23. In all cases of judgments recovered against a personal representative and the sureties of a personal representative, the execution shall first be levied on the property of the sure ties, and no levy shall be made on the property of the principal until there is a return of nulla bona as to the sureties.
ARTICLE 3
53-7-30.
(a) Unless otherwise provided by will or relieved under Code Sections 53-7-32 or 53-7-33, the personal representative shall prepare an inventory of all the property of the decedent. The personal representative shall file the inventory with the probate court and shall deliver a copy of the inventory to the beneficiaries of a testate estate or the heirs of an intestate estate by first-class mail within six months after the qualification of the personal representative. The time for filing the inventory may be extended by the pro bate court for good cause shown. The inventory shall state that it contains a true state ment of all the property of the decedent within the knowledge of the personal representative and shall be verified in the same manner as a petition filed in the probate court. The inventory shall state that the inventory has been mailed to all beneficiaries or heirs who are entitled to receive the inventory and shall provide the name of any ben eficiary or heir who has waived the right to receive the inventory, as provided in Code Section 53-7-32. (b) In the event other property of the decedent comes into the hands of the personal representative after the inventory is filed, the personal representative shall file with the probate court a supplementary inventory and shall mail a copy of it to the beneficiaries or heirs in the manner prescribed in subsection (a) of this Code section within 90 days of the receipt of such property.
53-7-31.
The inventory provided for in Code Section 53-7-30 shall be made jointly by all the per sonal representatives but shall not be conclusive proof of joint possession of the assets.
53-7-32.
(a) Any beneficiary of a testate estate or heir of an intestate estate may waive individu ally the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time. (b) By unanimous written consent, the beneficiaries of a testate estate or the heirs of an intestate estate may authorize the probate court to relieve the personal representative of the duty to make inventory in the same manner as described in subsection (b) of Code Section 53-7-1.
53-7-33.
A testator may, by will, dispense with the necessity of the personal representative's mak ing an inventory to the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file inventories or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be con strued as dispensing with the necessity of inventories in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will.

WEDNESDAY, FEBRUARY 21, 1996

1225

ARTICLE 4
53-7-40.
Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order:
(1) Year's support for the family; (2) Funeral expenses, whether or not the decedent leaves a surviving spouse, in an amount which corresponds with the circumstances of the decedent in life. If the estate is solvent, the personal representative is authorized to provide a suitable protection for the grave; (3) Other necessary expenses of administration; (4) Reasonable expenses of the decedent's last illness; (5) Unpaid taxes or other debts due the state or the United States; (6) Judgments, secured interests, and other liens created during the lifetime of the decedent, to be paid according to their priority of lien. Secured interests and other liens on specific property shall be preferred only to the extent of such property; and (7) All other claims.
53-7-41.
The personal representative shall be allowed six months from the date of the qualifica tion of the first personal representative to serve in which to ascertain the condition of the estate. Every personal representative shall within 60 days from the date of qualifica tion give notice by publication, as described in Chapter 11 of this title, for creditors of the estate to render an account of their demands. Creditors who fail to give notice of claims within three months from the date of publication of the personal representative's last notice shall lose all rights to an equal participation with creditors of equal priority to whom distribution is made before notice of such claims is brought to the personal representative, and they may not hold the personal representative liable for a misappro priation of the funds. If however there are assets in the hands of the personal represen tative sufficient to pay such debts and if no claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding failure to give notice.
53-7-42.
(a) The personal representative shall not be required to pay the debts of the estate, wholly or in part, until six months from the date of qualification of the first personal representative to serve. If partial payment shall be made, it shall be pro rata on debts of equal priority, including debts due the personal representative, and shall continue pro rata until the debts of the estate shall be paid out. Successive dividends to creditors shall be made at the end of every year until the estate shall be paid out. (b) No action to recover a debt due by the decedent shall be commenced against the personal representative until the expiration of six months from the date of qualification of the first personal representative to serve.
53-7-43.
If the estate shall have been distributed to the heirs or beneficiaries without notice of an existing debt, a creditor may compel them to contribute pro rata to the payment of the debt.
53-7-44.
Except as otherwise provided by the will, any debt not due by its terms at the time for payment of debts of equal priority shall be satisfied and the estate shall be discharged with respect to such debt in such manner as the personal representative deems to be in the best interest of the estate in accordance with the following rules:
(1) The debt may be prepaid in accordance with the terms of any right to prepay; (2) By agreement with the creditor, the debt may be satisfied before it is due by the payment of an amount representing the agreed present value of the debt; (3) By agreement with the creditor, the debt may be assumed by one or more heirs or beneficiaries or by any other person; and

1226

JOURNAL OF THE HOUSE,

(4) By agreement with the creditor, or by order of the probate court after notice to the creditor and a hearing, arrangement for future payment may be made by creating a trust, giving a deed to secure debt or security interest, obtaining a bond or other security from one or more heirs or beneficiaries, or otherwise.
53-7-45.
Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle claims in favor of or against the estate.
ARTICLE 5
53-7-50.
(a) A personal representative who has fully performed all duties may petition the pro bate court for discharge from the office. The petition shall state that the personal repre sentative has fully administered the estate of the decedent and shall set forth the names and addresses of all known heirs of an intestate decedent or beneficiaries of a testate decedent, including any persons who succeeded to the interest of any heir or beneficiary who died after the decedent died, and shall name which of the heirs or beneficiaries is or should be represented by a guardian. The petition shall state that the personal repre sentative has paid all claims against the estate or shall enumerate which claims of the estate have not been paid and the reason for such nonpayment. The petition shall also state that the personal representative has filed all necessary inventory and returns or, alternatively, has been relieved of such filings by the testator, the heirs or beneficiaries, or the probate court. (b) Upon the filing of a petition that states that all claims against the estate have been paid, citation shall issue, as provided in Chapter 11 of this title, requiring all parties in interest to file any objections to the discharge by a date at least 14 days after the date of the citation. The citation shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed. A copy of the citation shall be mailed promptly by first-class mail to all heirs of an intes tate estate or beneficiaries of a testate estate. (c) Upon the filing of a petition that enumerates claims against the estate that have not been paid, citation shall issue, as provided in Chapter 11 of this title, requiring all par ties in interest to file any objections to the discharge by a date at least 30 days after the date of the citation. The citation shall be published once a week for four weeks in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed. A copy of the citation shall be mailed promptly by first-class mail to all heirs of an intestate estate or beneficiaries of a testate estate and to all the credi tors whose claims have not been paid. (d) If any party in interest files objection to the discharge, a hearing shall be held. If as a result of the hearing, the probate court is satisfied that the personal representative has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the personal representative from all liability. If no objections are filed, the probate court shall enter the order for discharge without further proceedings or delay. Any heir or beneficiary or creditor who is a minor at the time of the discharge and who is not represented by a guardian may, within two years of reaching the age of majority, commence suit against the personal representative and such discharge shall be no bar to the action. (e) If other property of the estate is discovered after an estate has been settled and the personal representative discharged, the probate court, upon petition of any interested person and upon such notice as it directs, may appoint the same personal representative or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the probate court orders otherwise, the provisions of this title shall apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.
53-7-51.
If funds are in the hands of the personal representative and no person claims such funds, the probate court may nevertheless grant a discharge, at the same time passing

WEDNESDAY, FEBRUARY 21, 1996

1227

an order requiring the personal representative to deposit the funds in a solvent bank as the court may direct. The discharge shall not take effect until the money is deposited.
53-7-52.
A temporary administrator may be discharged in the same manner as provided for dis charge of personal representatives.
53-7-53.
A discharge obtained by the personal representative by means of any fraud is void and may be set aside on motion and proof of fraud.
53-7-54.
(a) If a personal representative or temporary administrator commits a breach of fiduci ary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:
(1) To recover damages; (2) To compel the performance of the personal representative's or temporary adminis trator's duties; (3) To enjoin the commission of a breach of fiduciary duty; (4) To compel the redress of a breach of fiduciary duty by payment of money or oth erwise; (5) To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate; (6) To remove the personal representative or temporary administrator; and (7) To reduce or deny compensation to the personal representative or temporary administrator. (b) When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
53-7-55.
Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the letters of a personal repre sentative or impose other sanctions, the court shall cite the personal representative to answer to the charge. Upon investigation, the court may, in the court's discretion:
(1) Revoke the personal representative's letters; (2) Require additional security; (3) Require the personal representative to appear and submit to a settlement of accounts following the procedure set forth in Article 6 of this chapter, whether or not the personal representative has first resigned or been removed and whether or not a successor fiduciary has been appointed; or (4) Issue such other order as in the court's judgment is appropriate under the circum stances of the case.
53-7-56.
(a) A personal representative may resign: (1) In the manner and under the circumstances described in the will; (2) Upon petition to the probate court, showing that the resignation has been requested in writing by all heirs of an intestate estate or all beneficiaries of a testate estate; or (3) Upon petition to the probate court, showing to the satisfaction of the court that: (A) The personal representative is unable to continue serving due to age, illness, infirmity, or other good cause; (B) Greater burdens have developed upon the office of personal representative than those which were originally contemplated or should have been contemplated when the personal representative was qualified and the additional burdens would work a hardship upon the personal representative;

1228

JOURNAL OF THE HOUSE,

(C) Disagreement exists between one or more of the beneficiaries or heirs and the personal representative in respect to the personal representative's management of the estate, which disagreement and conflict appear deleterious to the estate; (D) The resignation of the personal representative will result in or permit substan tial financial benefit to the estate; (E) The resigning personal representative is one of two or more acting personal rep resentatives and the other personal representatives will continue in office with no adversity to the estate contemplated; or (F) The resignation would not be disadvantageous to the estate. (b) A personal representative's petition to resign shall be made to the probate court and service shall be made upon all the heirs of an intestate estate or the beneficiaries of a testate estate.
ARTICLE 6 Part 1
53-7-60.
The superior court shall have concurrent jurisdiction with the probate court over the settlement of accounts of personal representatives.
53-7-61.
If the personal representative resigns, is removed, or dies, an heir of an intestate estate or a beneficiary of a testate estate, the sureties of the personal representative or other personal representatives, or the successor personal representative may petition for an accounting and settlement. In the event a petition is filed for such accounting and set tlement, the probate court shall retain jurisdiction over the personal representative until such accounting and settlement is completed.
53-7-62.
(a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alterna tively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries to be present at the settlement of the personal representative's accounts by the court. The settlement shall be conclusive upon the personal representa tive and upon all the heirs or beneficiaries who receive notice of the hearing. The court may, in the court's discretion, give the personal representative additional time to settle the estate. (b) If the personal representative fails or refuses to appear as cited, the probate court may proceed without the appearance of the personal representative. If the personal rep resentative has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceed ing in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or the sheriffs deputies upon the personal representative at the last address of the personal representative in the court records and it appears to the probate court that further attempts are likely to be futile, then service shall be sufficient upon the personal administrator for purposes of this Code section if the citation is mailed by firstclass mail to such address. (c) Any party to the settlement shall have the right to appeal.
53-7-63.
Upon proof of citation pursuant to Code Section 53-7-62, the probate court may proceed to make an account, hear evidence upon any contested question, and make a final settle ment between the personal representative and the heirs or beneficiaries. The settlement may be enforced by a judgment, writ of fieri facias, execution, or attachment for con tempt.
53-7-64.
A personal representative shall account for income on the property administered as fol lows:

WEDNESDAY, FEBRUARY 21, 1996

1229

(1) The personal representative shall be charged with all income earned during the period of one year after the date of qualification; (2) For the period beginning one year after the date of qualification, the personal rep resentative shall account for income as follows:
(A) All income earned on property the personal representative is: (i) Authorized by the laws of this state to hold or invest in without securing the approval of any court to do so; (ii) Authorized by any court to hold or invest in; or (iii) Authorized by will to hold or invest in; and
(B) On all other property administered by the personal representative and, except as provided in paragraph (3) of this Code section, the personal representative shall be charged with the greater of the income earned on such property or the income it would have earned if invested at the legal rate of interest fixed by the laws of this state and in effect during the time the property was held. In applying this subparagraph, each item of property shall be treated separately, and income in excess of the legal rate of interest earned on one item may not be used to make up any deficiency in the income earned on another item; and (3) The personal representative shall be charged only with interest actually earned, if any, on funds held in a reasonable sum to pay anticipated expenses.
53-7-65.
The final receipts on settlements given by heirs or beneficiaries to a personal representa tive, whether a judicial or an informal settlement, may be admitted to record by the clerk of the probate court or the clerk of the superior court in either the county of resi dence of the personal representative or the county in which the estate is administered if attested by a judge of any court of this state, a magistrate, or a notary public. When recorded, the receipts shall be admitted in evidence without further proof. In case of loss of the original, a copy may be used in evidence under the same rules as for admission of copies of registered deeds.
53-7-66.
When litigation against the estate is pending or is threatened or when notice of a claim has been given to the personal representative, the personal representative may demand that the heirs or beneficiaries give refunding bonds to indemnify the personal represen tative against the claims. Upon the failure of the heirs or beneficiaries to give such bonds, the personal representative may reserve enough of the assets to respond to the claims.
Part 2
53-7-67.
(a) Within 60 days of the anniversary of the date of qualification, in each year, every personal representative required by the laws of this state to make annual returns shall file with the probate court a true and just verified accounting of the receipts and expenditures in behalf of the estate during the year preceding the anniversary date of qualification, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of the estate. The return shall include an updated inven tory of the assets of the estate as of the anniversary date of qualification. With this return, either the original vouchers shall be filed, showing the correctness of each item, or, in lieu thereof, the personal representative shall attach an affidavit stating that the original vouchers have been compared to each item on the return and that the return is correct; but the probate court shall require the original vouchers to be produced for good cause shown. If the original vouchers are filed with the return, they shall remain in the probate court for 30 days. (b) The probate court, upon petition of the personal representative or upon the court's own motion, may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the probate court is authorized to accept and approve a return even if the return does not cover the appropriate reporting

1230

JOURNAL OF THE HOUSE,

period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the court, unless the court also enters an order changing the reporting date.
53-7-68.
(a) Upon filing the annual return with the probate court, the personal representative shall mail by first-class mail a copy of the return, but not the vouchers, to each heir of an intestate estate or each beneficiary of a testate estate. The personal representative shall file a verified statement with the probate court stating that all required mailings of the return to heirs or beneficiaries have been made. (b) Any heir or beneficiary may waive individually the right to receive a copy of the annual return by a written statement that is delivered to the personal representative. Such waiver may be revoked in writing at any time. (c) By unanimous written consent, the heirs of an intestate estate or the beneficiaries of a testate estate may authorize the probate court to relieve the personal representative from filing annual returns with them or with the court or both, in the same manner as provided in subsection (b) of Code Section 53-7-1.
53-7-69.
A testator may, by will, dispense with the necessity of the personal representative's filing an annual return with the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file annual returns or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be con strued as dispensing with the necessity of annual returns in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will.
53-7-70.
The probate court shall carefully examine each return of a personal representative and its vouchers; and if the court finds it correct and no objection is filed within 30 days of the time it is filed and mailed to the heirs or beneficiaries, the court shall allow the return to be recorded, together with the original or copy vouchers attached. The return and copy vouchers shall be kept on file in the probate court. If the original vouchers are filed without copies, they shall when recorded be returned to the personal represen tative on demand. The return thus allowed and recorded shall be prima-facie evidence in favor of the personal representative of its correctness.
53-7-71.
(a) The return of a nonresident personal representative may be admitted to record upon affidavit of the personal representative's surety. (b) If a personal representative is dead, the representative of the estate of the deceased personal representative or, if at any time there is no such representative, any security on the bond of the deceased personal representative may make returns of the accounts of the deceased personal representative in the same manner and with the same effect as if the personal representative were living.
53-7-72.
To ensure annual returns from every personal representative, it shall be the duty of the probate court to keep a docket of all those who are liable to make returns and, immedi ately after the ceasing of the January term in each year, to cite all defaulters to show cause for their neglect. A willful and continued failure to make a return shall be good cause for removal.
53-7-73.
(a) Any time after the six-month period following qualification, but not more frequently than once every 12 months, a personal representative may file with the probate court a report to be known as an intermediate report to the date specified.

WEDNESDAY, FEBRUARY 21, 1996

1231

(b) Whenever a personal representative elects to file an intermediate report under sub section (a) of this Code section, the petition and report shall set forth all of the informa tion required by law in annual returns and, in addition thereto, shall show:
(1) The period which the report covers; (2) The names and addresses of living heirs of an intestate estate or beneficiaries of a testate estate known to the personal representative with the names of those who have or require a guardian; a description of any possible unborn or unascertained ben eficiaries; and the name of the surety on the personal representative's bond, with the amount of the bond; (3) In a separate schedule, the principal on hand at the beginning of the accounting period and the status at that time of its investment; the investments received from the decedent and still held; additions to principal during the accounting period, with dates and sources of acquisition; investments collected, sold, or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment; (4) In a separate schedule, the income on hand at the beginning of the accounting period and in what form held; income received during the accounting period, when, and from what source; income paid out during the accounting period, when, to whom, and for what purpose; and income on hand at the end of the accounting period and how invested; (5) A statement of unpaid claims, with the reason for the failure to pay them, includ ing a statement as to whether any estate or inheritance taxes have become due with regard to the property and, if due, whether paid; (6) A brief summary of the account; and (7) Such other facts as the court may by rule or by court order require. (c) The probate court, upon the petition and return being filed, shall issue a citation and shall require any objections to be filed on the date set for the hearing fixed by the court at a regular term of the court that convenes not less than 20 days after the date of filing of the petition. Service shall be made on the heirs of an intestate estate or the beneficiaries of a testate estate or such other persons as the court requires.
53-7-74.
At or before the time fixed for hearing, any parties at interest may file objections to the personal representative's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the pro bate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been served appropriately and who have filed no objec tions to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court.
53-7-75.
The probate court, upon its own motion or upon the motion of any party in interest, whenever it appears that a question of construction of a will is involved in the account ing, shall enter an order transferring the accounting to the superior court for the deter mination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and deter mined. The probate court may suspend further proceedings pending a final decision of the superior court. After a final determination of the questions of construction, the pro bate court shall proceed with the accounting.
53-7-76.

1232

JOURNAL OF THE HOUSE,

Should it appear from the intermediate report that the personal representative is liable to the estate or to any beneficiary of the estate, the probate court is authorized and it shall be the court's duty to enter a judgment surcharging the personal representative in such amount as is authorized under the law and the evidence.
53-7-77.
All parties in interest shall be bound by the order of the probate court on the intermedi ate report; and thereafter no such person shall be heard in any court, except upon appeal, to contest or question any matters or things covered by the report and the order on the report in the absence of fraud, accident, or mistake.
53-7-78.
Costs shall be taxed against the estate or the parties as the probate court shall deem fair and reasonable.
CHAPTER 8 ARTICLE 1
53-8-1.
(a) Unless otherwise expressly provided in the will, a personal representative shall be authorized to make those investments that are listed in Code Sections 53-8-2 and 53-8-3. (b) In making any other investments and in acquiring and retaining those investments and managing the property of the estate, the personal representative shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, consid ering the probable income as well as the probable safety of their capital. (c) Within the limitations of the standard provided in subsection (b) of this Code sec tion, a personal representative is authorized to acquire and retain every kind of property whether real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion, and intelligence acquire or retain for their own account; and within the limitations of such standard, a personal representative may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. (d) Nothing contained in this Code section shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement, or other disposition relating to the acquisition, investment, reinvest ment, exchange, retention, sale, or management of fiduciary property. (e) A personal representative that is a bank or trust company shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, trans fer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensa tion for such services.
53-8-2.
A personal representative is authorized to invest estate funds in real property after first obtaining an order to that effect from the probate court or from the superior court. Ser vice shall be made as provided in Chapter 11 of this title to the heirs of an intestate estate or the beneficiaries of a will. The court shall be authorized to grant the order immediately if the heirs or beneficiaries acknowledge service and consent to the petition or at any time after ten days after perfection of service.
53-8-3.
A personal representative is authorized to invest estate funds in: (1) Bonds issued by any county or municipality of this state which have been vali dated as required by law for the validation of county and municipal bonds; (2) Bonds issued by any county board of education under Subpart 1 of Part 3 of Arti cle 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses,

WEDNESDAY, FEBRUARY 21, 1996

1233

which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36; (3) Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia; (4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds of which are guaranteed by the United States government as provided in Code Section 53-8-4; and (5) Interest-bearing deposits in any chartered state or national bank or trust company or savings and loan association located in this state to the extent the deposits are insured by the Federal Deposit Insurance Corporation or comparable insurance.
53-8-4.
(a) Whenever by law or by an instrument or court order establishing a fiduciary rela tionship the personal representative is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obliga tions unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-8-3, the per sonal representative may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended, so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a con stant net asset value or price per share. (b) Nothing contained in this Code section shall be construed as relieving any personal representative from any duty or liability a personal representative has under the stan dard of prudence set forth in Code Section 53-8-1. (c) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.
53-8-5.
(a) Unless otherwise provided in the will, a personal representative is authorized to retain the property received by the personal representative on the creation of the estate, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and a personal repre sentative shall not be liable for such retention, except for gross neglect. In the case of corporate securities, a. personal representative may likewise retain the securities into which the securities originally received are converted or which are derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar proce dures; and a personal representative may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. This Code section applies to all property held by a personal representative on March 28, 1961, under estates previously created, except that it shall not relieve a personal representative from liability for loss which had already accrued on or before March 28, 1961. (b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the cor porate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such author ity shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corpo rate fiduciary's own issue, whether or not the stock or securities are substantially equiva lent to those originally received by the fiduciary. The authority granted in subsection

1234

JOURNAL OF THE HOUSE,

(a) of this Code section shall have reference, inter alia, to the exchange and continued retention of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations owns assets identical or similar to the assets of or carries on businesses identical or similar to the corporation the stock or securities of which were previously received by the fiduciary; and any such authority shall apply regardless of whether any of the corporations has officers, directors, employees, agents, or trustees in common with the corporation the stock or securities of which were previously received by the fiduciary.
ARTICLE 2
53-8-10.
(a) Subject to the provisions of this article, a personal representative may sell, rent, lease, exchange, or otherwise dispose of property, whether personal, real, or mixed, for the purpose of payment of debts, for distribution of the estate; or for any other purpose that is in the best interest of the estate, provided that nothing in this article shall be construed to limit, enlarge, or change any authority, power, restriction, or privilege spe cifically provided by will or incorporated into a will or otherwise granted to the personal representative in accordance with the provisions of subsection (b) of Code Section 53-7-1.
(b) A temporary administrator is authorized to petition the probate court for leave to sell or otherwise deal with property of the estate following the procedures described in this article; provided, however, that good cause is shown.
53-8-11.
Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner as the pro bate court shall determine to be in the best interest of the estate, after such notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances.
53-8-12.
Stocks or bonds, either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia, may be sold at private sale without order from or report to the probate court at a sales price not less than the stock exchange bid price or the published bid price at the time of sale. Reasonable brokerage commissions, not in excess of those customarily charged by stock exchange members, may be paid.
53-8-13.
(a) A personal representative desiring to sell, rent, lease, exchange, or otherwise dispose of property other than property that is perishable, liable to deteriorate, or expensive to keep or listed stocks and bonds shall file a petition with the probate court stating the property involved and the interests in such property, the specific purpose of the transac tion, the proposed price, if any, and all other terms or conditions proposed for the trans action and a list of names, addresses, and ages or majority status of heirs in an intestate estate or of beneficiaries in a testate estate. In the event full particulars are lacking, the petition shall state the reasons for any such omission. (b) Upon filing the petition, notice shall be mailed by first-class mail by the probate court to the heirs of an intestate estate or the beneficiaries of a testate estate. (c) If no written objection by a person so notified is filed within 30 days following the mailing of notice, the probate court shall order such sale summarily in the manner and terms petitioned. If timely written objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the estate, which may require the sale to be private or at public outcry including con firmation of the sale by the court or otherwise. An appeal shall lie to the superior court

WEDNESDAY, FEBRUARY 21, 1996

1235

in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. (d) A personal representative shall make a full return to the probate court of every sale, specifying the property sold, the purchasers, the amounts received, and the terms of the sale. (e) The recital in the personal representative's deed of compliance with legal provisions shall be prima-facie evidence of the facts recited. (f) Where a personal representative sells real property under the provisions of this Code section, liens on such real property may be divested and transferred to the proceeds of the sale as a condition of the sale.
53-8-14.
A personal representative may not bind the estate by any warranty in any conveyance or contract, nor shall a personal representative be personally bound by such covenant, unless the intention to create a personal liability is distinctly expressed.
53-8-15.
(a) The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them. (b) Such assent may be express or may be presumed from the conduct of the personal representative. Assent should be evidenced in writing as a deed of conveyance to real property, bill of sale conveying tangible personal property, or an assignment or transfer of interests in intangible personal property. (c) In the absence of prior assent, the discharge of a personal representative shall be conclusive evidence of the personal representative's assent. (d) At any time after the lapse of one year from the date of qualification of the personal representative, an heir or beneficiary who is entitled to the distribution of property from an estate may, personally or by guardian, cite the personal representative in the probate court to show cause why assent should not be given and may compel such assent by an equitable proceeding.
CHAPTER 9 ARTICLE 1
53-9-1.
(a) A domiciliary of this state who has been missing from the last known place of domi cile for a continuous period of four years shall be presumed to have died; provided, how ever, that such presumption of death may be rebutted by proof. The date of death is presumed to be the end of the four-year period unless it is proved by a preponderance of the evidence that death occurred earlier. (b) When any domiciliary of this state has been missing from the last known place of domicile for a continuous period of 12 months or more, the death of the individual may be proved by a preponderance of the evidence. (c) Notwithstanding any proof of a date of death that is earlier than the end of the four-year period set out in subsection (a) of this Code section, the missing individual shall be deemed to have predeceased any other individual who has died prior to the date any petition for letters or other action on the missing individual's estate is filed and from whom the missing individual would have taken an interest in property as an heir or beneficiary or otherwise.
53-9-2.
(a) A petition for administration of the estate, for the probate in common form or sol emn form of the will, for year's support, or for an order that no administration is neces sary may be filed for the estate of a missing individual whose death may be presumed or established in the probate court as provided in Code Section 53-9-1. The petition may be made by anyone who would be entitled to file such petition on the estate of the missing individual if the missing individual were known to be dead and shall be filed

1236

JOURNAL OF THE HOUSE,

in the county in which the estate of the missing individual would be administered were the missing individual known to be dead. (b) In addition to complying with all of the requirements for petitions pertaining to the administration of an estate or the probate of a will or year's support or an order that no administration necessary, as appropriate, the petition regarding the estate of a missing individual who is believed to be dead shall set forth the circumstances under which the individual disappeared, what inquiry has been made as to the individual's whereabouts, and such evidence as shall be offered, if necessary, for the purpose of prov ing death by a preponderance of the evidence. (c) If the court finds the petition to be in compliance with the requirements set forth in subsection (b) of this Code section, the court shall issue an order directing that a notice be published once a week for four weeks giving notice that on a day stated, which shall be at least 90 days after the first publication of the notice, evidence will be heard by the court concerning the alleged absence of the individual presumed to be dead and the circumstances and duration of such absence and requiring the missing individual, if alive, or any other person to produce and present to the court evidence that the missing individual is still in life. The notice required by this subsection may be combined with any other notice required for the issuance of letters or an order for year's support or an order that no administration is necessary. The notice shall be served as provided in Chapter 11 of this title on all individuals who would be heirs if the missing individual were known to be dead. The order may also direct that the petitioner make a search for the missing individual and shall specify the manner in which the search is to be con ducted to ensure that, in light of the circumstances of the particular case, a diligent and reasonable effort has been made to locate the missing individual. The order may pre scribe any methods of search deemed by the judge to be adequate and appropriate, including but not limited to publishing notices in newspapers in appropriate locations and making inquiry of governmental agencies and of the missing individual's relatives and friends and at the missing individual's last place of abode or other appropriate places.
53-9-3.
At the hearing the probate court shall hear such evidence as shall be offered for the pur pose of ascertaining whether a diligent and reasonable effort has been made to locate the missing individual and, if appropriate, such evidence that is offered to show that the missing individual is dead or alive. No person shall be disqualified from testifying by reason of being the spouse of the missing individual or having an interest in the estate of the missing individual. If the court finds that a diligent and reasonable effort has been made to locate the missing individual and that a presumption of death has been established and has not been rebutted as provided under subsection (a) of Code Section 53-9-1 or that death has been proved by a preponderance of the evidence as provided in subsection (b) of Code Section 53-9-1, the court shall enter an order finding that the missing individual is dead and specifying the date of death.
53-9-4.
At any time after the entering of the order finding the missing individual to be dead, the probate court shall issue letters of administration or letters testamentary or an order granting year's support or an order that no administration is necessary in conformity with all of the requirements of the appropriate laws of this state on the estate of the missing individual and such letters or order, unless revoked, and all acts done in pursu ance thereof and in reliance on such letters or order shall be as valid as if the missing individual were known to be dead.
53-9-5.
Upon petition of the missing individual, the probate court shall revoke the letters of administration or letters testamentary at any time on due and satisfactory proof that the missing individual is in fact alive. After such revocation, all the powers of the personal representative shall cease, but all receipts or disbursements of assets or other acts previ ously done by the personal representative shall remain valid, and the personal represen tative shall settle and account for the administration to the time of such revocation and

WEDNESDAY, FEBRUARY 21, 1996

1237

shall transfer all assets remaining to the missing individual or such individual's duly authorized agent or attorney.
53-9-6.
At any time before the expiration of two years after letters or an order for year's sup port or an order that no administration is necessary is issued regarding the estate of the missing individual, any property received by any spouse or child or other purported heir or beneficiary of the missing individual may be recovered by the missing individual unless the property has been transferred for an adequate consideration to a bona fide purchaser, in which case the amount of the consideration received for such transfer may be recovered from the transferor. No action to recover any property from any spouse, child, or other purported heir or beneficiary or to recover any consideration received by such a person as a result of a transfer of property to a bona fide purchaser may be brought by a missing individual after the expiration of the two-year period set out in this Code section unless the missing individual is a minor, in which case the time for bringing such actions shall be extended to two years from the date the missing individ ual reaches the age of majority.
53-9-7.
Before a distribution of any of the assets of the estate of a missing person is made to a spouse, child, or other purported heir or beneficiary within the two-year period set out in Code Section 53-9-6, such spouse, child, or other purported heir or beneficiary shall give security, to be approved by the probate court in such sum as the court shall direct but in no case less than the estimated value of the money or property distributed, condi tioned that if the missing individual is in fact alive, the person giving security will deliver to the missing individual, on demand by such individual at any time within the two-year period, the assets received by the person giving such security or, if such assets have been transferred to a bona fide purchaser, the consideration received in such trans fer, without interest. If any person entitled to receive such assets is unable to give secu rity, the personal representative shall continue to hold such assets until:
(1) Security is given; (2) The court orders the personal representative to deliver the assets to the person; or (3) The two-year period has expired, whichever occurs first, and in the meantime shall invest the assets in any investment that is authorized by law for personal representatives or that is authorized in the duly probated will of the missing individual and shall pay the income from such investments to the person or persons entitled to such assets quarterly or as otherwise directed by the court.
ARTICLE 2
53-9-10.
(a) For purposes of this article, an individual is deemed to be missing if: (1) That individual is missing from the usual place of domicile and that individual's whereabouts are unknown to those persons who are likely to know; (2) That individual was serving with the armed forces of the United States during any period in which a state of hostilities existed between the United States and any nation or power and the individual has been listed as missing in action, as interned in a neu tral country, or as having been captured by the enemy; or (3) That individual, whose whereabouts may or may not be known, has been kid napped or is being held hostage or otherwise detained and is thus unable to exercise control over the management of that individual's estate.
(b) When a domiciliary of this state has been missing for a period of 60 days or more, or for a shorter period of time but in emergency circumstances that dictate the need for the immediate conservation of the domiciliary's estate, any person having an interest in the estate of the missing individual by reason of being an individual who would be an heir of the missing individual if the missing individual were dead, a creditor of the missing individual, or a person having legal custody of minors or incompetents who

1238

JOURNAL OF THE HOUSE,

would be heirs of the missing individual may petition the probate court of the county in which the missing individual was domiciled for the appointment of a conservator of the estate of the missing individual.
53-9-11.
(a) In determining whether to appoint a conservator of the estate of a missing individ ual, the probate court shall take into account any other existing arrangements for the management of the missing individual's property, such as powers of attorney or trusts, and may determine that no conservator need be appointed if such arrangements are suf ficient under the circumstances. (b) The probate court shall select as conservator of the estate of the missing individual that person who will best serve the interests of the estate, considering the following order of preferences:
(1) The surviving spouse, unless an action for divorce or separate maintenance was pending between the missing individual and the spouse at the time of the disappear ance; (2) One or more other heirs of the missing individual; (3) Any eligible corporation, partnership, or other business association; or (4) Any creditor of the estate. In no event shall the court appoint as conservator a person who would not be eligible to serve as administrator of the estate of the missing individual if that individual were dead.
53-9-12.
The petition shall set forth the name of the missing individual, that individual's place of domicile, the circumstances under which that individual came to be missing, the length of time the individual has been missing, what inquiry has been made as to the whereabouts of the individual, the fact that the missing individual would probably have communicated with the petitioner or some other person of whom inquiry has been made, the names, addresses, and ages or majority status of those individuals who would be heirs if the missing individual were dead, a description of the property owned by the missing individual and the estimated value of the estate, the circumstances that dictate the need for the appointment of a conservator, and whether any other arrangements, such as powers of attorney or trusts, exist for the management of the missing individual's estate.
53-9-13.
(a) Upon the filing of the petition, the procedure shall be the same as in petitions for the administration on the estates of decedents, with the individuals who would be the heirs of the missing individual if the missing individual were dead being treated as the heirs of the missing individual. (b) The laws applicable to the administration of estates shall apply to the conservators of missing individuals except insofar as such laws may conflict with this article. (c) Upon appointment, the conservator shall subscribe an oath as in the case of an administrator and shall give such bond as is required by law of guardians.
53-9-14.
The conservator shall within 60 days after appointment make a written report to the probate court setting forth the condition of the estate of the missing individual, together with a schedule of any debts that may be owed by the missing person, an estimate of the income from the estate and the expenses necessary to its preservation, and a state ment showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support. The court, after considering the report and making any further investigation the court may deem necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been dependent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may provide for the payment of those debts of the missing person as the court deems just and proper. The order may allow the conservator to engage in such

WEDNESDAY, FEBRUARY 21, 1996

1239

estate planning dispositions of the missing person's property as are authorized by Code Section 29-5-5.1. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the missing individual for support, the guardian of any such individual, or any person having an interest in the property or in any business of the missing individual.
53-9-15.
A missing person for whose estate a conservator has been appointed may at any time petition the probate court that has jurisdiction over the conservator for an order termi nating the conservatorship. Upon a finding by the court that the petitioner is in fact the missing individual, the court shall enter an order terminating the conservatorship and directing the conservator to make a final return to the court and to pay over and deliver all funds and property in the conservator's hands to the missing individual.
53-9-16. If the missing individual is declared legally dead and the missing individual's will is pro bated or administration is had upon the individual's estate, the conservator shall, within 60 days after demand by the personal representative of the missing individual's estate, make a final return to the probate court which has jurisdiction over the conservator and pay over and deliver all of the funds or property in the conservator's hands to such per sonal representative.
ARTICLE 3
53-9-20. If an individual who is domiciled outside this state and possessed of any interest in or claim to or against real or personal property or cause of action located in this state shall have been absent for a period of time under circumstances whereby, pursuant to the law of the place in which the individual is domiciled, the individual is presumed to be dead, and a court of competent jurisdiction in the place of domicile has entered a final order or decree that the individual is presumed to be dead, the provisions of this title shall apply in every respect as if the individual in fact had died. If the individual shall have been absent for a period of not less than four years and shall not have been declared dead in the domiciliary jurisdiction, the individual may be declared dead in this state pursuant to the provisions of Article 1 of this chapter, as if a domiciliary of this state, for purposes of the property interests or claims or causes of action located in this state.
53-9-21. If an individual domiciled outside this state is possessed of any interest in or claim to or against any real or personal property or cause of action located in this state and would, if a domiciliary, be deemed to be missing in accordance with the provisions of Code Section 53-9-10 or if a conservator or any person serving in a similar capacity shall have been authorized to handle the property of the individual in the jurisdiction in which the individual is domiciled, the probate court may appoint a conservator of all of the interests or claims or causes of action located in this state and give direction as to the conservation of the property and its use in the interest of the missing individual or that individual's dependents, obligees, or successors in interest. The court shall mold such order in aid of any similar orders from the jurisdiction in which the individual is domiciled, may appoint the domiciliary conservator as the conservator in this state, and may authorize delivery of property to the domiciliary conservator. Except as the court may otherwise direct, the proceedings shall conform to the provisions of Article 2 of this chapter.
CHAPTER 10
53-10-1. This chapter may be cited as the 'Uniform Simultaneous Death Act in Georgia.'
53-10-2.

1240

JOURNAL OF THE HOUSE,

When the title to property or the devolution of property depends upon priority of death and there is no sufficient evidence that the individuals have died other than simulta neously, the property of each individual shall be disposed of as if that individual had survived, except as provided otherwise in this chapter.
53-10-3.
If property is so disposed of that the right of a beneficiary to succeed to any interest in such property is conditional upon surviving another individual and both individuals die and there is no sufficient evidence that the two have died other than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their deaths each beneficiary would have been entitled to the property if that beneficiary had survived the others, the prop erty shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each such beneficiary survived.
53-10-4.
If any stocks, bonds, bank deposits, or other intangible property shall be owned so that one of two joint owners is entitled to the whole on the death of the other and both own ers die and there is no sufficient evidence that the two joint owners have died otherwise than simultaneously, these assets shall be distributed one-half as if one joint owner had survived and one-half as if the other joint owner had survived. If there are more than two joint owners and there is no sufficient evidence that all have died other than simul taneously, these assets shall be divided into as many equal shares as there are joint own ers and these portions shall be distributed respectively to those who would have taken in the event that each joint owner had survived.
53-10-5.
This chapter shall not apply in the case of wills, trusts, deeds, contracts of insurance, or any other situation where provision is made for distribution of property different from that provided in this chapter or where provision is made for a presumption as to survivorship which results in a distribution of property different from that provided in this chapter.
53-10-6.
This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
CHAPTER 11
53-11-1.
Except as otherwise specifically provided, the provisions of this chapter shall apply to any proceeding in the probate court that arises under Chapters 1 through 10 of this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for pro ceedings in the probate court arising under Chapters 1 through 10 of this title except as otherwise provided in Chapter 11 of Title 9 and Chapter 9 of Title 15.
53-11-2.
(a) As used in this Code section, the term 'guardian' means the guardian ad litem appointed by the probate court who may represent a single party or more than one party or a class of parties with common or nonadverse interests; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted guardian of the property, if any, or the duly constituted guardian of the person, if any, has no conflict of interest and thus may serve as guardian for the purpose of the proceeding for a party who is not sui juris, who is unborn, or who is unknown. (b) When a party to a proceeding in the probate court is not sui juris, is unborn, or is unknown, that party shall be represented in the proceeding by a guardian as defined in subsection (a) of this Code section. Service upon or notice to a guardian shall constitute

WEDNESDAY, FEBRUARY 21, 1996

1241

service upon or notice to the party represented and no additional service upon or notice to such party shall be required. Waivers, acknowledgments, consents, answers, objec tions, or other documents executed by the guardian shall be binding upon the party represented. (c) Whenever a guardian ad litem is appointed, the court may limit the appointment or may at any time for cause appoint a successor. The guardian ad litem first appointed with respect to the proceedings for the appointment of an administrator, the probate of a will, or any other proceeding involving the administration of the estate shall continue to serve on behalf of the party represented until a successor is appointed or the party represented becomes sui juris. (d) In every petition filed in the probate court, the petitioner shall specify the name of each party who requires a guardian and the name and address of any person who is act ing as guardian of the party. A copy of the letters appointing the guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such guardian to act; provided, however, that the probate court may take judicial notice of the issuance of such letters or of such authority.
53-11-3.
(a) Except as otherwise prescribed by law or directed by the probate judge, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. (b) Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least ten days before the hearing except that, if waived in writing, the ten-day provision shall not apply. An entry of such service shall be made on the original and the copy for the party served. (c) A party who is in the military service may be served by any commissioned officer who shall file with the probate court a certificate stating that copies of the petition and citation were served in person. (d) Individuals who are not sui juris shall be served as provided in this Code section or as provided in Code Section 15-9-17. Incapacitated individuals who are residents of this state but are confined in another state may be served by service on a guardian ad litem appointed in this state. (e) When personal service is required by this Code section, unless otherwise directed by the probate court, service may be made by registered or certified mail if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least ten days before the date specified in the citation, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section.
53-11-4.
(a) Except as otherwise prescribed by law or directed by the probate judge, the provi sions of this Code section shall apply in cases when a person to be served is unknown, is known but whose residence is unknown, resides outside this state, or involuntarily resides outside this state under circumstances that make it difficult to determine if the person is a legal resident of this state or some other state. Upon the fact being made to appear, the probate court shall order service to be perfected by publication of the citation in the newspaper in which sheriffs advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given. (b) The published citation provided for in subsection (a) of this Code section shall be directed and addressed to the person to be served, if known, and, if all persons are not known, then and in that event to all and singular the parties in interest.

1242

JOURNAL OF THE HOUSE,

(c) In the case of a nonresident or a known person who involuntarily resides outside the state under circumstances that make it difficult to determine if the person is a legal res ident of this state or some other state, if the residence or mailing address of such a per son is known, the petitioner shall file in the court a copy of the published citation, and upon such filing, it shall be the duty of the probate court, within three days after the first publication of the notice in the newspaper, to direct, stamp, and mail by first-class mail a copy of the published citation to the person to be notified. (d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is unknown, who is known but whose residence is unknown, who resides outside this state, or who involuntarily resides outside this state under circumstances that make it difficult to determine if the person is a legal resident of this state or some other state shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication notice directed to all and singular the parties in interest and compliance with this Code section. In the case of a nonresident who is known or a known person whose residence is unknown or a known person who resides outside the state involuntarily under circumstances that make it difficult to determine if such per son is a legal resident of this state or some other state, that person's name shall appear in the records of the court, and such records shall show as to that person compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as pro vided in subsection (b) of this Code section.
53-11-5.
The probate judge may direct any additional service or notice with respect to any pro ceedings covered by this chapter as the judge may determine to be proper in the inter ests of due process and reasonable opportunity for any party or interest to be heard.
53-11-6.
(a) Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment shall be in a writing signed by the person to be served or some person authorized by the person to be served and shall be filed with the probate court. (b) Except as otherwise prescribed by law, the written consent of a party to the granting of any relief or the entry of any order sought in a proceeding, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of notice and service of the proceedings, waiver of citation, entry of appearance, answer admitting all allegations of fact set forth in the petition as true and correct, and irrevocable con sent to the granting of the relief or the order sought. (c) A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section.
53-11-7.
An oath or affirmation or affidavit required or allowed to be made before or attested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or affidavit is made. The oath or affirmation or affidavit, if made outside this state, shall have the same force and effect as if it had been made before an officer of this state authorized to administer oaths. The official attestation of the officer before whom the oath or affirmation or affi davit is made shall be prima-facie evidence of the official character of the officer and that the officer was authorized by law to administer oaths.
53-11-8.
Every petition filed in the probate court shall be verified by the oath of the petitioner and shall be sworn to or affirmed before the probate court or a notary public.
53-11-9.

WEDNESDAY, FEBRUARY 21, 1996

1243

Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the probate court. The citation also shall state whether the hearing will take place on a certain date or be specially scheduled for a later date. Where appropriate, the citation shall state that if no objections are filed, the petition will be granted.
53-11-10. (a) Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than 30 days from the date the citation is issued. (b) Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the probate court may specify. When the matter is set for hearing on a date that was not specified in the petition, the probate court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by them in their pleadings. (c) Notwithstanding the other provisions of this Code section, the date by which objec tions must be filed or on which the hearing will be held shall be no earlier than ten days after the date of service on any person who is entitled to personal service.
53-11-11. Whenever it is required that a document to be filed in the probate court be authenti cated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-24 and such full faith and credit shall be given to the document as is provided in that Code section."
SECTION 11. Chapter 12 of Title 53, relating to trusts, is amended by inserting, immediately following Code Section 53-12-173, relating to compensation, the following:
"53-12-173.1. (a) Any trustee resident in this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise, where the trust estate owns an interest in the corporation or other business enterprise, provided that:
(1) The services provided by the trustee to the corporation or other business enter prise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the trustee is paid pursuant to a contract executed by the trustee and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the trustee and are not related to the trustee and provided, further, the contract is approved by the probate court of the county which is the situs of the trust. (b) Any trustee receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 29-2-42.1; provided, however, that nothing in this Code section shall prohibit the receipt by the trustee of extra compensation for services rendered in respect to other assets or matters involving the trust estate. (c) Nothing in this Code section shall prohibit the receipt by trustees of normal com missions and compensation for the usual services performed by trustees pursuant to law or pursuant to any fee agreement executed by the settlor. (d) The purpose of this Code section is to enable additional compensation to be paid to trustees for business management and advisory services to corporations and business

1244

JOURNAL OF THE HOUSE,

enterprises pursuant to contract, without the necessity of petitioning for extra compen sation pursuant to Code Section 29-2-42.1."
SECTION 12. Said chapter is further amended by striking in its entirety Code Section 53-12-174, relating to the trustee's bond, and inserting in lieu thereof the following:
"53-12-174.
(a) A trustee is not required to give a bond to secure performance of the trustee's duties unless:
(1) The trust instrument requires a bond; or (2) A bond is found by the court to be necessary to protect the interests of beneficia ries or creditors of the trust, even though the trust instrument waives the requirement of a bond. (b) Even though the trust instrument requires a bond, the court may excuse the requirement, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. (c) The cost of the bond shall be charged against the trust. (d) If a bond is required, it must be payable to the court for the benefit of interested persons as their interests may appear and conditioned on faithful performance of the trustee's duties, and if imposed by a court, must be in an amount and with sureties and liabilities required by the court. (e) Any other law to the contrary notwithstanding, a national banking association or a bank or trust company organized under the laws of this state that seeks to qualify as a trustee under any trust created under or governed by the laws of this state shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $400,000.00 as reflected in its last statement filed with the comptroller of the currency of the United States or the commis sioner of banking and finance or unless the instrument under which it seeks to qualify expressly provides that it shall give bond. (f) Any other law to the contrary notwithstanding, in every case in which the trustee of any trust is required by any law of this state or by the judge of any court of compe tent jurisdiction to give bond for the faithful performance of the trustee's duties hi such fiduciary capacity, the trustee may give bond in an amount equal to the value of the trust estate if the bond is secured by a licensed commercial surety authorized to transact business in this state. (g) Any other law to the contrary notwithstanding, in every case in which the trustee of any trust is required by any statute of this state or by the judge of any court of com petent jurisdiction to give bond for the faithful performance of the trustee's duties m such fiduciary capacity and the amount of the bond is dependent upon the value of the trust estate, the value of the trust estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the trustee in the trustee's fiduciary capacity. Upon the conversion by any such fiduciary of the real property into personalty, the fiduciary shall give a new bond based upon the value of the estate, including the value of the personalty into which the real property is converted. 4e)(h) Failure to comply with this Code section shall not make void or voidable or other wise affect an act or transaction of a trustee with any third party."
SECTION 13. Said chapter is further amended by striking in its entirety Code Section 53-12-259, relating to rules governing sales by trustees, and inserting in lieu thereof the following:
"53-12-259.
Sales by trustees, unless otherwise provided in the order of the court authorizing a sale, shall be made under the same rules and restrictions as are provided for sales by admin istrators of estates guardians."

WEDNESDAY, FEBRUARY 21, 1996

1245

SECTION 14. Said chapter is further amended by inserting, immediately following Code Section 53-12-286, relating to investment in bonds and obligations issued under the Federal Farm Loan Act or the Farm Credit Act, the following:
"53-12-287.
(a) As used in this Code section, the terms 'property' and 'investment' shall be deemed to include life insurance, endowment, and annuity contracts issued by any insurer autho rized to do business in this state. (b) In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making investment decisions, a trustee may consider the general economic conditions, the antici pated tax consequences of the investments, the anticipated duration of the account, and the needs of its beneficiaries. (c) Within the limitations of the standard provided in subsection (b) of this Code sec tion and considering individual investments as part of an overall investment strategy, a trustee in authorized to acquire and retain every kind of property including real, per sonal, or mixed and every kind of investments, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended. The propriety of an investment decision is to be determined by what the trustee knew or should have known at the time of the decision about the inherent nature and expected performance of the investment (including probable yield), the attributes of the portfolio, the general economy, and the needs and objectives of the beneficiaries of the account as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the individual's portfolio as a whole. Within the limitations of such standard, a trustee may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. (d) Anything in this Code section or any other law of this state to the contrary notwith standing, the income beneficiary of a trust designed to qualify for the federal estate or gift tax marital deduction under the Internal Revenue Code or any subsequent statute of similar import shall have the right to direct the trustee of the trust to convert any unproductive or nonincome-producing property which is at any time acquired, invested in, or retained by the trustee into productive or income-producing property. (e) A trustee which is a bank or trust company shall not be precluded from acquiring and retaining the securities of or other interests in an investment company or invest ment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.
53-12-288. (a) Unless otherwise provided in the fiduciary instrument, trustees are authorized to retain the property received by them on the creation of the trust, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the prop erty may not otherwise be a legal investment and trustees shall not be liable for such retention, except for gross neglect. In the case of corporate securities, trustees may like wise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and they may exercise by purchase or other wise any rights, warrants, or conversion features attaching to any such securities. This Code section applies to all such property held by the fiduciary on March 28, 1961, under trusts previously created, except that it shall not relieve the fiduciary from liability for

1246

JOURNAL OF THE HOUSE,

loss which had already accrued on or before March 28, 1961, for losses that had occurred. (b) In the case of a corporate fiduciary, the authorities described in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authori ties shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corpo rate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authorities shall have reference, inter alia, to the exchange of such stock or securities for stock or securi ties of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations own assets identi cal or similar to the assets of or carry on a business identical or similar to the corpora tion whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authorities shall apply regardless of whether any of the corporations have officers, direc tors, employees, agents, or trustees in common with the corporation whose stock or secu rities were previously received by the fiduciary.
53-12-289. (a) Whenever by law or by an instrument or court order establishing a fiduciary rela tionship a trustee is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United State government, or obligations of the agencies of the United State government enumerated in Code Section 53-8-3, the trustee may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust regis tered under the Investment Company Act of 1940, as from time to time amended, so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a con stant net asset value or price per share. (b) Nothing contained in this Code section shall be construed as relieving any trustee from any duty or liability a trustee has under the prudent investor standard set forth in Code Section 53-12-280. (c) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services."
SECTION 15. This Act shall become effective on January 1, 1998.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Walker of the 141st and Holland of the 157th move to amend the Com mittee substitute to HB 1030 as follows:

WEDNESDAY, FEBRUARY 21, 1996

1247

By adding a new Section 16 as follows:
"No Probate Court shall require mandatory forms in matters presented to the court pro vided the matters presented are in conformity with the requirements of this Act. Pro vided, however, Probate Courts shall make available forms for use in the implementation of this Act and for matters to be presented to said court, the use of which shall be permissive."
And renumber Section 16 as Section 17.

Representative Holland of the 157th moves to amend the Committee substitute to HB 1030 as follows:
On page 57 line 16 before the period the following:
; which presumption may be overcome by a preponderance of the evidence and provided further a copy of said will may be probated if the evidence shows that a lost will was not intended to be revoked.

Representative Smith of the 109th moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
YAshe N Bailey N Baker Y Bannister NBarfoot N Bargeron
Y Barnard NBames
Bates N Benefield
Y Birdsong N Bordeaux Y Bostick Y Breedlove
Brooks, D N Brooks, T Y Brown, J N Brush NBuck
Buckner YBunn N Burkhalter YByrd N Campbell Y Canty Y Carter N Chambless N Channel! N Childers N Coker Y Coleman, B N Coleman, T N Connell N Crawford

Y Crews N Culbreth
Cummings Y Davis, G N Davis, M NDay N DeLoach, B
DeLoach, G Dii N Dixon, H N Dixon, S NDobbs N Ehrhart NEpps Y Evans N Falls Y Felton Y Floyd NGodbee N Golden N Goodwin
N Greene N Grindley N Banner N Harbin
N Harris N Heard Y Heckstall Y Hegstrom
Y Hembree N Henson
N Holland N Holmes N Howard N Hudson N Hugley

NIrvin Y James Y Jamieson
Y Jenkins N Johnson, G Y Johnson, J
Johnston
N Jones Y Joyce NKaye N Kinnamon N Klein
YLadd NLakly
NLane N Lawrence
NLee N Lewis
Y Lifsey YLord
Lucas Y Maddox NMann N Martin Y McBee N McCall
McClinton McKinney Y Mills Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal NOrrock N Parham

N Parrish N Parsons N Pelote N Perry N Pinholster NPolak
Ponder Y Porter NPoston N Powell N Purcell, A N Purcell, B
Randall Y 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 Y Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T N Smith, V

Y Smith, W E Smyre N Snelling YSnow NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephenson Y Streat N Taylor N Teague N Teper N Thomas YTillman N Titus N Towery N Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L N Wall N Watson N Watts N Westmorland Y 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 48, nays 116. The motion was lost.

Representative Smith of the 109th moved that HB 1030 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

1248

JOURNAL OF THE HOUSE,

N Alien N Andereon YAshe N Bailey N Baker N Bannister NBarfoot N Bargeron Y Barnard NBaraes
Bates N Benefield Y Birdsong N Bordeaux
N Bostick Y Breedlove N Brooks, D N Brooks, T
Y Brown, J N Brush NBuck
Buckner YBunn N Burkhalter
YByrd N Campbell
Y Canty Y Carter N Chambless N Channel! N Childere N Coker Y Coleman, B N Coleman, T N Connell N Crawford

Y Crews N Culbreth
Cummings N Davis, G N Davis, M NDay N DeLoach, B
DeLoach, G Dix N Dixon, H N Dixon, S N Dobbs NEhrhart
NEpps N Evans N Falls
Y Felton Y Floyd N Godbee N Golden N Goodwin N Greene N Grindley N Banner N Harbin N Harris N Heard YHeckstall YHegstrom Y Hembree N Henson N Holland N Holmes
Howard N Hudson
N Hugley

N Irvin Y James Y Jamieson
Jenkins N Johnson, G Y Johnson, J
Johnston
Y Jones Y Joyce NKaye N Kinnamon N Klein YLadd NLakly NLane N Lawrence NLee N Lewis Y Lifsey NLord
Lucas N Maddox NMann N Martin N McBee N McCall
McClinton McKinney Y Mills Y Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal N Orrock NParham

N Parrish N Parsons N Pelote N Perry N Pinholster N Polak N Ponder
Y Porter N Poston N Powell N Puicell, A N Purcell, B NRandall Y 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 N Smith, C.W Y Smith, L N Smith, P Y Smith, T N Smith, V

Y Smith, W ESmyre N Snelling
YSnow NStallings N Stancil, F
N Stancil, S N Stanley, L Y Stanley, P N Stephenson Y Streat N Taylor NTeague N Teper N Thomas Y Tillman N Titus N Towery N Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L
NWall N Watson
N Watts N Westmorland Y 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 41, nays 125. The motion was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon
NAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron N Barnard YBames Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T
N Brown, J Y Brush YBuck
Buckner NBunn Y Burkhalter

NByrd Y Campbell N Canty N Carter Y Chambless Y ChanneU Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford N Crews Y Culbreth N Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart YEpps N Evans Y Falls Y Felton N Floyd Y Godbee Y Golden N Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Y Irvin N James N Jamieson Y Jenkins Y Johnson, G N Johnson, J
Johnston Y Jones N Joyce
NKaye Y Kinnamon Y Klein NLadd Y Lakly
YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas N Maddox YMann Y Martin

Y McBee Y McCall
McClinton McKinney N Mills Y Mobley, B Y Mobley, J N Mosley Y Mueller Y O'Neal
Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder
N Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

WEDNESDAY, FEBRUARY 21, 1996

1249

YRandall N Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScoggins Y Shanahan

YShaw Y Sherrill Y Shipp
Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V

N Smith, W E Smyie Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor

Y Teague YTeper N Thomas YTillman Y Titus Y Towery YTrense Y Turnquest NTwiggs N Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts N Westmorland NWhitaker 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 138, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Johnston of the 81st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

By unanimous consent, HB 1030 was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

1250

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1147 Do Pass HB 1473 Do Pass

HB 1669 Do Pass, by Substitute HB 1723 Do Pass, by Substitute

Respectfully submitted, /s/ 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 House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1335 Do Pass, by Substitute HB 1596 Do Pass, by Substitute

HB 1611 Do Pass, by Substitute HB 1725 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

The following Resolutions of the House were read and adopted:

HR 1075. By Representative Channell of the lllth: A resolution honoring Lily Sellers.

HR 1076. By Representative Channell of the lllth: A resolution honoring William James Sellers.

HR 1077. By Representatives Sauder of the 29th, Ehrhart of the 36th, Grindley of the 35th, Parsons of the 40th, Towery of the 30th and others:
A resolution commending Brigadier General Terry G. Whitnell.

HR 1078. By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the 40th, Klein of the 39th, Woods of the 32nd and others:
A resolution commending Sheriff Bill Hutson.

WEDNESDAY, FEBRUARY 21, 1996

1251

HR 1079. By Representatives Mosley of the 171st, Byrd of the 170th and Barnard of the 154th:
A resolution honoring the memory of James Edwin Bacon, Sr.

HR 1080. By Representative Coleman of the 80th: A resolution commending Suzanne Dion.

HR 1081. By Representatives Polak of the 67th, Teper of the 61st, Mobley of the 69th, Henson of the 65th, Ladd of the 59th and others:
A resolution recognizing and commending the Decatur-DeKalb YMCA Part ner With Youth Campaign.

HR 1082.

By Representatives Golden of the 177th, Reaves of the 178th, Shaw of the 176th and Carter of the 166th:
A resolution commending the Valdosta-Lowndes County Habitat for Humanity.

HR 1083. By Representative Channell of the lllth: A resolution honoring Alyson Belle Bryant.

HR 1084. By Representatives Murphy of the 18th, Jamieson of the 22nd, Lee of the 94th, Sherrill of the 62nd, Polak of the 67th and others:
A resolution pledging the services of members of the House of Representa tives as mentors to young people.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1221. By Representatives Benefield of the 96th, Lee of the 94th and Bailey of the 93rd:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Anno tated, relating to the enforcement of state minimum standard codes applica ble to construction, so as to provide for alternative inspection of water and sewer lines where the installation is outside the building underground; to provide requirements relative to filing of a certificate of self-inspection.

The following Committee substitute was read:

A BILL
To amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide for alternative inspection of water and sewer lines where the installation is outside the building underground and on private property; to provide requirements relative to filing of notices and certificates of self-inspection; to provide for procedures and fees for alterna tive inspections; to provide for related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.

1252

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d)(l) In lieu of inspection by an inspector or other person employed by the govern ing authority of any county or municipality, a licensed master plumber or utility con tractor shall have the option of installing a water or sewer line according to the alternative inspection procedure described in this subsection where the installation is on private property outside the building underground. (2) If the master plumber or utility contractor elects to utilize this inspection proce dure, he or she shall file with the local inspector:
(A) Notice that the water and sewer line will be installed in accordance with the Standard Plumbing Code and will be inspected pursuant to the alternative inspec tion procedure described in this subsection; (B) A copy of his or her master plumber or utility contractor certificate issued by the State Construction Industry Licensing Board; (C) A copy of his or her trenching competent person certificate; (D) A certificate showing that a bond has been filed in accordance with paragraph (2) of subsection (b) of Code Section 43-14-12, except that such bond shall be in the amount of $50,000.00 and issued by a surety rated 'A,' 'Class VI,' or better by the A. M. Best Company; and (E) Within five business days after completion of the installation, a sworn certifica tion that the water or sewer line has been installed in accordance with the Standard Plumbing Code. (3) The department shall promulgate a standard form notice and a standard form cer tificate that shall be used to administer this subsection. Local inspectors shall make copies of the standard forms available to contractors. (4) The master plumber or utility contractor shall be required to pay to the governing authority the applicable permit fee. (5) Upon submission of the certification required by this subsection, the local govern ing authority shall be required to accept the inspection without the necessity of fur ther inspection or approval, except that the local governing authority may perform an inspection at any time and may issue a stop-work order if the work is found to be in violation of code requirements. (6) Any other provision of this subsection notwithstanding, the alternative inspection procedure described in this subsection shall be applicable only to installations on pri vate residential property."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Stephenson of the 25th and Lakly of the 105th move to amend the Com mittee substitute to HB 1221 as follows:
By adding a section to be numbered "Section 2" to read as follows:
Any political subdivision may exempt itself from said act by resolution or ordinance.
By renumbering the remaining sections accordingly.

The following amendment was read:

WEDNESDAY, FEBRUARY 21, 1996

1253

Representative Williams of the 83rd moves to amend the Committee substitute to HB 1221 as follows:
Page 2 after line 34 add: (7) No ditch or access point shall be left open or uncovered overnight.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
NAshe Bailey
N Baker Y Bannister E Barfoot N Bargeron N Barnard NBarnes
Bates Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush NBuck N Buckner YBunn N Burkhalter NByrd Y Campbell Canty N Carter N Chambless N Channell N Childers N Coker N Coleman, B Coleman, T Connell N Crawtord

N Crews N Culbreth N Cummings
N Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G
Dix N Dixon, H N Dixon, S N Dobbs NEhrhart
NEpps N Evans N Falls N Felton
Floyd N Godbee N Golden N Goodwin
Greene N Grindley N Hanner N Harbin N Harris N Heard
Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes Y Howard N Hudson N Hugley

N Irvin N James N Jamieson N Jenkins
Johnson, G N Johnson, J Y Johnston
Jones E Joyce NKaye N Kinnamon N Klein YLadd NLakly NLane N Lawrence NLee N Lewis Y Lifsey NLord
Lucas N Maddox YMann N Martin N McBee N McCall
McClinton McKinney
N Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal N Orrock NParham

N Parrish N Parsons N Pelote N Perry N Pinholster N Polak N Ponder N Porter N Poston N Powell
Purcell, A N Purcell, B NRandall Y Randolph
Ray 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 N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 20, nays 134. The amendment was lost.

N Smith, W NSmyre N Snelling N Snow N Stallings N Stancil, F N Stancil, S
N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague NTeper N Thomas
Tillman Y Titus N Towery N Trense
Turnquest NTwiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts N Westmoreland N Whitaker
White N Wiles N Williams, B Y Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

The following amendments were read and adopted:

Representative Bannister of the 77th moves to amend the Committee substitute to HB 1221 as follows:
Page 2 line 34 after the word "private" insert "individual single family residential prop erty".

Representative Buckner of the 95th moves to amend the Committee substitute to HB 1221 as follows:
Page 2 line 9 to read: in the amount of not less than $10,000 and not more than $50,000.

The Committee substitute, as amended, was adopted.

1254

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister EBarfoot Y Bargeron
Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childers
Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth
Y Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G
Dix Y Dixon, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton
Floyd God bee Y Golden Y Goodwin Greene Y Grindley Y Hanner Y Harbin YHarris Y Heard Heckstall Y Hegstrom Y Hembree YHenson Y Holland Hohnes Y Howard Y Hudson Y Hugley

Ylrvin
N James N Jamieson
Jenkins Johnson, G Y Johnson, J Y Johnston Jones
E Joyce YKaye Y Kinnamon N Klein
YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin YMcBee YMcCall
McClinton McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons N Pelote Y Perry Y Pinholster Y Polak Y Ponder
N Porter N Poston Y Powell
Purcell, A Y Purcell, B YRandall Y Randolph
Ray Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders N Sauder Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling
NSnow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper
Thomas Tillman Y Titus Y Towery YTrense Tumquest 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 N Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1293.

By Representatives Birdsong of the 123rd, Crews of the 78th and Smith of the 19th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Anno tated, relating to military affairs, so as to change the name of the state quartermaster to the state property and fiscal officer; to change the qualifica tions for such office; to repeal certain provisions which authorize the United States property and fiscal officer for this state to be designated as the state quartermaster.

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 Alien Y Anderson YAshe
Bailey Y Baker

Y Bannister E Bartoot Y Bargeron
Y Barnard Y Barnes

Bates Benefield Y Birdsong
Bordeaux Y Bostick

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush

YBuck Y Buckner YBunn Y Burkhalter
YByrd

WEDNESDAY, FEBRUARY 21, 1996

1255

Y CampbeU Canty
Y Carter Chambless
YChannell Y ChUdere Y Coker Y Coleman, B
Y Coleman, T Connell
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix Y Diion, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton
Floyd Godbee Y Golden

YGoodwin Greene Grindley
Y Banner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y 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 E Joyce
YKaye Y Kinnamon
Y Klein YLadd NLakly YLane

Y Lawrence YLee E Lewis
Y Lifsey YLord
Lucas Y Maddoi YMann YMartin YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J YMosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston
Powell

Purcell, A Y Purcell, B YRandall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScoggins Y Shanaban YShaw Y Sherrill YShipp Y Simpson Y Sinkfleld 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 Snelling Snow Y Stallings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor
Teague YTeper
Thomas Tillman Y Titus Y Towery YTrense Tumquest 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 passage of the Bill, the ayes were 146, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Lakly of the 105th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1504. By Representatives Watts of the 26th, Childers of the 13th, Murphy of the 18th, Stancil of the 16th, Dobbs of the 92nd and others:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Anno tated, relating to sewerage and waste disposal and related matters, so as to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met.

The following Committee substitute was read:

A BILL
To amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewerage and waste disposal and related matters, so as to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewerage and waste disposal and related matters, is amended by inserting at the end thereof the follow ing:
"(d) The director shall not authorize any new water pollution control discharge permit which if granted would permit water drawn from one river basin to be deposited into

1256

JOURNAL OF THE HOUSE,

another river basin in the discharge of sewerage, industrial waste, treated waste water, or other wastes unless for both the basin of origin and receiving river basin:
(1) The director has assessed all waters in order to identify those waters for which applicable effluent limitations are not sufficiently stringent to allow such waters to meet applicable water quality standards and has established limitations for the pollutants which cause the waters to fail to achieve such water quality standards; (2) The director has established water quality standards for the nearest downstream lake as provided in Code Section 12-5-23.1; and (3) All applicable provisions of this article and all rules and regulations promulgated pursuant to this article are met. The provisions of this subsection shall not apply to the reissuance of existing permits, permits for the expansion of existing facilities, permits for the withdrawal of water for agricultural use, or permits for mining activities which use water for the transportation of materials."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Johnson of the 84th moves to amend the Committee substitute to HB 1504 as follows:
Page 1 line 20 after the word "basin" add:
". All new permits issued after January 1, 2001, discharging in excess of 3 million gallons per day, shall be required to meet a minimum standard of 0.30 milligrams of phosphorus per liter of waste water."
Renumber following sections accordingly.

Representatives Dobbs of the 92nd and Perry of the llth move to amend the Committee substitute to HB 1504 as follows:
Page 1, line 25 strike the word "limitations" and insert the following "total maximum daily loads".

Representative Breedlove of the 85th moves to amend the Committee substitute to HB 1504 as follows:
Page 1 after #3 add new #4 and renumber:
Any treatment plant not in compliance after July 1, 1996 shall be required by the E.P.D. to have their permit to discharge decreased by up to 10% of capacity in order to allow any new permit issued to use the new allowance. This section shall stand repealed July 1, 1997.

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:

Alien Y Andereon YAshe

Y Bailey Y Baker Y Bannister

E Barfoot Bargeron Barnard

Y Barnes Bates
Y Benefield

Y Birdsong Y Bordeaux Y Bostick

WEDNESDAY, FEBRUARY 21, 1996

1257

Y Breedlove
Y Brooks, D Brooks, T
Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter N Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T
Cornell 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
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris 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 E Joyce

YKaye Y Kinnamon Y Klein YLadd
Lakly YLane Y Lawrence YLee E 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 YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Y Ponder Y Porter Y Poston
Powell Y PurceU, A Y PurceU, B YRandaU Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling

YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas
Tillman Y Titus
Y Towery YTrense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
Y Whitaker 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 157, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 931. By Representatives Royal of the 164th, Coleman of the 142nd, Sinkfield of the 57th, Martin of the 47th, Smyre of the 136th and others:
A resolution urging implementation of Electronic Benefit Transfer (EBT) for the delivery of Aid to Families with Dependent Children (AFDC) benefits, Refugee Cash Assistance (RCA), and food stamps by the Georgia Department of Human Resources, as a participant in the Southern Alliance of States (SAS), and in collaboration with the United States Department of the Trea sury, Department of Agriculture, and Department of Health and Human Ser vices.

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 Alien Y Andereon
Y Ashe Y Bailey Y Baker Y Bannister
EBarfoot Bargeron
Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck 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
Connell Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay

Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden

Y Goodwin Y Greene Y Grindley YHanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard

1258

JOURNAL OF THE HOUSE,

Y Hudson Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G
Y Johnson, J Y Johnston
Jones E Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee E 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 Y Mueller Y O'Neal YOrrock YParham YParrish
Y Parsons Y Pelote Y Perry Y Pinholster
YPolak

Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts
Rogers Y Royal N Sanders Y Sauder Y Scoggins
Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpgon

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 YTeague Y Teper

Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs
Y 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 161, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker assumed the Chair.

SB 641. By Senators Hill of the 4th, Perdue of the 18th and Broun of the 46th:
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 delete certain provisions relating to the merit system; to change the provisions relating to the powers and duties of the Georgia Student Finance Commis sion; to change the provisions relating to the powers and duties of the Geor gia Student Finance Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon
YAshe Y Bailey Y Baker Y Bannister E Barfoot
Bargeron Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty

Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell 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 YEhrhart
YEpps Evans
Y Falls Y Felton Y Floyd

Godbee Y Golden YGoodwin
Y Greene Y Grindley
Hanner
Y Harbin Y Harris 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 E Joyce

YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee E Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin
Y McBee YMcCall 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 YPolak Y Ponder 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 Scoggins
Shanahan YShaw Y Sherrill Y Shipp

WEDNESDAY, FEBRUARY 21, 1996

1259

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 Smyie Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P

Y Stephenson Y Streat Y Taylor Y Teague
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 White
Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1591.

By Representatives Walker of the 141st, Royal of the 164th and Baker of the 70th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to state government in general, so as to provide that state and local government shall be authorized to accept credit card payment of amounts due to state and local governments.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state and local government shall be authorized to accept credit card payment of amounts due to state and local governments; to provide for applicability; to authorize agreements with credit card issuers and other appropriate parties; to provide for the effect of credit card payment with respect to the underlying obligation; to provide for nonliability of officers and employees accepting credit card payment; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state govern ment in general, is amended by adding at its end a new Code Section 50-1-5 to read as follows:
"50-1-5.
(a) Notwithstanding any other provision of general or local law to the contrary, any offi cer or unit of state or local government who or which is required or authorized to receive or collect any payments to state or local government is authorized but not required to accept credit card payment of such amounts. (b) This Code section shall be broadly construed to authorize but not require acceptance of credit card payments by:
(1) All departments, agencies, boards, bureaus, commissions, authorities, and other units of state government, by whatever name called; (2) All officers, officials, employees, and agents of the state and such units of state government, by whatever name called; (3) All political subdivisions of the state, including counties, municipalities, school dis tricts, and local authorities; (4) All departments, agencies, boards, bureaus, commissions, authorities, and other units of such political subdivisions, by whatever name called; and (5) All officers, officials, employees, and agents of such units of political subdivisions. (c) This Code section shall be broadly construed to authorize but not require acceptance of credit card payments of all types of amounts payable, including but not limited to

1260

JOURNAL OF THE HOUSE,

taxes, license and registration fees, fines, and penalties. For purposes of this Code sec tion, the term 'credit card' shall be deemed to include credit cards, charge cards, and debit cards. (d) The decision as to whether to accept credit card payments for any particular type of payment shall be made by the officer or board or other body having general discre tionary authority over the manner of acceptance of such type of payments. If credit card payments are to be accepted, such officer or board or other body shall be authorized to adopt reasonable policies, rules, or regulations not in conflict with this Code section gov erning the manner of acceptance of credit card payments. However, no credit card pay ments shall be accepted for local ad valorem taxes without the formal agreement of the governing authority of the political subdivision for whose benefit such taxes are col lected, and no credit card payments shall be accepted for any state taxes without formal approval by the Governor. The officer or board or other body having the general discre tionary authority over the manner of acceptance of such payments shall be authorized to enter into appropriate agreements with credit card issuers or other appropriate par ties as needed to facilitate the acceptance of credit card payments. Without limiting the generality of the foregoing, such agreements may provide for the acceptance of credit card payments at a discount from their face amount or the payment or withholding of administrative fees from the face amount of such payments. Such discount or adminis trative fees may be authorized when the officer or board or other body determines that any reduction of revenue resulting from such discount or fees will be in the best interest of state or local government. Factors which may be considered in making such a deter mination may include but are not necessarily limited to improved governmental cash flow, reduction of governmental overhead, improved governmental financial security, or a combination of one or more of the foregoing together with the benefit of increased public convenience. Any such agreement shall provide that it may be canceled at any time by the affected officer or unit of state or local government, but the agreement may include provisions for a reasonable brief period of notice for cancellation. (e) An officer or board or other body authorizing acceptance of credit card payments shall be authorized but not required to impose a surcharge upon the person making a payment by credit card so as to wholly or partially offset the amount of any discount or administrative fees charged to state or local government. The surcharge will be applied only when allowed by the operating rules and regulations of the credit card involved. When a party elects to make a payment to state or local government by credit card and such a surcharge is imposed, the payment of such surcharge shall be deemed voluntary by such party and shall be in no case refundable. (f) No person making any payment by credit card to state or local government shall be relieved from liability for the underlying obligation except to the extent that state or local government realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and state or local government shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the pro visions of this subsection. This subsection, however, shall not make the underlying obli gor liable for any discount or administrative fees paid to a credit card issuer or other party by state or local government. (g) A state or local government officer or employee who accepts a credit card payment in accordance with this Code section and any applicable policies, rules, or regulations of state or local government shall not thereby incur any personal liability for the final col lection of such payments."
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.

WEDNESDAY, FEBRUARY 21, 1996

1261

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister EBarfoot
Bargeron Y Barnard YBarnes
Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T Y Brown, J Y Brush YBuck
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
Connell
Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y DUon, H
Y DUon, S YDobbs YEhrhart YEpps
Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin
Greene Y Grindley
Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley

Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones E Joyce
YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee E Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
YPolak Y Ponder Y Porter
YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P 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 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 Westmorland Y Whitaker
White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1525.

By Representatives Watson of the 139th and Powell of the 23rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia Real Estate Appraisers Board shall approve instructors of education courses for appraiser classifications and may require that instructors receive special instruction.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia Real Estate Appraisers Board shall approve instructors of education courses for appraiser classifications and may require that instruc tors receive special instruction; to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to provide for methods of payment of fees; to provide for additional fees in cases where checks received by the board are returned unpaid; to change provisions of the law relating to real estate brokers and salespersons; to change the definition of certain terms; to provide qualifications for a com munity association manager's license; to provide that the Georgia Real Estate Commission, in its discretion, may enter into written agreements with similar licensing authorities of

1262

JOURNAL OF THE HOUSE,

other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without obtaining a license in Georgia, provided that such other state affords the same opportunities to Georgia licensees; to change the provisions relating to license fees; to change the provisions relating to the granting, revocation, or suspension of licenses; to provide conditions under which a community association manager's license may be denied, revoked, or suspended; to provide that a community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's license except under certain circumstances; to change the provisions relating to the trust or escrow checking account for a real estate business; to provide that the commission may require that each broker who provides community association management services under this Act and who collects, controls, has access to, or disburses community association funds shall at all times have current coverage under a fidelity bond or fidelity insurance; to provide for records of such required fidelity bonds or fidelity insurance; to provide that if such coverage is required, each broker shall maintain a separate fidelity bond or fidelity insur ance policy for each community association for which the broker provides community asso ciation management services and collects, has access to, or disburses community association funds; to provide that this Act shall not determine who bears the cost of any required bond or insurance; to provide that certain trust or escrow checking account provi sions shall apply to community association managers; to prohibit certain conduct or activi ties of community association managers; to provide for sanctions; to provide certain exceptions under such chapter with respect to community association management ser vices; to require persons who provide community association management services to be licensed; to provide for the granting of a broker's license to certain corporations, partner ships, or limited liability companies engaged solely in providing community association management services; to provide certain qualifications with respect to the issuance of such licenses; to provide for related matters; to provide for the automatic repeal of certain pro visions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding at the end of Code Section 43-39A-8, relating to the establishment of real estate appraiser classifications which comply with federal law, a new subsection (e) to read as follows:
"(e) An instructor in any education course approved by the board must also be approved by the board and, where the board deems necessary, receive any special instruction that the board may require."
SECTION 2. Said title is further amended by striking in their entirety subsections (e) and (k) of Code Section 43-39A-11, relating to fees for examination, activation, and renewal of appraiser classifications, and inserting in lieu thereof new subsections (e) and (k) to read as follows:
"(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. The board, through its rules and regulations, may establish standards for the filing of applications and fees by electronic means or by courier ser vices." "(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; er (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 boardij or (3) Submits to the board a check that is returned unpaid."
SECTION 3. Said title is further amended by striking in its entirety Code Section 43-40-1, relating to definitions applicable under said title, and inserting in lieu thereof a new Code Section 43-40-1 to read as follows:

WEDNESDAY, FEBRUARY 21, 1996

1263

"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: (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; (B) Holds himself or herself out as a referral agent for the purpose of securing pros pects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate; (C) Collects rentSj assessments, or other trust funds or attempts to collect rents^ assessments, or other trust funds; (D) Is employed by or on behalf of the owner or owners of lots, time-share inter vals, or other parcels of real estate at a salary, fee, commission, or any other valu able consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof; (E) 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 list ing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both; (F) Auctions or offers or attempts or agrees to auction real estate; (G) Buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate; (H) Performs property management services or community association 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. (4.1) 'Community association' means an owner organization of a residential or mixed use common interest realty association in which membership is mandatory as an inci dent of ownership within the development, such as condominiums, cooperatives, homeowner associations, timeshares, lot division with restrictions in management, and other forms of common interest or planned developments wherein there is a common management.
(4.2) 'Community association management services' means the provision, for a valu able consideration, to others of management or administrative services on, irij or to the operation of the affairs of a community association, including, but not limited to, col lecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association.
(4.3) 'Community association manager' means a person who acts on behalf of a real estate broker in providing only community association management services.
(5) 'Licensee' means any person who is licensed as a community association manager, salesperson, associate broker, or broker.
(5.1) 'Ministerial acts' means those acts related to real estate brokerage activities which a licensee or a licensee's employee performs and which do not require discretion or the exercise of the licensee's own judgment.
(6) 'Person' means individuals, corporations, limited liability companies, and partner ships.

1264

JOURNAL OF THE HOUSE,

(7) 'Property management services' means the provision, for a valuable consideration, to another of marketingj including referring prospective tenants; 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. (8) 'Purchaser' means a person who acquired or attempts to acquire or succeeds to an interest in land. (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. (10) '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 Code Section 43-40-8, relating to qualifications of licensees, and inserting in lieu thereof a new Code Section 43-40-8 to read as follows:
"43-40-8.
(a) In order to qualify for a community association manager's license, an applicant must:
(1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 18 in-class hours in a community asso ciation manager's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers who provide community association management services and community association managers after completing the requirements of paragraph (4) of this subsection. teKb) In order to qualify for a salesperson's license, an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 75 in-class hours in a salesperson's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. fb)(c) In order to qualify for a broker or associate broker's license, an applicant must: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a liecnacd salesperson licensee, provided that if licensed as a community association manager, the licensee must also furnish evidence of completion of at least 75 in-class hours in a salesperson's course or courses of study approved by the commission and stand and pass a real estate examination

WEDNESDAY, FEBRUARY 21, 1996

1265

administered by or approved by the commission covering generally the matters con fronting real estate brokers and salespersons after completing the aforementioned 75 in-class hours in an approved salesperson's course or courses of study; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after com pleting the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Failure to meet any of the these requirements shall be grounds for denial of license without a hearing. {e}(d) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 25 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The commission, in its discretion, may approve an examination prepared by and adminis tered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commis sion. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner: (1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and:
(A) Has not completed all in-class sessions, required exercises, or examinations; (B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or (C) Has not completed the course or the examination due to cancellation of the course by the approved school may reinstate the license by completing the course within six months of the lapsing of the license.
(2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examina tion as required in subsection {a} (b) of this Code section and must complete 25 in-class hours of instruction approved by the commission before making application to reinstate such license.
{dKe) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education must total at least six hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met.
{e}(f) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commis sion may require.
{f-Hg) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter.
{ffHh) The commission may prepare and distribute to licensees under this chapter edu cational material deemed of assistance in the conduct of their business.

1266

JOURNAL OF THE HOUSE,

The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offer ing of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction."
SECTION 5. Said title is further amended by striking in its entirety subsection (e) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a 'licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such bro ker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:
4t}(A) For procedures to be followed in the event of the out-of-state broker's per forming any of the acts of a broker on real property located in Georgia; {3)(B) How the brokers will divide any earned commissions; {8KQ That any listing or property management agreement for Georgia real prop erty in which the out-of-state broker will participate shall be in the name of the Georgia broker; {4)(D) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker; 4&KE) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker; {6XF) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission^ that said contract, agreement, or offer shall be construed under Georgia law;; and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer; ffl(G) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Geor gia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and {8)(H) Such other matters as the commission may require by rule and regulation. (2) Notwithstanding any other provision of this Code section, the commission in its discretion may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage busi ness in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees."
SECTION 6. 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

WEDNESDAY, FEBRUARY 21, 1996

1267

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. When renewing a license, a broker must complete a form prescribed by the commission regarding the status of such broker's trust account or accounts and any trust account or accounts that the broker allows affiliated licensees to maintain. 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 obviate 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. The commission, through its rules and reg ulations, may establish standards for the filing of applications and fees by electronic means or by courier services.
(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 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 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 applicant 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) (1 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} (e) 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

1268

JOURNAL OF THE HOUSE,

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 {eD (e) 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 36; 1086, 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 en inactive status prior te JeJy i; 1086, shall remain subject te the conditions for reactivating their licenses wfeieh we*e effect at the time they pteeed their licenses -en inactive status. However,
on inflCtivc siQXiis fop ft period o* live ycsrs o? longer 911flit DC ispscd, provided1 iiifltj w such licensee seeks reinstatement within te years elf placing ft license e inactive status,
at th time the license was pteeed en 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 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; aftd(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;] and (4) Submits to the commission a check that is returned unpaid. (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

WEDNESDAY, FEBRUARY 21, 1996

1269

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 7. Said title is further amended by striking in its entirety Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, and inserting in lieu thereof a new Code Section 43-40-15 to read as follows:
"43-40-15.
(a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, mem ber, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulating the sale of real estate.
(b)(l) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.
(2) Where an applicant for a community association manager's license or a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such convic tion in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate bro ker or a broker only if:
(A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or the imposi tion of any sanction permitted by this chapter. (d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license.

1270

JOURNAL OF THE HOUSE,

(e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. (f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee. (g) Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:
(1) Surrendered or voluntarily surrenders the license to the commission;
(2) Allowed or allows the license to lapse due to failure to meet educational require ments provided by law; or (3) Allowed or allows the license to lapse due to failure to pay any required fees then if such surrender or lapsing takes place after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter or its rules and regulations, but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an
order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act.' (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 aalcapcraon's, associate bro
ker's, e* broker's any license authorized by this chapter 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 any foreign country after that body has initiated
an investigation or a disciplinary process regarding such applicant's license, such sanc tion, lapsing, or surrender in itself may be a sufficient ground for refusal of a license.
Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license of an applicant for tt salesperson's, associate broker's, er broker's any license authorized by this chapter 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 investi
gation or a disciplinary process regarding such applicant's license, the commission may issue an associate broker's or a 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. (i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that convic
tion. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. The failure of a licensee to notify the commission of the
licensee's conviction within 60 days of the date of that conviction shall be grounds for automatically revoking the licensee's license prior to any hearing at the time the com mission receives evidence of that conviction. Following any such hearing held pursuant
to this subsection, the commission in its discretion may impose upon that licensee any
sanction permitted by this chapter.

WEDNESDAY, FEBRUARY 21, 1996

1271

(j) Whenever the commission revokes or suspends the license of a community associa tion manager, a salesperson, an associate broker, or a broker, then any school or instruc tor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section."
SECTION 8. Said title is further amended by striking in its entirety subsection (d) of Code Section 43-40-19, relating to change of place of business or transfer of salesperson or associate bro ker, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A salesperson or community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's or community association manager's license except as provided in subsection (c) of this Code section."
SECTION 9. Said title is further amended by striking in their fntirety subsections (c) and (h) of Code Section 43-40-20, relating to trust or escrow checking account for real estate business, and inserting in lieu thereof new subsections (c) and (h) to read as follows:
"(c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Stteh examination may be matte bien nially e* t 8eh time as the commission ay diieet apen reasonable cause. The commis sion may examine such account at any time upon reasonable cause. The commission shall examine each broker's trust account or accounts during each renewal period. In lieu of an examination of any such account or accounts by a duly authorized representative of the commission, the The commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are main tained in accordance with the provisions of this chapter and its attendant rules and regulations^ i In lieu of a* the renewal period examination by a duly authorized representative of the commissionij the commission may accept with the broker's renewal application and fee a summary of data on the broker's trust account or accounts on a form prepared by or approved by the commission if that data appears complete and includes no indication of irregularities. The commission, after initiating an authorized investigation, may require that a broker supply to it written reports on the status of the broker's designated trust account or accounts." "(h) Community association managers, salespersons, Salespersons or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained, the number of the account, and the name of the licensee who owns the account. The licensee who owns such account shall maintain such records on the account as are required by this chapter and the applicable rules and regulations for brokers in maintaining their trust accounts. The licensee who owns such account shall provide to such licensee's broker on at least a quarterly basis a written reconciliation statement comparing the licensee's total trust liability with the reconciled bank balance of the licensee's trust account."
SECTION 10. Said title is further amended by adding between Code Sections 43-40-22 and 43-40-23 a new Code Section 43-40-22.1 to read as follows:
"43-40-22.1.
(a) The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or dis burses community association funds shall at all times have current coverage under a fidelity bond or fidelity insurance.

1272

JOURNAL OF THE HOUSE,

(b) The commission shall establish through its rules and regulations the criteria that such fidelity bonds or fidelity insurance, if required, must meet. (c) Each broker shall maintain a copy of any mandatory fidelity bond or fidelity insur ance policy and a current certificate of each such bond or insurance policy showing cur rent coverage and shall provide a copy thereof to the community association. (d) If such coverage is required by commission rules and regulations, each broker shall maintain a separate fidelity bond or fidelity insurance policy for each community associ ation for which the broker provides community association management services and collects, has access to, or disburses community association funds. (e) No provision of this Code section shall be construed to prescribe whether the com munity association or the licensee shall bear the cost of the required bond or insurance."
SECTION 11. Said title is further amended by striking in its entirety Code Section 43-40-25, relating to violations by licensees, schools, and instructors, and inserting in lieu thereof a new Code Section 43-40-25 to read as follows:
"43-40-25.
(a) In accordance with the hearing procedures established for contested cases by Chap ter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or sus pend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a salesperson's license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appro priate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, includ ing, but not limited to, the following:
(1) Because of race, color, religion, sex, disability, familial status, or national origin: (A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith; (C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or (E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchas ing, selling, or renting of real estate;
(2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remit any money coming into the licensee's possession which belongs to others; (4) Commingling the money or other property of the licensee's principals with the licensee's own;

WEDNESDAY, FEBRUARY 21, 1996

1273

(5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all par ties having an interest in said funds have agreed otherwise in writing; (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction; (7) Representing or attempting to represent a real estate broker, other than the bro ker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that bro ker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent; (13) Inducing any party to a contract of sale or lease, a listing contract, an exclusive agency contract or agreement, or a management agreement to break such contract or agreement for the purpose of substituting in lieu thereof any other contract or agree ment with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner or les sor if the licensee knows that such owner has a written outstanding contract in con nection with such property granting an exclusive agency or an exclusive right to sell to another broker; (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or ten ant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title; (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage;
(17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsec tion or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions:
(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the com mission was earned and at the time of such person's death; or
(B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country;
(18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal;
(19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;
(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing

1274

JOURNAL OF THE HOUSE,

all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said trans action from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files; (21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the express written con sent of all parties to the transaction; (23) Failure of an associate broker^ e* salesperson 2 or community association manager to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate bteker er salesperson licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which consti tutes dishonest dealing; (26) Obtaining an exclusive Iisting2 or sales contractj or management agreement from any owner while knowing or having reason to believe that another broker has an exclusive listing on the property, unless the licensee has written permission from the broker having the first exclusive listing; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a com munity association board of directors; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowl
edge and consent of the broker; (30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; e*
(31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties;]
(32) Attempting to perform any act authorized b this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; or
(33) Attempting to sell, lease, or exchange the property of any member of a commu nity association to which a licensee is providing community association management services without the express written consent of that association to do so.
(b) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission, through its hearing offi cers, may consider any such prior sanctions in determining the severity of a new sanc tion which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after a hearing.
(c) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a corporation, limited liability company, or partnership or any

WEDNESDAY, FEBRUARY 21, 1996

1275

other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction. (d) Whenever a community association manager, a salesperson or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted pursuant to this chapter either with the proper dele gation of that duty or act by the broker or without the broker's authorization, the com mission may impose any sanction permitted under this chapter on the license of such community association manager, salesperson or associate broker."
SECTION 12. Said title is further amended by striking in its entirety subsection (a) of Code Section 43-40-29, relating to exemptions to operation of title, and inserting in lieu thereof a new subsection (a) to read as follows:
"(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; (7) Any person who, as owner or through another person engaged by such owner on a full-time basis, provides property management services or community association 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 or community association manage ment services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; (8.1) Any person employed on a full-time basis by a community association for the purpose of providing community association management services; (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 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 by a broker to assist in the management ef property management services on property on which the broker has a written management agreement that the broker procured from and negotiated with the owner, provided

1276

JOURNAL OF THE HOUSE,

that such individual's activities are explicitly authorized by the broker in a written agreement between the broker and the employee and provided that such 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) Receiving a lease application, a lease, or any amendment thereto, a security deposit, rental payment, or any related payment for delivery 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 executing leases or rental agreements makes e representations regarding the condition of-the property, amenities that the owner or broker may provide, or the terms ander which the property may be leased; (D) Providing; without any verbal representations as to its contents, written infor mation prepared authorized by the broker or previously cxprcaaly 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 o a property any ministerial acts that are explicitly authorized by the broker in a written agreement between the broker and the employee. Any broker utilizing the services of such an employee shell 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 property; (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 (J) The room or unit is not the permanent residence of the guest or occupant^ (12) Any person who is a member of a community association and who provides com munity association management services only to one community association of which such person is a member; or (13) Any person who performs only physical maintenance on a property."
SECTION 13. Said title is further amended by adding after Code Section 43-40-30.1 a new Code Section 43-40-30.2 to read as follows:
"43-40-30.2.

WEDNESDAY, FEBRUARY 21, 1996

1277

Any person providing community association management services as defined in para graph (4.2) of Code Section 43-40-1 must obtain any license required by this chapter by January 1, 1997. The commission may grant a broker's license to a corporation, partner ship, or limited liability company engaged solely in providing community association management services, provided that such corporation, partnership, or limited liability company designates a qualifying broker no later than July 1, 1997. In order to be granted a broker's license prior to designating a qualifying broker, such corporation, partnership, or limited liability company must first designate an officer, if a corporation; a partner, if a partnership; or a member, if a limited liability company, to sign any docu ments and applications that must be filed with the commission and to disburse trust funds from the firm's designated trust account or accounts as may be required by any contracts or agreements authorizing the firm to hold such trust funds. Any person who seeks to be the qualifying broker of a firm providing community association manage ment services and who was not previously licensed as a broker or qualifying broker must meet all of the qualifications of a broker by July 1, 1997, except that, upon proof satis factory to the commission, the commission may accept as meeting the three years of active licensure required by paragraph (4) of subsection (c) of Code Section 43-40-8 three years of experience in actively providing community association management ser vices under a written contract prior to an applicant's qualifying to take the broker's examination. This Code section shall be repealed in its entirety effective July 2, 1997.
SECTION 14. All laws and parts 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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister E Barfoot
Bargeron Y Barnard YBarnes
Bates Y Benefield YBiidsong Y Bordeaux YBostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth
Y Cliimrnings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs YEhrhart
YEpps Evans
Y Palls Felton
Y Floyd Godbee
Y Golden YGoodwin
Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard YHeckstall YHegstrom Y Hembree YHenson 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 E Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
YLane Y Lawrence YLee E Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J YMosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster YPolak Y Ponder 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 YShipp 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 YStallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery
YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

1278

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1650.

By Representatives Cummings of the 27th, Shanahan of the 10th, Pelote of the 149th, McBee of the 88th, Baker of the 70th and others:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a certain report submitted by local retirement systems to the state auditor shall be submitted every two years.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a certain report submitted by local retirement systems to the state auditor shall be submit ted every two years; to provide that such report shall contain certain information; to pro vide that the state auditor shall report certain information every two years; to provide that there shall be no limitation on the investment in equities in defined contribution retire ment plans; to define a certain term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, is amended by striking in its entirety Code Section 47-1-3, relating to the power of local retirement systems to hire an actuary and related matters, and inserting in lieu thereof the following:
"47-1-3.
(a) As used in this Code section, the term 'local retirement system' means any retire ment, pension, or emeritus system covering an employee or employees of a county, municipality, local board of education, or other political subdivision, or any groups or classifications of such employees which is funded at least in part by such political subdi visions. (b) The board of trustees or other governing authority of each local retirement system is authorized and directed to designate and retain the services of a qualified actuary to provide technical advice and assistance to the board of trustees or governing authority in the management of the retirement system and in the preparation of surveys or reports required under this Code section. (c) Any political subdivision maintaining a local retirement system for an employee or employees or for classifications of employees is authorized to expend any public funds available to it to pay any portion of the administrative costs of the retirement system, if the funds available to the retirement system are not adequate to pay the administra tive costs, notwithstanding any contrary provisions of any laws relative to such local retirement system. (d) Once every three two years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investiga tion. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, with drawal, and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial

WEDNESDAY, FEBRUARY 21, 1996

1279

investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments nec essary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on Jaly 1; 1082 October 1^ 1996, and every three two years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word 'insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this sub section or financial reports under this Code section. In lieu of such actuarial investiga tions and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every three two years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (e) through (j) of this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investi gations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection. (e) The board of trustees or other governing authority of each local retirement system shall file a financial report on such local retirement system with the state auditor at the same time each actuarial investigation is filed with the state auditor as provided by sub section (d) of this Code section. (f) The financial report shall include, for each of the three two fiscal years covered by the report, the following information:
(1) The receipts of the local retirement system, including member contributions, employer contributions, any other contributions, investment income, gains from the sale of the system's assets, and any other receipts from whatever source derived; and
(2) The disbursements of the local retirement system, including benefit payments to retirees or beneficiaries, refunds to members, losses from the sale of the system's assets, and administrative expenses of the systerriT; and
(3) The certificate of the chairperson of the board of trustees that the investment practices of the fund have been in compliance with the provisions of subsection (a) of Code Section 47-1-12 at all times during the reporting period or, if the practices have at any time been out of compliance with such provisions, shall provide a descrip tion of the noncompliance, the reason for the noncompliance, and the corrective action taken.
(g) The financial report shall also include statistics on the membership and beneficiaries of the local retirement system. There shall be attached to the financial report an exhibit showing all amendments to or changes in the local retirement system which have been made since the filing of the previous actuarial investigation under subsection (d) of this Code section.
(h) The first financial report shall be filed on JvAy *r 4983 October 1^ 1996, and subse quent reports shall be filed every three two years thereafter on Wy October 1.

1280

JOURNAL OF THE HOUSE,

(i) The financial reports, the actuarial investigations, and all exhibits thereto and modi fications thereof shall be a matter of public record open to inspection by the public, (j) The financial reports required by this Code section shall apply to retirement or pen sion programs established pursuant to an insurance contract, as described by subsection (d) of this Code section."
SECTION 2. Said article is further amended by striking in its entirety Code Section 47-1-4, relating to a report by the state auditor on the condition of local retirement systems, and inserting in lieu thereof the following:
"47-1-4.
Based on the most recent actuarial investigations on file pursuant to subsection (d) of Code Section 47-1-3 and financial reports submitted under subsections (e) through (j) of Code Section 47-1-3, the state auditor, once every tfe-ee two years beginning on Janu ary 1, 1083 1997, shall submit a report on the condition of local retirement systems to the Governor and each member of the General Assembly. The report shall deal specifi cally with any local retirement system which the state auditor has reason to believe is not in actuarially sound condition or has not been in compliance with the provisions of Code Section 47-1-12. A copy of the state auditor's report shall also be sent to the Attor ney General and to the applicable governing authority of the political subdivision and the applicable board of trustees or other governing authority of the local retirement sys tem which the state auditor finds is not in actuarially sound condition or has not been in compliance with the provisions of subsection (a) of Code Section 47-1-12."
SECTION 3. Said article is further amended by striking in its entirety Code Section 47-1-12, relating to investment and reinvestment of local retirement systems, and inserting in lieu thereof the following:
"47-1-12.
(a) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system established or maintained under Article IX, Section II of the Constitution of Georgia shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retire ment system, provided that, except as provided in subsection subsections (b) and (c) of this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments; provided, further, that, except as provided in subsection (b) of this Code section, the board of trustees shall not invest more than 50 percent of retirement system assets in equities. (b) Nothing in subsection (a) of this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law.
(c)(l) As used in this subsection, the term 'defined contribution plan' means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account: any income, expenses, gains, and losses; and any forfeiture of accounts of other participants which may be allocated to such participant's account, which plan is intended to be qualified under Section 401(a) of the Internal Revenue Code, 42 U.S.C. Section 401(a). (2) There shall be no restriction on the board of trustees of a local retirement system which offers only a defined contribution plan relating to the percentage of investment in equities: provided, however, that all other restrictions provided in subsection (a) of this subsection shall apply to such local retirement systems."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 21, 1996

1281

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 Alien Y Anderaon
YAshe Y Bailey Y Baker Y Bannister EBarfoot
Bargeron Y Barnard YBarnes
Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChanneU Y Childers YCoker
Coleman, B Y Coleman, T Y Connell 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 Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls
Felton Y Floyd YGodbee Y Golden YGoodwin
Greene Y Grindley
Manner Y Harbin Y Harris Y Heard YHeckstall Y Hegstrom Y Hembree YHennon Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson
Jenkins Y Johnson, G
Johnson, J Y Johnston
E Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee E Lewis Y Lifsey YLord
Lucas Maddox YMann Martin YMcBee McCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y PoweU 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

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 YTeague Y Teper Y Thomas YTillman Y Titus Y Towery YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles
Williams, B Williams, J Y Williams, R Y Woods YYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1627.

By Representatives Baker of the 70th, Chambless of the 163rd, Reichert of the 126th and Bostick of the 165th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide for limited liability limited partnerships with regard to definitions, naming, amending certificates of limited partner ship, notice and dissolution.

The following Committee substitute was read and adopted:

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide for limited liability limited partnerships with regard to definitions, naming, applicability of Chapter 9 of such title, amending certificates of limited partnership, notice, and dissolution; to provide for the effective date and time of existence, amendment of certificate, merger, and cancellation; to provide for execution of certificates of merger; to repeal a provision requiring survival of a domestic corporation in a merger with a domestic limited partnership; to provide for determination of the liabilities of each general

1282

JOURNAL OF THE HOUSE,

partner of a limited liability limited partnership; to provide for distribution upon with drawal of a partner; to provide for fees for filing certain amendments; 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 14 of the Official Code of Georgia Annotated, relating to corporations, is amended by striking in their entirety paragraphs (5) and (6.1) of Code Section 14-8-2, relating to definitions relative to partnerships, and inserting in lieu thereof the following:
"(5) 'Foreign limited liability partnership' means a any limited liability partnershipi and any limited liability limited partnership formed under the laws of a jurisdiction other than this state." "(6.1) 'Limited liability partnership' means a any partnership formed pursuant te an agreement governed by the Jaws ef this state chapter, and any limited partnership that either is organized under Chapter 9 of this title or has elected to be subject to the provisions of Chapter 9 of this title pursuant to subsection (b) of Code Section 14-9-1201, that has become a limited liability partnership under Code Section 14-8-62 and that complies with Code Section 14-8-63."
SECTION 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 14-8-48, relating to the name of a foreign limited liability partnership, and inserting in lieu thereof the following:
"(1) Must contain the words 'limited liability partnership' or 'limited liability limited partnership' (it being permitted to abbreviate the word 'limited' as 'ltd.') or the abbre viation 'L.L.P.' or 'L.L.L.P.' or the designation LLP or LLLP;"
SECTION 3. Said title is further amended by inserting in Code Section 14-8-62, relating to limited lia bility partnership elections, a new subsection to be designated subsection (g) to read as follows:
"(g) To become and to continue as a limited liability partnership, a limited partnership organized under or subject to Chapter 9 of this title shall amend its certificate of limited partnership so that its name complies with subsection (b) of Code Section 14-8-63 and otherwise complies with the name requirements of Code Section 14-9-102 and so that the certificate of limited partnership contains a statement that the limited partnership is a limited liability partnership. Subject to any contrary agreement among the partners, such amendment shall be approved by all of the partners. A limited partnership becomes a limited liability partnership at the time such amendment becomes effective and continues to be a limited liability partnership until its certificate of limited partner ship is amended to remove the statement that such limited partnership is a limited lia bility partnership and so that its name no longer contains the words "limited liability limited partnership," or the abbreviation "L.L.L.P.," or the designation "LLLP." The fact that the certificate of limited partnership of a limited partnership has been amended as set forth in this subsection is notice that the limited partnership is a limited liability partnership. If a limited partnership that is a limited liability partnership is dis solved and its business continued without liquidation of the limited partnership's affairs, the new limited partnership shall continue to be a limited liability partnership until its certificate of limited partnership is amended as provided herein. A limited partnership that becomes a limited liability partnership pursuant to this subsection shall otherwise remain subject to Chapter 9 of this title, including, without limitation, the annual regis tration provisions of Code Section 14-9-206.5."
SECTION 4. Said title is further amended by striking in its entirety Code Section 14-8-63, relating to the name of a limited liability partnership, and inserting in lieu thereof the following:
"14-8-63.

WEDNESDAY, FEBRUARY 21, 1996

1283

(a) Except as provided in subsection (b) of this Code section, the 3%e name of a limited liability partnership shall contain the words 'limited liability partnership,' it being per mitted to abbreviate the word 'limited' as 'ltd.,' or the abbreviation 'L.L.P.' or the desig nation 'LLP' as the last words or letters of its name. (b) The name of a limited partnership that is a limited liability partnership shall con tain the words 'limited liability limited partnership,' it being permitted to abbreviate the word 'limited' as 'ltd.,' or the abbreviation "L.L.L.P." or the designation 'LLLP' as the last words or letters of its name."
SECTION 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-9-201, relating to certificates of limited partnership, and inserting in lieu thereof the following:
"(b) A limited partnership exists from the time of the filing of the certificate of limited partnership in the office of the Secretary of State or at any from a later time or later time and date, not to exceed 90 days from the date of filing, specified in the certificate of limited partnership^ to the time of cancellation pursuant to subsection (c) of Code Section 14-9-206."
SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-9-202, relating to amendment of certificates, and inserting in lieu thereof the following:
"(a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate must set forth:
(1) The name of the limited partnership; (2) The date of filing the certificate; ad(3) The amendment to the certificate; and (4) If the amendment is to become effective later than the time of filing, the effective date, or effective time and date, which may not be later than 90 days after the filing date of the amendment."
SECTION 7. Said title is further amended by striking in its entirety Code Section 14-9-203, relating to certificates of cancellation, and inserting in its place the following:
"14-9-203.
A certificate of cancellation may be filed in the office of the Secretary of State when all debts, liabilities, and obligations of the limited partnership have been paid and dis charged or reasonably adequate provision therefor has been made, and all of the remain ing property and assets of the limited partnership have been distributed to the partners, or when there are no limited partners. Such certificate shall set forth:
(1) The name of the limited partnership; (2) The date of filing of its certificate of limited partnership; (3) The basis permitted by this Code section for filing the certificate of cancellation; (4) If the cancellation is to become effective later than the date of filing, the The effective date of cancellation or effective time and date, which may not be later than 90 days after the filing date of the cancellation which must be date certain unless it is effective ttpen the filing ef the certificate; and (5) Any other information determined to be necessary by the general partners filing the certificate."
SECTION 8. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-9-204, relating to execution of certificates, and inserting in its place the following:
"(a) Each certificate required by this article to be filed in the office of the Secretary of State must be executed, in such form as may be prescribed by the Secretary of State, in the following manner:
(1) An original certificate of limited partnership must be signed by all general part ners;

1284

JOURNAL OF THE HOUSE,

(2) A certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner; (3) A certificate of cancellation must be signed by all general partners; and (4) A certificate of merger must be executed by at least one general partner of each ef- the constituent domestic er foreign any surviving limited partnerships partnership."
SECTION 9. Said title is further amended by striking in their entirety subsections (b), (c), and (d) of Code Section 14-9-206, relating to filing with the Secretary of State, and inserting in lieu thereof the following:
"(b) Upon the later of the filing of a certificate of amendment pursuant to this Code section or the effective time, or effective date and time, of the amendment pursuant to paragraph (4) of subsection (a) of Code Section 14-9-202, or upon the recording pursuant to Code Section 14-9-205 of a certificate of amendment, the certificate of limited part nership is amended as set forth in the certificate of amendment. (c) Upon the later of the filing of a certificate of cancellation pursuant to this Code sec tion or ef the effective time or the effective date and time of the cancellation pursuant to paragraph (4) of Code Section 14-9-203, or upon the recording pursuant to Code Sec tion 14-9-205 of a certificate of cancellation, the certificate of limited partnership is can celed. (d) Upon the later of the filing of a certificate of merger pursuant to this Code section or ef- the effective time or the effective date and time pursuant to paragraph (4) of sub section (b) of Code Section 14-9-206.1 of a certificate of merger, or upon the recording pursuant to Code Section 14-9-205 of a certificate of merger, the constituent partner ships entities named in the certificate are merged."
SECTION 10. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 14-9-206.1, relating to merger, and inserting in lieu thereof the following:
"(a) Pursuant to a written agreement, a domestic limited partnership may merge with one or more domestic or foreign limited partnerships, limited liability companies, or cor porations. The agreement shall designate the surviving domestic or foreign limited part nership, domestic or foreign limited liability company, or domestic or foreign corporation* provided, nowevcr, tntit ~Hi &ny HICF^JCF of "ft domestic limited p&rtncpniip with domestic corporation, the domestic corporation must survive. The agreement of merger may also set forth:
(1) The terms and conditions of the merger; (2) The manner and basis of converting the interests in the constituent domestic or foreign limited partnerships, domestic or foreign limited liability companies, or domes tic or foreign corporations into interests in the surviving domestic or foreign limited partnership, domestic or foreign limited liability company, or domestic or foreign cor poration or, in whole or in part, into cash or other property; and (3) The rights and, subject to Code Section 14-9-502, obligations of the partners of the surviving domestic limited partnership. (b) The surviving entity shall file a certificate of merger with the Secretary of State on behalf of each domestic limited partnership that is a party to the merger. The certificate shall state: (1) The name and state of domicile of each of the constituent entities; (2) That an agreement of merger has been approved by the requisite action by each of the constituent entities; (3) The name and state of domicile of the surviving partnership, limited liability com pany, or corporation; (4) If the merger is to become effective later than the time of filing of the certificate of merger, the The effective date or the effective time and date; of the merger, which may not be later than 90 days after the filing which shall fee ft date er time certain, of tile mcF^fcr n not eiiectivc on trie dflte of tiling of trie ccptiiicfltc of iiiG/gCPj (5) If the surviving entity is a foreign limited partnership, foreign corporation, or for eign limited liability company without a certificate of authority to do business in this

WEDNESDAY, FEBRUARY 21, 1996

1285

state, that the Secretary of State is appointed agent of the surviving limited partner ship, foreign corporation, or foreign limited liability company on whom process in this state in any action, suit, or proceeding for the enforcement of an obligation of a domestic limited partnership constituent to the merger may be served and the address to which a copy of the process is to be mailed. If the surviving entity is a domestic or foreign limited liability company, it shall also comply with the filing requirements of the laws of the state of its formation governing limited liability companies. If the surviving entity is a domestic or foreign corporation, it shall also comply with the filing requirements of the laws of the state of its incorpora tion governing corporations."

SECTION 11. Said title is further amended by inserting in Code Section 14-9-403, relating to rights, powers, and liabilities, a new subsection to be designated subsection (c) to read as follows:
"(c) If a limited partnership is a limited liability partnership under Chapter 8 of this title, then, except as otherwise provided in this chapter or in the partnership agreement, the liabilities of each general partner of such limited partnership shall be determined by reference to the provisions of Chapter 8 of this title regarding limited liability part nerships."

SECTION 12. Said title is further amended by striking in its entirety Code Section 14-9-604, relating to distribution upon withdrawal, and inserting in lieu thereof the following:
"14-9-604.
Subject to contrary provision in the partnership agreement, a withdrawing partner is entitled to receive, within a reasonable time after withdrawal, the fair value ef his interest i the limited partnership as of the date of withdrawal of the interest in the limited partnership with respect to which the withdrawal has occurred."

SECTION 13. Said title is further amended by striking in its entirety paragraph (3) of Code Section 14-9-801, relating to events triggering dissolution, and inserting in its place the following:
"(3) An event of withdrawal of a general partner unless: (A) There remains at least one other general partner and the written provisions of the partnership agreement permit the business of the limited partnership to be car ried on by the remaining general partner or general partners alone or together with new general partners, and that partner or those general partners do so; or (B) Within 90 days after the withdrawal, all partners other than the general partner with respect to which the event of withdrawal has occurred (or such teaser number ef partners as is are provided for in the written provisions of the partnership agree ment) agree in writing to continue the business of the limited partnership and, if there is no remaining general partner, to the appointment, effective as of the date of withdrawal, of one or more new general partners; or".

SECTION 14. Said title is further amended by striking in its entirety Code Section 14-9-1101, relating to fees, and inserting in lieu thereof the following:
"14-9-1101. The Secretary of State shall charge and collect for:

(1) Filing a certificate of limited partnership............................................... (2) Filing a registration of a foreign limited partnership............................ (3) Filing an annual registration..................................................................... (4) Agent's statement of resignation.............................................................. (5) Statement of change of address of registered agent or registered office...$5.00 per limited partnership but not less than............................... (6) Filing of an amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership.............................

$ 60.00 170.00 15.00 No fee
20.00
100.00

1286

JOURNAL OF THE HOUSE,

{6K7) Filing any other document required or permitted pursuant to this chapter.........................................................................................................
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

20.00"

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 Alien Y Andereon YAshe
Y Bailey Y Baker Y Bannister EBarfoot
Bargeron
Y Barnard YBarnes
Bates Benefield Birdsong Y Bordeaux
YBostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Cornell 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 YEhrhart
YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree YHenson Y Holland
Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G
Johnson, J Y Johnston
Jones E Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee E Lewis
Y Lifsey YLord
Lucas Maddox YMann Martin YMcBee McCall Y McClinton McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller
Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y SherriU
YShipp 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 YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague NTeper Y Thomas YTiUman Y Titus
Y Towery Y Trense Y Tumquest YTwiggs Y Walker, L
Y Walker, R.L Y WaU
Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B
Williams, J Y Williams, R
Y Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1368. By Representatives Sinkfield of the 57th, Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to compensation and reimbursement of members and officers of the General Assembly, so as to change provisions relating to reimburse ment of transportation costs for air travel.

The following Committee substitute was read:
A BILL To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to com pensation and reimbursement of members and officers of the General Assembly, and Code

WEDNESDAY, FEBRUARY 21, 1996

1287

Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of cer tain officials, so as to change provisions relating to compensation of members of the Gen eral Assembly; to change provisions relating to reimbursement of transportation costs for air travel; to provide conditions under which reimbursement shall not be limited to amounts provided for in the state-wide contract for airline travel; to provide for state ments by members receiving such reimbursement; to change provisions relating to reim bursement for per diem differential; 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 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and reimbursement of members and officers of the General Assembly, is amended by strik ing paragraph (3) of subsection (b) and inserting in its place a new paragraph to read as follows:
"(3) Notwithstanding any other provision of this subsection to the contrary, reim bursement of authorized transportation costs incurred by a member of the General Assembly for air travel within er without inside or outside the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this par agraph, the term 'state-wide contract' means the state-wide contract for airline travel incorporated in the state travel regulations established by the Department of Audits and Accounts and the Office of Planning and Budget. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the state-wide con tract efj if no state-wide contract is in effectj if the contracted flight is other than a non-stop flight and the contracted flight would cause the member undue hardship or would conflict with the member's schedule, or if passage under a state-wide contract is otherwise not reasonably available. When reimbursement is requested for an amount in excess of the amount provided in the state-wide contract, the member shall sign a statement indicating which of the foregoing exceptions applies."

SECTION 2. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain officials, is amended by striking paragraph (22) of subsection (a) and inserting in its place a new paragraph to read as follows:

"(22) Each member of the General Assembly...........................................

10,000.00

employees of the executive, judicial, and legislative branches of government receive a cost-of-living increase of a certain percentage, the members of the General Assembly shall receive a cost-of-living increase of one-half the percentage applicable to such state employ ees. (B) 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 pro visions of Code Section 28-1-8 shall be $75.00. The mileage allow ance for the use of a personal car on official business shall be the same as that received by other state officials and employees. (C) In addition to any other compensation and allowances autho rized for members of the General Assembly, each member shall may be reimbursed for per diem differential and 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. Pef th purposes ef this paragraph, yea* shall DGin on vn& convening dfltc of tiic Ocncp&l Asscffttjiy HI vsgul&r ocsaion eae-h yea* and esd n the day fttet te the convening f 4h General Aoscmbly i the nest calendar year: Expenses reimburs able up to such amount shall be limited to one or more of the fol-

1288

JOURNAL OF THE HOUSE,

lowing purposes: lodging, meals, per diem differential, postage, per sonal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, and leasing of equipment. No reimbursement shall be made for any postage which is used for a political newsletter. 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. Such expenses shall be reimbursed upon the submission of sworn vouch ers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing pay ment for each expense claimed or an explanation of the absence of such documentation. No sworn voucher or supporting document shall be required for ger diem differential. No per diem differential shall be reimbursed under this subparagraph (C) until and unless the member has exhausted all reimbursement for per diem differ ential which may be claimed under subparagraph (D) of this para graph.
(D) In addition to reimbursement for actual expenses incurred as provided in subparagraph (C) of this paragraph, each member shall upon his or her claim be entitled to receive an allowance of per diem differential for ug to 50 days per year for which the member received the daily expense allowance. In any year in which there is held any special session of the General Assembly, the number of days for which per diem differential may be claimed under this subparagraph (D) shall be increased by the number of days in such special session.
(E) The amount of per diem differential which may be claimed for each day under subparagraph (C) or (D) of this paragraph shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00; provided, however, that the general appropriations Act for any fiscal year may increase such amount of $119.00 per day to an amount not in excess of the federal per diem rate then in effect for the state capital 5 speci fied by the General Services Administration. 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 mem ber 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.
(F) 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. Any voucher or claim for any expense incurred * reimbursement for 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 or claim submitted after that date. Any amounts remaining in saeh any 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. Ne reimbursement shall be paid- for lodging Of ZDGflxS tGt ftfty Qfly tor wriic.fi ft mciuucr receives tiic fl&iiy expense allowance as provided this paragraph. Any former mem
ber of the General Assembly may be reimbursed for expenses
incurred while a member of the General Assembly upon compliance

WEDNESDAY, FEBRUARY 21, 1996

1289

with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher or claim which must be submitted to the legislative fiscal office. 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 reimbursement or payment which was made in error shall be realized. J addition te seh reimbursement fer

UpOH ntfl Oi? ftdf Cl&lRi DC CMtitled T PCCC1VC ftft Q.11OWQI1C6 Or pCF
client oittcFH11ELI tor up to ou uflys per ycflr tor wnicn trie meIDDC? fcccivcd the daily expense allowance. The amount ef- per diem dtffcfcntial which may be claimed fer each seh day shall be the dif-
Dotween tftc uftiiy expense ft1lowflncc QUtiiOPtzed ior mcm~
f^f nprnl AnoprnVilv ATiH ittl 1 0 00 "Pnr
shall be paid by the legislative fiscal office te the member pe the member's notification te the legislative fiscal office ef the days for which the daily expense allowance was received fer which the mem ber wishes te etetm the per diem differential, a*d the legislative fiscal effiee shaH beep a feee*d ef tiie days fer which per diem dif-
l 19 9O ClflimCQ &Hu pflKl,
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that the amount of the daily expense allowance shall remain $59.00 until the convening date of the 1997 regular session of the General Assem bly; and on and after such date the amount of the daily expense allowance shall be $75.00.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Sinkfield of the 57th moves to amend the Committee substitute to HB 1368 as follows:
On page 2 line 2 delete the word "and" and insert "," in its place.

Representative Parsons of the 40th moves to amend the Committee substitute to HB 1368 by striking line 13 of page 1 and inserting in lieu thereof the following:
"to reimbursement for per diem differential; to provide for a maximum amount of reim bursement of certain equipment purchases; to provide for reimbursement for leasing of certain equipment; to provide for depreciated equipment; to provide for".
By striking line 15 of page 3 and inserting in lieu thereof the following:
"utilities, purchasing or leasing of equipment under $500.00, and leasing of equip ment which would cost over $500.00 to purchase. If equipment purchased by a

1290

JOURNAL OF THE HOUSE,

member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No".
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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister
EBarfoot Bargeron
Y Barnard NBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush
YBuck Y Buckner YBunn
Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChannell Y ChUders Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews
Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay
Y DeLoach, B DeLoach, G
YDix Y Dixon, H Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans E Falls
Pel ton
Y Floyd Godbee
Y Golden YGoodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris
Heard Y Heckstall Y Hegstrom Y Hembree YHenson 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 E Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence
YLee E Lewis Y Lifsey YLord Y Lucas Y Maddox YMann
Martin Y McBee
McCall McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster YPolak Y Ponder 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 Scoggins Y Shanahan YShaw Y Sherrill
YShipp 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 YStallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
YTeague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmorland YWhitaker 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 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Falls of the 125th stated that she would like to be recorded as voting "aye" on the preceding roll call.

HB 1382.

By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to developing and prescribing electronic data pro cessing systems.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 21, 1996

1291

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister EBarfoot
Bargeron Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner
YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carter Y Chambless Y ChanneU Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls
Felton Floyd
Godbee Y Golden YGoodwin
Greene Y Grindley Y Manner Y Harbin Y Harris
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 E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
YLane Y Lawrence
YLee E Lewis
Y Lifsey YLord Y 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 YParham

Y Parrish Y Parsons Y Pelote
Y Perry
Y Pinholster Y Polak Y Ponder Y Porter
Y Poston Y Powell Y PurceU, A Y PurceU, B YRandall Y Randolph
YRay Y Reaves
Y Reichert Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y SherrUl 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 YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas YTUlman Y Titus Y Towery
YTrense Turnquest
YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 547. By Senator Middleton of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the term of court for Dawson County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister EBarfoot
Bargeron Y Barnard YBaroes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D

Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carter Y Chambless Y ChanneU Y Childers Y Coker Y Coleman, B Y Coleman, T

Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans

Y Falls Felton
Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris
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 E Joyce YKaye Y Kinnamon Y Klein
YLadd

1292

JOURNAL OF THE HOUSE,

YLakly YLane Y Lawrence YLee E Lewis YLifsey YLord Y Lucas Y Maddox YMann
Martin YMcBee
McCall McClinton McKinney
Y Mobley, B Y Mobley, J Y Mosley

Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder
Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph YRay

Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanaban YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P

Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling
Snow
Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas YTiUman 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 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following communication was received:

House of Representatives Legislative Office Building, Room 504
Atlanta, Georgia 30334

Mr. Robert E. Rivers Clerk of the Georgia House of Representatives Room 309 - State Capitol Atlanta, Georgia 30334

Dear Mr. Rivers:

On Wednesday, February 21st, it was necessary for me to leave the House Chambers before the Rules Calendar was completed for that day. I had an important meeting with local officials in Bartow county at 4:00 p.m. that afternoon. As a result, I was excused from voting on the remaining bills on the Calendar for that day. This letter is to express my intentions on how I would have voted on the following bills:

HB 1504

Yes Because this bill is very important to Cartersville, and Bartow County as it relates to the Etowah River.

I would also vote yes on the following bills:

HB 1293 HB 1368 HB 1382

HB 1525 HB 1591 HB 1627

HB 1650 HR 931 SB 547

SB 641

Please include this letter in the House Journals as it may indicate my intentions.

Sincerely,

/s/ Jeff Lewis State Representative

JL:le

The following Resolutions of the House, were read and referred to the Committee on Rules:

WEDNESDAY, FEBRUARY 21, 1996

1293

HR 1088.

By Representatives Connell of the 115th and Murphy of the 18th:
A resolution honoring Ted Turner, Stan Hasten, Bobby Cox, John Schuerholz, and the Atlanta Braves baseball team and inviting them to appear before the House of Representatives.

HR 1089. By Representatives Ray of the 128th and James of the 140th:
A resolution commending the Georgia Peach Festival and inviting Ms. Susan Jordan to appear before the House of Representatives.

Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 602 Do Pass HB 1190 Do Pass

HR 56 Do Pass SB 513 Do Pass

Respectfully submitted, Is./ Parrish of the 144th
Vice-Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1648 Do Pass HB 1655 Do Pass, by Substitute SB 495 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
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 678 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

1294

JOURNAL OF THE HOUSE,

Pursuant to HR 1051, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 26, 1996.

MONDAY, FEBRUARY 26, 1996

1295

Representative Hall, Atlanta, Georgia Monday, February 26, 1996

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe
Bannister Barfoot Bargeron Barnard Barnes Benefield Birdsong Bostick
Brooks, D Brooks, T Brown, J Buckner Bunn Byrd CampbeU Carter Chambless Channell Guilders Coker Coleman, B Connell Crawford Crews Culbreth Cummings Davis, G Davis, M

Day DeLoach, B
DeLoach, G
Dbt
Diion, H
Dobbs Ehrhart Epps Evans Falls Felton Godbee Goodwin
Greene Hanner Harbin
Harris Heard Heckstall Hegstrom Hembree Henson Holland Hobnes Howard Hudson Hugley Jenkins Johnson, G

Johnson, J Johnston Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lord Lucas Maddox Mann Martin
McBee
McClinton
McKinney Mills
Mobley, J
Mosley
Mueller
O'Neal Parham
Parrish
Parsons
Pelote

Perry Pinholster Ponder Poston Purcell, A Purcell, B Randall Randolph Reichert Robeits Rogers Royal Sanders Sauder Shanahan Shipp
Simpson
Sinkfield
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 Stanley, P Stephenson Streat Taylor Teague Teper Thomas Titus Towery Trense Turnquest Twiggs Walker, L
Walker, R.L
Wall
Watson
Watts
Westmorland
Whitaker
White
Wiles
Williams, B
Williams, J
Williams, R
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Coleman of the 142nd, Tillman of the 173rd, Anderson of the 116th, Bates of the 179th, Golden of the 177th, Sherrill of the 62nd, Shaw of the 176th, Scoggins of the 24th, McCall of the 90th, James of the 140th, Ray of the 128th, Floyd of the 138th, Buck of the 135th, Jamieson of the 22nd, Grindley of the 35th, Yates of the 106th, Mobley of the 69th, Bailey of the 93rd, Lifsey of the 6th, Breedlove of the 85th, Polak of the 67th, Powell of the 23rd, Smyre of the 136th, Reaves of the 178th, Bordeaux of the 151st, Orrock of the 56th, Jones of the 71st, Alien of the 117th, Baker of the 70th and Canty of the 52nd.
They wish to be recorded as present.

Prayer was offered by Dr. Bob Lupton, FCS Urban Ministries, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

1296

JOURNAL OF THE HOUSE,

Pursuant to Rule 58, Representative Johnston of the 81st served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Committee on University System of Georgia to report the following Bill and Resolution
back to the House:

HB 1260.

By Representatives Johnston of the 81st, Joyce of the 1st, Lifsey of the 6th and Lakly of the 105th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to provide for rules, regula tions, and policies for units of the University System of Georgia to ensure that annually all qualified applicants for admission who are Georgia residents shall be admitted as students or offered admission before any nonresident applicants are admitted.

HR 788. By Representatives Johnston of the 81st, Joyce of the 1st, Lifsey of the 6th and Lakly of the 105th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that annually all qualified applicants who are Georgia residents shall be offered admission or admitted as students to units of the University System of Georgia before nonresidents are offered admission or are admitted as students.

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 1786. By Representatives Heard of the 89th, McBee of the 88th and Scoggins of the 24th:
A bill to amend Code Section 33-24-27 of the Official Code of Georgia Anno tated, relating to reimbursement for services within the scope of practice of psychologists or chiropractors, so as to provide for reimbursement for services within the scope of practice of athletic trainers.
Referred to the Committee on Insurance.

HB 1787. By Representatives Purcell of the 9th, Birdsong of the 123rd and Smith of the 175th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard.
Referred to the Committee on University System of Georgia.

MONDAY, FEBRUARY 26, 1996

1297

HB 1788. By Representatives Hanner of the 159th and Baker of the 70th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to pro vide the Board of Natural Resources with authority to promulgate regula tions governing the discharge of pollutants into waters of the state.
Referred to the Committee on Natural Resources & Environment.

HB 1790. By Representative Purcell of the 9th:
A bill to provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether animal control regula tions should be established and an animal control department created.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1791. By Representative Chambless of the 163rd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abortion and sterilization procedures.
Referred to the Committee on Judiciary.

HB 1792. By Representative Smith of the 169th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the manner of disposing of certain prop erty or interests therein which were acquired by any county or municipality for lake purposes but which property or interests are no longer needed for such purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1793. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, so as to provide that the office of judge of the State Court of Baldwin County shall be a part-time position.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1085. By Representative James of the 140th: A resolution designating the Carl Savage Peaster, Sr., Highway.
Referred to the Committee on Transportation.

HR 1086. By Representative Wiles of the 34th:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

1298

JOURNAL OF THE HOUSE,

HR 1087. By Representatives Bannister of the 77th, Lane of the 146th, Kinnamon of the 4th, Mann of the 5th and Johnson of the 97th:
A resolution creating the House Study Committee on Workers' Compensation Territorial Rates.
Referred to the Committee on Rules.

HR 1090. By Representatives McClinton of the 68th, Coleman of the 142nd, Mobley of the 69th, Randolph of the 72nd, Sinkfield of the 57th and others:
A resolution creating the House Homelessness Study Committee.
Referred to the Committee on Rules.

HR 1091. By Representatives Chambless of the 163rd, Murphy of the 18th, Lee of the 94th, Walker of the 141st and Coleman of the 142nd:
A resolution creating the Commission on the Appellate Courts of Georgia.
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 1803. By Representatives Sherrill of the 62nd, Murphy of the 18th, Smith of the 175th, Golden of the 177th and Hugley of the 133rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create a program for encouraging, receiving, evaluating, implementing, and rewarding suggestions for increasing the effi ciency and economy of the operation of state government.
Referred to the Committee on State Planning & Community Affairs.

HB 1804. By Representative Murphy of the 18th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to authorize the Department of Medical Assistance to contract with provider sponsored net works for the provision of health care services to recipients of medical assist ance.
Referred to the Committee on Appropriations.

HB 1805. By Representatives Lane of the 146th, Williams of the 114th and Kinnamon of the 4th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to establish a group self-insur ance fund insolvency pool.
Referred to the Committee on Industrial Relations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1759 HB 1760

HB 1761 HB 1762

MONDAY, FEBRUARY 26, 1996

1299

HB 1763 HB 1764 HB 1765 HB 1766 HB 1767 HB 1768 HB 1769 HB 1770 HB 1771 HB 1772 HB 1773 HB 1774 HB 1775 HB 1776 HB 1777 HB 1778 HB 1779 HB 1780 HB 1781

HB 1782 HB 1783 HB 1784 HB 1785 HB 1789 HR 1072 HR 1073 HR 1074 SB 169 SB 593 SB 616 SB 658 SB 659 SB 670 SB 682 SR 457 SR 458 SR 459 SR 528

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1539 Do Pass, by Substitute
Respectfully submitted, M Lucas of the 124th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 840 Do Pass, by Substitute HB 1630 Do Pass, by Substitute HB 1637 Do Pass, by Substitute

HB 1647 Do Pass HB 1709 Do Pass SB 597 Do Pass, by Substitute

Respectfully submitted, hi Watson of the 139th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

1300

JOURNAL OF THE HOUSE,

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 196 Do Pass, by Substitute HB 1396 Do Pass, by Substitute

HB 1622 Do Pass SB 640 Do Pass, by Substitute

Respectfully submitted, M Chambless of the 163rd
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1037 Do Pass HR 1074 Do Pass HR 1089 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 has instructed me to report the same back to the House with the following recommendations:

HB 1684 Do Pass HB 1742 Do Pass HB 1743 Do Pass
HB 1744 Do Pass HB 1745 Do Pass

HB 1746 Do Pass HB 1748 Do Pass HB 1750 Do Pass, by Substitute
HB 1752 Do Pass HB 1755 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 26, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enu merated below:
HB 1088 District Attorneys' Retirement; amend provisions HB 1202 Education; capital funding; exceptional growth systems

MONDAY, FEBRUARY 26, 1996

1301

HB 1320 Insurance; provisions for diabetes coverage HB 1359 Local govt employees; residency requirement prohibition; repeal HB 1366 State governmental bodies; teleconference meetings HB 1375 Employment security; State-wide Reserve Ratio; repeal provisions HB 1429 Hearing aid dealers and dispensers; board membership HB 1479 Bonds and recognizances; failure to appear; liability of surety HB 1519 State symbols; designate square dancing as official folk dance HB 1570 Crimes; destroying or injuring police horse; penalties HB 1589 Ad valorem and sales tax exemption; income tax credit; water conservation
facility HB 1638 Taxation of financial institutions; comprehensive revision
HR 805 Southern Highroads Scenic Highway; designate HR 980 Tobacco industry; urge removal of FDA regulatory powers
SB 394 Cert. Revenue Agents - retain badge, weapon after 25 yrs. (Taylor of the 12th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /a/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1684.

By Representative Jamieson of the 22nd:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to provide for term limitations for the mayor and the members of the city council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1742.

By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chair person and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1743. By Representative Hanner of the 159th:
A bill to amend an Act providing for the election of the initial chief magis trate of the Magistrate Court of Webster County, so as to provide that the judge of the Probate Court of Webster County shall also serve as the chief magistrate of the Magistrate Court of Webster County.

1302

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1744. By Representative Channell of the lllth: A bill to provide a new charter for the Town of Siloam.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1745.

By Representatives Johnson of the 84th, Coleman of the 80th, Breedlove of the 85th, Crews of the 78th, Stephenson of the 25th and others:
A bill to amend an Act known as the "Gwinnett County Merit System Act" authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to change the qualifications for members of the Merit System Board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1746.

By Representatives Johnson of the 84th and Walker of the 87th:
A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to repeal certain provisions regarding a vacancy in the office of sheriff of Walton County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1748. By Representative Greene of the 158th:
A bill to provide for the compensation and expenses of the members of the Board of Education of Calhoun County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 26, 1996

1303

HB 1750.

By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to provide for an advisory referendum election to be held in Cherokee County for the purpose of ascertaining whether the corporate limits of the City of Woodstock should be extended to include part of the right of way of Interstate 575.

The following Committee substitute was read and adopted:

A BILL
To provide for an advisory referendum election to be held in Cherokee County for the pur pose of ascertaining whether the corporate limits of the City of Woodstock should be extended to include part of the right of way of Interstate 575; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Cherokee County to determine if the voters of said county prefer that the corporate limits of the City of Woodstock be extended to include part of the right of way of Interstate 575.
SECTION 2. (a) It shall be the duty of the election superintendent of Cherokee County to issue the call for an advisory election for the purpose of submitting a question to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall set the date of such election for the date of the 1996 state-wide general election. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately pre ceding the date thereof in the official organ of Cherokee County. The ballot shall have printed thereon the following:
"Advisory Referendum Election
"( ) YES Should the corporate limits of the City of Woodstock be extended to ( ) NO include part of the right of way of Interstate 575?"
(b) It shall be the duty of the election superintendent of Cherokee County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Cherokee County. The expense of such election shall be borne by Cherokee County. (c) It is found, determined, and declared that the holding of the advisory referendum elec tion provided for in this section is in all respects for the benefit of the people of Cherokee County and is for a public purpose and is an essential governmental function for which public funds may be expended.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 7.

1304

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1752. By Representative Scoggins of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for an advisory referendum election to be held in Madison County for the purpose of ascertaining the type of government for said county desired by the people of said county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1755. By Representative Stancil of the 91st:
A bill to create and establish the Madison-Morgan County Airport Authority and to provide for the powers of such authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 734. By Senator Ralston of the 51st:
A bill to be entitled an Act to provide for the election of members of the Board of Education of Fannin County; to provide for terms of office; to pro vide for members currently in office; to provide procedures; to provide for the compensation of the members of the Board of Education of Fannin County; to provide for the reimbursement of certain expenses incurred by board members under certain conditions.

HB 1594.

By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the State Court of Fayette County, so as to change the date for the election and the beginning of the term of the first judge and solicitor of said court.

HB 1608.

By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the clerk of the board of commissioners.

MONDAY, FEBRUARY 26, 1996

1305

HB 1615.

By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act entitled "An Act establishing a City Court in the County of Clarke," formerly known as the State Court of Clarke County, so as to repeal certain provisions relating to an additional judge for such court.

HB 1629.

By Representative Smith of the 109th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to repeal certain provisions relating to the compensation of the chief magistrate of that court.

HB 1646. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act establishing the State Court of Bryan County, so as to change the terms of court.

HB 1658.

By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Randolph County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

SB 669. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend Code Section 15-10-80 of the Official Code of Georgia Anno tated, relating to fees and costs in the magistrate court, so as to increase the amount of the filing fee.

SB 674. By Senators Abernathy of the 38th, Clay of the 37th, Edge of the 28th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to restrict the location of commercial establishments where nudity is exhibited; to define a certain term.

SB 705. By Senators Madden of the 47th and Marable of the 52nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the prohibitions against using certain titles and designations; to change the provisions relating to eli gibility for licensure; to change the provisions regarding licensure in marriage and family counseling; to provide for associate marriage and family therapists.

SB 635. By Senators Taylor of the 12th, Perdue of the 18th, Hooks of the 14th and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide a statement of legislative intent and define generally the roles of the state merit system and state department and agencies with respect to positions filled after July 1, 1996; to provide a statement of legislative intent with respect to the employment of veterans.

1306

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 635. By Senators Taylor of the 12th, Perdue of the 18th, Hooks of the 14th and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide a statement of legislative intent and define generally the roles of the state merit system and state department and agencies with respect to positions filled after July 1, 1996; to provide a statement of legislative intent with respect to the employment of veterans.
Referred to the Committee on State Planning & Community Affairs.

SB 669. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend Code Section 15-10-80 of the Official Code of Georgia Anno tated, relating to fees and costs in the magistrate court, so as to increase the amount of the filing fee.
Referred to the Committee on Judiciary.

SB 674. By Senators Abernathy of the 38th, Clay of the 37th and Edge of the 28th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to restrict the location of commercial establishments where nudity is exhibited; to define a certain term.
Referred to the Committee on Industry.

SB 705. By Senators Madden of the 47th and Marable of the 52nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the prohibitions against using certain titles and designations; to change the provisions relating to eli gibility for licensure; to change the provisions regarding licensure in marriage and family counseling; to provide for associate marriage and family therapists.
Referred to the Committee on Children and Youth.

SB 734. By Senator Ralston of the 51st:
A bill to be entitled an Act to provide for the election of members of the Board of Education of Fannin County; to provide for terms of office; to pro vide for members currently in office; to provide procedures; to provide for the compensation of the members of the Board of Education of Fannin County; to provide for the reimbursement of certain expenses incurred by board members under certain conditions.
Referred to the Committee on State Planning & Community Affairs - Local.

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:

MONDAY, FEBRUARY 26, 1996

1307

HB 1638. By Representatives Parrish of the 144th, Jamieson of the 22nd, Royal of the 164th, Buck of the 135th, Skipper of the 137th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of taxation of financial institutions.

The following Committee substitute 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 for the comprehensive revision of taxation of financial institutions; to change certain definitions regarding intangible personal property tax; to provide for def initions applicable to taxation of financial institutions; to change the manner of calculating state occupation tax on depository financial institutions; to change certain provisions regarding the carry-over of unused credits with respect to income taxation of corporations; to revise and repeal certain provisions regarding the allocation and apportionment of cer tain corporate income; to amend Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, so as to change a cross-reference; to provide duties 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraphs (1) and (6) of Code Section 48-6-20, relating to the defini tions regarding intangible personal property tax, and inserting in their place new para graphs (1) and (6) to read as follows:
"(1) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock^ except that for purposes of Article 4 of this chapter, such term shall be defined as provided for in Code Section 48-6-90." "(6) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form^ except that for purposes of Article 4 of this chap ter, such term shall be defined as provided for in Code Section 48-6-90."
SECTION 2. Said title is further amended by striking Code Section 48-6-90, relating to depository financial institutions, and inserting in its place new Code Sections 48-6-90 and 48-6-90.1 to read as follows:
"48-6-90.
As used in this article, the term: (1) 'Bank' means any financial institution chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) 'Depository financial institution' means a bank or a savings and loan association. (3) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a mutual corporate form.
48-6.00. 48-6-90.1.

1308

JOURNAL OF THE HOUSE,

Except as is otherwise provided in this title, depository financial institutions shall be subject to all forms of state and local taxation in the same manner and to the same extent as other business corporations in Georgia."
SECTION 3. Said title is further amended by striking Code Section 48-6-91, relating to foreign deposi tory financial institutions subject to state and local taxation as foreign corporations and exemption of domestic international banking facilities, and inserting in its place a new Code Section 48-6-91 to read as follows:
"48-6-91.
\Bi/--ISXCCp* ftS IS OtIltWl86 pFOVtuCft ift tftlS tltro, QCpOS1 cOFy I IttflUClfli IflStltUtlOItS
States and domiciled outside ef Georgia, er ef any foreign government, and which atn-
vftin ft JHflCC Of D USlfteSS WltlHH tl)13 StfitC sn&ll DC SUDjeCt TO 9t&tC ELUO lOCfti tQXQtlOn "ffi
the same manner and- te the same extent as foreign corporations authorized te de buai-
{b} Domestic international banking facilities operating in this state pursuant to Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and engaging only in those activities authorized pursuant to that article shall not be deemed to maintain a place of business in this state and shall not be subject to any state or local tax, license, or fee solely because of such activities."
SECTION 4. Said title is further amended by striking Code Section 48-6-93, relating to local business license tax for depository financial institutions, and inserting in its place a new Code Sec tion 48-6-93 to read as follows:
"48-6-93. (a) Municipalities and counties may each levy and collect a business license tax from depository financial institutions having an office located within their respective jurisdic tion at a rate not to exceed 0.25 percent of the Georgia gross receipts, as defined and allocated in Code Section 48-6-95 and this Code section, of said depository financial institutions. Municipalities and counties may provide that the minimum annual amount of such levy upon any depository financial institution shall be not more than $1,000.00.
^Dj^JLj .FOE purposes Or tin9 oodc section, PO98 receipts meftfts trie totftt Amount of revenue generated fre the sources itemized H paragraphs {3} and 43) ef this subscctien deriBf the calendar year immediately preceding the date ea which the tax authorized by this Code section shall be dtier Before determining gross receipts there shaH
(A) An amount equal te the amount ef interest paid en aH liabilities for the period; ^JBJ--ATI. ftmount ccjuftf to income' QCNVC^T ijom tne fiutnorizcd fte11vitle& Or ftny domestic international banking facility operating pursuant to Article 6A el Chapter Jr ef !Pitle ^ fee 'Domestic International Banking Facility AetH (C) An amount equal te ay income arisisg frem the conduct ef a banking business

^jj^ An sinount co^ufll TO d depositopy iiriflncifli institution 3 ^ross income WHICH tt taxed under the tax fatws ef- a state other than Georgia; and (E) To the extent that any deductions are made pursuant te subparagraphs {6)7 iQh and {B) ef- this paragraph, any deductions taken tmder subparograph 4A^ ef this paragraph shall be reduced by the same proportion that the deductions m subparagraphs {B} through (B) ef- this paragraph bear te the groaa receipts ef- the depository financial institution as calculated before making any deductions pursuant te subparagraphs {A> through {B> ef- this paragraph. (2) The ites te be included the calculation ef gress receipts with respect te bauk-s t?e ts toiiowsi (A) Interest and fees e loans less any interest collected e those portions ef leans

MONDAY, FEBRUARY 26, 1996

1309

(B) Interest en balances with ether depository financial institutions; (C) Interest en federal er correspondent funds seW and securities purchased wider agreement to resell; (D) Interest en ether bonds, notes, and dcbcnturca, excluding interest ea obligatiens ef the State ef Georgia er its political subdivisions and obligations ef the United States; (E) Dividends en stock; (F) Income front direct tease financing; (G) Income fre fiduciary activities; (H) Service charges en deposit accounts; (I) Other aorvicc charges, commissions, and fees; and (J) Other income.
ings and lean associations are as follows; (A) Interest en mortgage leans less any interest collected en those portions ef leans
(B) Interest en mortgages, participations, er mortgage-backed securities; (C) Interest en real estate seld en contract; (D) Discounts en mortgage loans purchased; (E) Interest en ether loans; excluding interest en obligations ef- the State ef Georgia er its political subdivisions and obligations ef the United States;
(G) Loan fees; (H) Loan servicing fees;
(I) Other fcC3 find chflrgC3-
(J) Groaa income fre real estate ewned operations; (K) Net income frem office building operations; (L) Gross income fre real estate held fer investment; (M) Net income from service corporations and subsidiaries; (N) Miscellaneous operating income; (0) Profit en sale ef real estate owned, investment securities, loans, and ether
(P) Miacclloncoua nonopcrating income. Reserved. (c) Every depository financial institution subject to the tax authorized by this Code sec tion shall file a return of its gross receipts with each applicable jurisdiction levying such tax by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner based on the allocation method set forth in subsection (d) of this Code section. The return shall provide the information necessary to determine the portion of the taxpayer's total Georgia gross receipts to be allocated to each taxing jurisdiction in which such institution has a place ef business an office. Each taxing jurisdiction which has enacted a business license tax pursuant to subsection (a) of this Code section shall assess and collect said tax based upon the information provided in the returns. (d) he total gross receipts generated in this state -by a depository financial institution attbjeet to any ta* authorized by this Gede seetien shall be allocated among separate ta*ing jurisdictions A depository financial institution's Georgia gross receipts shall be allo cated among each taxing jurisdiction in which such institution has an office as of December 31 of the year in which gross receipts are measured, as follows:
(1) If- a depository financial institution shall have an office er a place ef business in mere than ene municipality, the amount ef gross receipts taxable by each municipality snAix i&c tile Amount of jros9 receipts Qtin outAole to sucn oiiiccs OP piticcs of Dusmess as ef December 3i ef the year in which gross receipts are measured; Each jurisdiction shall be assigned the gross receipts attributable to the offices located within such jurisdiction: and (2) If a depository financial institution shall have an office er a place ef business in mope tnBii one county, tne Amount) of PO99 receipts tAXADie uy e&cft county SIIAII De tne Amount of ^JPOSS receipts AttPi outci Die o sucii oil ices OP PIACGS of ousiness AS of December 81 ef the year in which gress receipts are measured; and

1310

JOURNAL OF THE HOUSE,

In determining the amount of 'gross receipts' attributable to each location office, 20 percent of the institution's Georgia gross receipts shall be attributable to the parent bank that institution's principal Georgia office, which for this purpose shall be the Georgia office to which the greatest amount of deposits by value are attributable. The remaining 80 percent of Georgia gross receipts shall be attributable to branch banks ad bank the institution's other Georgia offices, pro rata according to the num ber of such branch bonks and bank offices; with none ef the gfess receipts attributable vQ DftHJf iQciiitics oif otiicF outlets 'fto* consictopcci TO DC ft pftpcnt D&IIK, "DPflncn oftnit, er bank office. The terms 'parent bank,' 'branch bank,' and- 'bank office' term 'office' as used in this Code section mean these same terms as defined in Chapter 1 ef- Title ?; the 'Financial Institutions Code ef- Georgia.' means a place of business of a deposi tory financial institution at which the institution accepts deposits but shall not include unmanned automatic teller machines, point-of-sale terminals, or other similar unmanned electronic facilities at which deposits may be accepted. If there are fewer than five branch banks er bank offices in addition to the parent bank principal Geor gia office, the amount of gross receipts attributable to each such parent bank, branch bonk, ef bank office shall be determined by dividing the total Georgia gross receipts by the aggregate number of such outlets offices. Per purposes ef- this distribution formula only, the term 'bank' atee means a savings and lean association. (e) Any tax paid by a depository financial institution pursuant to this Code section and Code Section 48-6-95 shall be credited dollar for dollar against any state corporate income tax liability of such institution for the tax year during which any business and occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions contained in paragraph (10) of subsection (b) of Code Section 48-7-21. (f) Except as authorized by this Code section, no municipality or county shall levy any form of business license tax, fee, franchise, or occupation tax on any depository financial institution."
SECTION 5. Said title is further amended by striking Code Section 48-6-95, relating to state occupation tax on depository financial institutions, and inserting in its place a new Code Section 48-6-95 to read as follows:
"48-6-95.
(a) There is imposed a special state occupation tax on each depository financial institu tion located that conducts business or owns property in this state. The rate of this tax shall be 0.25 percent of the Georgia gross receipts, as defined in subsection (b) of this Code Section 48 -6- 03 section, of the depository financial institution. This tax shall be in addition to any and all other taxes to which such depository financial institution is
subject. (b)(l) For purposes of this Code section, 'Georgia gross receipts' means gross receipts as determined under paragraph (2) of this subsection, unless the taxpayer conducts business both within and outside this state in which case 'Georgia gross receipts' means gross receipts as determined under paragraph (2) of this subsection multiplied by the taxpayer's Georgia gross receipts factor determined under paragraph (3) of sub section (d) of Code Section 48-7-31 for the year in which such gross receipts are mea sured. (2) For purposes of this Code section, 'gross receipts' means the total amount of reve nue generated from the sources itemized in this paragraph and in paragraph (3) of this subsection during the calendar year immediately preceding the date on which the tax authorized by this Code section shall be due. Before determining gross receipts there shall be deducted: (A) An amount equal to the amount of interest paid on all liabilities for the period; (B) An amount equal to income derived from the authorized activities of any domestic international banking facility operating pursuant to Article 5A of Chapter 1 of Title 7j the 'Domestic International Banking Facility Act'; (C) An amount equal to any income arising from the conduct of a banking business with persons or entities located outside of the United States, its territories, or possessions; and

MONDAY, FEBRUARY 26, 1996

1311

(D) To the extent that any deductions are made pursuant to subparagraphs (B) and (C) of this paragraph, any deductions taken under subparagraph (A) of this para graph shall be reduced b^ the same proportion that the deductions in subparagraphs (B) and (C) of this paragraph bear to the gross receipts of the depos itory financial institution as calculated before making any deductions pursuant to subparagraphs (A) through (C) of this paragraph. (3) The items to be included in the calculation of gross receipts with respect to banks are as follows: (A) Interest and fees on loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on balances with other depository financial institutions; (C) Interest on federal or correspondent funds sold and securities purchased under agreement to resell: (D) Interest on other bonds, notes, and debentures, excluding interest on obliga tions of the State of Georgia or its political subdivisions and obligations of the United States; (E) Dividends on stock; (F) Income from direct lease financing; (G) Income from fiduciary activities; (H) Service charges on deposit accounts: (I) Other service charges, commissions, and fees; and (J) Other income. (4) The items to be included in the calculation of gross receipts with respect to sav ings and loan associations are as follows: (A) Interest on mortgage loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on mortgages, participations, or mortgage backed securities; (C) Interest on real estate sold on contract; (D) Discounts on mortgage loans purchased; (E) Interest on other loans, excluding interest on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (F) Interest and dividends on investments and deposits; (G) Loan fees; (H) Loan servicing fees; (I) Other fees and charges; (J) Gross income from real estate owned operations; (K) Net income from office building operations; (L) Gross income from real estate held for investment; (M) Net income from service corporations and subsidiaries; (N) Miscellaneous operating income; (0) Profit on sale of real estate owned operations, investment securities, loans, and other assets; and (P) Miscellaneous nonoperating income. {bKc) Each depository financial institution shall file with the commissioner a return of its gross receipts by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner. The tax imposed by this Code section shall be paid to the commissioner at the time of filing the return.
The commissioner shall make an annual report to the Governor and to the ehaifchairpersons of the House and Senate Appropriations Committees of the amount of special state occupation tax on depository financial institutions collected."
SECTION 6. Said title is further amended by striking paragraph (10) of subsection (b) of Code Section 48-7-21, relating to income taxation of corporations, and inserting in its place a new para graph (10) to read as follows:
"(10) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any,

1312

JOURNAL OF THE HOUSE,

paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the corporate income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose. If the assets of an institution are acquired by another institution in a transac tion described in Section 381(a) of the Internal Revenue Code of 1986, the acquiring institution shall succeed to and take into account any unused credit of the distributor or transferor institution."
SECTION 7. Said title is further amended by striking paragraph (1) of subsection (d) of Code Section 48-7-31, relating to allocation and apportionment of corporate income, and inserting in its place a new paragraph (1) to read as follows:
"(1)(A) Where the et business income ef th corporation is derived principally
H*Olft TR flOldlH, SftlC} OP IlOlXnfi LDd 9ftiC Or lUtftH^l OJ.C pP OpePty flftVlUg ft cftXflOie
sites in this state, the tax shaH be imposed ea the entire business income.
stQtC} trie portion of tiic income derived wom trie iioidiii, sflie/ OP~ Holding ctzid sftie ef- the intangible property attributable te this state shaH be the percentage which the gress receipts free* the intangible property i this state for the taxable year bea* to toe towxt PO9s receipts iponi intftn^i Die ppopePty ioc&ted wituin &nd outside tins
ntn+n
(C) The taxable situs ef intangible property heid- e* owned- by any domestic corporatien e* by any foreign corporation whose principal place ef- business is this state
established outside this state. ppopefty dcrivect ipom Dusiness done m CUIOUICT stfltc oy ft
corporation and held by tne corporation outside this- state shall not- be- deemed tettflve ft vftXftoie situs tft tftis stftte Dy pesson or trie tflct tJn&t oriiceps o? directors 01 the corporation reside in this state; corporate meetings a*e held- in tiria state, of earperate records ate kept in this state; (1) Reserved;".
SECTION 8. Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 48-7-31, relating to allocation and apportionment of corporate income, and inserting in its place a new paragraph (3) to read as follows:
"(3) Except as otherwise provided in paragraph (3.1) of this subsection, where the net business income is derived principally from business other than the manufacture, pro duction, or sale of tangible personal property er fre the holding er sate f- intangible property, the net business income of the corporation shall be 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;

MONDAY, FEBRUARY 26, 1996

1313

(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; (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;".
SECTION 9. Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) Taxation of all banks, branch banks, bank offices, and bank facilities shall be in the manner provided in Code Section 48-6-00 48-6-90.1."
SECTION 10. The state revenue commissioner shall conduct a study and prepare a report regarding the effect of this Act on revenue received by the state, counties, and cities in 1997 and 1998 from the tax imposed by Article 4 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated. Such report shall compare the annual revenues received in such years to the revenues received in the three previous years. The report shall recommend changes in the tax rate, if necessary, to replace any revenue lost as a result of this Act. In developing the

1314

JOURNAL OF THE HOUSE,

recommendations, the commissioner shall consider the effect of changing market condi tions on such revenues. The commissioner's findings shall be reported to the Governor and General Assembly by December 1, 1998, and such report shall be made available to inter ested persons.
SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1, 2, 3, 4, and 5 of this Act shall be applicable to all returns due on or after March 1, 1997. Sections 6, 7, and 8 of this Act shall be applicable to all taxable years beginning on or after January 1, 1996.
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, 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:

Alien Y Andersen YAshe
Bailey Baker Y Bannister YBarfoot YBargeron Y Barnard YBarnes Y Bates Benefield YBirdsong Bordeaux YBoetick Y Breedlove Y Brooks, D Brooks, T
Y Brown, J
Y Brush
YBuck Buckner
YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T YConnell 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
E Dixon, S YDobbs YEhrhart YEpps
Evans Y Falls Y Felton YFloyd YGodbee Y Golden
Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard YHeckstall YHegstrom Y Hembree
Henson 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 YLakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall
McClinton McKinney Y Mills Mobley, B Y Mobley, J YMosley Y Mueller YO'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
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 YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas YTUlman Y Titus
Towery YTrense Y Tumquest YTwiggs Y Walker, L
Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1570.

By Representatives White of the 161st, Randall of the 127th, Falls of the 125th, McKinney of the 51st, Mueller of the 152nd and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with respect to dangerous instrumentalities and practices, so as to make it unlawful for any person to knowingly and intentionally destroy or cause serious or debilitating physical injury to a police horse when such person knows that the horse is a police horse.

MONDAY, FEBRUARY 26, 1996

1315

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:

Alien Y Andereon Y Ashe
Bailey
Y Bannister YBarfoot YBargeron Y Barnard YBaraes Y Bates Y Benefield YBirdsong Y Bordeaux YBoetick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell 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
E Dixon, S YDobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd
YGodbee Y Golden YGoodwin
Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard YHeckstall
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 Joyce
YKaye
Y Kinnamon Klein
YLadd YLakly
YLane Y Lawrence YLee Y Lewis
Lifsey YLord
Lucas Y Maddox YMann Y Martin YMcBee YMcCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal YOrrock
Parham

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V

Smith, W YSmyre
Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague
Teper Y Thomas YTUlman Y Titus Y Towery YTrense
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 YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1479. By Representative Randall of the 127th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to change the provisions relating to surrender of principal by surety and forfeiture of bond; to provide conditions under which a surety shall be released of liability on a bond.

The following Committee substitute was read:

A BILL
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide that provisions relating to the use of bail bond posted for a preliminary hearing for trial appearance shall not apply to a municipal court; to provide certain conditions under which a surety is not required to return to the princi pal the compensation received for signing the bond when the surety surrenders the defend ant before final disposition of the case; to change the provisions relating to conditions not warranting forfeiture of bond for failure of the principal to appear; to authorize a surety to present a letter of intent to pay all cost of returning a principal to the jurisdiction of the court in lieu of tendering costs; to provide that, should the state fail to place a

1316

JOURNAL OF THE HOUSE,

detainer after a request therefor as provided in this Act within 15 days, excluding Satur days, Sundays, and legal holidays, and after presentation and letter of intent to pay costs, the surety shall be relieved of the liability of the appearance bond; to provide conditions under which a court shall order a remission of a portion of the amount of the bond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by adding at the end of Code Section 17-6-14, relating to use of bail bond posted for preliminary hearing for trial appearance, a new subsection (d) to read as follows:
"(d) Nothing contained in subsection (a) of this Code section shall apply to a municipal court. When a defendant's case in municipal court is bound over to a higher court, the original bail bond returnable to the municipal court shall terminate and another bail bond returnable to the higher court will be required."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-6-54, relating to prohibition against professional bondsman or his or her agents or employees from receiving further compensation after becoming surety on a criminal bond, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No professional bondsmanj or his or her agents; or employees who receive compen sation for becoming the surety on a criminal bond shall thereafter receive any other sum in the case. K; before final disposition ef th case, the surety surrenders the defendant wfto 19 trie pnncipfli on wic Dond into trie cttsiociy of trie court, iic must tirst return TO th principal th compensation received for signing the bend- as surety. If the surety sur renders a defendant into the custody of the court, the sheriff, or another law enforce ment officer in the jurisdiction where the bond was made before final disposition of the case, the surety is required to return to the principal the compensation received for sign ing the bond as surety if such surrender of the defendant is for reasons other than:
(1) The defendant's arrest for a crime other than a traffic violation or misdemeanor; (2) The defendant's cosigner attests in writing the desire to be released from the bond; (3) The defendant fails to provide to the court and the surety the defendant's change of address; (4) The defendant fails to pay any fee due to the surety after being notified by certi fied mail that the same is past due; (5) The defendant fails to notify the court and the surety upon leaving the jurisdic tion of the court; or (6) The defendant provides false information to the surety."
SECTION 3. Said chapter is further amended by striking in their entirety subsections (b), (c), and (d) of Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear, and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
"(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdic tion, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written notice of the holding institution in which the principal is being detained or con fined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by fac simile machine. Upon the presentation of such written notice to the clerk of the proper court2 ad the prosecuting attorney2 and the sheriff or other law enforcement officer having jurisdiction over the case, along with the testier ef- costa by the surety te the-

MONDAY, FEBRUARY 26, 1996

1317

sheriff e* ethe* tew enforcement effieef necessary fe* the return f the principal a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed on the principal. Should there be a failure to place a detainer or hold within 30 15 days, excluding Saturdays, Sundays, and legal holidays included, and after such presentation of such notice and teade* ef- Letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court.
(c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that prior to the entry of the judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. A written notice ef the sheriff or- ether responsible tew enforcement

custody ef the sheriff e* ether responsible tew enforcement agency ef the jurisdiction *
official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon presentation of such official written notice to the court clerk of the proper court, aeet the prosecuting attorneyj and the sheriff or other law enforce ment officer having jurisdiction ef over the case along with tender ef the estimated eest necessary te retws the principal a letter of intent to pay all costs of returning the prin cipal to the jurisdiction of the court, such notice and letter shall et serve as ft the surety's request that for a detainer or hold to be placed against the principal. Upon the
3IlCfill Of OtfieP OII1CCP Or tftG J UP19Q1CtiOR WftGFC tflC Cfl9C tS pending 199UIU111 CU8tOdy
ef the principal, the surety shall be relieved ef the bond obligation. Should the state fail there be a failure to place a detainer or hold within 36 15 days, excluding Saturdays, Sundays, and legal holidays included, and after presentation of such notice and the tender of tne cst1mfltcd cost noce8sflpy TO return, tnft principfli isttsr or intent to pfl.y costs, the surety shall then be relieved fe* the bond obligation of the liability for the appearance bond without further order of the court. (d) In cases in which paragraph (3) of this subsection is not applicable, on application filed within 120 days from the payment of judgment, the court shall order remission under the following conditions:
(1) Provided the bond amount has been paid at any time within 120 days after judg ment and the delay has not prevented the p*epef prosecution of the principal; and upon application to the court with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehends, sur renders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety causes caused the adjudication of the principal in the jurisdiction in which the bond was made. Should the surety, within two years of the principal's fail ure to appear, locate the principal causing the retr ef the principal te- the- juriadictie where the bend was made, apprehend, surrender, produce, e* substantially ease tnc ftppreiieusion or 9UPrendcp or tnc ppincipflry OP tf tnc1 lOCfltion ot tn& ppiDCip&c oy the ourcty causes the adjudication ef the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, or produce the principal, if the apprehension or surrender of the principal is substan tially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction where in which the bond was made2 the surety shall be entitled to a refund of 50 percent of the bond amount payment. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment;

1318

JOURNAL OF THE HOUSE,

(2) Remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; or (3) If, within 120 days after judgment, the surety surrenders the principal to the sher iff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or surety locates the principal in cus tody in another jurisdiction, the surety shall only be required to pay costs and 5 per cent of the face amount of the bondj which amount includes all surcharges. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the face amount of the bond amount and all costs have been tendered to the sheriff, the court shall be authorized te direct that the judgment be marked satisfied and that the writ of execution 4ft-. fth> fL fa., be canceled."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

Representatives Smith of the 109th and Wiles of the 34th move to amend the Committee substitute to HB 1479 as follows:
By striking Section (D) renumbering accordingly on p 1, 1 29.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien
N Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn
Burkhalter
YByrd Y Campbell
Canty N Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B
Coleman, T Connell Y Crawford

Y Crews Y Culbretb Y Cununings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H E Dixon, S Y Dobbs YEhrhart NEpps Y Evans Y Falls Y Felton N Floyd YGodbee Y Golden
Goodwin YGreene
Grindley YHanner Y Harbin Y Harris N Heard NHeckstall Y Hegstrom Y Hembree YHenson Y Holland
Holmes
Howard
Y Hudson
N Hugley

Ylrvin James
Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis YLifsey
YLord Lucas
Y Maddox YMann Y Martin YMcBee
YMcCall Y McClinton
McKinney Y Mills
Mobley, B
Y Mobley, J Y Mosley Y MueUer N O'Neal YOrrock YParham

Parrish Y Parsons N Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y PoweU Y Purcell, A Y Purcell, B NRandall N Randolph
Ray Y Reaves Y Reichert N Roberts Y Rogers
Y Royal Y Sanders Y Sauder YScoggins Y Shanahan YShaw
Sherrill
YShipp 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 134, nays 19. The amendment was adopted.

Y Smith, W NSmyre Y SneUing
Snow
Y Stalling: Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat N Taylor
Teague Teper N Thomas YTillman
Y Titus Towery Trense
Turnquest YTwiggs
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 YYates
Murphy, Spkr

MONDAY, FEBRUARY 26, 1996

1319

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 Alien Y Andereon
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Barnard N flames
Bates Y Benefield
YBinUong Y Bordeaux YBostick YBreedlove Y Brooks, D Y Brooks, T N Brown, J
Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell Y Childere N Coker Y Coleman, B
Coleman, T Y Connell 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
E Dixon, S YDobbs NEhrhart YEpps N Evans E Falls
Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley YHanner Y Harbin Y Harris Y Heard YHeckstall
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 Y Jones Y Joyce NKaye Y Kinnamon Y Klein YLadd NLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas N Maddox YMann Y Martin
YMcBee YMcCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Parrish N Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y PurceU, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers
Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill NShipp Y Simpson Y Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

N Smith, W YSmyre Y Snelling
Snow Y StaUings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Street Y Taylor YTeague YTeper Y Thomas YTillman Y Titus
Towery Y Trense
Turnquest YTwiggs
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 N Woods NYates
Murphy, Spin-

On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 980. By Representatives Reaves of the 178th, Floyd of the 138th, Hudson of the 156th, Royal of the 164th and James of the 140th:
A resolution petitioning the President of the United States and the Congress of the United States to rescind and remove any action that would give the Food and Drug Administration regulatory powers over the tobacco industry.

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:

N Alien N Anderson
Ashe Y Bailey

N Baker Bannister
YBarfoot Y Bargeron

N Barnard YBarnes Y Bates Y Benefield

Birdsong N Bordeaux
Y Bostick
Y Breedlove

Y Brooks, D Y Brooks, T N Brown, J
Brush

1320

JOURNAL OF THE HOUSE,

YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell
Canty
Y Carter Y Chambless Y Channel!
N Childers
Y Coker
N Coleman, B Coleman, T
Y Connell Y Crawford N Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay
Y DeLoach, B
Y DeLoach, G
NDii
Y Diion, H
E Diion, S
NDobbs
YKhrhart
YEpps N Evans
E Falls

N Felton Y Floyd
Y Godbee Y Golden YGoodwin Y Greene N Grindley Y Banner Y Harbin N Harris Y Heard Y Heckstall N Hegstrom
Y Hembree Y Henson Y Holland
Y Holmes N Howard Y Hudson
Hugley NIrvin
Y James Jamieson
Y Jenkins
Johnson, G
Y Johnson, J N Johnston
Y Jones
Y Joyce
NKaye
N Kinnamon Y Klein

NLadd YLakly YLane N Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddoi YMann
Martin N McBee YMcCall Y McClinton
McKinney N Mills N Mobley, B N Mobley, J YMosley
Mueller O'Neal NOrrock YParham Y Parrish Y Parsons
Y Pelote Y Perry
Pinholster NPolak Y Ponder
Porter

Y Poston Y Powell
PurceU, A Purcell, B Randall N Randolph
YRay Y Reaves
Y Rekhert Y Roberts
N Rogers Y Royal
Y Sanders Y Sauder N Scoggins N Shanahan
Shaw N Sherrill
YShipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T N Smith, V Y Smith, W
YSmyre Y Snelling
Snow

Y Stallings N Stancil, F
Stancil, S Stanley, L
Stanley, P Y Stephenson Y Streat
Taylor Teague
NTeper N Thomas YTilhnan Y Titus
Y Towery NTrense
Turnquest YTwiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles N Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 99, nays 51. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Johnston of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Klein of the 39th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker Pro Tern assumed the Chair.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Retirement System, so as to repeal certain restrictions on members retired under such system; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Retirement System, is amended by strik ing in its entirety subsection (e) and inserting in lieu thereof the following:

MONDAY, FEBRUARY 26, 1996

1321

"(e) Any district attorney who retires under this chapter, while receiving retirement or disability benefits, shall et be eligible for election or appointment to any other office of this state for which compensation is paid; provided, however, that all benefits pro vided pursuant to this chapter shall be suspended for any period a member serves in such office. After leaving such office, the member shall be again entitled to receive bene fits calculated with any increases granted during the period of suspension, but in no event shall such member be entitled to payment of any benefits for the period of suspension. Any SUCA district &ttomey* while receiving ft retirement &t disflDinty Denetit wMtef this chapter, shall net engage * the private practice el criminal fcrwr"
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield YBiidsong Y Bordeaux Y Bontick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell 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 E Dixon, S Y Dobbs YEhrhart YEpps Y Evans E Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris 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
Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd YLakly
YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
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 YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph YRay
Reaves Y Reichert Y Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw YSherriU YShipp 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 YSnelling
Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Street Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Towery YTrense
Tumquest YTwiggs 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

1322

JOURNAL OF THE HOUSE,

HB 1366.

By Representatives Irvin of the 45th, Walker of the 141st, Lee of the 94th, Ehrhart of the 36th and Evans of the 28th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to state government in general, so as to provide that any state board, body, or committee may meet by teleconference or other similar means, unless specifically prohibited.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that any state board, body, or committee may meet by teleconference or other similar means, unless specifically prohibited; to pro vide conditions and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state govern ment in general, is amended by adding at its end a new Code Section 50-1-5 to read as follows:
"50-1-5.
(a) Unless specifically prohibited by the laws relating to a particular board, body, or committee, any board, body, or committee of state government may meet by teleconfer ence or other similar means. The methods of meeting permitted under this Code section shall include telephone conference calls, meetings held through two-way interactive closed circuit television or satellite television signal, or any other similar method which allows each member of the board or body participating in the meeting to hear and speak to each other member participating in the meeting. (b) Nothing in this Code section shall eliminate any otherwise applicable requirement for giving notice of any meeting. Likewise, nothing in this Code section shall create a requirement for giving notice of any meeting where it does not otherwise exist. The notice shall list each location where any member of the board, body, or committee par ticipates in the meeting. Likewise, any meeting which is otherwise required by law to be open to the public shall be open to the public at each location where any member of the board, body, or committee participates in the meeting. (c) The provisions of this Code section shall be broadly construed to cover any board, body, or committee of state government which is required or authorized to hold any meeting concerning state government affairs, regardless of the name by which any such entity may be known. The provisions of this Code section are specifically made applica ble to the legislative and judicial branches of state government as well as the executive branch. With respect to the judicial branch, however, this Code section shall not apply to actual court sessions but shall apply to other administrative or judicial proceedings in the judicial branch. With respect to the legislative branch, this Code section shall not apply to actual sessions of the Senate or the House of Representatives but shall apply to committee meetings and other administrative proceedings."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Grindley of the 35th, Walker of the 141st, Irvin of the 45th, Lee of the 94th and Kaye of the 37th move to amend the Committee substitute to HB 1366 by strik ing from line 1 on page 1 the following:

MONDAY, FEBRUARY 26, 1996

1323

"Chapter 1 of.
By striking from line 2 on page 1 the following:
"in general".
By inserting after the semicolon following the word "limitations" on line 6 of page 1 the following:
"to provide free computerized access to certain information contained on GeorgiaNet;".
By striking from line 10 on page 1 the following:
"Chapter 1 of.
By striking from line 11 of page 1 the following:
"in general".
By striking from line 12 of page 1 the following: "its",
and inserting in lieu thereof the following: "the".
By inserting after the word "end" on line 12 of page 1 the following:
"of Chapter 1 thereof, relating to state government in general,".
By inserting between lines 18 and 19 on page 2 the following:
"SECTION 2. Said title is further amended by striking Code Section 50-25-14, relating to distribution of legislative information by the GeorgiaNet Authority, and inserting in lieu thereof a new Code section to read as follows:
'50-25-14.
(a) The authority shall provide for the distribution in electronic format of the legislative information provided to the authority pursuant to Code Section 28-3-24.1. Such informa tion may be made available in a dial-up bulletin board format or in such other formats as may be determined to be appropriate by the authority.
(b) Such legislative information shall be provided free of charge to the public, including specifically but without limitation Internet users, public schools, their students and fac ulty, and to public libraries and their patrons. However, the GeorgiaNet Authority fe authorized te provide for ad collect charge ef- $260.00 per yea* per computer station te eevef its communication coats. When PeachNet becomes available to an individual school or library, such school or library may have the option of connection to PeachNet and may then receive such legislative information from GeorgiaNet through PeachNet free of charge. For this purpose, "free of charge" may include the provision of legislative information without charge. For this purpose, "public schools" may include all schools operated by this state's local public school systems, all units of the University System of Georgia, and all units of the Department of Technical and Adult Education. For this purpose, "public libraries" may include all city, county, and regional public libraries.'"
By striking from line 19 on page 2 the following:

and inserting in lieu thereof the following: "3".

1324

JOURNAL OF THE HOUSE,

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson YAshe
Y Bailey Y Baker
Y Bannister YBarfoot
Y Bargeron Y Barnard YBames
Y Bates Benefield
Y Birdsong
Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Brooks, T
Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childera Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dinon, H E Diion, S YDobbs YEhrhart
YEpps Y Evans E Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley YHanner Y Harbin
Y Harris 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 Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddoz YMann Y Martin YMcBee
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 Ponder
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 YShanahan
Shaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas YTillman
Y Titus Y Towery YTrense
Turnquest Y Twiggs
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 Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Davis of the 48th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1320.

By Representatives Parham of the 122nd, Murphy of the 18th, Birdsong of the 123rd, Johnson of the 84th, Coleman of the 142nd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relative to general provisions relating to insurance gener ally, so as to provide for diabetes services, treatment, equipment, and sup plies.

The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relative to general provisions relating to insurance generally, so as to provide a require ment for the offering of at least one policy or an endorsement or rider to at least one pol icy which provides coverage for diabetes services, treatment, equipment, and supplies; to

MONDAY, FEBRUARY 26, 1996

1325

provide a requirement for the offering of at least one policy or an endorsement or rider to at least one policy which provides coverage for osteoporosis services, treatment, equip ment, and supplies; to provide for standards; to provide for definitions; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relative to general provisions relating to insurance generally, is amended by adding at the end a new Code section to read as follows:
"33-24-58.
(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 insurer provided health care plan, subscriber contract, or acci dent and sickness plan, contract, or policy by whatever name called other than a dis ability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent cover age, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited accident 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 July 1, 1996, each insurer shall, as a condition of transacting business in this state, offer to persons in this state to whom the insurer markets policies at least one policy or an endorsement or rider to at least one policy which provides coverage for medically appropriate and necessary equipment, supplies, and diabetes outpatient selfmanagement training and educational services used to treat diabetes, if the patient's treating physician or a physician who specializes in the treatment of diabetes certifies that such services are necessary; provided, however, that diabetes outpatient selfmanagement training and educational services must be provided under the direct super vision of a certified diabetes educator, a licensed pharmacist who has completed a diabetes training program certified by the Georgia State Board of Pharmacy, a board certified endocrinologist, or a board certified medical doctor with a specialty interest in diabetes; provided, further, that medical nutrition therapy must be provided by a dietitian licensed under Chapter 11A of Title 43. The Department of Human Resources shall adopt rules and regulations establishing standards for diabetes outpatient selfmanagement training and educational services for purposes of this Code section in accordance with standards established by the American Diabetes Association. (c) Notwithstanding any provisions of this title which might be construed to the con trary, on and after July 1, 1996, each insurer shall, as a condition of transacting business in this state, offer to persons in this state to whom the insurer markets policies at least one policy or an endorsement or rider to at least one policy which provides coverage for medically appropriate and necessary equipment, supplies, and osteoporosis outpatient self-management training and educational services used to treat osteoporosis, if the patient's treating physician or a physician who specializes in the treatment of osteoporosis certifies that such services are necessary; provided, however, that osteoporosis outpatient self-management training and educational services must be pro vided under the direct supervision of a certified osteoporosis educator or a board certi fied medical doctor with a specialty interest in osteoporosis. The Department of Human Resources shall adopt rules and regulations establishing standards for osteoporosis out patient self-management training and educational services for purposes of this Code sec tion in accordance with the provisions of Chapter 42 of Title 31.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

1326

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd
Y Campbell Canty
Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Diion, H
E Dixon, S Y Dobbs YEhrhart YEpps Y Evans E Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Greene Y Grindley
YHanner Y Harbin Y Harris
Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
YLane Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddoz YMann
Y Martin Y McBee
McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill
YShipp 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
YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephengon Y Streat Y Taylor YTeague
Y Teper Y Thomas YTfflman Y Titus Y Towery YTrense
Turnquest YTwiggs
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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Birdsong of the 123rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HR 805. By Representatives Twiggs of the 8th, Purcell of the 9th, Stancil of the 16th, Pinholster of the 15th, Rogers of the 20th and others:
A resolution designating the Southern Highroads Scenic Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Anderson 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

MONDAY, FEBRUARY 26, 1996

1327

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkbalter
YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y ChUders Y Coker Y Coleman, B Y Coleman, T YConnell Y Crawford
Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
E Diion, S YDobbe

YEhrhart YEpps
Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene
Grindley Y Banner Y Harbin Y Harris
Y Heard YHeckstall YHegstrom Y Hembree YHenson Y Holland Y Holmes Y Howard Y Hudson YHugley Ylrvin
Y James Y Jamieson YJenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce

Kaye Y Kinnamon Y Klein YLadd YLakly
Lane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann Martin
YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish
Parsons Y Pelote
Perry Y Pinholster YPolak

Ponder Porter YPoston Y PoweU
Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill YShipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling

Snow YStallings Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson YStreat Y Taylor YTeague YTeper
Y Thomas YTUlman
Y Titus Y Towery YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L
Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
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 1375.

By Representatives Golden of the 177th, Byrd of the 170th, Bates of the 179th, Lewis of the 14th, Snow of the 2nd 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 defini tion of certain terms; to repeal provisions relating to the State-wide Reserve Ratio; to change certain references; to change certain provisions relating to the creation of administrative assessments upon all wages.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the provisions relating to the benefit experi ence and variation from the standard rate; to change the provisions relating to the State wide Reserve Ratio; to change the provisions relating to determination of the weekly benefit amount of an individual's claim; 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 34 of the Official Code of Georgia Annotated, known as the "Employ ment Security Law," is amended by striking subsection (b) of Code Section 34-8-155, relat ing to benefit experience and variations from the standard rate, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any employer who has failed to file all required tax and wage reports, including all such reports of all predecessor employers, by the end of the month following any

1328

JOURNAL OF THE HOUSE,

computation date shall be notified by the department of such failure. If the required tax and wage reports remain unfiled 30 days following notice, the employer will not be eligi ble for a rate computation but shall be assigned the maximum rate allowable after appli cation of the State-wide Reserve Ratio, if computed for such year, as provided in Code Section 34-8-156. Employers having positive reserve accounts will be assigned the maxi mum rate allowable for positive reserve accounts. Employers having deficit reserve accounts will be assigned the maximum rate allowable for deficit reserve accounts. Such rates shall remain effective until the end of the calendar year for which the rates have been assigned."

SECTION 2. Said chapter is further amended by striking in its entirety Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in its place the following:
"34-8-156.
(a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio. (b) For the period on or after January 1, 1990, but prior to January 1, 1995:
(1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Reduction

3.3 percent

3.7

3.7 percent and over

(2) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

2.6 percent Under 2.6 percent

3.0 percent

40 percent 60 percent

{b)(c) For the period on or after January 1, 1995, when but prior to January lj 1997: (1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Reduction

3.3 percent 3.7 percent and over

3.7 percent

40 percent 50 percent

When the State-wide Reserve Ratio, as calculated above, is less than 3.0 per cent, there shall be an overall increase in the rate, as of the computation date, for

MONDAY, FEBRUARY 26, 1996

1329

each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

2.6 percent Under 2.6 percent

3.0 percent

40 percent 50 percent

) For the period on or after January 1997: (1) When the State-wide Reserve Ratio, as computed above, is 3.0 ercent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Reduction

3.0 percent 3.6 percent and over

3.6 percent

25 percent 50 percent

(2) When the State-wide Reserve Ratio, as calculated above, is less than 2.6 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.8 percent Under 1.8 percent

25 percent 50 percent

The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions."

SECTION 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-193, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
(1) For claims filed on or after July 1, 1983, but before July 1, 1985, the maximum weekly benefit amount shall not exceed $125.00; (2) For claims filed on or after July 1, 1985, but before July 1, 1986, the maximum weekly benefit amount shall not exceed $135.00; (3) For claims filed on or after July 1, 1986, but before July 1, 1987, the maximum weekly benefit amount shall not exceed $145.00; (4) For claims filed on or after July 1, 1987, but before July 1, 1988, the maximum weekly benefit amount shall not exceed $155.00; (5) For claims filed on or after July 1, 1988, but before July 1, 1989, the maximum weekly benefit amount shall not exceed $165.00; (6) For claims filed on or after July 1, 1989, but before July 1, 1990, the maximum weekly benefit amount shall not exceed $175.00; (7) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (8) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; and

1330

JOURNAL OF THE HOUSE,

(9) For claims filed on or after July 1, 1995, but before July lj 1996, the maximum weekly benefit amount shall not exceed $205.00] and (10) For claims filed on or after July 1^ 1996, the maximum weekly benefit amount shall not exceed $215.00."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon Y Ashe Y Bailey
Baker Y Bannister YBarfoot YBargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChannell Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell 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
E Dixon, S Y Dobbs YEhrhart
YEpps Evans Falls
Y Felton
Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall N 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 YLifsey YLord Y Lucas
Maddox YMann
Martin Y McBee YMcCall Y McClinton
McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller YO'Neal NOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Ponder 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 YScoggins 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

Y Smith, W
YSmyre Y SneUing
YSnow YStaffings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor NTeague YTeper Y Thomas YTillman Y Titus Y Towery YTrense
Tumquest YTwiggs
Walker, L Y Walker, R.L YWall
Y Watson Y Watts Y Westmoreland YWhitaker 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, the ayes were 161, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

MONDAY, FEBRUARY 26, 1996

1331

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 Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister Y Baribot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childers YCoker Y Coleman, B Y Coleman, T Y Cornell Y Crawford

Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dixon, H
E Dixon, S YDobbs YEhrhart YEpps
Evans Y Falls
Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree YHenson 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 YLakly YLane
Y Lawrence YLee Y Lewis
Lifsey
YLord Y 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 YOrrock YParham

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster Y Polak
Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Y Reichert Roberts Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill YShipp Y Simpaon 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 YStallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Turnquest
YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson
Watts Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1429.

By Representative Childers of the 13th:
A bill to amend Code Section 43-20-4 of the Official Code of Georgia Anno tated, relating to the State Board of Hearing Aid Dealers and Dispensers, so as to change provisions relating to 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 roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Baker
Bannister YBarfoot
Bargeron YBarnard YBarnes Y Bates Y Benefield Y Birdsong

Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck 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 Y Crawford Y Crews
Y Culbreth Y Cummings

Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dixon, H E Dixon, S Y Dobbs YEhrhart YEpps
Evans Y Falls

Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard YHeckstall Y Hegstrom

1332

JOURNAL OF THE HOUSE,

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
Lakly YLane Y Lawrence

YLee Y Lewis
Lifsey Lord Y Lucas
Y Maddox YMann
Martin YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J YMosley Y Mueller Y O'Neal YOrrock YParham YParrish
Parsons Y Pelote

Y Perry Y Pinholster YPolak
Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y SherriU

YShipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W
YSmyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P
Y Stephenson Y Streat Y Taylor YTeague

Y Teper Y Thomas YTilhnan Y Titus Y Towery Y Trense Y Turnquest YTwiggs
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 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1359.

By Representatives Holmes of the 53rd, McKinney of the 51st, White of the 161st, Ashe of the 46th, Brooks of the 54th and others:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for office, so as to repeal the provision prohibiting county and municipal governments from requiring residence as a condition for employ ment; to repeal certain provisions relating to administration of local employee merit systems.

The following amendment was read and ruled not germane:

Representative Ehrhart of the 36th moves to amend HB 1359 as follows: On lines 14, 15 "by striking Code Section 45-2-5" Strike "Reserved" on line 29 add on line 29
No municipal or county government in this state shall use race, color, gender or national origin as a criterion for granting preference or advantage in employment. Strike Sections 2, 3.

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 Alien Y Anderson Y Ashe Y Bailey Y Baker N Bannister NBarfoot Y Bargeron N Barnard N Barnes N Bates

Y Benefield N Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush NBuck N Buckner

NBunn N Burkhalter NByrd N Campbell Y Canty N Carter N Chambless N ChanneU N Childers N Coker N Coleman, B

Coleman, T N Connell
N Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay Y DeLoach, B N DeLoach, G

NDix N Diion, H E Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton N Floyd YGodbee

MONDAY, FEBRUARY 26, 1996

1333

N Golden YGoodwin YGreene N Grindley N Manner N Harbin N Harris Y Heard YHeckstall
Y Hegstrom N Hembree YHenson Y Holland Y Holmes Y Howard N Hudson Y Hugley NIrvin Y James N Jamieson
Jenkins N Johnson, G N Johnson, J N Johnston Y Jones

N Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane N Lawrence YLee N Lewis N Lifsey
NLord Y Lucas N Maddox NMann Y Martin
NMcBee NMcCall
Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller

Y O'Neal YOrrock N Parham N Parrish N Parsons Y Pelote N Perry N Pinholster YPolak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B YRandall Y Randolph NRay N Reaves Y Reichert Y Roberts Y Rogers N Royal
N Sanders N Sauder

N Scoggins N Shanahan
NShaw Y Sherrffl
N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, P
Smith, T N Smith, V N Smith, W YSmyre N Snelling NSnow Y Stafflngs Y Stancil, F N Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson
N Streat

Y Taylor YTeague NTeper Y Thomas Y Tillman N Titus
N Towery
N Trense Y Tumquest
Twiggs Walker, L
N Walker, R.L N Wall
Y Watson Watts
N Westmorland Whitaker White
N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 61, nays 109. The Bill, having failed to receive the requisite constitutional majority, was lost.

By unanimous consent, HB 1589 was postponed until tomorrow.

HB 1202.

By Representatives Godbee of the 145th, Purcell of the 147th and Smith of the 175th:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to educational capital funding, so as to change a definition; to change the provisions relating to additional funding for school systems hav ing exceptional growth.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister NBarfoot Y Bargeron Y Barnard Y Barnes N Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T
N Brown, J Y Brush YBuck Y Buckner Y Bunn
Burkhalter NByrd

Y Campbell N Canty Y Carter Y Chambless N Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford
Y Crews N Culbreth Y Cummings Y Davis, G Y Davis, M
NDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H E Dixon, S Y Dobbs YEhrhart NEpps

Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwill Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson N Holland Y Holmes Y Howard Y Hudson N Hugley Ylrvin Y James Y Jamieson

N Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis N Lifsey YLord Y Lucas Y Maddox NMann Y Martin
Y McBee NMcCall Y McClinton
McKinney

Y Mills Y Mobley, B Y Mobley, J
N Mosley N Mueller Y O'Neal YOrrock Y Parham N Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak N Ponder Y Porter Y Poston N Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert

1334

JOURNAL OF THE HOUSE,

N Roberts Y Rogers Y Royal Y Sanders YSauder YScoggins Y Shaaahan NShaw YSherrill YShipp Y Simpson

Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T N Smith, V N Smith, W YSmyre Y Snelling

Y Snow Y Sellings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P N Stephenson Y Streat
Taylor Y Teague Y Teper

Thomas N Tfflman Y Titus Y Towery Y Trense
Turnquest N Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson

Y Watts Y Westmorland N Whitaker
White Y Wiles Y Williams, B Y Williams, J N Williams, R Y Woods N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 135, nays 34. The Bill, having received the requisite constitutional majority, was passed.

Representative Lifsey of the 6th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Taylor of the 134th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay"
thereon.

Representative Holmes of the 53rd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority
to HB 1359.

HB 1519.

By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official folk dance of the State of Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien YAnderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong N Bordeaux YBostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, J Y Brush YBuck YBuckner YBunn
Burkhalter YByrd Y Campbell Y Canty Y Carter YChambless

Y Channell N Childere YCoker N Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H E Dixon, S Y Dobbs
Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene

Y Grindley Y Hanner Y Harbin Y Harris Y Heard Y HeckstaU Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hugley Y Irvin N James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J YJohnston N 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 Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter

Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw YSherrill Y Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W

MONDAY, FEBRUARY 26, 1996

1335

Y Smyre YSnelling YSnow YStallings
Y Stancil, F Y Stancil, S N Stanley, L

N Stanley, P Y Stephenson Y Stoat N Taylor YTeague YTeper
Thomas

YTillman Y Titus Y Towery YTrense
Turnquest YTwiggs
Walker, L

Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Whi taker White

Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 153, nays 12. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Thompson of the 33rd, Langford of the 29th and Hill of the 4th.

The following Resolutions of the House were read and adopted:

HR 1092. By Representatives Ray of the 128th and James of the 140th: A resolution commending coach L. J. "Stan" Lomax.

HR 1100. By Representatives Hugley of the 133rd, Taylor of the 134th, Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th and others:
A resolution commending Madeline T. Smith.

HR 1101. By Representatives Hugley of the 133rd, Taylor of the 134th, Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th and others:
A resolution commending Vicky Boyd Partin.

HR 1102. By Representatives Hugley of the 133rd, Taylor of the 134th, Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th and others:
A resolution commending Agnes Buckner Evans.

The following Resolutions of the House, favorably reported by the Committee on Rules were read and adopted:

1336

JOURNAL OF THE HOUSE,

HR 1037.

By Representatives Smyre of the 136th, Murphy of the 18th, Buck of the 135th, Taylor of the 134th, Hugley of the 133rd and others:
A resolution commending Honorable Sanford D. Bishop, Jr., and inviting him to appear before the House of Representatives.

HR 1089. By Representatives Ray of the 128th and James of the 140th:
A resolution commending the Georgia Peach Festival and inviting Ms. Susan Jordan to appear before the House of Representatives.

The following Resolution of the House, was read and referred to the Committee on Rules:

HR 1103.

By Representative Dixon of the 150th:
A resolution recognizing and commending Chairman Tommy I. Brunson, Grand Marshal Michael F. Ryan, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House or Representatives.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1760 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1265 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Smith of the 109th District, Vice-Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:

MONDAY, FEBRUARY 26, 1996

1337

SB 574 Do Pass SB 625 Do Pass

Respectfully submitted, M Smith of the 109th
Vice-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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1122 Do Pass, by Substitute HB 1285 Do Pass, by Substitute

HB 1323 Do Pass, by Substitute HR 1091 Do Pass, by Substitute

Respectfully submitted, Is/ Chambless of the 163rd
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1046 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1585 Do Pass HB 1737 Do Pass, as Amended

SB 566 Do Pass, by Substitute SB 671 Do Pass, as Amended

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

1338

JOURNAL OF THE HOUSE,

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 6 Do Pass, by Substitute HB 1101 Do Pass, by Substitute

HB 1773 Do Pass HB 1774 Do Pass, by Substitute

Respectfully submitted, 1*1 Buck of the 135th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 27, 1996

1339

Representative Hall, Atlanta, Georgia Tuesday, February 27, 1996

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:

Alien
Anderson Ashe
Baker
Bannister
Bargeron Barnard Barnes
Bates Birdsong Bostick
Breedlove Brooks, D Brooks, T Burkhalter
Byrd Campbell Canty Carter Chambless Channell Coker Coleman, B Connell
Crawford Crews

Culbreth Davis, G
Davis, M DeLoach, B DeLoach, G Dii Dixon, H
Dobbs Ehrhart Epps Falls Felton Floyd Godbee Golden Goodwin Greene Grindley
Hanner
Harbin Harris
Heard Hegstrom Henson Holland Holmes

Howard Hudson Hugley James Johnson, G Johnson, J Johnston Jones Kaye Kinnamon Klein Ladd Lakly
Lane
Lee
Lewis
Lifsey
Lord
Maddoi
Mann
McBee
Mills
Mobley, J
Mosley
O'Neal

Parsons Pelote Perry Pinholster Ponder Purcell, A Purcell, B Randolph Ray Reaves Reichert Roberts Rogers
Sanders
Sauder
Shanahan
Shaw Sherrill
Shipp
Simpson
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P

Smith, T Smith, V Snow StaUings Stancil, F Streat Taylor Teper Thomas Tillman 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 Brush of the 112th, Bunn of the 74th, Benefield of the 96th, Jamieson of the 22nd, Stancil of the 16th, Brown of the 130th, Buck of the 135th, Lawrence of the 64th, Royal of the 164th, Dixon of the 150th, McCall of the 90th, Titus of the 180th, Mar tin of the 47th, Powell of the 23rd, Hembree of the 98th, Poston of the 3rd, Day of the 153rd, Polak of the 67th, Mobley of the 69th, Teague of the 58th, Coleman of the 142nd, Parrish of the 144th, Childers of the 13th, McClinton of the 68th, Bordeaux of the 151st, Cummings of the 27th, Sinkfield of the 57th, Lucas of the 124th, Evans of the 28th, Turnquest of the 73rd, McKinney of the 51st, Smyre of the 136th, Buckner of the 95th, Williams of the 83rd, Bailey of the 93rd, Heckstall of the 55th, Irvin of the 45th and Jenkins of the 110th.
They wish to be recorded as present.

The following communication was received:

House of Representatives Legislative Office Building, Room 601
Atlanta, Georgia 30334

MEMORANDUM

February 26, 1996

TO:

Hon. Thomas B. Murphy

FROM: Rep. Tom Sherrill

1340

JOURNAL OF THE HOUSE,

Mr. Speaker: Due to my father-in-law undergoing an extremely serious operation on Tuesday, February 27, I request that I be excused from that day's proceedings so that I may be with my wife and our family.
Thank you.
TS/df

Prayer was offered by Dr. Larry Summerour, Pastor, Elizabeth Lee Methodist Church, Chickamauga, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

Pursuant to Rule 58, Representative Kaye of the 37th served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on Appropriations to report the following Bill back to the House:

HB 1104. By Representatives Kaye of the 37th, Joyce of the 1st, Woods of the 32nd, Mills of the 21st, Yates of the 106th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to change who may review certain budget requests and make certain budget unit object class transfers.

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 1794. By Representatives Williams of the 114th, Lucas of the 124th and Falls of the 125th:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers and "spot" insurance, so as to change provisions relating to self-insurance for taxicab operators.
Referred to the Committee on Insurance.

TUESDAY, FEBRUARY 27, 1996

1341

HB 1795. By Representative Bostick of the 165th:
A bill to amend an Act creating a new charter for the City of Ty Ty, so as to permit holders of elective office to serve on local boards, commissions, or authorities in certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1796. By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Duluth," so as to amend the description of the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1797. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide for one additional full-time magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1798. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that district who are totally disabled and whose annual net income does not exceed $20,000.00 and pro vide for conditions and procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1799. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Talbot County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1800. By Representative Parham of the 122nd:
A bill to amend Chapter 4 of Title 38 of the Official Code of Georgia Anno tated, relating to veterans affairs, so as to create the Veterans Affairs Over view Committee as a joint committee of the General Assembly.
Referred to the Committee on Rules.

HB 1801. By Representatives Bunn of the 74th, Klein of the 39th, Smith of the 174th, Hembree of the 98th, Brown of the 130th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the penalties for certain felonies involving fraud ulent practices in connection with voting and the conduct of primaries and elections.
Referred to the Committee on Governmental Affairs.

1342

JOURNAL OF THE HOUSE,

HB 1802. By Representative Lakly of the 105th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to provide that certain private waste water treatment companies shall be subject to the authority of the Public Service Commission.
Referred to the Committee on Industry.

HB 1806. By Representative Godbee of the 145th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to create the "Academic Advancement Act"; to provide for state grants to be awarded to public elementary and secondary schools to assist such schools with high concentration of at-risk students to plan and implement a school improvement program.
Referred to the Committee on Education.

HB 1807. By Representatives Thomas of the 148th, Day of the 153rd, Mueller of the 152nd and Pelote of the 149th:
A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, so as to provide that certain tax exempt organizations which acquire real property for rehabilitation and sale to lower income fami lies shall be exempt from ad valorem taxation upon such property under cer tain conditions.
Referred to the Committee on Ways & Means.

HB 1808. By Representatives Thomas of the 148th, Day of the 153rd, Mueller of the 152nd and Pelote of the 149th:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions regarding property, so as to provide for civil actions against certain owners or lessors of property upon which certain illegal activities occur.
Referred to the Committee on Special Judiciary.

HB 1809. By Representatives Thomas of the 148th, Day of the 153rd, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to prohibit lease provisions and retaliatory evictions based upon the reporting of housing or building code violations.
Referred to the Committee on Special Judiciary.

HB 1810. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner and deputy coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 27, 1996

1343

HB 1811. By Representatives Mosley of the 171st and Smith of the 169th: A bill to provide a new charter for the City of Offerman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1812. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the number of councilmembers which constitute a quorum authorized to transact city business and the number of votes nec essary to adopt ordinances and resolutions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1813. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act providing a new charter for the City of Good Hope, in the County of Walton, so as to change the terms of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1814. By Representatives Harris of the 17th and Stancil of the 16th:
A bill to amend an Act reincorporating and recreating the City of Woodstock, so as to provide for additional powers, duties, and authority of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1815. By Representatives Sauder of the 29th, Towery of the 30th, Parsons of the 40th, Klein of the 39th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the chief judge and judges of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1816. By Representative Barfoot of the 155th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Toombs County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1817. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, and the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1818. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the compensation for members of the board of com missioners.
Referred to the Committee on State Planning & Community Affairs - Local.

1344

JOURNAL OF THE HOUSE,

HB 1819. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1820. By Representative Channell of the lllth:
A bill to provide for compensation for the judge of the state court of Putnam County, the solicitor of the state court of Putnam County, and the clerk of the state court of Putnam County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1821. By Representative Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Put nam County, so as to change provisions relating to compensation for the chief magistrate, the senior magistrate, the junior magistrate, and the magis trate clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1822. By Representative Bargeron of the 120th: A bill to reconstitute the Board of Education of Glascock County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1823. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1824. By Representatives Kinnamon of the 4th, Mann of the 5th, Golden of the 177th and Perry of the llth:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a 16 year old shall be tried as an adult if he or she has dropped out of school and committed a crime.
Referred to the Committee on Judiciary.

HB 1825. By Representatives Barnes of the 33rd 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 lia bility and limit of liability for resident physicians participating in residency training programs; to provide for exceptions; to require the operators of the residency training programs to purchase or provide liability insurance protec tion.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 27, 1996

1345

HB 1826. By Representatives Grindley of the 35th, Klein of the 39th, Snelling of the 99th, Crews of the 78th, Pinholster of the 15th and others:
A bill to amend Code Section 50-27-23 of the Official Code of Georgia Anno tated, relating to restrictions on sales of lottery tickets, so as to raise the minimum age to purchase a ticket from 18 to 21.
Referred to the Committee on Industry.

HB 1827. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Warwick," so as to change the salary of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1828. 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 1829. By Representative Holland of the 157th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Turner County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1830. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law," so as to abolish such office.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1093. By Representatives Perry of the llth, Walker of the 141st, Murphy of the 18th and Watts of the 26th:
A resolution designating the Georgia Bureau of Investigation crime labora tory in Chattooga County as the John Frank McConnell Crime Laboratory.
Referred to the Committee on State Institutions & Property.

HR 1094. By Representatives Polak of the 67th, Sherrill of the 62nd, Shanahan of the 10th, Smith of the 175th, McBee of the 88th and others:
A resolution creating the House Electronic Filing and Publication Study Committee.
Referred to the Committee on Rules.

HR 1095. By Representative Smith of the 109th: A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

1346

JOURNAL OF THE HOUSE,

HR 1096. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th, Sherrill of the 62nd, Davis of the 60th and others:
A resolution re-creating the Joint Study Committee on DeKalb County's Form of Government.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1097. By Representatives Barnard of the 154th, DeLoach of the 172nd, Snelling of the 99th, Smith of the 19th, Brown of the 130th and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

HR 1098. By Representatives Klein of the 39th, Maddox of the 108th, Ladd of the 59th, Bunn of the 74th, Sanders of the 107th and others:
A resolution proposing an amendment to the Constitution so as to provide for the jurisdiction, powers, and duties of state-wide grand juries.
Referred to the Committee on Judiciary.

HR 1099. By Representatives Shanahan of the 10th, Murphy of the 18th, Lee of the 94th, Benefield of the 96th, Coleman of the 142nd and others:
A resolution urging each cable television company doing business in the State of Georgia to make available to its subscribers live coverage of the legislative proceedings of the General Assembly.
Referred to the Committee on Rules.

HR 1104. By Representatives Johnston of the 81st, Coleman of the 142nd and Lifsey of the 6th:
A resolution strongly urging the Board of Regents to promulgate policies, rules, and regulations ensuring Georgia residents priority in admission to units of the University System of Georgia.
Referred to the Committee on University System of Georgia.

HR 1105. By Representatives Johnson of the 97th, Hembree of the 98th, Snelling of the 99th, Bannister of the 77th, Davis of the 60th and others:
A resolution proposing an amendment to the Constitution so as to abolish the State Board of Pardons and Paroles; to provide that the power of execu tive clemency, including the power to pardon, to parole, and to commute a sentence, shall be vested exclusively in the Governor.
Referred to the Committee on State Institutions & Property.

HR 1109. By Representative Streat of the 167th: A resolution designating the Lewis C. Adams, Jr., Bridge.
Referred to the Committee on Transportation.

TUESDAY, FEBRUARY 27, 1996

1347

HR 1110. By Representatives Golden of the 177th, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd, Lane of the 146th and others:
A resolution creating the Employment Security Law Study Committee and providing for the powers and duties of such study committee.
Referred to the Committee on Rules.

HR 1111. By Representatives Coleman of the 142nd, Barnes of the 33rd, Lane of the 146th, Hudson of the 156th, Coleman of the 80th and others:
A resolution proposing an amendment to the Constitution so as to provide that the board of regents shall require every unit of the University System of Georgia to reserve 80 percent of the class enrollment authorized for under graduate, graduate, and professional programs for students who are residents of Georgia.
Referred to the Committee on University System of Georgia.

HR 1129. By Representatives Dobbs of the 92nd, Coleman of the 142nd, Buck of the 135th, Hanner of the 159th, Porter of the 143rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law establish a State Land Trust.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1786 HB 1787 HB 1788 HB 1790 HB 1791 HB 1792 HB 1793 HB 1803 HB 1804 HB 1805

HR 1085 HR 1086 HR 1087 HR 1090 HR 1091 SB 635 SB 669 SB 674 SB 705 SB 734

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1192 Do Pass, by Substitute
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:

1348

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1762 Do Pass HB 1766 Do Pass HB 1768 Do Pass HB 1769 Do Pass HB 1772 Do Pass HB 1775 Do Pass

HB 1776 Do Pass HB 1777 Do Pass HB 1779 Do Pass HB 1780 Do Pass HB 1781 Do Pass HB 1784 Do Pass

Respectfully submitted, M Royal of the 164th
Chairman

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 583 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 1103 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1754 Do Pass HB 1785 Do Pass

SB 71 Do Pass, by Substitute SB 516 Do Pass

TUESDAY, FEBRUARY 27, 1996

1349

Respectfully submitted, /s/ Godbee of the 145th
Chairman
Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1381 Do Pass, by Substitute HB 1789 Do Pass SB 610 Do Pass, as Amended
Respectfully submitted, /s/ Randall of the 127th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 27, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enu merated below:

HB 1076 HB 1222 HB 1362 HB 1401 HB 1556 HB 1586 HB 1625 HB 1643 HB 1655 HB 1723

Private residences; handicapped accessibility Alcoholic beverages; residential community development districts Schools; alcohol and drug course; instructors State courts of counties; judges; compensation Municipal charter repealed by operation of law; reincorporation Sales tax; dealers' returns; annual filing Distilled spirits and wine; prohibit sale below cost Traffic offenses; homicide by interference w/device, sign, signal Nursing homes; registered nurses pronounce death Elections; absentee voting; restrictions

HR 946 Rabun County; lease property HR 1032 Blue Ribbon Comm on the General Assembly of Georgia; create

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1762.

By Representatives Golden of the 177th, Bates of the 179th, Titus of the 180th, Carter of the 166th, Bostick of the 165th and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement.

1350

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1766. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salary of the solicitor of such court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1768. By Representative Barnard of the 154th: A bill to reincorporate the City of Bellville; to provide a new charter.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1769.

By Representatives Golden of the 177th, Reaves of the 178th and Shaw of the 176th:
A bill to repeal an Act approved March 20, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitu tional amendment duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1772. By Representatives Coleman of the 80th and Goodwin of the 79th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1775.

By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Thomas County," so as to provide for the filling of vacancies on such board of commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1776.

By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act providing a new charter for the City of Blakely, so as to repeal certain provisions relating to the city administrator; to repeal certain provisions relating to council interference with administration.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 27, 1996

1351

HB 1777. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to abolish the office of elected county surveyor of Spalding County; to provide for appointment of a county surveyor by the governing authority of Spalding County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1779. By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act providing for the election of the Board of Commis sioners of Schley County, so as to change the compensation of the chairman and members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1780. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1781. By Representative Birdsong of the 123rd: A bill to create a board of elections and registration in Wilkinson County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1784. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to create the Americus Theater and Cultural Center Authority.

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister
Baifoot Y Bargeron Y Barnard YBaraes Y Bates Y Benefield Y Birdsong
Y Bordeaux

Y Bortick Y Breedlove
Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner Y Bunn Y Burkbalter YByrd Y Campbell Y Canty Y Carter

Y Chambless YChanneU Y Childers Y Coker Y Coleman, B Y Coleman, T
Y Cornell Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay

Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y DUon, S YDobbs YEhrhart YEpps
Evans Y Falls
Y Felton Y Floyd YGodbee Y Golden

Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Y Heard Hecks tall
YHegstrom Y Hembree YHenson Y Holland Y Holmes Y Howard

1352

JOURNAL OF THE HOUSE,

Y Hudson Y Hugley Ylrvin 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 Y Lawrence YLee Y Lewis YLifsey YLord

Y Lucas Y Maddoi YMann YMartin YMcBee YMcCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J YMosley Y MueUer YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Pinholster YPolak

Y Ponder 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 YShanahan YShaw Y Sherrill YShipp Y Simpson

Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W YSmyre E Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P
Stephenson S treat Y Taylor
Teague YTeper

Y Thomas YTillman Y Titus
Y Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L YWall
Y Watson Y Watts
Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Williams, J
Y Williams, R
Y Woods YYates
Murphy, Spkr

On the passage of the Bills, the ayes were 158, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 733. By Senator Farrow of the 54th:
A bill to be entitled an Act to provide a new charter for the City of Fort Oglethorpe; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.

SB 738. By Senators Farrow of the 54th and Black of the 53rd:
A bill to repeal an Act providing for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide that juvenile cases in Whitfield County may be heard either by a judge of the superior court or by one or more sepa rately appointed judges of the juvenile courts.

SB 740. By Senators Clay of the 37th and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.

HB 1514. By Representative Heckstall of the 55th:
A bill to amend an Act establishing a new charter for the City of College Park, so as to change the salaries of the mayor and councilmembers.

TUESDAY, FEBRUARY 27, 1996

1353

HB 1673.

By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law.

HB 1674. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to create the Troup Family Connection Authority.

HB 1679.

By Representatives Floyd of the 138th, James of the 140th and Walker of the 141st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Dooly County during the four-month nonstaggered registration period from January 1 through April 30 as pro vided by law.

HB 1680.

By Representatives Perry of the llth and Smith of the 12th:
A bill to amend an Act providing for the filling of vacancies in the member ship of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies.

HB 1692.

By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.

SB 687. By Senators Crotts of the 17th, Balfour of the 9th, Cagle of the 49th and others:
A bill to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to unlawful acts relative to the Georgia Medical Assist ance Act of 1977, so as to provide that any person convicted of violating such Act shall be forever barred from participating in such Act.
SB 703. By Senators Hooks of the 14th, Ray of the 19th, Perdue of the 18th and oth ers:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions governing financial affairs, and Part 4 of Article 4 of Chapter 12 of Title 45, relating to state planning and development, so as to coordinate certain provisions relating to budgetary oversight; to provide for review and evaluation of state government programs and functions by the Budgetary Responsibility Oversight Committee.
SB 737. By Senators Gillis of the 20th, Dean of the 31st, Broun of the 46th and oth ers:
A bill to amend Code Section 50-12-45 of the Official Code of Georgia Anno tated, relating to the power of the Georgia State Games Commission to authorize a direct-support organization to assist in the operation of the Geor gia State Games, so as to authorize the Georgia State Games Commission to incorporate one or more nonprofit corporations.

1354

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the following resolu tions of the Senate:

SR 497. By Senator Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to provide for the creation of community improvement districts with the consent of the owners of all property to be included within such community improvement district and to remove certain restrictions upon the power of an administra tive body of a community improvement district to levy taxes; to provide for the submission of this amendment for ratification or rejection.

SR 504. By Senators Langford of the 29th, Land of the 16th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly may provide that certain fines and penal ties shall be paid into such fund; to provide for submission of this amend ment for ratification or rejection.

SR 569. By Senator Langford of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Troup County.

SR 578. By Senator Cagle of the 49th:
A resolution to create the Gainesville-Hall County Task Force on Govern mental Unification.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 687. By Senators Crotts of the 17th, Balfour of the 9th, Cagle of the 49th and others:
A bill to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to unlawful acts relative to the Georgia Medical Assist ance Act of 1977, so as to provide that any person convicted of violating such Act shall be forever barred from participating in such Act.
Referred to the Committee on Health & Ecology.

SB 703. By Senators Hooks of the 14th, Ray of the 19th, Perdue of the 18th and oth ers:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions governing financial affairs, and Part 4 of Article 4 of Chapter 12 of Title 45, relating to state planning and development, so as to coordinate certain provisions relating to budgetary oversight; to provide for review and evaluation of state government programs and functions by the Budgetary Responsibility Oversight Committee.
Referred to the Committee on Appropriations.

TUESDAY, FEBRUARY 27, 1996

1355

SB 733. By Senator Farrow of the 54th:
A bill to be entitled an Act to provide a new charter for the City of Fort Oglethorpe; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 737. By Senators Gillis of the 20th, Dean of the 31st, Broun of the 46th and oth ers:
A bill to amend Code Section 50-12-45 of the Official Code of Georgia Anno tated, relating to the power of the Georgia State Games Commission to authorize a direct-support organization to assist in the operation of the Geor gia State Games, so as to authorize the Georgia State Games Commission to incorporate one or more nonprofit corporations.
Referred to the Committee on State Planning & Community Affairs.

SB 738. By Senators Farrow of the 54th and Black of the 53rd:
A bill to repeal an Act providing for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide that juvenile cases in Whitfield County may be heard either by a judge of the superior court or by one or more sepa rately appointed judges of the juvenile courts.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 740. By Senators Clay of the 37th and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 497. By Senator Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to provide for the creation of community improvement districts with the consent of the owners of all property to be included within such community improvement district and to remove certain restrictions upon the power of an administra tive body of a community improvement district to levy taxes; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

SR 504. By Senators Langford of the 29th, Land of the 16th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly may provide that certain fines and penal ties shall be paid into such fund; to provide for submission of this amend ment for ratification or rejection.
Referred to the Committee on Appropriations.

1356

JOURNAL OF THE HOUSE,

SR 569. By Senator Langford of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Troup County.
Referred to the Committee on State Institutions & Property.

SR 578. By Senator Cagle of the 49th:
A resolution to create the Gainesville-Hall County Task Force on Govern mental Unification.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Holmes of the 53rd moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 1359.

By Representatives Holmes of the 53rd, McKinney of the 51st, White of the 161st, Ashe of the 46th, Brooks of the 54th and others:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for office, so as to repeal the provision prohibiting county and municipal governments from requiring residence as a condition for employ ment; to repeal certain provisions relating to administration of local employee merit systems.

On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Andenon Y Ashe Y Bailey Y Baker N Bannister NBarfoot N Bargeron
Barnard NBarnes
Bates Y Benefield NBirdsong Y Bordeaux N Bostick N Breedlove
Brooks, D Y Brooks, T N Brown, J N Brush YBuck
Buckner NBunn
Burkhalter YByrd N Campbell Y Canty N Carter N Chambless N Channel! Y Childers N Coker N Coleman, B
Coleman, T Y Connell
Crawford

N Crews Y Culbreth
Cununings Y Davis, G N Davis, M NDay Y DeLoach, B
N DeLoach, G NDU Y Diion, H Y Dixon, S
Y Dobbs NEhrhart
YEpps N Evans N Falls
N Felton N Floyd NGodbee N Golden YGoodwin N Greene N Grindley N Hanner N Harbin N Harris Y Heard Y Heckstall
Hegstrom N Hembree Y Henson N Holland Y Holmes Y Howard
N Hudson Y Hugley

NIrvin Y James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston Y Jones
Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane N Lawrence YLee N Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin Y McBee NMcCall
McClinton Y McKinney N Mills
Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal YOrrock NParham

On the motion, the ayes were 66, nays 93.

N Parrish Y Parsons Y Pelote N Perry N Pinholster YPolak N Ponder
Porter YPoston Y Powell N Purcell, A N Purcell, B YRandall Y Randolph NRay N Reaves Y Reichert Y Roberts Y Rogers N Royal N Sanders N Sauder
N Shanahan NShaw Y Sherrill N Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T N Smith, V

N Smith, W YSmyre E Snelling
Snow YStaUings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor YTeague Y Teper Y Thomas YTillman N Titus N Towery N Trense
Turnquest YTwiggs N Walker, L N Walker, R.L NWall Y Watson
Watts N Westmorland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods NYates
Murphy, Spkr

TUESDAY, FEBRUARY 27, 1996

1357

The motion was lost.

Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House, were read and referred to the Committee on Rules:

HR 1106.

By Representatives Jones of the 71st, Lawrence of the 64th and Henson of the 65th:
A resolution commending Oluwamuyiwa Olubuyide and inviting him to appear before the House of Representatives.

HR 1107.

By Representative Jones of the 71st:
A resolution commending Mr. Vance Harper and the employees of Nick's Barber Shop and inviting Mr. Vance Harper and the employees of Nick's Barber Shop to appear before the House of Representatives.

HR 1108. By Representatives Jones of the 71st, Henson of the 65th, Lawrence of the 64th and Baker of the 70th:
A resolution commending Saloni Saraiya and inviting her to appear before the House of Representatives.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1103. By Representative Dixon of the 150th:
A resolution recognizing and commending Chairman Tommy I. Brunson, Grand Marshal Michael F. Ryan, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House or Representatives.

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 Health and Ecology:

SB 705. By Senators Madden of the 47th and Marable of the 52nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the prohibitions against using certain titles and designations; to change the provisions relating to eli gibility for licensure; to change the provisions regarding licensure in marriage and family counseling; to provide for associate marriage and family therapists.

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:

1358

JOURNAL OF THE HOUSE,

HB 1589.

By Representatives Dixon of the 150th, Mosley of the 171st, Johnson of the 84th, Purcell of the 147th, Reaves of the 178th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an ad valorem property tax exemption for property used in or as a part of certain water conservation facilities; to provide for income tax credits for water conservation facilities and qualified water conservation investment property and for shifts from ground-water usage.

The following Committee substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and tax ation, so as to provide for income tax credits for water conservation facilities and qualified water conservation investment property and for shifts from ground-water usage; to provide for definitions and the terms, conditions, and procedures relating to such credit; to provide for a sales and use tax exemption for the sale of certain water conservation investment property; to provide for an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding immediately following Code Section 48-7-40.1, relating to certain income tax credits, new Code sections to read as follows:
"48-7-40.10.
(a) As used in this Code section, the term: (1) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, in a minimum 10 percent relinquishment or transfer of annual permitted water usage from existing ground-water sources. (2) 'Qualified water conservation investment property' means: (A) All real and personal property purchased or acquired by a taxpayer for use in the modification to existing manufacturing processes located in this state; and (B) The construction of a new water conservation facility or the expansion of an existing water conservation facility located in this state, including but not limited to amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the water conservation facility, if such modification, construction, or expansion has been certified by the Georgia Department of Natural Resources as necessary and adequate for the purposes intended and such modification, construction, or expansion results in a minimum 10 percent relinquishment or transfer of annual permitted water usage from existing ground-water sources. (3) 'Water conservation' means a minimum 10 percent relinquishment or transfer of annual permitted water usage from existing ground-water sources due to increased manufacturing process efficiencies or recycling of manufacturing process water which results in reduced ground-water usage, or a change from a ground-water source to a surface water source. (4) 'Water conservation facility' means any facility including land, improvements to land, buildings, building improvements, and any machinery and equipment used in the water conservation process resulting in a minimum 10 percent relinquishment or transfer of annual permitted water usage from existing ground-water sources, provided that up to 10 percent of any building that is a component of a water conservation facility may be used for office space to house support staff for the operation.

TUESDAY, FEBRUARY 27, 1996

1359

(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 financially participates in the construction of a water conservation facility or qualified water conservation investment property in this state, there shall be allowed a credit against the tax imposed under this article with a maximum carry forward of ten years following the taxable year the water conservation facility or qualified water conservation investment property is first placed in service. The amount of such credit shall be com
puted as follows: (1) The amount of the credit allowed under this Code section shall be 10 percent of the taxpayer's cost of the water conservation facility or all qualified water conserva tion investment property first placed in service during a taxable year; and (2) The annual amount of the credit provided for under this Code section shall not exceed 50 percent of the tax liability of the applicable taxable year as determined without regard to any other credits.
(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 water conservation facility or qual ified water conservation investment property must be placed in service after January 1, 1996. The credit may be only taken with respect to qualified water conservation investment property or a water conservation facility having an aggregate cost in excess of $1 million. For every year in which the taxpayer claims 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 water conservation facility or qualified water conservation investment property; (B) The amount of tax credit claimed under this Code section for the taxable year; (C) Any tax credit utilized under this Code section by the taxpayer in prior taxable years; (D) The amount of tax credit under this Code section carried forward from prior years; (E) The amount of tax credit under this Code section utilized by the taxpayer in the current taxable year; and (F) The amount of tax credit under this Code section to be carried forward to sub sequent 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 water conser vation investment property or a water conservation facility having an aggregate cost in excess of $1 million;
(3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded water conservation facility which would otherwise constitute qualified water conservation investment property shall be treated as the purchase or acquisition of qualified water conservation investment property by the lessee. The tax payer may treat the full value of the leased property as qualified water conservation investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(4) The utilization of the credit granted in this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on 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.

48-7-40.11.
(a) As used in this Code section, the term: (1) 'Qualified water conservation facility' means any facility including land, buildings, building improvements, and any machinery and equipment used in the water conser vation process which results in reduced ground-water usage or utilizes a surface water

1360

JOURNAL OF THE HOUSE,

source if such facility has been certified by the Georgia Department of Natural Resources as necessary and adequate for the purposes intended. (2) 'Shift from ground-water usage' means a minimum 10 percent relinquishment or transfer of annual permitted ground-water usage from ground-water sources due to the purchase of water from a qualified water conservation facility. (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 shifts from ground-water usage during a taxable year, there shall be allowed an annual credit against the tax imposed under this article, with a maximum carry forward of ten years, following the taxable year in which the shift from ground-water usage occurs. The amount of such credit shall be computed as follows: (1) The amount of the credit allowed under this Code section shall be $.0001 per gal lon of the relinquished annual permitted ground-water usage. (2) The amount of the credit provided for under this Code section shall not exceed 50 percent of the tax liability of the applicable taxable year as determined without regard to any other credits. (c) The credit granted under this Code section shall be subject to the following condi tions and limitations: (1) For every year in which the taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the follow ing information, as a minimum:
(A) The amount of tax credit claimed under this Code section for the taxable year; (B) Any credit under this Code section utilized by the taxpayer in prior taxable year; (C) The amount of tax credit under this Code section carried forward from prior taxable years; (D) The amount of tax credit under this Code section utilized by the taxpayer in the current taxable year; and (E) The amount of tax credit under this Code section to be carried forward to sub sequent years.
SECTION 2. Said title is further amended by adding after paragraph (36) of Code Section 48-8-3, relat ing to sales and use tax exemptions, the following:
"(36.1)(A) The sale of qualified water conservation investment property which is incorporated into any water conservation facility and used for water conservation or combating water pollution; (B) Any person making a sale of qualified water conservation investment property for the purposes specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with a certificate approved by the Georgia Department of Natural Resources, that such property is qualified water conservation property, and issued by the commissioner certifying that the purchaser is entitled to purchase the qualified water conservation investment property without paying the tax; and (C) Any term used in this Code section and defined in Code Section 48-7-40.1 shall have the meaning provided for such term in Code Section 48-7-40.1."
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:
Representatives Jamieson of the 22nd and Breedlove of the 85th move to amend the Com mittee substitute to HB 1589 by inserting following the words "so as" on line 2 of page 1 the following:

TUESDAY, FEBRUARY 27, 1996

1361

"to provide for records and information which shall not be subject to the authority of county boards of tax assessors to subpoena witnesses, books, papers, or documents;".
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By inserting between lines 11 and 12 of page 1 the following:
"SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-5-300, relating to the authority of county boards of tax assessors to subpoena witnesses, books, papers, or documents, and inserting in its place a new subsection (a) to read as follows:
'(a) (1) Except as otherwise provided in paragraph (2) of this subsection, the T-he county board of tax assessors may issue subpoenas for the attendance of witnesses and may subpoena of any person any books, papers, or documents which may contain any information material to any question relative to the existence or liability of property subject to taxation or to the identity of the owner of property liable to taxation or relevant to other matters necessary to the proper assessment of taxes lawfully due the state or county. Such subpoenas may be issued in the name of the board, shall be signed by any one or more members of the board or by the secretary of the board, and shall be served upon a taxpayer or witness or any party required to produce docu ments or records five days before the day upon which any hearing by the board is scheduled at which the attendance of the party or witness or the production of such documents is required.
(2) The authority provided for in paragraph (1) of this subsection shall not apply to the following documents or records:
(A) Personal income tax records or returns;
(B) Property appraisals;
(C) Rent rolls or other similar accounting documents; or
(D) Leases.'".
By striking lines 12 through 14 of page 1 and inserting in lieu thereof the following:
"SECTION 2. Said title is further amended by adding immediately".

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:

Men Y Anderson YAshe
Y Bailey Y Baker Y Bannister YBarfoot
Y Bargeron Y Barnard YBarnes
Bates YBenefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T Y Brown, J Y Brush Y Buck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter

Y Chambless Y Channell Y Childers
Y Coker Y Coleman, B Y Coleman, T Y Connell
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day

Y DeLoach, B Y DeLoach, G
Dix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden

Y Goodwin Y Greene
Grindley
Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard

1362

JOURNAL OF THE HOUSE,

Y Hudson
Y Hugley Ylrvin 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 Y Lawrence YLee Y Lewis YLifsey YLord

Y Lucas Y Maddox YMann Y Martin YMcBee YMcCall Y McClinton Y McKinney Y Mills
Mobley, B Y Mobley, J YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Y Ponder 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 N Sanders Y Sauder Y Scoggins
Shanahan YShaw YSherrill YSbipp
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 E Snelh'ng YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson YStreat Y Taylor YTeague YTeper

Y Thomas YTillman Y Titus
Y Towery Y Trense
Turnquest YTwiggs
Y Walker, L Y Walker, R.L YWall
Watson Y Watts
Y Westmoreland YWhitaker Y White Y Wiles
Y Williams, B Williams, J
Y Williams, R
Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The following Committee substitute 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 persons with disabilities, so as to change the provi sions relating to definitions; to provide that door standards shall apply to certain private residences constructed for first occupancy after January 1, 1997; to provide for standards; to provide for determination of construction for first occupancy on or before January 1, 1997; 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 persons with disabilities, is amended by striking in its entirety paragraph (8) of Code Section 30-3-2, relating to definitions, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Public buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed, that are constructed or renovated by the use of private funds, including rental apartment complexes of 20 units or more and tempo rary lodging facilities of 20 units or more, but excluding covered multifamily dwellings; provided, however, that this chapter shall require fully accessible 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; provided, further, that this chapter

TUESDAY, FEBRUARY 27, 1996

1363

shall not apply to a private single-family residence or te duplexes of any complex con taining fewer than 20 unitsy ef te residential condominiums and provided that Code Section 30-3-3.2 shall apply to speculative private residences. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall."
SECTION 2. Said chapter is further amended by adding at the end of Code Section 30-3-2, relating to definitions, a new paragraph (12) to read as follows:
"(12) 'Speculative private residence' means any private single-family residence, duplex, or residential condominium designed for sale to the public for use as a private place of residence which was not purchased prior to the framing of the residence."
SECTION 3. Said chapter is further amended by adding between Code Sections 30-3-3.1 and 30-3-4 a new Code Section 30-3-3.2 to read as follows:
"30-3-3.2. (a) All speculative private residences constructed for first occupancy after January 1, 1997, shall be designed and constructed in such a manner that if there are one or more bathrooms on the ground floor, then at least one of them must have a door that is at least 32 inches wide and shall provide at least 29 inches clear opening. (b) For purposes of this Code section, a private residence shall be deemed to be designed and constructed for first occupancy after January 1, 1997, if it is first occupied after that date or if the last building permit or renewal thereof for the private residence is issued by a local government after that date."
SECTION 4. 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 1076 as follows:
By striking lines 32 through 35 of page 1 and inserting in lieu thereof:
"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 except that Code Section 30-3-3.2."

Representatives Martin of the 47th and Westmoreland of the 104th move to amend the Committee substitute to HB 1076 as follows:
By striking lines 27 through 30 of page 2 and inserting the following:
"Occupancy after January 1, 1997, if the first building permit for the private speculative residence is issued on or after October 1, 1996."

Representative Day of the 153rd moved that HB 1076 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Alien N Andereon N Ashe N Bailey N Baker Y Bannister Y 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, J Y Brush N Buck N Buckner Y Bunn Y Burkhalter

N Byrd Y Campbell N Canty
Carter N Chambless Y Channel! N Childers Y Coker

Y Coleman, B Coleman, T Connell
Y Crawford Y Crews Y Culbreth N Cummings N Davis, G

1364

JOURNAL OF THE HOUSE,

Y Davis, M YDay N DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs YEhrhart NEpps Y Evans Y Falls
Felton N Floyd NGodbee Y Golden Y Goodwin N Greene
Grindley Hanner Y Harbin Y Harris N Heard Heckstall N Hegstrom Y Hembree N Henson N Holland

N Holmes Howard
N Hudson N Hugley NIrvin N James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones
Joyce YKaye N Kinnamon Y Klein YLadd YLakly
Lane N Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox YMann N Martin

N McBee N McCall Y McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal NOrrock
Parham NParrish N Parsons Y Pelote N Perry Y Pinholster
NPolak N Ponder
N Porter NPoston N Powell
N Purcell, A N Purcell, B NRandall N Randolph NRay N Reaves

N Reichert Roberta
Y Rogers N Royal Y Sanders Y Sauder
N Scoggins N Shanahan YShaw N SherriU
YShipp N Simpson N Sinkfield N Skipper
N Smith, C Smith, C.W
N Smith, L N Smith, P
Smith, T Y Smith, V
Y Smith, W NSmyre E Snelling NSnow
NStallings N Stancil, F Y Stancil, S N Stanley, L

N Stanley, P N Stephenson N Streat N Taylor NTeague NTeper N Thomas NTillman N Titus Y Towery Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L YWall N Watson
Watts Y Westmoreland Y Whitaker N White Y Wiles N Williams, B Y Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 62, nays 97. The motion was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Alien N Anderson YAshe
Y Bailey Y Baker N Bannister NBarfoot Y Bargeron N Barnard N Barnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T
N Brown, J N Brush YBuck Y Buckner
NBunn N Burkhalter YByrd N Campbell
Y Canty N Carter Y Chambless
Channell Y Childers N Coker

N Coleman, B Y Coleman, T Y Connell N Crawtord 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 N Dobbs NEhrhart YEpps N Evans N Falls N Felton N Floyd YGodbee N Golden Y Goodwin Y Greene N Grindley
Hanner N Harbin N Harris Y Heard Y Heckstall

Y Hegstrom N Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Ylrvin Y James Y Jamieson N Jenkins N Johnson, G N Johnson, J Y Johnston Y Jones
Joyce NKaye Y Kinnamon N Klein NLadd NLakly
Lane Y Lawrence YLee N Lewis Y Lifsey YLord Y Lucas Y Maddox NMann Y Martin

Y McBee Y McCall N McClinton
McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder N Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts N Rogers Y Royal

N Sanders N Sauder Y Scoggins Y Shanahan NShaw
YSherrill NShipp Y Simpson Y Sinkfield Y Skipper N Smith, C
Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V N Smith, W YSmyre E Snelling
YSnow Y Stallings Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor Y Teague YTeper
Y Thomas YTillman

TUESDAY, FEBRUARY 27, 1996

1365

Y Titus N Towery NTrense Y Tumquest

Y Twiggs Y 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

N Williams, R Y Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 67.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1076 was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

1366

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 601. By Senators Ray of the 19th, Perdue of the 18th and Hooks of the 14th: A resolution relative to adjournment; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1112. By Representatives Hegstrom of the 66th, Dixon of the 168th, Murphy of the 18th, Carter of the 166th, Bostick of the 165th and others:
A resolution expressing condolences on the passing of Honorable Henry Payton.

HR 1113.

By Representatives Holland of the 157th, Murphy of the 18th, Byrd of the 170th, Poston of the 3rd, O'Neal of the 75th and others:
A resolution recognizing and commending the students selected as officials of the Georgia Youth Assembly.

HR 1114.

By Representatives Johnson of the 97th, Bailey of the 93rd, Benefield of the 96th and Lee of the 94th:
A resolution commending the Frankie Lyle Chapter No. 2074 of the United Daughters of the Confederacy.

HR 1115. By Representatives Johnson of the 97th, Bailey of the 93rd, Benefield of the 96th and Lee of the 94th:
A resolution commending the Military Order of Stars & Bars, William Hardy Camp.

HR 1116.

By Representatives Ashe of the 46th, Burkhalter of the 41st, Trense of the 44th, Campbell of the 42nd, Felton of the 43rd and others:
A resolution commending the members and coaches of the victorious Taylor Road Middle School's Academic Bowl team.

HR 1117. By Representative Smith of the 109th: A resolution commending Virginia Williams.

HR 1118. By Representative Greene of the 158th: A resolution recognizing and commending Bob Thompson.

TUESDAY, FEBRUARY 27, 1996

1367

HR 1119. By Representative White of the 161st: A resolution commending Lieutenant Colonel Doris Daniels.

HR 1120. By Representative Brooks of the 54th: A resolution honoring Mrs. Bessie Reynolds.

HR 1121. By Representatives Woods of the 32nd, Grindley of the 35th, Wiles of the 34th, Coker of the 31st, Sauder of the 29th and others:
A resolution commending Superintendent Ronald D. Galloway.

HR 1122. By Representatives Orrock of the 56th, Henson of the 65th, Taylor of the 134th, Felton of the 43rd, Ashe of the 46th and others:
A resolution recognizing the month of March, 1996, as "Women's History Month".

HR 1123. By Representative Greene of the 158th: A resolution recognizing and commending Marvin "Harris" DeVane, Jr.

HR 1124. By Representatives Parsons of the 40th and Sauder of the 29th: A resolution commending Ms. Neoma Astor Potter Figgatt.

HR 1125. By Representatives Johnson of the 97th, Benefield of the 96th, Lee of the 94th and Bailey of the 93rd:
A resolution commending the Sons of Confederate Veterans.

HR 1126. By Representative O'Neal of the 75th: A resolution commending Jason C. Perry.

HR 1127. By Representatives Skipper of the 137th, Childers of the 13th, Simpson of the 101st, Holland of the 157th, Hudson of the 156th and others:
A resolution recognizing "Health Care for Rural and Underserved Georgians' Day".

HR 1128. By Representatives Walker of the 87th and Johnson of the 84th: A resolution commending Ms. Emmaline McKinnon.

HR 1131. By Representatives Buckner of the 95th, Royal of the 164th, Hudson of the 156th, Sinkfield of the 57th, Barnes of the 33rd and others:
A resolution commending Twenty-Five for the Twenty-First Century.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Education and referred to the Committee on Rules:

1368

JOURNAL OF THE HOUSE,

SB 19. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th 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 for disclosure of the making and accepting of contributions and expenditures with respect to textbooks; to provide for definitions; to provide for the filing and contents of disclosure reports; to provide for fees; to provide for powers, duties, and authority of the State Ethics Commission.

The following Resolution of the Senate was read:

SR 601. By: Senators Ray of the 19th, Perdue of the 18th and Hooks of the 14th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 29, 1996, and shall reconvene on Tuesday, March 5, 1996.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Tuesday, March 5, may be as ordered by the Senate; and the hour for convening the House on Tuesday, March 5, 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 Alien Y Andereon
Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes
Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick Breedlove Y Brooks, D Y Brooks, T Y Brown, J Brush YBuck Y Buckner YBunn Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Cornell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Y Dixon, S
Dobbs YEhrhart
Epps Y Evans Y Falls
Felton
Y Floyd YGodbee Y Golden
Goodwin Y Greene
Y Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom
Y Hembree YHenson Y Holland
Holmes Howard Y Hudson Y Hugley

Irvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall
McClinton Y McKinney Y Mills
Mobley, B Mobley, J Y Mosley Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder
Porter Poston Y Powell Y Purcell, A Y Purcell, B Randall Randolph
YRay Y Reaves Y Reichert Y Roberts
Y Rogers Y Royal Y Sanders
Y Sauder Scoggins
Y Shanahan YShaw Y Sherrill YShipp 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 adoption of the Resolution, the ayes were 136, nays 0.

Smith, W Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Stephenson Y Streat Taylor Teague Y Teper Thomas Tillman
Y Titus Towery
Y Trense Turnquest
YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmoreland
Whi taker White Y Wiles Williams, B Y Williams, J Y Williams, R Y Woods Yates Murphy, Spkr

TUESDAY, FEBRUARY 27, 1996

1369

The Resolution was adopted.

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 946. By Representative Twiggs of the 8th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.

The following amendment was read and adopted:

Representative Twiggs of the 8th moves to amend HR 946 by adding on line 11 of page 2 between the word "Georgia" and the period the following:
"; provided, however, that such lease is subject to the condition that Currahee Paging Company agree in writing to permit the state and local government agencies of Rabun County to attach at no cost or rental fee antennas and related telecommunications equipment to the television translator tower located on the adjacent property or to any tower constructed on the referenced hereinabove described real property for the duration of the lease period so long as such antenna and related telecommunications equipment does not harm or interfere with the operations of Currahee Paging Company"
By adding at the end of line 16 of page 2 the following:
"The authorization for local government agencies of Rabun County to attach an antenna and related telecommunications equipment to the television translator tower or any tower constructed on the referenced hereinabove described real property as provided in Section 3 shall not be considered a sublease of the subject property."

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1655. By Representatives Walker of the 141st, Childers of the 13th, Stephenson of the 25th and Skipper of the 137th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide under certain circumstances for the pronouncement of death by registered nurses practicing in nursing homes.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide under certain circumstances for the pronouncement of death by registered nurses and physician's assist ants practicing in nursing homes; to repeal conflicting laws; and for other purposes.

1370

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code Section 31-7-16 to read as follows:
"31-7-16. When a patient dies in any facility classified as a nursing home by the department and operating under a permit issued by the department, a registered professional nurse or physician's assistant licensed in this state and employed by such nursing home at the time of apparent death of such person, in the absence of a physician, may make the determination and pronouncement of the death of said patient; provided, however, that, when said patient is a registered organ donor, only a physician may make the determina tion or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the department."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Walker of the 141st and Lawrence of the 64th move to amend the Com mittee substitute to HB 1655 by changing the period to a semicolon on line 24 and adding thereafter:
"; provided, further, that when it appears that a patient died from other than natural causes, 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 department."

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:

Alien Y Anderson
YAshe Y Bailey
Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBarnes Y Bates
Benefield Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Brush YBuck Y Buckner YBunn Y Burkhalter YByrd

Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Cornell
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 YEhrhart YEpps

Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree
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 Y Lakly
YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin YMcBee YMcCall Y McClinton
McKinney

Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons
Y Pelote Y Perry
Y Pinholster YPolak Y Ponder
Porter Poston Y Powell Y Purcell, A Y Purcell, B Randall Randolph
YRay Y Reaves Y Reichert

TUESDAY, FEBRUARY 27, 1996

1371

Roberts Y Rogers Y Royal Y Sanders Y Sauder YScoggins YShanahan Y Shaw YShemll YShipp Y Simpson

YSinkfield 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 SneUing

Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper

Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson

Y Watts Y Wertmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1222.

By Representative Simpson of the 101st:
A bill to amend Code Section 3-12-2 of the Official Code of Georgia Anno tated, relating to the establishment of residential community development districts; so as to change certain provisions relative to the method of estab lishment of such districts.

The following Committee substitute was read:

A BILL
To amend Chapter 12 of Title 3 of the Official Code of Georgia Annotated, relating to res idential community development districts, so as to change the definition of residential community development district; to change provisions relating to the filing of the articles of establishment of a district; to change provisions relating to the holding of a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 3 of the Official Code of Georgia Annotated, relating to residential community development districts, is amended by striking paragraph (3) of Code Section 3-12-1, relating to the definition of residential community development district, and insert ing in lieu thereof a new paragraph (3) to read as follows:
"(3) Has at least 200 residential sites, 100 of which are owned by individual owners who actually reside within the residential district, which are platted and recorded in the office of the clerk of the superior court of the county as a residential subdivision;".
SECTION 2. Said chapter is further amended by striking Code Section 3-12-2, relating to the establish ment of residential community development districts, and inserting in lieu thereof the fol lowing:
"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 clerk of the superior court ef the county governing authority 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. (b) The articles of establishment of a residential community development district shall contain the following:
(1) The written consent te the establishment ef- the district by the owner er owners of oU percent of tile refli property TO ~oe included m tuc district^ or uocuincntutioii demonstrfltin[ thflt the porationer rift9 control of or? percent of trie pefti property to oe

1372

JOURNAL OF THE HOUSE,

included m the district fey deed, trust agreement, contract, er option on a single docu ment of a majority of the property owners who actually reside within the borders of the proposed residential community development district. Each property owner sign ing such document shall indicate whether he or she is a landowner within the district and shall print or type thereon his or her name, address, and date of signature; (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 clerk of the superior eeart county governing authority 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 clerk of the superior eewt county governing authority, the district's exis tence shall begin. (e) In lieu of all other charges and fees, the clerk of the superior court county governing authority shall charge and collect a fee for filing the articles of establishment and issuing a certificate of establishment not to exceed $100.00 for the county ad $36.00 for the eteffc of the superior court."
SECTION 3. Said chapter is further amended by striking paragraphs (2) and (3) of subsection (b) of Code Section 3-12-3, relating to licenses for the sale of alcoholic beverages within residen tial community development districts, and inserting in its place the following:
"(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. A change in the precinct boundaries wherein a district is located effected after an ordinance or resolution is approved shall not affect the continued validity and effectiveness of such ordinance or resolution.

TUESDAY, FEBRUARY 27, 1996

1373

(3) The county governing authority shall establish the date of the election, which shall coincide with the date of the next general or primary election, and which shall be not less than 30 days after the call of the election, and shall notify the county election 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 imme diately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall the issuance of licenses to sell distilled spirits alcoholic beverages by the drink to certain 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 one-half 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. ?%e Any additional expense of any such elections shall be borne by the county wherein the election was held applicant."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Simpson of the 101st moves to amend the Committee substitute to HB 1222 as follows:
Strike lines 1 through 9 on page 3.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron N Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux YBostick YBreedlove
Brooks, D

Y Brooks, T N Brown, J
Brush Y Buck Y Buckner N Bunn Y Burkhalter N Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childera NCoker Y Coleman, B Y Coleman, T

Y Connell Y Crawford N Crews Y Culbreth N Cummings Y Davis, G N Davis, M N Day Y DeLoach, B Y DeLoach, G N Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart Y Epps N Evans

N Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard Y HeckstaU 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 N Johnston
Jones N Joyce N Kaye Y Kinnamon Y Klein N Ladd

1374

JOURNAL OF THE HOUSE,

NLakly YLane N Lawrence Y Lee N Lewis N Lifsey
Lord Y Lucas N Maddox NMann YMartin YMcBee YMcCall Y McCllnton Y McKinney N Mills Y Mobley, B N Mobley, 3 Y Mosley

N Mueller Y O'Neal
YOrrock Parham
Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder
Y Porter YPoston
Y Powell Y Purcell, A Y Purcell, B
NRandall Y Randolph YRay

Y Reaves Y Reichert Y Roberts
Y Rogers Y Royal N Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill
YShipp 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 YSmyre Y Snelling YSnow Y Stallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus

Y Towery N Trense
Turnquest Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson
Watts N Westmorland Y Whitaker
White N Wiles
Y Williams, B N Williams, J Y Williams, R N Woods NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 125, nays 38.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Trense of the 44th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Pelote of the 149th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 1222 was ordered immediately transmitted to the Senate.

HB 1556.

By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to the incorporation of municipal corporations, so as to pro vide that a local Act providing for the reincorporation of certain areas may be enacted without regard to the proximity of an existing municipal corpora tion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Anderson
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, 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 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 Dobbs
Y Ehrhart YEpps Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden
Good win
Y Greene Y Grindley
Hanner Y Harbin Y Harris 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 Joyce YKaye Y Kinnamon Y Klein

YLadd YLakly YLane
Y Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox YMann YMartin
Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller

TUESDAY, FEBRUARY 27, 1996

1375

YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Pcwell Y PurceU, A Y Purcell, B

YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Scoggins Shanahan YShaw Y Sherrill YShipp

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 Smiling YSnow YStallings Y Stancil, F

Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Towery YTrense
Turnquest Y Twiggs

Y Walker, L Y Walker, R.L
Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1723.

By Representatives Connell of the 115th, Coleman of the 142nd, Lee of the 94th, Buck of the 135th, Parrish of the 144th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain restrictions regarding absentee vot ing shall not apply during a limited period of time immediately preceding a primary or election.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term absentee elector; to provide that an elector may choose to vote by absentee ballot without giving a reason for such choice; 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 Code Section 21-2-380, relating to the definition of absentee elector, and inserting in lieu thereof the following:
"21-2-380. As used in this article, the term 'absentee elector' means an elector of this state who2 for whatever reason, chooses not to vote in person at his or her polling place on the day of a primary or election and instead desires to vote by absentee ballot.*
(1) Is required te be absent treat his et he* precinct daring the tim* el the primary
\a) Will perform any of tne oiiicial sets OP duties set toptn m tnis cnaptcr m connec tion witR tne primary OP election ne OP sne desires TO vote inj T*TT--Because OT physical disability or because ot being required to give constant cape to someone wno is pnysic&lly disabled, will be unable to DC present at tnc poiis on the dy ef9eh primary er election; \^f/--Because tne election OP primary tans upon ft religious noiiuay oDscrvcQ oy sucn electorj will DC unable to "be preseftt ftt tne polls on tnc oiay of sucn primary of ciec-
(6) Is required te reeftam ea dtrty in his or hr place ef- employment for the protection of tnc neaitiij iiie} of soiety of tnc puolic dUPing tne entire time tne poiis arc open wnen sucn place ot employment is witnm tne ppecinet ift wnicn tnc voter rc3iQ.C3, or \^9)--is TO years of age of

1376

JOURNAL OF THE HOUSE,

SECTION 2. Said title is further amended by striking in its entirety Code Section 21-3-280, relating to the definition of absentee elector for municipal elections, and inserting in lieu thereof the following:
"21-3-280.
As used in this article, the term 'absentee elector' means an elector of the municipality whOj for whatever reason, chooses not to vote in person at his or her polling place on the day of a primary or election and instead desires to vote by absentee ballot.t
(1) la required te be absent from his e* he* precinct 4ttng the time ef the primary

\D)--Will pOFIOPm Ally Or tfiC OlllClftl ftCtS Of QUtlC9 96t rOftft tft tniS CnftptCP HH COnneCTM
won wrtn tne ppimflry of election HI wnicn ne of sne desires TO votej Vo/--.occfluse of pnysic&i dis&Dinty of Dccfluse of Dcin^ required to JJIVG consttuiD core
the ekry ef-seh primary or election; \^fj--DCCftuse tne election of primspy ntm upon d religious noiidfly o Dserveci oy sucn
tionj (6) Is required te remain e duty m his e* her pteee ef- employment for the protection of uiG ricftltft^ iiiCj of sfttety Oi tne puoiic during tne entire time tne polls fti*e open wticn sucn piflcc ot empioyment is witnin tne precinct tti WHICII tne voter rcsidcsj of

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:
Representative Campbell of the 42nd moves to amend the Committee substitute to HB 1723 by striking lines 2 and 3 of page 3 and inserting in lieu thereof the following:
"This Act shall become effective on January 1, 1997."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
YAuhe N Bailey N Baker Y Bannister NBarfoot
Bargeron Y Barnard NBarnes
Bates N Benefield NBirdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner

YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless N Channel! N Childers Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford
Y Crews Y Culbreth N Cummmgs N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G

YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd
God bee
N Golden Good win
N Greene Y Grindley N Manner Y Harbin
Y Harris N Heard N Heckstall N Hegstrom Y Hembree

N Henson N Holland N Holmes N Howard N Hudson N Hugley Ylrvin N James
Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N 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 NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal NOrrock NParham NParrish Y Parsons

TUESDAY, FEBRUARY 27, 1996

1377

NPelote N Perry Y Pinholster NPolak N Ponder N Porter NPoston N Powell N PuiceU, A N Purcell, B NRandall N Randolph
Ray N Reaves

N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill YShipp N Simpson N Sinkfield N Skipper

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling
Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L

N Stanley, P N Stephenson
N Streat N Taylor NTeague
N Teper N Thomas NTilhnan
Y Titus Y Towery Y Trense N Turnquest
NTwiggs N Walker, L

On the adoption of the amendment, the ayes were 64, nays 105. The amendment was lost.

Y Walker, R.L NWall N Watson N Watts Y Westmorland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

The following amendment was read:
Representative Ehrhart of the 36th moves to amend the Committee substitute to HB 1723 as follows: Insert a new Section: 21-2-380A
Section 2 "The official voting day in the state of Georgia will be Saturday following the existing Tuesday everywhere found in the Ga. Code." Renumber accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
Y Ahe N Bailey N Baker Y Bannister NBarfoot
Bargeron N Barnard YBaroes
Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter
NByrd Y Campbell
N Canty N Carter N Chambless NChannell N Childers Y Coker Y Coleman, B N Coleman, T N ConneU Y Crawford

Y Crews Y Culbreth N Cununings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YOU N Dixon, H
N DUon, S NDobbs Y Ehrhart NEpps Y Evans Y Falls Y Pelton
N Floyd Godbee
N Golden Goodwin
N Greene Y Grindley N Manner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James
Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox
Mann N Martin
McBee NMcCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller NO'Neal NOrrock NParham

N Parrish N Parsons N Pelote
N Perry Y Pinholster
N Polak N Ponder N Porter N Poston N Powell
Purcell, A N Purcell, B NRandall N Randolph
NRay N Reaves N Reichert N Roberts N Rogers
N Royal Y Sanders Y Sauder N Scoggins N Shanahan
NShaw N Sherrill
Y Shipp N Simpson N Sinkfield
N Skipper Y Smith, C Y Smith, C.W
N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling
Snow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague N Teper N Thomas NTillman Y Titus Y Towery Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmorland N Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

1378

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 65, nays 101. The amendment was lost.

The following amendment was read:

Representative Irvin of the 45th moves to amend the Committee substitute to HB 1723 as follows:
Add after line 6, page 2, and after line 37, page 2, the following:
"(7) Will be, because of his or her work schedule, unable to be present at the polls on the day of such primary or election."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Andersen
Y Ashe N Bailey N Baker Y Bannister NBarfoot
Bargeron Y Barnard NBarnes
Bates N Benefield NBirdsong N Bordeaux NBoetick
Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn 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 Y Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Diion, S NDobbs YEhrhart NEpps Y Evans Y Falls Y Felton N Floyd
Godbee N Golden
Goodwin N Greene Y Grindley N Manner Y Harbin Y Harris 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 Jenkina Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee N Lewis Y Lifsey
NLord N Lucas Y Maddox YMann N Martin N McBee NMcCall N McClmton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal NOrrock NParham

N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak N Ponder N Porter NPoston N Powell
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 N Shanahan NShaw N SherriU Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W NSmyre Y Snelling
Snow NStallings N 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
Turnquest NTwiggs
N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 66, nays 103. The amendment was lost.

The following amendment was read:

Representative Klein of the 39th moves to amend the Committee substitute to HB 1723 as follows:
P.I, L.18 and P.2, L.17 insert:
"; provided, however, that such 'absentee elector' shall not be transported to vote absen tee by any candidate or representative of such candidate in the subject election."

TUESDAY, FEBRUARY 27, 1996

1379

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Andersen
Y Ashe N Bailey N Baker Y Bannister NBarfoot
Bargeron
Y Barnard NBarnes
Bates N Beneileld
N Birdsong N Bordeaux
NBostick Breedlove
Y Brooks, D N Brooks, T
Y Brown, J Y Brush NBuck N Buckner
YBunn Y Burkhalter
NByrd Y Campbell
N Canty N Carter N Chambless NChannell N Childera Y Coker Y Coleman, B N Coleman, T N Cornell
Y Crawford

E Crews Y Culbreth N Cummings
N Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G
YDix Dixon, H
N Dixon, S NDobbs YEhrhart
NEpps Y Evans
Y Falls N Felton NFloyd
Godbee Y Golden
Goodwill
NGreene Y Grindley N Manner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree NHenson N Holland N Holmes N Howard N Hudson
N Hugley

Ylrvin N James
Jamieson
N Jenkins Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd YLakly NLane Y Lawrence
NLee Y Lewis Y Lifsey NLord N Lucas YMaddox
YMann N Martin N McBee NMcCall N McClinton N McKinney
Y Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal
N Orrock NParham

N Parrish N Parsons Y Pelote N Perry Y Pinholster
NPolak N Ponder
N Porter N Poston N Powell
Purcell, A N Purcell, B NRandall N Randolph
YRay 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 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 68, nays 96. 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
N Streat N Taylor N Teague NTeper Y Thomas NTillman
Y Titus Y Towery
Trense Turnquest
Twiggs N Walker, L Y Walker, R.L
NWall 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

The Committee susbtitute 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 Alien Andereon
NAshe Y Bailey Y Baker N Bannister
Y Barfoot Bargeron
N Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
YBostick Breedlove
N Brooks, D Y Brooks, T
N Brown, J

N Brush YBuck Y Buckner N Bunn N Burkhalter
YByrd N Campbell
Y Canty Y Carter Y Chambless YChannell Y Childers
N Coker N Coleman, B Y Coleman, T Y Connell N Crawford
E Crews N Culbreth

Y Cummings
Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G
NDix Y Dixon, H Y Dixon, S Y Dobbs NEhrhart
YEpps N Evans N Falls N Felton Y Floyd
Godbee Golden Goodwin

Y Greene N Grindley Y Manner N Harbin
N Harris 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 Y Jenkins

N Johnson, G N Johnson, J N Johnston Y Jones
N Joyce N Kaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee N Lewis N Lifsey
Lord Y Lucas N Maddox
NMann

1380

JOURNAL OF THE HOUSE,

Y Martin YMcBee NMcCaU Y McClinton YMcKinney N Mills YMobley, B NMobley, J YMosley NMueller Y O'Neal YOrrock Y Parham YParrish N Parsons Y Pelote Y Perry

N Pinholster Y Polak Y Ponder Y Porter Y Postal Y Powell
Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts N Rogers Y Royal N Sanders

N Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W Y Smyre

N Snelling Snow
Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman N Titus N Towery N Trense

Y 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

On the passage of the Bill, by substitute, the ayes were 100, nays 66.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Irvin of the 45th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1723.

Representative Barnes of the 33rd assumed the Chair.

HB 1401. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to state courts of counties, so as to change the method for determining minimum compensation for full-time and part-time judges of the state courts of counties.

The following Committee substitute was read:

A BILL
To amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to change the method for determining minimum compensa tion for full-time and part-time judges of the state courts of counties and those exercising jurisdiction only over traffic offenses; to provide that such compensation shall be from county funds; to authorize counties to supplement the minimum compensation of such judges; to provide that compensation shall not be decreased during incumbents' terms of office; to prohibit compensation from fees; to provide that the General Assembly may fix compensation of such judges by local law; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, is amended by striking in its entirety Code Section 15-7-22, relating to com pensation of judges, which reads as follows:
"15-7-22. Judges of the state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the judges of the state court of that county.",

TUESDAY, FEBRUARY 27, 1996

1381

and inserting in lieu thereof the following:

"15-7-22.
(a) As used in this Code section, the term 'full-time' means a judge who is regularly employed for a work week of no less than 40 hours and who may not engage in the pri vate practice of law. The term 'part-time' means a judge who is regularly employed for a work week of less than 40 hours and who may engage in the private practice of law in other courts but may not practice in his or her own court or appear in any matter as to which that judge has exercised any jurisdiction. (b) The minimum compensation to be paid to a full-time chief judge of any state court of this state shall be an annual salary equal to the sum of 90 percent of the annual sal ary base of the judges of the superior courts of this state, plus 90 percent of the annual amount of any supplement paid by the governing authority of the county to the chief judge of superior court of said county wherein such state court judge is geographically located. All other full-time judges of any state court of this state, and any other fulltime judge added to a state court thereafter, shall be paid a minimum annual salary equal to the sum of 90 percent of the annual base salary of a judge of the superior courts of this state, plus 90 percent of the annual amount of any supplement paid by the governing authority of the county to the judges of the superior court of said county where such state court judge is geographically located; provided, however, all full-time judges of any state court of this state who serve in a division of the state court which exercises jurisdiction only over traffic cases shall be paid a minimum annual salary equal to the sum of 90 percent of the other full-time judges of that state court as provided in this subsection. (c) The minimum compensation to be paid a part-time judge of any state court of this state who serves in a four-year term, elected position shall be in accordance with a mini mum annual salary based upon a combination of the population of the county where the state court judge is geographically located and a percentage of the annual base salary of a superior court judge of this state as set forth in the following schedule:

County Population

Percentage of Superior Court ____Judge's Base Pay____

0 - 9,999

10%

10,000 - 19,999

20%

20,000 - 29,999

30%

30,000 - 39,999

40%

40,000 or over

50%

The minimum salary for each affected part-time judge shall be fixed from the above table according to the population of the county in which the part-time judge serves as determined by the United States decennial census of 1990 or any future such census. (d) Judges of the state courts shall be compensated from county funds. The county gov erning authority is authorized to supplement the minimum compensation thus fixed to be paid to the judges of the state court of that county; but no state court judge's com pensation or supplement existing at the time of the passing of this legislation shall be decreased during the incumbent's term of office. (e) State court judges, whether full-time or part-time, shall be compensated on a salary basis and not in whole or in part from fees; and the salaries and supplements of all state court judges shall be paid in equal monthly installments from county funds. (f) The General Assembly may by local law fix the compensation of any or all of a coun ty's state court judges."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

1382

JOURNAL OF THE HOUSE,

Representative Lane of the 146th et al. move to amend the Committee substitute to HB 1401 as follows:
Delete on Page 2, beginning on Line 27 Paragraph (c) in its entirety.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
N Anderson N Ashe N Bailey
Baker Y Bannister YBarfoot N Bargeron
Y Barnard Barnes Bates
N Benefield Y Birdsong
N Bordeaux N Bostick
Breedlove
Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter NByrd N Campbell Y Canty Y Carter N Chambless Y Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T
Connell
Crawford

E Crews N Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G
Diz N DUon, H
Dixon, S YDobbs YEhrhart
Epps Y Evans Y Falls Y Felton Y Floyd
God bee N Golden YGoodwin N Greene Y Grindley Y Hanner Y Harbin
Harris Y Heard
Hecks tall N Hegstrom Y Hembree
Henson
N Holland Y Holmes N Howard Y Hudson
Y Hugley

NIrvin Y James
Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence NLee Y Lewis Y Lifsey YLord Y Lucas Y Maddoi
YMann N Martin Y McBee YMcCall Y McClinton
Y McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller
Y O'Neal N Orrock YParham

Y Parrish Parsons
Y Pelote Y Perry Y Pinholster NPolak
Ponder Y Porter Y Poston
Y Powell Y Purcell, A N Purcell, B
Randall N Randolph NRay Y Reaves N Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder
Scoggins YShanahan YShaw Y Sherrill YShipp N Simpson
Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T
Smith, V

Y Smith, W YSmyre N Snelling YSnow NStaUings
Stancil, F Stancil, S N Stanley, L Y Stanley, P
N Stephenson Y Streat Y Taylor NTeague NTeper Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs N Walker, L Y Walker, R.L YWall N Watson Y Watts Y Westmoreland YWhitaker Y White Y Wiles
Williams, B N Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 108, nays 45. The amendment was adopted.

The following amendments were read and adopted:
Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd move to amend the Committee substitute to HB 1401 by striking in its entirety line 12 of page 1 and inserting in lieu thereof the following:
"judges by local law; to provide that the increase in compensation shall be divided into thirds and phased in over a three-year period; to repeal conflicting laws; and for".
By striking in its entirety line 19 of page 3 and inserting in lieu thereof the following:
"judges.

(g) For each full-time and part-time judge of the state court, the county governing authority shall calculate in dollars and cents the increase in compensation resulting from the minimum salary provisions of this Code section. One-third of such increase shall become effective on January 1, 1997; one-third of such increase shall become effective

TUESDAY, FEBRUARY 27, 1996

1383

on January 1, 1998; and one-third of such increase shall become effective on January 1, 1999. Provided, however, that such calculation shall be revised if the judges of the superior courts of this state are granted an increase in their annual salary base, with the increase for judges of the state court attributible to the increase in annual base salary for judges of the superior courts effective on the same date as the increase in the annual
base salary for judges of the superior courts becomes effective.'".

Representative Day of the 153rd moves to amend the Chambless amendment to the Com mittee substitute to HB 1401 as follows:
Line 28 after effective, delete ' ".

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 Alien N Andersen YAshe Y Bailey Y Baker N Bannister NBarfoot N Bargeron Y Barnard
Barnes Bates Y Benefield Y Birdsong Y Bordeaux YBostick Breedlove Y Brooks, D Y Brooks, T Y Brown, J N Brush NBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell N Canty Y Carter Y Chambless Y Channel! Y Childers N Coker Y Coleman, B N Coleman, T Y Connell Crawford

E Crews N Culbreth Y Cuminings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S NDobbs N Ehrhart YEpps N Evans N Falls Y Pelton N Floyd NGodbee Y Golden YGoodwin YGreene N Grindley Y Banner N Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hugley

Ylrvin Y James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly NLane Y Lawrence YLee Y Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin Y McBee YMcCall N McClinton Y McKinney N Mills Y Mobley, B
Y Mobley, J Y Mosley
Mueller YO'Neal YOrrock YParham

Y Parrish Parsons
Y Pelote
Y Perry Y Pinholster
YPolak Ponder
N Porter YPoston Y Powell N Purcell, A Y Purcell, B
Randall Y Randolph
NRay Y Reaves Y Reichert Y Roberts
Rogers Y Royal N Sanders N Sauder Y Scoggins YShanahan
YShaw N Sherrill
N Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

Smith, W NSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson Y Streat N Taylor NTeague YTeper Y Thomas YTillman Y Titus
Towery Y Trense Y Turnquest NTwiggs Y Walker, L N Walker, R.L YWall Y Watson Y Watts N Westmorland Y Whitaker Y White N Wiles Y Williams, B Y Williams, J N Williams, R N Woods NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 111, nays 56.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

1384

JOURNAL OF THE HOUSE,

HB 1643.

By Representatives Chambless of the 163rd, Hudson of the 156th, Holland of the 157th, Bostick of the 165th and Carter of the 166th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the offenses of homicide by interference with an official traffic-control device or railroad sign or signal and serious injury by interference with an official traffic-control device or railroad sign or signal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 1032.

By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st, Sherrill of the 62nd, Polak of the 67th and others:
A resolution creating the Blue Ribbon Commission on the General Assembly of Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Andenon YAahe
Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefield
YBirdnong Y Bordeaux
Y Bostick Breedlove
Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childere Y Coker Y Coleman, B Y Coleman, T Y Cornell
Crawford

E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDii Y Dixon, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Hecks tall 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 NLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann Martin
Y McBee McCall
Y McClinton
Y McKinney Y Mills Y Mobley, B
Y Mobley, J YMosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Street Y Taylor
NTeague Y Teper
Y Thomas YTillman Y Titus Y Towery
YTrense Y Turnquest YTwiggs Y Walker, L
N 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 NYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 27, 1996

1385

HB 1586.

By Representatives Royal of the 164th, Jamieson of the 22nd and Buck of the 135th:
A bill to amend Code Section 48-8-49 of the Official Code of Georgia Anno tated, relating to dealers' returns as to gross proceeds of sales and purchases, so as to provide for annual filing of such reports by certain dealers.

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 Alien Y Anderson
Y Ashe Y Bailey Y Baker Y Bannister
YBarfoot Bargeron
Y Barnard YBarnes
Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick
Breedlove Brooks, D
Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner
YBunn Y Burkhalter
YByid Y Campbell
Y Canty Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Crawford

Y Crews Y Culbreth Y Cunnnings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
YDix Y Dixon, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland Y Hohnes 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
Maddox YMann
Martin Y McBee
McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scoggins YShanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery YTrense
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 passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1362.

By Representative Streat of the 167th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses in public schools, so as to provide that contractors, officials, agents, or other appropriate representatives of the Department of Public Safety may teach the alcohol and drug course.

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 Alien Y Anderson
YAshe

YBaUey Y Baker
Y Bannister

Y Barfoot Y Bargeron Y Barnard

Y Barnes Bates
Y Benefield

Y Birdsong Y Bordeaux
Y Bostick

1386

JOURNAL OF THE HOUSE,

Y Breedlove Brooks, D
Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell Y Childers
Y Coker Y Coleman, B Y Coleman, T Y Cornell
Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix
Y DUon, H Y DUon, S YDobbs

YEhrhart YEpps Y Evans Y Falls Y Felton YFloyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Hecks tall 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 YLakly YLane
Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann
Martin Y McBee
YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal YOrrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Y Ponder Y Porter Y Poston Y PoweU Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scoggins YSbanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling

YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 172, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1625.

By Representatives Dixon of the 168th, Epps of the 131st, DeLoach of the 119th, Golden of the 177th, Alien of the 117th and others:
A bill to amend Code Section 3-4-26 of the Official Code of Georgia Anno tated, relating to display of advertisement or information regarding prices of distilled spirits in visible places, so as to prohibit the sale of distilled spirits by the package at a price below cost.

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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux YBostick
Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush YBuck

Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Crawford N Crews Y Culbreth
Cummings Davis, G N Davis, M YDay

Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs NEhrhart YEpps N Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard

Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley N Irvin Y James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones N Joyce YKaye Y Kinnamon Y Klein

YLadd NLakly
Lane Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas N Maddox NMann
Martin Y McBee YMcCall
McClinton McKinney
N Mills Y Mobley, B N Mobley, J Y Mosley
Mueller

TUESDAY, FEBRUARY 27, 1996

1387

YO'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y PurceU, B

YRandall Y Randolph
Ray 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 N Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre Y Sneiling YSnow Y Stallings Y Stancil, F

N Stancil, S Y Stanley, L Y Stanley, P N 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 Y Wall Y Watson Y Watts
N Westmorland Y Whitaker Y White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods NYates
Murphy, Spkr

On the passage of the Bill, the ayes were 141, nays 23. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on University System of Georgia and referred to the Committee on Defense and Veterans Affairs:

HB 1787.

By Representatives Purcell of the 9th, Birdsong of the 123rd and Smith of the 175th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard.

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1492 Do Pass, as Amended HB 1494 Do Pass
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 540 Do Pass, by Substitute HB 1713 Do Pass, by Substitute SB 592 Do Pass, by Substitute

1388

JOURNAL OF THE HOUSE,

Respectfully submitted,
M Lord of the 121st Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1788 Do Pass
Respectfully submitted, /a/ 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1738 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 1038 Do Pass
Respectfully submitted, is/ Lee of the 94th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

TUESDAY, FEBRUARY 27, 1996

1389

HB 1689 Do Pass HR 1003 Do Pass HR 1004 Do Pass HR 1005 Do Pass HR 1016 Do Pass

HR 1039 Do Pass HR 1040 Do Pass HR 1041 Do Pass HR 1073 Do Pass SB 586 Do Pass
Respectfully submitted, fa/ Benefield of the 96th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1561 Do Pass HB 1683 Do Pass, by Substitute

HB 1771 Do Pass SR 64 Do Pass, by Substitute

Respectfully submitted, Is/ Buck of the 135th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

1390

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 28, 1996

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:

Alien Andersen Ashe Bailey
Bannister Barfoot Bargeron
Barnard
Barnes Bates Benefield
Birdsong Bostick Breedlove
Brooks, D
Brooks, T
Brown, J
Brush Buck
Buckner Bunn Burkhalter Byrd
Campbell Canty Carter Chambless Childers

Coker
Coleman, B Coleman, T Connell Crawford Crews Culbreth Cummings Davis, M DeLoach, B DeLoach, G Dix Epps Felton Floyd Godbee Golden Greene
Harbin
Harris
Heard Hegstrom Hembree
Holland
Howard
Hudson
Hugley Irvin

James Jenkins Johnson, G Johnson, J Johnston Kaye Kinnamon
Klein Ladd Lakly Lane
Lawrence Lee
Lewis Lifsey Lord Maddoz Mann Martin McBee McCall McClinton McKinney Mills Mobley, J Mosley O'Neal
Parham

Parrish Parsons Pelote
Perry Pinholster
Ponder Poston
Powell Purcell, A Purcell, B
Randolph Reaves Reichert Rogers Royal Sanders Sauder Shanahan Shaw Simpson Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Smith, W

Smyre Snelling S tailings Stencil, F Stanley, L Stanley, P Stsphenson Streat Taylor Teper Thomas Tillman Titus Trense Walker, L
Walker, R.L Wall
Watson
Watts
Westmoreland
Whitaker
Wiles
Williams, B
Williams, J
Williams, R
Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Sherrill of the 62nd, Polak of the 67th, Shipp of the 38th, Day of the 153rd, Falls of the 125th, Jamieson of the 22nd, Orrock of the 56th, Baker of the 70th, Bordeaux of the 151st, Yates of the 106th, Goodwin of the 79th, Joyce of the 1st, Dobbs of the 92nd, Dixon of the 150th, Evans of the 28th, Sinkfield of the 57th, Jones of the 71st, Roberts of the 162nd, Turnquest of the 73rd, Davis of the 48th, Teague of the 58th and Snow of the 2nd.
They wish to be recorded as present.

Prayer was offered by the Reverend F. Hugh Kirby, Pastor, First Baptist Church, Hartwell, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

WEDNESDAY, FEBRUARY 28, 1996

1391

Pursuant to Rule 58, Representative Crews of the 78th served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on Judiciary to report the following Bill back to the House:

HB 392. By Representatives Mueller of the 152nd, Watts of the 26th, Lee of the 94th, Barnes of the 33rd, Joyce of the 1st and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion.

Pursuant to Rule 58, Representative Campbell of the 42nd served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Committee on State Institutions and Property to report the following Bill back to the House:

HB 1240. By Representatives Campbell of the 42nd, Irvin of the 45th, Ehrhart of the 36th, Davis of the 60th and Crawford of the 129th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that offenders convicted of a serious felony shall not be eligible for consideration for parole or other early release for a specified time period.

Pursuant to Rule 58 notice served on the previous legislative day, Representative Kaye of the 37th made a procedural motion to instruct the Committee on Appropriations to report the following Bill back to the House:

HB 1104. By Representatives Kaye of the 37th, Joyce of the 1st, Woods of the 32nd, Mills of the 21st, Yates of the 106th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to change who may review certain budget requests and make certain budget unit object class transfers.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield NBirdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn N Burkhalter

NByrd Y CampbeU
N Canty N Carter N Chambless N Channell N Childers
Coker N Coleman, B N Coleman, T N Connell
Crawford Y Crews N Culbreth N Cummings
Davis, G Y Davis, M
Day N DeLoach, B N DeLoach, G NDix N Diion, H N Dixon, S
Dobbs

Y Ehrhart NEpps Y Evans
Y Falls Felton
N Floyd N Godbee N Golden
Goodwin N Greene
Grindley N Hanner N Harbin Y Harris N Heard
Heckstall Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Y Irvin N James N Jamieson
N Jenkins Y Johnson, G N Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly N Lane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddoi YMann N Martin

N McBee N McCall N McClinton
McKinney
Y Mills Mobley, B
N Mobley, J N Mosley
Mueller O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry Y Pinholster NPolak
N Ponder N Porter
P os ton N Powell
N Purcell, A N Purcell, B

1392

JOURNAL OF THE HOUSE,

N Randall N Randolph
Ray N Reaves NReichert
Roberts
N Rogers N Royal
Y Sanders N Sauder NScoggins NShanahan

N Shaw N Sherrffl
N Shipp N Simpson N Sinkfield N Skipper
N Smith, C Y Smith, C.W
N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre
Y Snelling N Snow N Stallings N Stancil, F
E Stancil, S N Stanley, L
N Stanley, P N Stephenson N Streat N Taylor

On the motion, the ayes were 36, nays 116. The motion was lost.

Teague N Teper
N Thomas N Tillman N Titus
Towery
N Trense Turnquest
N Twiggs N Walker, L
Walker, R.L N Wall

N Watson N Watts
Y Westmoreland N Whitaker
White Y Wiles
Williams, B Y Williams, J
N Williams, R Y Woods Y Yates
Murphy, Spkr

2/26/96
House of Representatives Atlanta, Georgia 30334
I would like to explain my vote on the motion by Representative Kaye to instruct the Appropriations Committee to report back to the House, HB 1104 the Budget Responsibil ity Act of 1996 under Rule 58. The Representatives motion was necessary because the bill had been held up in committee despite his repeated efforts to obtain a fair hearing. His bill would have required changes to the budget as passed by the General Assembly, to be approved by the General Assembly rather than by a small group of selected legislators fre quently referred to as the "Green Door Committee". I voted in favor of his motion because I believe in honest, open, fair and representative government that is accountable to the people.
/s/ Jim Woods

Pursuant to Rule 58, Representative Evans of the 28th served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on State Institutions and Property to report the following Bill back to the House:

HB 207. By Representatives Klein of the 39th, Ashe of the 46th, Campbell of the 42nd, Davis of the 60th and Irvin of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that notice of the board's determination, including certain information related thereto, shall be given to the person seeking a pardon, parole, or other relief and to the correctional official having such person in custody and shall be a public record.

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.

WEDNESDAY, FEBRUARY 28, 1996

1393

By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:

HB 1831. By Representatives Irvin of the 45th and Ashe of the 46th:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Anno tated, relating to annexation of territory by municipalities, so as to provide a method whereby the owners of at least 60 percent of the land of an area within a municipality in conjunction with at least 25 percent of the electors of such area can petition for a referendum election to determine whether such area will be deannexed from the municipality.
Referred to the Committee on State Planning & Community Affairs.

HB 1832. By Representative Towery of the 30th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change certain restrictions applicable to the aggregate amount of certain excise taxes and sales and use taxes and other taxes which may be imposed by a county or municipality.
Referred to the Committee on Ways & Means.

HB 1833. By Representatives Smith of the 169th, Mosley of the 171st and Dixon of the 168th:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide that the retirement allowance paid under such retirement system or any county, municipal, or local board of education retirement or pension sys tem shall be automatically increased by the same percentage as the state sal ary for public school teachers.
Referred to the Committee on Retirement.

HB 1834.

By Representatives Murphy of the 18th, Poston of the 3rd and Chambless of the 163rd:
A bill to provide a short title; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abortion and sterilization procedures.

February 28, 1996
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1834. This notice is made prior to or upon reading the bill the first time.
/s/ Thomas B. Murphy Representative, 18th District

Referred to the Committee on Judiciary.

1394

JOURNAL OF THE HOUSE,

HB 1835. By Representatives Kinnamon of the 4th, Mann of the 5th and Lifsey of the 6th:
A bill to provide a homestead exemption from certain Whitfield County School District 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 are 65 years of age or older and whose income from all sources, including the income of all individuals residing within said home stead, does not exceed $15,000.00 per annum.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1836. By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide homestead exemptions from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for edu cational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 excluding certain benefits, and who are totally disabled paralyzed homeowners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1837. By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commis sioners for the County of Jackson," so as to provide that the board of com missioners of Jackson County shall be composed of a chairperson and five commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1838. By Representatives Lucas of the 124th, Lee of the 94th, Coleman of the 142nd and Walker of the 141st:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Sports Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Sports Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide prospects.
Referred to the Committee on Rules.

HR 1130. By Representative Ashe of the 46th:
A resolution creating the Joint Study Committee on Teen-age Pregnancy Prevention.
Referred to the Committee on Rules.

HR 1133. By Representatives Lakly of the 105th, Westmorland of the 104th, Johnston of the 81st, Smith of the 102nd, Walker of the 87th and others:
A resolution urging that certain precepts be followed to ensure that Georgia's children become healthy, productive adults.
Referred to the Committee on Health & Ecology.

WEDNESDAY, FEBRUARY 28, 1996

1395

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 1840. By Representative Martin of the 47th:
A bill to amend an Act fixing the compensation of the board of commission ers of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relating to the United States decennial census used for the population classifications of such counties.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1794 HB 1795 HB 1796 HB 1797 HB 1798 HB 1799 HB 1800 HB 1801

HB 1826 HB 1827 HB 1828 HB 1829 HB 1830 HR 1093 HR 1094 HR 1095

nnHHrHiiooRRRJ Ii1laSo8rOu0>of77i HB 1809 HB 1810
BHB 1814
HB 1815 HB 1816 HHBB 11881178 HB 1819 HB 1820 HB 1821 HB 1822 HB 1823 HB 1824 HB 1825

rHtrliiKppRK 1096
TM S S2 jTMg ;m;;q;
TM^ on _nQ {g? TM 733 SB 737 a /d8 SB 74 SR 497 SR 504 SR 569 SR 578

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 675 Do Pass, by Substitute
Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

1396

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 House and has instructed me to report the same back to the House with the following recommendations:

HB 1515 Do Pass HB 1536 Do Pass, by Substitute

HB 1803 Do Pass, by Substitute HR 929 Do Pass, by Substitute

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:
HB 1790 Do Pass HB 1793 Do Pass SB 689 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 WEDNESDAY, FEBRUARY 28, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enu merated below:
HB 407 Emp Retirement; membership; North Georgia Mountains Authority HB 713 County or municipal police depts; use of nomenclature HB 1078 Business development corporations; interest on loans HB 1155 Disabled veterans or blind persons; exempt; occupation taxes HB 1166 Special county sales tax; public safety or airport facilities HB 1265 General appropriations; FY 1996-97 HB 1328 Council for Welfare Administration; create HB 1484 Mun, Co, and Volunteer Fire Dept Nomenclature Act; enact HB 1530 Ad valorem tax; motor vehicles; subclasses HB 1560 Criminal conspiracy; conviction if crime not completed HB 1632 Fair business practices; promotions; amend provisions HB 1641 St health planning; amend cert of need; provide cert of authority HB 1649 Sheriff Departments' Nomenclature Act; enact
HR 988 William Crittenden Building; designate HR 1001 Decatur County; convey property

WEDNESDAY, FEBRUARY 28, 1996

1397

HR 1074 N Georgia College; Sr Reserve Officers' Training Corps program
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 1790.

By Representative Purcell of the 9th:
A bill to provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether animal control regula tions should be established and an animal control department created.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1793. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, so as to provide that the office of judge of the State Court of Baldwin County shall be a part-time position.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 689. By Senator Dean of the 31st:
A bill to amend an Act creating the Polk County Water Authority, as amended, so as to rename the authority and provide that the renamed authority is the Polk County Water Authority's successor in all respects.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p.3876), so as to rename the authority; to add a member to the authority and pro vide for the qualifications, appointment, and term of office of such member; to provide for veto power of the chairman and for overriding such veto; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p.

1398

JOURNAL OF THE HOUSE,

3876), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"SECTION 1. Short title.
This Act shall be known and may be cited as the 'Polk County Water, Sewage, and Solid Waste Authority Act.' The authority created by this Act is renamed the Polk County Water, Sewage, and Solid Waste Authority, and any reference to the Polk County Water Authority or to the authority shall be deemed to refer to the Polk County Water, Sewage, and Solid Waste Authority."
SECTION 2. Said Act is further amended by inserting in Section 2 new subsections to be designated subsection (j) and subsection (k) to read as follows:
"(j) Notwithstanding any other provision of this section, there shall be a sixth member of the authority, who shall be a member of the Polk County Board of Commissioners who shall be appointed by such board. Notwithstanding any other provision of this sec tion, such member shall be appointed for a term of one year and may serve an unlimited number of terms as long as such member continues to be a member of the Polk County Board of Commissioners. Notwithstanding any other provision of this section, such member shall not be required to be a user of the facilities of the authority or to reside outside the corporate limits of a municipality. Notwithstanding any other provision of this section, any vacancy in the position of the sixth member shall be filled for the unexpired term by appointment of the Polk County Board of Commissioners, (k) Any resolution of the authority may be vetoed by the chairman following the adop tion of such resolution. To veto a resolution, the chairman shall send or cause to be sent to each other member of the authority a written message specifying the resolution vetoed and the reason for such veto within ten days following the adoption of such reso lution. At the following meeting of the authority, if four members of the authority vote to override the veto of the chairman, the resolution shall be adopted as the policy of the authority."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following message was received from the Senate through Mr. Eldridge, the Sec retary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 731. By Senators Starr of the 44th and Glanton of the 34th:
A bill to be entitled an Act to provide a new charter for the City of Jonesboro; to provide for reincorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations.

WEDNESDAY, FEBRUARY 28, 1996

1399

SB 745. By Senator Madden of the 47th:
A bill to create the Franklin-Hart Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses.

HB 1617.

By Representatives Ray of the 128th, Randall of the 127th, Falls of the 125th and Birdsong of the 123rd:
A bill to amend an Act known as the "Macon Water Authority Act," so as to add a definition of the term "services, facilities, and commodities fur nished".

HB 1691.

By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the sal ary system, so as to provide for the powers of the sheriff of Cherokee County regarding employment practices of that sheriffs office.

HB 1693.

By Representatives Mills of the 21st, Stephenson of the 25th, Rogers of the 20th and Smith of the 19th:
A bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over.

HB 1695.

By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.

HB 1705.

By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to pro vide for a county supplement to the senior judges of such judicial circuit.

HB 1712. By Representatives Evans of the 28th, Breedlove of the 85th, Pinholster of the 15th and others:
A bill to create the State Court of Forsyth County.

HB 1714. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the term of office of the solicitor of said court.

HB 1720. By Representative Coleman of the 142nd:
A bill to provide for the election of members of the Board of Education of Dodge County; to provide for education districts.

1400

JOURNAL OF THE HOUSE,

SB 596. By Senators Taylor of the 12th, Hooks of the 14th and Harbison of the 15th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for a comprehensive change in the guardianship of beneficiaries of the United States Department of Veterans Affairs; to provide for definitions; to provide for the appointment of guardi ans; to provide for procedures relating to guardianship.

SB 657. By Senators Ragan of the llth, Cagle of the 49th and Guhl of the 45th:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Anno tated, relating to commercial fertilizers, liming materials, and soil amend ments, so as to revise, modernize, and supersede the law relating to liming materials; to provide for a short title; to provide for definitions; to regulate the sale and distribution of agricultural liming materials in this state; to pro vide for administration.

SB 721. By Senators Turner of the 8th, Broun of the 46th, Harbison of the 15th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to specify qualifications and ser vice level for certain personnel of the commissioner of banking and finance; to change provisions relating to various fees which the Department of Bank ing and Finance may charge; to change provisions relating to payment of cer tain deposits of and checks payable to intestate deceased persons.

SB 724. By Senators Bowen of the 13th, Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to keeping of records of applicants for drivers' licenses and information on licenses, so as to provide that under certain conditions the department may provide access to a driver's operating records to a rental car company; to provide that such access shall be provided and funded through the GeorgiaNet Authority; to provide for rules and regulations.

SB 725. By Senators Perdue of the 18th and Oliver of the 42nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain data, records, information, computer software, or computer programs received by the GeorgiaNet Authority or created, produced, provided, sold, distributed, or licensed by the GeorgiaNet Authority.
The Senate has adopted by the requisite constitutional majority the following resolu tions of the Senate:

SR 399. By Senators Marable of the 52nd, Oliver of the 42nd, Thomas of the 10th and Hill of the 4th:
A resolution creating the Joint Guardianship Rewrite Committee.

SR 484. By Senators Ralston of the 51st, Farrow of the 54th and Middleton of the 50th:
A resolution designating the Southern Highroads Scenic Highway.

WEDNESDAY, FEBRUARY 28, 1996

1401

SR 495. By Senators Perdue of the 18th, Hooks of the 14th, Clay of the 37th and Land of the 16th:
A resolution creating the Joint Block Grant Study Commission.

SR 535. By Senators Walker of the 22nd, Henson of the 55th, Madden of the 47th and others:
A resolution creating the Select Oversight Committee on Medicaid.

SR 540. By Senators Johnson of the 1st, Gillis of the 20th, Johnson of the 2nd and others:
A resolution creating the Joint Coastal Zone Management Study Committee.

SR 570. By Senator Hill of the 4th:
A resolution designating a certain portion of U.S. Highway 280 as the Aden Massey Highway.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 596. By Senators Taylor of the 12th, Hooks of the 14th and Harbison of the 15th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for a comprehensive change in the guardianship of beneficiaries of the United States Department of Veterans Affairs; to provide for definitions; to provide for the appointment of guardi ans; to provide for procedures relating to guardianship.
Referred to the Committee on Judiciary.

SB 657. By Senators Ragan of the llth, Cagle of the 49th and Guhl of the 45th:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Anno tated, relating to commercial fertilizers, liming materials, and soil amend ments, so as to revise, modernize, and supersede the law relating to liming materials; to provide for a short title; to provide for definitions; to regulate the sale and distribution of agricultural liming materials in this state; to pro vide for administration.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 721. By Senators Turner of the 8th, Broun of the 46th, Harbison of the 15th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to specify qualifications and ser vice level for certain personnel of the commissioner of banking and finance; to change provisions relating to various fees which the Department of Bank ing and Finance may charge; to change provisions relating to payment of cer tain deposits of and checks payable to intestate deceased persons.
Referred to the Committee on Banks & Banking.

1402

JOURNAL OF THE HOUSE,

SB 724. By Senators Bowen of the 13th, Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to keeping of records of applicants for drivers' licenses and information on licenses, so as to provide that under certain conditions the department may provide access to a driver's operating records to a rental car company; to provide that such access shall be provided and funded through the GeorgiaNet Authority; to provide for rules and regulations.
Referred to the Committee on Motor Vehicles.

SB 725. By Senators Perdue of the 18th and Oliver of the 42nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain data, records, information, computer software, or computer programs received by the GeorgiaNet Authority or created, produced, provided, sold, distributed, or licensed by the GeorgiaNet Authority.
Referred to the Committee on Judiciary.

SB 731. By Senators Starr of the 44th and Glanton of the 34th:
A bill to be entitled an Act to provide a new charter for the City of Jonesboro; to provide for reincorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 745. By Senator Madden of the 47th:
A bill to create the Franklin-Hart Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 399. By Senators Marable of the 52nd, Oliver of the 42nd, Thomas of the 10th and others:
A resolution creating the Joint Guardianship Rewrite Committee.
Referred to the Committee on Judiciary.

SR 484. By Senators Ralston of the 51st, Farrow of the 54th and Middleton of the 50th:
A resolution designating the Southern Highroads Scenic Highway.
Referred to the Committee on Transportation.

WEDNESDAY, FEBRUARY 28, 1996

1403

SR 495. By Senators Perdue of the 18th, Hooks of the 14th, Clay of the 37th and others:
A resolution creating the Joint Block Grant Study Commission.
Referred to the Committee on Appropriations.

SR 535. By Senators Walker of the 22nd, Henson of the 55th, Madden of the 47th and others:
A resolution creating the Select Oversight Committee on Medicaid.
Referred to the Committee on Appropriations.

SR 540. By Senators Johnson of the 1st, Gillis of the 20th, Johnson of the 2nd and others:
A resolution creating the Joint Coastal Zone Management Study Committee.
Referred to the Committee on State Institutions & Property.

SR 570. By Senator Hill of the 4th:
A resolution designating a certain portion of U.S. Highway 280 as the Aden Massey Highway.
Referred to the Committee on Transportation.

Representative Irvin of the 45th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1723. By Representatives Connell of the 115th, Coleman of the 142nd, Lee of the 94th, Buck of the 135th, Parrish of the 144th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain restrictions regarding absentee vot ing shall not apply during a limited period of time immediately preceding a primary or election.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe
N Bailey N Baker Y Bannister NBarfoot N Bargeron
Y Barnard NBarnes
Bates N Benefield
N Birdsong N Bordeaux N Bostick
Y Breedlove Y Brooks, D
N Brooks, T Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter

NByrd Y Campbell N Canty
N Carter N Chambless N Channel! N Childers Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford Y Crews Y Culbreth N Cummings
Davis, G Y Davis, M
YDay Y DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S
Dobbs

YEhrhart NEpps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden
Good win N Greene Y Grindley N Banner
Harbin Y Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson
Hugley

Y Irvin N James N Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann
Martin

N McBee N McCall N McClinton N McKinney Y Mills
Mobley, B
N Mobley, J N Mosley
Mueller O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B

1404

JOURNAL OF THE HOUSE,

N Randall N Randolph
Ray N Reaves NReichert N Roberts Y Rogers N Royal Y Sanders Y Sauder NScoggins
NShanahan

N Shaw Sherrill
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T
Y Smith, V

Smith, W N Smyre
Y Snelling N Snow
Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat
N Taylor

On the motion, the ayes were 57, nays 102. The motion was lost.

N Teague N Teper
N Thomas N Tillman N Titus
Towery Y Trense
Turnquest N Twiggs N Walker, L Y Walker, R.L
N Wall

N Watson Watts
Y Westmoreland N Whitaker N White Y Wiles Y Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

2/26/96
House of Representatives Atlanta, Georgia 30334
I voted in favor of the motion to reconsider yesterdays vote on House Bill 1723 because I believe that HB 1723 was politically motivated and that it is bad policy. It is common knowledge that absentee voting is the most prevalent avenue for vote fraud. HB 1723 removes all of the restrictions currently imposed upon absentee voting which, in the absence of such minimal safeguards such as requiring proof of U.S. citizenship in order to register to vote, puts the political process at risk of a significant increase in vote fraud.
/s/ Jim Woods

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1038.

By Representatives Holmes of the 53rd, Brooks of the 54th, Canty of the 52nd, Anderson of the 116th, Taylor of the 134th and others:
A resolution commending the Georgia chapter of the National Association for the Advancement of Colored People (NAACP) and inviting President Walter Butler to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 1134. By Representatives Murphy of the 18th, Lee of the 94th, Walker of the 141st, Watts of the 26th, Skipper of the 137th and others:
A resolution recognizing Honorable Roy H. "Sonny" Watson, Jr.

HR 1135. By Representatives Smith of the 109th and Jenkins of the 110th: A resolution commending Joe and Mable Deraney.

HR 1136. By Representatives Smith of the 109th and Jenkins of the 110th: A resolution expressing regret at the passing of Roger Brown.

HR 1137. By Representatives White of the 161st, Roberts of the 162nd and Chambless of the 163rd:
A resolution designating Mattie's Bistro and Bakery's pecan pie as the offi cial state pie of Georgia.

WEDNESDAY, FEBRUARY 28, 1996

1405

HR 1138. By Representatives Brush of the 112th, Harbin of the 113th, Williams of the 114th and Bargeron of the 120th:
A resolution honoring Cecilia Fancher Powell.

HR 1139. By Representative Streat of the 167th: A resolution commending Marilyn and Donnie Smith.

HR 1140. By Representative Floyd of the 138th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest.

HR 1141. By Representative Coleman of the 80th: A resolution commending Adam S. Preble.

HR 1142. By Representative Coleman of the 80th: A resolution commending Drew F. Smedley.

HR 1143. By Representatives Royal of the 164th, Carter of the 166th and Bostick of the 165th:
A resolution commending the Colquitt County Jail Restoration Committee.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1265. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1996 and ending June 30, 1997; 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, political subdivi sions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the total of $11,324,027,653 is hereinafter appropriated for the State Fiscal Year beginning July 1, 1996 and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a reve nue estimated of $11,324,027,653 for State Fiscal Year 1997. (Includes $148,828,880 in Indigent Care Trust Fund receipts and $546,198,773 from Lottery proceeds.)

PART I LEGISLATIVE BRANCH

Section 1. F.Y. 1997

Legislative Branch. $25,810,775

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for

1406

JOURNAL OF THE HOUSE,

operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis lature and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Leg islative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most effi cient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, and the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, fur nishings, repairs, printing services, and other expenses of the Legislative Branch of Gov ernment; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations.

Section 2. F.Y. 1997

Department of Audits. $20,075,626

PART II JUDICIAL BRANCH

Section 3. F.Y. 1997

Judicial Branch $90,957,298

PART III EXECUTIVE BRANCH

Section 4. F.Y. 1997

Department of Administrative Services. $40,910,392

Section 5. F.Y. 1997

Agency for the Removal of Hazardous Materials. $0

Section 6. F.Y. 1997

Department of Agriculture. $40,943,784

Section 7. F.Y. 1997

Department of Banking and Finance. $9,152,461

Section 8. F.Y. 1997

Department of Children and Youth Services. $133,008,558

WEDNESDAY, FEBRUARY 28, 1996

1407

It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to utilize funds on the following programs in Fiscal Year 1997 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juve nile offenses or of becoming pregnant; Community Mental Health Services for Children and Adolescents and alternatives to secure detention; Child welfare services to include protective services, child care, and services needed to prevent unnecessary and inappropriate placement of children who are at risk of becom
ing wards of the state; Foster Care Rates; and Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 9. F.Y. 1997

Department of Community Affairs. $25,171,519

Provided that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Atlanta

Public Access and Teacher Education Program at Clark Atlanta University

$134,000

Houston County

Expansion and Operation of Aviation Museum and Hall of Fame

$ 90,000

Bibb County

Payment to Macon-Bibb County Hospital Authority for Regional Health Education Center

$2,000,000

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for Loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.

Section 10. F.Y. 1997

Department of Corrections. $696,576,939

Section 11. F.Y. 1997

Department of Defense. $4,175,894

Section 12. F.Y. 1997

State Board of Education. $4,147,309,069

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,780.16. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Extended-year funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work site development and supervision.

1408

JOURNAL OF THE HOUSE,

Provided that, of the above appropriation relative to staff and professional develop ment, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided that, of the above appropriation relative to staff and professional develop ment, the State Board of Education is authorized to designate up to five percent of the total appropriated for staff development to train teachers to teach Algebra, Environmental Education, and other State Board priorities.
Provided, that of the above appropriation relative to the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for middle school programs.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to utilize funds on the following programs in Fiscal Year 1997 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 13. F.Y. 1997

Employees' Retirement System. $0

Section 14. F.Y. 1997

Forestry Commission. $35,135,445

Section 15. F.Y. 1997

Georgia Bureau of Investigation. $45,306,881

Section 16. F.Y. 1997

Office of the Governor. $29,591,979

Section 17. F.Y. 1997

Department of Human Resources. $1,190,684,518

It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to utilize funds on the following programs in Fiscal Year 1997 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget.
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juve nile offenses or of becoming pregnant. Community Mental Health Services for Children and Adolescents. Child Welfare services to include protective services, child care, and services needed to prevent unnecessary and inappropriate placement of children who are at risk of becom ing wards of the state. Foster Care Rates Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 18. F.Y. 1997

Department of Industry, Trade and Tourism. $20,579,423

Section 19. F.Y. 1997

Office of the Commissioner of Insurance. $15,053,987

Section 20.

Department of Labor.

WEDNESDAY, FEBRUARY 28, 1996

1409

F.Y. 1997

$19,603,599

Section 21. F.Y. 1997

Department of Law. $12,285,791

Section 22. F.Y. 1997

Department of Medical Assistance. $1,306,600,144

Section 23. F.Y. 1997

State Merit System of Personnel. $0

The Department is authorized to assess no more than $174.25 per merit system bud geted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for F.Y. 1997 shall not exceed 12.5 percent.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for F.Y. 1997 shall not exceed 8.66 percent.

Section 24. F.Y. 1997

Department of Natural Resources. $94,518,637

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50% of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to reve nues collected from a state parks parking pass implemented by the Department.

Section 25. F.Y. 1997

Department of Public Safety. $112,450,522

Section 26. F.Y. 1997

Public School Employees' Retirement System. $13,315,000

Section 27. F.Y. 1997

Public Service Commission. $8,463,836

Section 28. F.Y. 1997

Regents'. University System of Georgia. $1,330,947,097

Provided, that of the above amount $1,500,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fis cal Affairs Subcommittees.
The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing a health benefit reserve in the amount not to exceed twenty percent of total benefit payments for the fiscal year to which this appro priation act applies. Such transfers shall not require approval of either the Office of Plan ning and Budget or the Fiscal Affairs Subcommittee.
Of the above Lottery Funds, $15,000,000 from the Equipment, Technology and Con struction Trust Fund shall be used to match public and private grants to public colleges and universities. The Board of Regents shall allocate a minimum of $3,000,000 for educa tional and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.

Section 29. F.Y. 1997

Department of Revenue. $89,951,075

Section 30. F.Y. 1997

Secretary of State. $30,161,422

1410

JOURNAL OF THE HOUSE,

Section 31. F.Y. 1997

Soil and Water Conservation Commission. $2,162,589

Section 32. F.Y. 1997

Georgia Student Finance Commission. $196,230,587

Section 33. F.Y. 1997

Teachers' Retirement System. $4,130,000

Section 34. F.Y. 1997

State Board of Technical and Adult Education. $220,954,367

Provided, that none of the State funds appropriated in this section may be used for
the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education.

Section 35. F.Y. 1997

Department of Transportation. $542,561,678

For this and all future general appropriations acts, it is the intent that the following provisions apply:
(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart
ment of Administrative Services. (b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi
tional appropriations or balances brought forward from previous years subject to the
approval by the Office of Planning and Budget. (c) Interstate Rehabilitation Funds may be used for four-laning and passing lanes.
Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used
to match additional Federal aid. (d) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal
year to determine the collection of Motor Fuel Tax in the immediately preceding year less
refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in this Section in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax appro
priations. (e) Functions financed with General Fund appropriations shall be accounted for sepa
rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, paragraph VI, Subsection (b) of the State Constitution.
(f) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses and air transportation service income may be retained to maintain and
upgrade the quality of air transportation equipment. It is the express intent of this General Assembly, by this Act, that the use of motor
fuel funds for the purpose of providing annual debt services on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and spe
cific purpose of addressing the State's special need appropriation.

Section 36. F.Y. 1997

Department of Veterans Service. $21,574,729

Section 37. F.Y. 1997

State Board of Workers' Compensation. $10,510,933

Section 38. F.Y. 1997

State of Georgia General Obligation Debt Sinking Fund. $415,033,101

A. Budget Unit:

WEDNESDAY, FEBRUARY 28, 1996

1411

State General Funds (Issued) Motor Fuel Tax Funds (Issued)

$ 337,048,188
35,000,000 $ 372,048,188

B. Budget Unit: State General Funds (New) Motor Fuel Tax Funds (New)

$ 42,984,913
0 $ 42,984,913

With regards to the appropriations in Section 38 to the "State of Georgia General Obligation Debt Sinking Funds" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appro priations of highest annual debt service requirements of the new debt are specified as fol lows:
From the appropriation designated "State General Funds (New)", $8,602,500 is specif ically appropriated for the purpose of financing educational facilities for county and inde pendent school systems through the State Board of Education, through the issuance of not more than $93,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,095,663 is specif ically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipali ties, or boards of trustees of public libraries or library systems, through the issuance of not more than $11,845,000 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)", $8,451,725 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, water, 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 $91,370,000 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)", $2,241,855 is specif ically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,705,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $189,163 is specifi cally appropriated for the purpose of financing Georgia Agricultural Exposition Authority facilities for the Department of Natural Resources, by means of the acquisition, construc tion, development, extension, enlargement, or improvement of land, water, property, high ways, buildings, structures, equipment or facilities, both real and personal necessary or useful in connection therewith, through the issuance of not more than $2,045,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,850,000 is specif ically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local entities for water or sewer facilities or sys tems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.

1412

JOURNAL OF THE HOUSE,

From the appropriation designated "State General Funds (New)", $169,738 is specifi cally appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal necessary or useful in connection therewith, through the issuance of not more than $1,835,000 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)", $1,387,500 is specif ically appropriated for the purpose of financing a regional and cultural in ColumbusMuscogee County, Georgia, for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which
shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $462,500 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, water, 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)", $138,750 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, water, 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 ir principal amount of General Obligation Debt, the instruments of which shall have maturmas not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $136,290 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, water, property, highways, buildings, structures, equipment or
facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $590,000 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)", $185,000 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, water, 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)", $555,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Hall of Fame, by means of the acquisition, construction, development, extension, enlargement, or improve
ment of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of
which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,850,000 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, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

WEDNESDAY, FEBRUARY 28, 1996

1413

From the appropriation designated "State General Funds (New)", $127,050 is specifi cally 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, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $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)", $441,210 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, water, 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 $1,910,000 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)", $330,330 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, water, 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 $1,430,000 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)", $10,072,500 is spe cifically appropriated for the purpose of financing projects for the Department of Trans portation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
From the appropriation designated "State General Funds (New)", $444,000 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, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $219,688 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,375,000 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)", $554,400 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $40,425 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures,

1414

JOURNAL OF THE HOUSE,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $175,000 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)", $153,086 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 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)", $1,561,560 is specif ically appropriated for the purpose of financing projects for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,760,000 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)", $481,000 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, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $5,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $64,680 is specifi cally appropriated for the purpose of financing projects for the Department of Public Safety, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $280,000 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)", $69,300 is specifi cally appropriated for the purpose of financing projects for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $300,000 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)", $462,500 is specifi
cally appropriated for the purpose of financing projects for the Georgia Building Author
ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, 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)", $462,500 is specifi
cally appropriated for the purpose of financing projects for the Georgia Building Author
ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, 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)", $185,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,000,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months.

WEDNESDAY, FEBRUARY 28, 1996

1415

Section 39. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 40. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.
Section 41. Each and every agency, board, commission, and authority receiving appropriations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 42. In accordance with the requirements of Article IX, Section VI, Para graph l(a) of the Constitution of the State of Georgia, as amended, there is hereby appro priated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in exis tence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, untii all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insuffi cient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 43. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Bud get utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 44. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as

1416

JOURNAL OF THE HOUSE,

to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.

Section 45. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmers gasoline tax refund and any other refunds specifically authorized by law.

Section 46. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with federal funds.

Section 47. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Execu tive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common" object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publications and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.
(2) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount of each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 48. 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 49. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 50. Salary Adjustment

$309,882,998

WEDNESDAY, FEBRUARY 28, 1996

1417

In addition to all other appropriations for the State Fiscal Year ending June 30, 1997, there is hereby appropriated $309,882,998 for the purposes described herein; (1) for salary increases of 4% for full-time employees of the executive, judicial and legislative branches of government effective October 1, 1996 with the executive branch employees' increase based on implementation of an annual pay for performance rating system and October 1 common anniversary date; (2) for a 4% increase for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Sec tion 45-7-4 effective October 1, 1996; (3) for an increase of 2% for members of the General Assembly effective October 1, 1996; (4) for a 6% increase in state base salary on the teacher salary schedule for the State Board of Education, effective September 1, 1996; (5) for only 6% salary increase for each certified teacher with the Department of Technical and Adult Education effective September 1, 1996; (6) for a 4% salary adjustment for State paid school bus drivers and lunchroom workers effective July 1, 1996; (7) for a 5% salary increase for incumbents in the Correctional Officer job class, effective October 1, 1996, which is in addition to the 4% increase in item 1 above; (8) for a 6% funding level for salary increases for Regents faculty and support personnel to be awarded on July 1, 1996 for non-academic personnel and September 1, 1996 for academic personnel.

Section 51. Olympic Safety and Security

$12,245,000

In addition to all other appropriations for State Fiscal Year ending June 30, 1997, there is hereby appropriated $12,245,000 for the purposes described herein: (1) to cover overtime expenses for personnel assigned to Olympic functions, for agency replacement personnel, and for other operating expenses; (2) to provide security during the 1996 Paralympics Games.

Section 51. F.Y. 1997

TOTAL STATE FUND APPROPRIATIONS $11,324,027,653

Section 52. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 53. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1996, and ending June 30, 1997; 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, 1996, and ending June 30, 1997, 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 $10,629,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997.

1418

JOURNAL OF THE HOUSE,

PART I.

LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly..........................................................!
Personal Services - Staff................................................................! Personal Services - Elected Officials............................................! Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................! Capital Outlay .................................................................................$ Per Diem Differential.....................................................................! 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....................................................................!

25,810,775 13,610,340
3,784,583
2,639,647 98,000 7,000 0 585,000 232,000 475,000 5,000 650,500 125,980
2,374,925 90,000
1.132.800 25,810,775 25,810,775

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

$

4,018,084

641,433

1,159,009

5,818,526

4,018,084 641,433
1.159.009 5,818,526

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

!

10,473,417

!

540,240

!

1,390,034

!

12,403,691

!

10,473,417

!

540,240

!

1,390,034

!

12,403,691

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budegtary Responsibility
Oversight Committee Total

!

2,711,423

!

2,238,789

!

980,000

!

1,290,022

!

368.324

!

7,588,558

$

2,711,423

!

2,238,789

!

980,000

!

1,290,022

!

368.324

$

7,588,558

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the Central Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Goverm .ents, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative

WEDNESDAY, FEBRUARY 28, 1996

1419

organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary 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....................................................................!

19,229,367 15,993,269
602,030 575,000 268,695 15,000 895,000 58,225 660,000 162,148 19,229,367 19,229,367

PART II

JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch..............................................................?
Personal Services.............................................................................? Other Operating..............................................................................! Prosecuting Attorney's Council.....................................................? Judicial Administrative Districts..................................................? Payment to Council of Superior Court Clerks...........................? Payment to Resource Center.........................................................? Computerized Information Network............................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

82,773,495 11,532,966 68,513,898 2,107,215 1,308,012
26,240 300,000 683,800 84,472,131 82,773,495

1420

JOURNAL OF THE HOUSE,

Judicial Branch Functional Budgets

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District
Attorneys 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

6,498,792

$

7,253,824

34,911,076

26,866,394 1,033,576

750,219 1,991,359
164,309 3,000,000

1,759,514

243,068 84,472,131

5,873,321 7,203,824 34,843,076
25,911,229 1,033,576
750,219 1,991,359
164,309 3,000,000
1,759,514
243.068 82,773,495

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....................................................................!

40,646,644 48,900,672 12,758,301
432,865 696,459 1,517,294 16,674,556 3,537,507 2,881,122 2,634,296 11,792,750
0 2,972,744
0
0 55,617,230
896,550 21,000,000
700,000 35,000 48,500 85,000 183,180,846 40,646,644

Departmental Functional Budgets

Total Funds

State Funds

Executive Administration Departmental Administration Statewide Systems Space Management Procurement Administration

1,121,051 2,136,046 12,714,200
517,000 2,928,212

559,858 2,004,859 9,739,403
517,000 2,928,212

WEDNESDAY, FEBRUARY 28, 1996

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

$

604,880

$

20,905,028

$

44,171,792

$

4,567,736

$

77,772,859

$

3,252,953

$

2,619,102

$

1,284,449

$

3,587,642

$

480,988

$

0

$

942,411

$

3,574.497

$ 183,180,846

B. Budget Unit: Georgia Building Authority. Personal Services........................................... Regular Operating Expenses....................... Travel.............................................................. Motor Vehicle Purchases............................. Equipment...................................................... Computer Charges......................................... Real Estate Rentals...................................... Telecommunications..................................... Per Diem, Fees and Contracts.................... Capital Outlay............................................... Utilities........................................................... Contractual Expense..................................... Facilities Renovations and Repairs............ Total Funds Budgeted.................................. State Funds Budgeted..................................

Departmental Functional Budgets

Total Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilies Program Total

1,485,634 5,475,952 4,453,839 6,785,722
382,451 4,097,175 12,386,540
451,635 928,852 36,447,800

Section 5. 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....................................

1421
0 0 14,069,599 0 5,850,000 0 0 0 700,000 480,988
0 496,397
3.300,328 40,646,644
0 21,719,670 13,236,589
12,000 268,000 452,400 110,100 15,071 228,970 405,000
0 0 0 0 36,447,800 0

State Funds

$

0

$

0

$

0

$

0

0

0

0

0

0

0

37.458,541 31,544,513 4,503,508
959,114 692,227 439,750 550,000 814,475 412,585

1422

JOURNAL OF THE HOUSE,

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....................................................................!

992,587 1,046,000
2,750,466
2,678,811 312,000 60,000 175,000
619,163 250,000
350,000 0
40,000 0
49,190,199 37,458,541

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

8,099,581 15,790,232 6,754,599 6,344,617 3,514,005 8,105,062
582,103 49,190,199

7,318,581 12,658,097 3,079,599 6,075,117 3,384,305 4,942,842
0 37,458,541

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 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance.........................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$

9,100,000 7,483,065
455,685 400,000
36,750

WEDNESDAY, FEBRUARY 28, 1996

1423

Equipment............................................................... .........................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts .....................................................,$ Total Funds Budgeted....................................................................$ State Funds Budgeted......................................,.............................!

8,200 295,000 335,000 73,000 13,300 9,100,000 9,100,000

Section 7. 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............................./......................................!

135,102,255 82,212,538 7,228,704
901,207 147,402 419,583 265,336 1,690,885 934,714 4,865,409 2,382,853 509,559 3,715,495 17,760,980 17,329,342
0 140,364,007 135,102,255

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

31,233,075 14,938,805 12,906,291 6,604,822 5,418,517 18,555,780
0 487,745 1,023,480 36,241,238
974,262 582,587 7,527,175 3,870,230 140,364,007

29,514,514 14,215,112 12,085,355 6,273,866 5,081,920 18,408,976
0 487,745 1,023,480 35,147,033
974,262 582,587 7,527,175 3,780,230 135,102,255

Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs .......
Personal Services......................................................... Regular Operating Expenses ..................................... Travel............................................................................ Motor Vehicle Purchases........................................... Equipment....................................................................

28,455.840 6,005,436
334,749 167,696
0 1,368

1424

JOURNAL OF THE HOUSE,

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....................................................................!

132,424 513,430 54,610 279,160
0
2,167,374 5,522,250
112,439
30,000,000 0
690,702 275,550 650,000 4,625,000 2,814,244
2,321,675 6,650,000
500,000
204,101 0
209,499 0
64,231,707 28,455,840

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

$

27,755,444

$

3,762,040

$

32,714,223

!

64,231,707

$

23,218,077

!

3,587,512

$

1,650,251

!

28,455,840

Section 9. 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.....................................!

651.842.011 456,864,099 57,578,948
2,162,244 2,848,384 4,695,277 6,017,166 6,008,776 6,850,514 6,972,555
0 21,267,728
900,000 16,786,950 6,843,750
0

WEDNESDAY, FEBRUARY 28, 1996

1425

Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................$ Payments to Public Safety for Meals ..........................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification ........................................................................$ University of Georgia - College of
Veterinary Medicine Contracts .................................................$ Minor Construction Fund..............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................$ Georgia Correctional Industries ....................................................$ State Funds Budgeted....................................................................$

1,127,250
4,059,700
1,376,000 461,160
1,300,000 66,985,723
63,420
366,244 894,000 672,429,888 450,000
0 651,842,011

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

76,663,076

$ 491,354,290

$ 104,412,522

$ 672,429,888

74,668,076 477,023,025 100,150,910 651,842,011

B. Budget Unit: Board of Pardons and Paroles ...............................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................I Equipment........................................................................,...............! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

42,231.308 32,379,357 1,615,677
542,000 78,000 191,424 291,200 2,785,000 930,000 2,743,650 650,000 25.000 42,231,308 42,231,308

Section 10. 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....................................................................!

4,162,871 9,035,906 6,083,797
29,375 0
28,840 11,125 24,400 40,825 458,000
0 15,712,268 4,162,871

Departmental Functional Budgets

Total Funds

State Funds

1426

JOURNAL OF THE HOUSE,

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

1,398,374

5,215,262

9.098.632

$

15,712,268

Section 11. 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.................................! Limited English-Speaking Students Program ............................$ 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..........................................!

1,359,225 503,878
2,299.768 4,162,871
3,869,480.007
31,304,565 4,606,393
932,048 80,914 287,255 8,708,976 1,495,506 1,116,985 18,048,646 912,272
0
892,506,494 826,337,967 312,138,845 195,395,882 110,390,437 370,993,328 56,018,006 79,938,450
35,031,019 102,950,643 723,938,769 136,403,015 (673,335,756)
0 0
164,772,551 3,609,604 24,382,088 85,392,400 74,884,571 563,759 13,895,030
143,999,894 5,408,750 54,732,103 1,308,088 42,156,666
188,375,722 27,661,249
1,491,147 9,325,478

WEDNESDAY, FEBRUARY 28, 1996

1427

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....................................................! 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.............................................................................! Advanced Placement Exams .........................................................$ Serve America Program .................................................................$ Youth Apprenticeship Grants.......................................................! Remedial Summer School..............................................................! Alternative Programs......................................................................! Environmental Science Grants..............................................,.......! Pay for Performance.......................................................................! Mentoring Program.................................................................,.......! Charter Schools.....,.........................................................................! Technology Specialist.....................................................................! Migrant Education..........................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

3,474,586 21,568,361 5,041,480 1,720,000 7,233,500
293,520 2,720,906
12,477,124 5,828,704
974,478 4,998,958 25,244,070
9,663,513
14,395,919 601,772
1,690,215 500,000
11,625,943 5,979,345
164,514 5,042,895
273,723
99,047,892 12,489,184 1,250,000
0 382,597 4,340,000 1,875,664 12,126,442 100,000 2,000,000 500,000 55,000 14,416,122 266,403 4,368,522,589 340,000 3,869,480,007

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

6,622,893 21,876,660 1,208,128 16,102,273 5,123,413 1,066,099 4,301,379,029 5,292,296 4,913,947

!

5,733,658

$

17,064,279

!

1,130,539

!

11,599,085

!

2,185,064

!

1,066,099

! 3,816,313,225

$

5,038,911

!

4,684,851

1428

JOURNAL OF THE HOUSE,

for the Deaf Total

4,937,851 4,368,522,589

4,664,296 3,869,480,007

B. Budget Unit: Lottery for Education..............................................! Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Next Generation Schools ...............................................................$ Alternative Programs......................................................................! Educational Technology Centers..................................................$ Distant Learning - Satellite Dishes..............................................$ Model Technology Schools ............................................................$ Capital Outlay .................................................................................$ Post Secondary Options .................................................................$ Learning Logic Sites.......................................................................$ Media Center/Library Equipment................................................$ Computers in the Classroom .........................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................$

281,113.708 184,632,364
3,650,000 0 0 0 0 0
64,726,684 1,000,000 0 0
27,104,660 281,113,708 281,113,708

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System ..................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipmei ',..............................................................,.........................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Total Funds Budgeted...................................................... .............$ State Funds Bur -eted....................................................................$

0 1,884,668
298,500 18,000
0 13,220 554,222
302,000
38,362 1,281,000
0 4,389,972
0

Section 13. 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....................................................................!

34,385,008 28,870,075 5,777,558
159,937 921,785 1,559,419 310,500 54,764 928,106 379,307
0 28,500 60,000 241,752 39,291,703 34,385,008

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and

1,790,318 33,547,465

$

0

$

30,599,243

WEDNESDAY, FEBRUARY 28, 1996

1429

Support Total

3,953,920 39,291,703

3,785,765 34,385,008

Section 14. 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..............................................

45,637,675 34,482,188 3,978,630
463,187 476,558 606,640 700,837 2,086,425 1,090,470 1,268,740 484,000
0 45,637,675 45,637,675

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

3,753,308 24,130,154 7,783,785 9,970,428 45,637,675

3,753,308 24,130,154 7,783,785 9,970,428 45,637,675

Section 15. 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.......................................................................3 Grants - Other.................................................................................? Grants - Civil Air Patrol................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

30,095,230 14,869,285
971,694 272,039
0 65,776 585,327 1,005,258 456,996 4,342,390 3,360,858 40,000 3,350,000 165,000 3,850,000 372,960 150,000
0 290,975 1,187,700 100,000 684,400 1,085,968
0 60,000 37,266,626 30,095,230

Departmental Functional Budgets

Total Funds

State Funds

1430

JOURNAL OF THE HOUSE,

Governor's Office Office of Fair Employment
Practices Office of Planning and Budget Council for the Arts Office of Consumer Affairs Georgia Information Technology
Policy Council Criminal Justice Coordinating
Council Children and Youth
Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

6,915,858
962,187 7,761,382 5,210,787 3,111,340
336,001
1,354,727
1,881,303 307,352
4,342,409
4,990,614
92,666 37,266,626

6,915,858
804,187 7,661,382 4,416,439 3,111,340
336,001
415,408
528,303 307,352 4,342,409
1,163,885
92,666 30,095,230

Section 16. 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...........................................! Grant - In - Aid to Counties.........................................................! Grants to County DFACS Operations .........................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

688,887,214
50,643,536 2,159,717 1,332,087 1,647,558
91,675 4,826,668 4,799,315 1,282,446
734,732 244,000 46,286,389 36,106,342 73,440 997,780 16,626,037 350,000 741,211 168,942,933 412,600 104,333,447

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Office of Children and Youth Administrative Support Services Facilities Management Regulatory Services - Program
Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services

5,681,781 2,086,402 46,286,389 20,116,698 5,468,694
854,526 3,116,180 9,615,430 6,141,002 6,003,639

5,681,781 2,086,402 33,135,726 18,473,544 4,214,698
844,526 3,116,180 3,880,947 2,244,611 5,803,639

WEDNESDAY, FEBRUARY 28, 1996

Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency DD Council Total
2. Public Health Budget: Personal Services..................... Regular Operating Expenses.

1,796,490 1,741,224
0 471,184 56,224,960 1,655,757 1,682,577 168,942,933

Motor Vehicle Purchases .

Real Estate Rentals ................................... Per Diem, Fees and Contracts ................. Computer Charges...................................... Telecommunications.................................. Special Purpose Contracts........................ Purchase of Service Contracts ................. Grant-In-Aid to Counties.......................... Institutional Repairs and Maintenance..

Medical Benefits.............................. Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women
and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control

12,565,802 1,319,287 1,491,037 2,116,947 4,162,550
5,153,919 2,194,741 10,376,510
82,711,047 60,102,304 13,134,478 3,098,157
1,906,790 480,269 982,669
6,069,857 1,114,135 1,174,334 2,399,100
462,982 547,431 4,793,293 1,220,417 359,422

1431
1,796,490 1,741,224 (8,440,218)
471,184 27,655,793
1,575,757 51,163
104,333,447
52,908,123 75,536,583
976,376 0
501,177 1,463,527 3,965,186 1,646,431 1,260,661
682,869 11,960,348 120,427,307
34,500 125,529 4,462,872 275,951,489 549,718 147,067,910
State Funds
12,436,127 1,140,091 1,168,862 1,120,988 3,747,545
5,041,919 304,952
5,625,092
0 59,167,832 5,812,530
1,784,975 1,762,627
330,279 0
4,610,739 798,834 480,631 903,425 462,982 547,431
4,793,293 1,023,192
158,242

1432

JOURNAL OF THE HOUSE,

Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division
Indirect Cost Total

$

1,808,996

$

1,903,326

$

2,713,848

$

859,768

$

6,186,709

$

4,171,279

$

129,166

!

9,677,242

$

9,215,767

$

3,250,000

$

3,212,259

!

170,408

$

12,715,243

$

0

$ 275,951,489

3. Rehabilitation Services Budget: Personal Services........................ Regular Operating Expenses.... Travel ........................................... Motor Vehicle Purchases..........

Real Estate Rentals ................................... Per Diem, Fees and Contracts ................. Computer Charges...................................... Telecommunications.................................. Case Services............................................... E.S.R.P. Case Services............................... Special Purpose Contracts ........................ Purchase of Services Contracts................ Institutional Repairs and Maintenance.. Utilities........................................................ Postage......................................................... Total Funds Budgeted............................... Indirect DOAS Services Funding ........... State Funds Budgeted...............................

Departmental Functional Budgets

Total Funds

District Field Services Independent Living Sheltered Employment Community Facilities State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

$

49,377,767

$

903,650

$

1,674,364

$

10,243,606

$

6,931,754

$

809,166

$

4,381,395

$

697,357

$

35,129,641

$

12,570,382

$

24.513,538

$

147,232,620

4. Family and Children Services Budget: Personal Services.................................... Regular Operating Expenses................ Travel.......................................................

1,808,996 1,671,850 2,491,030
670,695 5,916,709 1,570,418
129,166 5,052,774
745,341 2,493,380 2,088,655
152,911 10,589,115
(1,535.718) 147,067,910
76,064,243 12,526,958 1,218,988
83,000
743,880
4,816,685 7,939,678 2,457,974 1,697,134 25,722,363
0 688,062 11,303,600 215,000 937,269 817.786 147,232,620 100,000 23,366,144
State Funds
9,711,020 595,794 728,008
3,688,756 1,123,164
0 1,353,460
697,357 0
873,122 4,595.463 23,366,144
46,328,106 4,742,042
967,632

WEDNESDAY, FEBRUARY 28, 1996

1433

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 ChildrenPurchase of Service Contracts.

Grants to County DFACS - Operations . Total Funds Budgeted............................... Indirect DOAS Services Funding ............ State Funds Budgeted...............................

Departmental Functional Budgets

Total Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Employment Services 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

$

372,878

4,425,843

6,245,323

3,940,335

11,492,524

1,144,550

3,331,380

30,861,805

I,594,437

65,589,726

402,036,612

100

2,799,420

9,893,600

109,825,269

89,553,161 3,190,752

8,210,542

62,146,743

18,882,917 26,830,224 3,190,503 32,960,883 10,757,999 5,845,856 12,468,472 II,544,785 118,285,892
0 1,423,128 2,206,761
0

..$

0

..$

400,080

..$

3,519,841

..$

19,572,831

..$

29,591,929

..$

9,656,881

..$

2,206,761

..$

413,875,732

..$

4,506,070

..$

217,426,531

..$

15,213,396

..$

4,425,956

..$

288.618,632

..$

1,061,052,420

..$

2,565,582

..$

414,119,713

State Funds

$

372,878

$

3,898,740

$

5,175,049

$

3,940,335

$

256,299

$

1,144,550

$

2,439,363

$

13,181,865

$

1,594,437

$

4,908,816

$ 154,222,350

$

100

$

0

$

0

$

54,946,294

$

32,118,017

$

0

$

2,519,399

$

31,622,626

$

7,852,157

$

11,206,449

$

2,420,990

$

18,405,691

$

7,283,205

$

4,248,383

$

9,374,838

$

7,408,642

$

38,486,937

$

0

$

1,398,896

$

2,206,761

$

(8.514,354)

1434

JOURNAL OF THE HOUSE,

Total

$ 1,061,052,420

414,119,713

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 .......................................................................$ Case Services....................................................................................! 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 to County DFACS - Operations ......................................$ Medical Benefits..............................................................................!
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....................................................................!

225,944,008 94,965,300 4,495,083
1,730,558 1,736,812 14,626,721 36,277,010 34,978,780 13,349,408 25,722,363 2,206,761 413,875,732 6,121,001 263,712,920 74,583,686 120,777,307
322,940 937,269 6,367,051 16,626,037 289,359,843 4,462,872
499,430,339 348,117,642 59,878,228
769,533 11,870,784 2,127,790 273,208,989 695,972,966 2,404,100 499,430,339

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

!

40,071,049

!

30,941,065

!

23,702,788

!

21,981,561

!

28,149,435

!

29,269,805

! 132,172,164

!

20,061,092

!

52,425,379

!

19,917,934

!

3,903,863

!

1,679,256

! 120,578,614

25,507,983 14,102,951 21,784,986
20,094,669
21,277,336
24,714,814 85,671,192
18,379,771
23,101,843 17,131,695 2,994,928 1,483,756 114,358,874

WEDNESDAY, FEBRUARY 28, 1996

1435

Community Mental Retardation Services
Community Substance Abuse Services
State Administration Regional Administration Total

103,197,311
53,150,881 10,271,977 4,498,792 695,972,966

66,881,980
30,625,041 6,967,376 4,351,144 499,430,339

Section 17. 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....................................................................!

20,561,466 9,582,421 1,650,248
347,500 31,100 100,375 149,529 999,191 296,000 1,004,238 181,600 5,800,264 625,000
0 50,000
0 20,817,466 20,561,466

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

9,369,814 4,513,610 1,629,266 5,304,776 20,817,466

$

9,369,814

!

4,413,610

!

1,629,266

!

5,148,776

!

20,561,466

Section 18. Department of Insurance. Budget Unit: Department of Insurance.............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,828,487 13,217,304
723,314 379,754 86,733 59,129 448,235 804,047 275,334 141,292
0 16,135,142 14,828,487

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration

4,350,673

!

4,350,673

1436

JOURNAL OF THE HOUSE,

Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

6,464,573 506,468
4,813,428 16,135,142

6,464,573 506,468
3,506,773 14,828,487

Section 19. 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....................................................................!

9,613,599 70,211,162 7,424,929 1,346,137
0 844,965 7,151,101 1,960,798 1,419,406 60,500,000 3,161,030
0 1,774,079
0 155,793,607
9,613,599

Departmental Functional Budgets

Total Funds

State Funds

Executive Offices/Administrative Services
Employment and Training Services Total

29,280,013 126.513,594 155,793,607

7,768,177 1.845,422 9,613,599

Section 20. 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....................................................................!

12.192,981 10,893,035
638,449 129,322
0 31,350 360,793 698,548 140,424 60,000 147,000 13,098,921 12,192,981

Section 21. 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 ......................................................$

1,158.526,389 15,150,452 5,994,250 188,400 0 39,500 24,169,000 765,380 425,000 100,620,859

WEDNESDAY, FEBRUARY 28, 1996

1437

Medicaid Benefits, Penalties and Disallowances .......................................................................$
Audit Contracts ...............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,194,562,818 772.500
3,342,688,159 1,158,526,389

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 Reimbursement Services General Administration Managed Care Legal and Regulatory Total

1,605,888
3,194,562,818 1,591,534
31,649,420 2,438,202 1,286,094 8,759,918 91,335,047 4,013,248 5,445.990 3,342,688,159

$

802,944

1,114,808,529 667,166
10,181,461 1,040,147
522,062 3,649,708 22,168,899 1,962,478 2,722.995 1,158,526,389

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts......................................................! Benefits.............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

148,828,880 8,200,000
376,800.000 385,000,000 148,828,880

Section 22. 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 8,537,134 I,815,695
93,500 27,787 863,078 172,478,321 3,404,105 450,146 911.827,186 1,099,496,952 147,595 II,742,552 1,087,388,984 217,821
0

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Applicant Services Classification and Compensation Flexible Benefits Employee Training and Develop ment Health Insurance Administration

!

2,813,947

!

2,590,227

!

1,572,061

!

1,233,020

!

1,231,065

! 1,086,417,792

1438

JOURNAL OF THE HOUSE,

Accounting and Audits Administration and Systems Total

1,057,382 2,581,468 1,099,496,952

Section 23. 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....................................................................$

0 0 0
95,196.022 72,811,821 15,040,011
543,147 2,087,217 2,445,543 2,317,656 2,979,651
886,332 1,293,265
20,915 575,000 2,878,663
703,810 2,863,000
213,750 717,049 350,000 1,300,000 26,250
0 500,000
800,000 256,500 800,000
195,000 101,213
170,047 200,000
300,000
0 31,000 13,180,472 6,792,756
2,281,543 800,000 6,650
136,468,261
888,943
3,811,965
2,663,931
1,424,501

WEDNESDAY, FEBRUARY 28, 1996

1439

Indirect DOAS Funding. State Funds Budgeted....,

200,000 95,196,022

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Program Support Historic Preservation Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

$

4,538,226

2,660,989

2,226,360

42,138,590 2,305,762 34,958,830 46,550,353 1.089,151 136,468,261

4,538,226 2,660,989 1,736,360
16,185,673 2,181,044 30,039,409 36,765,170 1.089.151 95,196,022

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

Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety .................................$ 1. Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .
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....................................................................!

98.850.736
59,724,373 7,676,813
104,095 3,750,000
399,554 3,701,067
28,962 1,680,294 1,285,050
145,100 0
303.651 78,798,959 1,650,000 77,148,959

2. Driver Services Budget:

1440

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....................................................................!

17,661,815 1,232,457
57,181 0
69,800 0
47,262 633,853 41,500
0 0 34,900 1,923,009 21,701,777 0 21,701,777

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

22,245,348

!

21,701,777

!

56,553,611

! 100,500,736

!

20,745,348

!

21,701,777

56,403,611

!

98,850,736

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....................................................................!

14,028,921
7,589,155 2,535,831
101,300 29,443 204,322 163,762 166,997 166,746 565,522 2,425,200 3,955,160
0 17,903,438 14,028,921

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

$

3,034,130

!

5,354,735

$

1,142,095

!

1,163,571

$

457,157

$

6,751,750

!

17,903,438

$

309,613

$

5,354,735

$

1,052,095

$

1,053,571

$

457,157

$

5.801.750

$

14,028,921

Section 25. Public School Employees'

WEDNESDAY, FEBRUARY 28, 1996

1441

Retirement System. Budget Unit: Public School Employees' Retirement
System ......................................................................$ Payments to Employees' Retirement System. ............................$ Employer Contributions.................................................................! Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

14,212.500 575,000
13,637,600 14,212,500 14,212,500

Section 26. Public Service Commission. Budget Unit: Public Service Commission..........................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment.............................................................. ..........................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,409,719 7,006,368
586,616 225,530 103,000 24,970 443,424 311,408 149,589 1.565.273 10,416,178 8,409,719

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,952,053

3,485,713

4,978,412

10,416,178

1,952,053 1,683,068 4,774,598 8,409,719

Section 27. 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.......................................! 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....................................................................!
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..........................................................$

1,100.437,202
1,179,837,587 204,000,000
295,588,162 146,000,000 16,776,744
934,059 346,142 362,508 6,085,000
0 1,849,930,202
42,000,000 350,000,000 354,465,700
3,027,300 1,100,437,202
167.508,605
259,563,978 69,874,000
127,179,177

1442

JOURNAL OF THE HOUSE,

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....................................................................!

38,184,000
0 2,293,403 1,974,013
3,864,204 1,719,378
146,400 7,000,000 5,868,890
0 2,467,141 4,426,900 1,347,852
600,000 200,000 1,122,866
208,403
14,688,958 542,729,563
0 109,767,000 264,898,258
555,700 167,508,605

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 Total

1,921,765 3,846,849 1,339,544 116,322,925 10,695,620 56,796,905 47,424,811
244,936,694
2,772,430
2,746,641 23,815,884 2,920,000
3,000,000
24,189.495 542,729,563

1,303,965 1,455,120
939,544 12,863,433 2,510,528 36,208,252 29,612,494
31,426,680
2,772,430
512,595 23,815,884
0
0 24,087,680 167,508,605

C. Budget Unit: Georgia Public Telecommunications Commission...........................................
Personal Services.......................................................... Operating Expenses.....................................................

0 9,114,428 14,325,274

WEDNESDAY, FEBRUARY 28, 1996

1443

Total Funds Budgeted....................................................................? Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

23,439,702 23,439,702
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...........................................................$ Chehaw Education Center .............................................................$ Georgia Public Telecommunications Commission .....................$ Georgia Research Alliance .............................................................! Special Funding Initiatives............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................$

52,888,555
16,400,000 2,000,000 1,500,000 25,888,555 7,100,000
0 52,888,555 52,888,555

Section 28. 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....................................................................!

90.284,689 56,109,962 5,265,483
1,366,540 214,886 379,688
14,870,790 2,855,445 3,267,510 1,590,795 3,422,795
0 2,404,350 3,721,810 95,470,054 3,845,000 90,284,689

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

6,944,035 10,473,731 12,432,537 18,408,758 7,775,830 17,539,680 7,891,503 5,480,519 4,075,580
43,700 4.404,181 95,470,054

6,944,035 10,323,731 11,417,337 18,108,758 7,135,830 16,239,680 7,891,503 3,940,154 3,835,780
43,700 4,404,181 90,284,689

Section 29. Secretary of State. A. Budget Unit: Secretary of State.....................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................!

27,967,177 17,410,695 3,366,671
242,000 87,050 119,190 2,621,110

1444

JOURNAL OF THE HOUSE,

Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Election Expenses ...................... Total Funds Budgeted............... State Funds Budgeted...............

2,462,246 939,859
1,278,356 485,000
29,012,177 27,967,177

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

$

3,733,446

$

4,564,728

$

4,652,752

$

4,302,279

$

1,098,820

$

374,189

$

10,191,318

$

94,645

$

29,012,177

3,703,446 4,489,728 3,882,752 4,282,279 1,098,820
374,189 10,041,318
94,645 27,967,177

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

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

$

2,149,663

2,189,663

Section 30. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission........
Personal Services............................................... Regular Operating Expenses ........................... Travel.................................................................. Motor Vehicle Purchases .................................
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................? County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,090,118 1,118,045
209,454 43,268 25,322 10,970 12,045 91,563
20,773
797,015 297,000 2,625,455 2,090,118

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission.................................!

32.718,917

WEDNESDAY, FEBRUARY 28, 1996

1445

Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants....................................................................! North Georgia College ROTC Grants..........................................! Osteopathic Medical Loans...........................................................! Georgia Military Scholarship Grants...........................................! Paul Douglas Teacher Scholarship Loans...................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,851,895 597,250 81,800 0 16,500 219,180 45,600 234,275 42,757 0
4,076,000 25,452,487 2,216,321
64,000 321,875 100,000
730,000
0
39,049,940 32,718,917

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 32,960,683
541,593 39,049,940

0 32,177,324
541,593 32,718,917

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................................................................!

169,413,161 79,274,984 21,277,807 14,498,583 34,620,387
567,000 235,600 10,000,000 3,000,000 159,413,161 159,413,161

Section 32. 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 .................................$

4,130.000 4,358,505
423,500 20,500
0 8,150 877,791 469,750 146,000 371,000 3,750,000
380,000

1446

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

10,805,196 4,130,000

Section 33. 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....................................................................!

173,253.913 4,160,025 409,948 142,500 0 33,544 740,554 379,524 107,099 517,530
134,601,513 35,432,952
0 8,124,563 19,948,909 2,883,554 18,600,476 226,082,691 173,253,913

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

6,490,724

$ 219,591,967

$ 226,082,691

$

4,420,738

$ 168,833,175

$ 173,253,913

B. Budget Unit: Lottery for Education..............................................!
Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................!
Capital Outlay - Technical Institute Satellite Facilities .......................................................$
Equipment-Technical Institutes ...................................................$
Repairs and Renovations Technical Institutes ....................................................................$
Total Funds Budgeted....................................................................!
Lottery Funds Budgeted................................................................!

52,783,349
1,000,000
25,133,349 21,355,000
5.295,000 52,783,349 52,783,349

Section 34. 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........................................................!

542,697,310 254,019,293 57,020,469
1,970,840 2,000,000 6,377,626 3,929,287 1,337,073 2,743,320 41,564,264 780,007,661
1,024,100

WEDNESDAY, FEBRUARY 28, 1996

1447

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....................................................................$

1,267,500 9,933,053
700,000
250.000 1,164,144,486
542,697,310

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 866,381,838 241,935,601
14,076,201 24,775,579 1,147,169,219

$ 267,321,604

$ 230,011,616

$

13,516,201

$

24.150.579

535,000,000

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal
Waterways Activities Total

5,000 1,986,014 14,284,253
700,000 16,975,267

$

5,000

$

1,599,014

$

5,393,296

$

700,000

$

7,697,310

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service...... ......
Personal Services........................................................ Regular Operating Expenses ....................................
Motor Vehicle Purchases .
Computer Charges...........................................................................$ Real Estate Rentals ......,.................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Operating Expense/Payments to Central State
Operating Expense/Payments to Medical College of Georgia .....................................................................................$
Regular Operating Expenses for Projects and Insurance ......................................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

21.041,515 4,918,129
147,282 80,629
0 114,855 10,881 248,700 62,200 7,078,093
8,187,345
7,251,022
649,947 28,749,083 21,041,515

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing Home-Augusta Total

12,566,269
8,528,945 7.653,869 28,749,083

$

12,294,769

$

3,429,071

$

5.317,675

$

21,041,515

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board .........
Personal Services....................................................

10.452.009 8,415,916

1448

JOURNAL OF THE HOUSE,

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....................................................................!

372,074 76,840
0 17,252 247,479 1,079,835 207,613 225,000
0 10,642,009 10,452,009

Section 37. 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) ...................................................$

376,530,294 35.000.000 411,530,294

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) ...........................................................$ Motor Fuel Tax Funds (New).......................................................$

5,993,190 0
5,993,190

Section 38. Provisions Relative to Section 3, Judicial Branch. The appro priations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 39. Provisions Relative to Section 8, 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.

WEDNESDAY, FEBRUARY 28, 1996

1449

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 Clayton County DeKalb County
DeKalb County Appling County City of Ashburn Cobb County Athens/Clarke County Bibb County Haralson County City of Atlanta
City of Atlanta City of Augusta Bacon County City of Barnesville City of Augusta
Berrien County Brantley County Brooks County
City of Broxton
Butts County City of Byromville City of Calhoun City of Camilla Candler County Candler County City of Centerville Charlton County

Purpose
Recreational Equipment in Clayton County
Construct Flagpole and Purchase Supplies for United Keetoowah Band
Operation of "Hot Zone Policing"
Expenses related to capitol murder trials
Construction of Sports Facilities
Preservation of the Hardy Pace House
Operating Funds for the Safe Campus Now Program
Operation of the Bibb County Community Action Agency
Equip/Operate Haralson County Recreational Facilities
Renovate and Equip the Jerico Road Project in Atlanta
Renovations to a Health Clinic Land Purchase at Historical
Ezekiel Harris House Renovate and Equip
the Historic Courthouse Extension of Waterlines Operation of the Augusta
Task Force for the Homeless Construction of Lecture Hall Purchase Fire and Rescue Equipment Repairs and Additions to Brooks County Livestock Arena Renovation to the Fire Department and Community Center Equipment and Lighting at Recreational Fields Upgrade Water Mains Renovation and Restoration of Historic Railroad Depot Renovations and Repairs to Facilities Construction of a softball complex Expansion of Visitors Center Construction of Fire Station Purchase Fire and

Amount

$

25,000

$

5,000

$

10,000

$

25,000

$

25,000

$

20,000

$

35,000

$

5,000

$

15,000

$

30,000

$

40,000

$

50,000

$

25,000

$

12,500

$

15,000

$

50,000

$

15,000

$

50,000

$

10,000

$

25,000

$

20,000

$

25,000

$

35,000

$

25,000

$

10,000

$

50,000

1450
Chatham County
Clinch County Board of Education
Clayton County
City of Cochran Gwinnett County Board
of Education
City of Columbus City of Columbus City of Commerce Crawford County Board
of Education City of Columbus City of Columbus Crawford County
Crisp County
Crisp County Board of Education
DeKalb County City of Fort Oglethorpe City of Franklin Springs Franklin County Fulton County Board
of Education Fulton County City of Garden City City of Girard City of Grayson Greene County
Henry County Board

JOURNAL OF THE HOUSE,
Rescue Equipment Replant Trees Between
Bryanwood and Talahi Island on Route 80 Construction of a Multi-purpose Building Clayton County Board of Education Prevention Plus Program Renovations to the Fire Station Lights and Handicapped Access for the Coiling Hill High School Athletic Fields Operate the Liberty Theatre Cultural Center Renovations to the Springer Opera House Renovations to the Civic Center Heating and Plumbing System Repairs for Education Gymnasium Operation of the Columbus Tourism Network Operation of the Play and Learn Together Program Improvements at the Crawford County Industrial Authority Park Equipment for Crisp County Board of Education Middle School Laboratory Lighting for Crisp County High School Softball Field Training at DeKalb United Child Care Association Construction of a Historical Museum Renovations to Sedimentation Pool Design and construct Franklin County/Hart County Airport Classrooms for Fulton County Board of Education Operation of Center for Renewal of Democracy Improvements to Gymnasium and Stadium Renovations to Gymnasium Equipment Furnishings for Community Senior Center
Purchase and Installation of chain link fence for Greene County Airport

15,000
10,000 10,000
25,000 25,000
50,000 75,000 50,000 35,000
5,000 25,000 25,000
50,000
25,000
15,000 25,000 10,000 25,000 25,000 60,000 25,000 8,000 15,000 25,000
40,000

WEDNESDAY, FEBRUARY 28, 1996

1451

of Education Houston County Houston County Board
of Education Jackson County Jasper County Board
of Education Jeff Davis County
Jeff Davis County
Jenkins County
City of Kite Chatham County City of LaGrange
City of Lake City Lamar County Lanier County Board
of Education
Long County Lincoln County
City of Lincolnton City of Lula City of Lula Lumpkin County City of Lyerly Macon County
Madison County
Meriwether County Meriwether County

Construction a Fine

Arts Building

$

12,500

Operation of the Museum

of Aviation

$ 175,000

Athletic Field Fencing for

Houston County High School

$

10,000

Erection of Monument

$

2,500

Renovation of Elementary

School Restroom and

Rose Bowl Field

$ 40,000

Administrative Cost and

Legal Fees for Jeff Davis

Hospital Authority

$

15,000

Renovations to Jeff Davis

County Extension Service

and Annex and Law

Enforcement Center

$

15,000

Asbestos Removal from

Jenkins County Development

Authority Facility

$

50,000

Renovations to Heating

System for Community Center

$

4,250

Renovation/Restoration of

the Beach Institute Building

$

20,000

Purchase Equipment for City

of LaGrange/Troup County

Recreation Commission

$

10,000

Improvements to Park and

Recreation Facilities

$

20,000

Plan/Construct Livestock

Pavillion and Arena

$

12,500

Renovations and Heating,

Ventilation and Air

Conditioning Addition

for Facility

$

10,000

Purchase of Patrol Car

$

18,000

Parking Lot and Boatdock

Construction and Renovation

at Elijah Clark State Park

$

25,000

Correction to Flood

Control Problem

$

12,000

Renovations to Old

City Hall Building

$ 20,000

Paving for Driveways

at Two Cemeteries

$

10,000

Construction of Animal Shelter

$

10,000

Upgrade Water System

$ 30,000

Purchase equipment for

Macon County Local

Emergency Planning Commission $

10,500

Provide for Infracture

Study of Water and Sewer

Systems

$

30,000

Renovate Old Greenville

Railroad Depot

$

10,000

Creation of Recreation

Department

$

10,000

1452 City of Monroe
Muscogee County
Muscogee County
Muscogee County City of Dalton
City of Oconee City of Odum Oglethorpe County
Board of Education City of Milledgeville Peach County
Cobb County Board of Education
City of Columbus Houston County
Pierce County Pulaski County Putnam County
Rabun County City of Rentz City of Savannah DeKalb County Gwinnett County Board
of Education Cobb County Board
of Education

JOURNAL OF THE HOUSE,
Renovations to Monroe Area Comprehensive High School Athletic Track
Equipment and Operating Expenses for Columbus Community Center
Operation of Combined Communities of Southeast Columbus
Operation of MEN of Action Mentoring Program
Operating Expenses and Fire Code Renovations at Northwest Georgia Girl's Home
Renovations to Oconee Regional Library Facility
Repairs and Equipment for Fire Department Facility
Extension of Waterline to New Oglethorpe County Elementary School
Restorations to Old Governor's Mansion
Provide Heating and Air Conditioning System for Peach County Development Authority Facility
Provide External Security Lighting for Pebblebrook High School
Operating Expenses for BRIDGE Program
Perry-Houston County Airport Authority Terminal and Hanger Improvements
Purchase Fire and Rescue Equipment
Establish a Recreation Facility
Repairs and Renovations to Putnam County Recreation Department Gymnasium
Renovations of Rabun County Gymnasium
Repairs to Server System Construction of Community
Center Purchase 36-passenger
Bus for Senior Connections Construct Athletic Stadium
at Shiloh High School
in Gwinnett County
Repairs and Renovation at South Cobb High School

$

15,000

$

20,000

$

20,000

$ 10,000

$

40,000

$ 25,000

$

10,000

$

12,000

$

75,000

$

15,000

$

25,000

$

15,000

$ 50,000

$

15,000

$

10,000

$

15,000

$ 75,000

$

10,000

$

20,000

$

62,000

$

25,000

$

25,000

WEDNESDAY, FEBRUARY 28, 1996

Gwinnett County Board of Education
Emanuel County
Talbot County Board of Education
Telfair County
Telfair County
Towns County
Twiggs County Board Board of Education
City of Tybee
Lowndes County Board of Education
City of Vidalia
Ware County Board of Education
Ware County
Wayne County
Wayne County
City of Waynesboro
Webster County
City of Willacoochee City of Fitzgerald Clayton County
City of Bowersville
Gwinnett County Board of Education
City of East Dublin
City of Eastman Echols County Board
of Education
Emanuel County
Fannin County

Recreation Equipment for Suwanee and Lamer High School
Construct and Renovate Recreation Complex at Swainsboro/Emanuel County Recreation Authority
Construct Central High School Greenhouse in
Talbot County Production Costs for
a Historical Drama Operating Expenses for
Sheriffs Office Production Costs for
Reach of Song Drama Lights and Bleachers for
Twiggs County High School Football Field Painting of the Historic Tybee Lighthouse Repairs to Valdosta City School System Facilities Create basketball area for Recreation Department Equipment Purchases for Ware County School System Promotion Expenses for Waycross-Ware County Chamber Tourist Division Equipment and Renovations to River Park Repairs and Construction to Recreation Facility Acquiring and Renovating Human Development Centers Heating and Cooling Equipment for Webster County Agriculture Education Center Construction of a new city hall Construction of Airport Shrubbery, Trees and Concrete Pipes and Containers Equipment for Repairs to Water System Improvements to Duluth High School Baseball Field Improve City of East Dublin Water System Recreation Equipment Enhancements to Echols
County Board of
Education Campuses
Construction and Renovation
at Varner 4-H Center
Purchase an Equipped

1453
30,000
40,000
45,000 5,000 18,000 20,000
50,000 15,000 15,000 45,000
6,000
5,000 5,000 10,000 15,000
25,000
30,000
50,000 15,000 10,000 30,000 50,000 25,000
6,000 17,500

1454

JOURNAL OF THE HOUSE,

City of Pelham City of Atlanta
Bibb County
City of Tallapoosa City of Bremen City of Cave Spring Fulton County

Rescue Vehicle Improvements to Water
and Sewer System Operation of Public Access
and Teacher Preparation Programs at Clark Atlanta University Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia Equip/Operate
Recreational Facilities Equip/Operate
Recreational Facilities Improvements for Rolator Park For Operation of Fulton
County Drug Program

$

15,000

$ 35,000

$ 250,000

$ 2,000,000

$

15,000

$

15,000

$

40,000

$ 48,000

Section 40. Provisions Relative to Section 11, State Board of Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,734.13. 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 41. Provisions Relative to Section 16, 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.

WEDNESDAY, FEBRUARY 28, 1996

1455

Section 42. Provisions Relative to Section 21, 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.
Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Living program for personal assistance and support.
Provided, the Department shall exclude pharmacy services in the HMO pilot, and allow acute care hospitals statewide to contract with Medicaid for services on a non-risk capitated rate.
Provided, that the Department shall implement a clinically based, automated prospec tive drug utilization review program.
Section 43. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $172.95 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 1997 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 1997 shall not exceed 8.66%.
It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrange ment; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider.
Section 44. Provisions Relative to Section 23, 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.
It is the intent of the General Assembly that the Department of Natural Resources do a feasibility study with existing funds to develop a natural park and/or wilderness area along the Ocmulgee River.
Section 45. Provisions Relative to Section 33 Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institu tions.
Section 46 Provisions Relative to Section 34, 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.

1456

JOURNAL OF THE HOUSE,

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 34 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, 1997, 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 Mea sures, 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. In addition to all other appropriations for the State fiscal year ending June 30, 1997, there is hereby appropriated $12,245,000 to the Office of the Governor for transfer to budget units with appropriate powers for providing housing contracts, food ser vice contracts, overtime payments, training and other expenses related to security opera tions by those State agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby authorized and directed to transfer funds from this Section to appropri ate budget units for the purpose of making such payments.
Section 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this

WEDNESDAY, FEBRUARY 28, 1996

1457

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 50. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1996 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

1458

JOURNAL OF THE HOUSE,

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 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 37, 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.

Principal Amount

Debt Service

A.) Maturities not to exceed sixty months. Purchase of facilities at Georgia
Southern University

$ 3,240,000 $ 748,440

B.) Maturities not to exceed two hundred forty months.
Renovation of the #2 Peachtree Building Renovation of the Trinity-Washington Building Repair, plaster, repaint and refinish areas
of the State Capitol Purchase land adjacent to the World
Congress Center Four laning of highways Construction of the Sports Hall of Fame Purchase and rehabilitation of existing and
abandoned rail lines

$ 10,000,000 $ 925,000 20,000,000 1,850,000

4,000,000 370,000

3,500,000 15,000,000 1,700,000

323,750 1,387,500
157,250

2,500,000 231,250

Section 58. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $309,882,998 for the following purposes 1.) To provide a cost of living increase of 4% for employees of the Judicial, Legislative and Executive branches to be awarded on October 1, 1996 (proposed salary adjustments are in conformance with the implementation of the Georgia Gain pay for performance system for Executive branch employees). 2.) To provide for an increase of 4% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General

WEDNESDAY, FEBRUARY 28, 1996

1459

Assembly, as amended, as authorized in said act, Code Section 45-7-4 effective October 1, 1996. 3.) To provide for an increase of 2% for members of the General Assembly effective October 1, 1996. 4.) To provide for a 6% increase in the state base salary on the teacher salary schedule for the State Board of Education effective September 1, 1996. 5.) To pro vide for a 4% increase for bus drivers and lunchroom workers effective July 1, 1996. 6.) To provide for a 6% salary increase for teachers with the Department of Technical and Adult Education effective September 1, 1996. 7.) To provide a 6% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1996 for nonacademic personnel and on September 1, 1996 for academic personnel. 8.) To provide a 5% salary increase for incumbents in the Correctional Officer job class effective October 1, 1996.

Section 59. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997

$ 11,324,027,653

Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 61. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1265, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1265 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representatives Williams of the 83rd and Smith of the 102nd move to amend the Commit tee substitute to HB 1265 by decreasing State funds for the Department of Community Affairs, Section 8, relating to State Fiscal Year 1997 the figure $ 5,522,250 and by decreas ing the object classes as listed below:

Object Classes Local Assistance Grants

$

5,522,250

Total Funds State Funds

$

5,522,250

$

5,522,250

Purpose: To eliminate Local Assistance Grants

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien N Anderson
Ashe
N Bailey N Baker Y Bannister N Barfoot N Bargeron
Barnard N Barnes N Bates NBenefield

N Birdsong N Bordeaux N Bostick
N Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush N Buck N Buckner Y Bunn N Burkhalter

N Byid Y Campbell N Canty
N Carter N Chambless N Channel! N Childers N Coker N Coleman, B N Coleman, T N Connell Y Crawford

Y Crews N Culbreth N Cummings
N Davis, G Y Davis, M Y Day N DeLoach, B N DeLoach, G N Out N Dkon, H N Dixon, S N Dobbs

Y Ehrhart N Epps Y Evans
Y Palls Felton
N Floyd N Godbee N Golden Y Goodwin N Greene
Grindley N Manner

1460

JOURNAL OF THE HOUSE,

N Harbin Y Harris N Heard
Heckstall N Hegstrom YHembree N Henson N Holland N Holmes N Howard
N Hudson N Hugley
Irvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein

Y Ladd Y Lakly N Lane Y Lawrence
Lee N Lewis Y Lifsey N Lord
Lucas Y Maddox
Y Mann N Martin NMcBee 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 Y Pinholster N Polak N Ponder N Porter N Poston N Powell
N Purcell, A N Purcell, B N Randall N Randolph N Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan

N Shaw N SherriU Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P
N Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling N Snow N Stallings N Stancil, F E 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 Y Trense
Turnquest N Twiggs N Walker, L
N Walker, R.L N Wall N Watson N Watts Y Westmorland Y Whitaker
White Y Wiles
Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 44, nays 120. The amendment was lost.

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.

Due to a mechanical malfunction, the vote of Representative Smyre of the 136th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Ashe of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1265 by (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 37, relating to State Fiscal Year 1997 the figure $ 5,993,190 and by (decreasing) the object classes as listed below:

Object Classes State General Funds (New)

$

5,993,190

Total Funds State Funds

$

5,993,190

$

5,993,190

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien N Anderson N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard NBarnes N Bates

N Benefleld N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush N Buck N Buckner

Y Bunn N Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless N Channel! N Childers N Coker N Coleman, B

N Coleman, T N Connell N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M N Day N DeLoach, B N DeLoach, G

N Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls
Felton N Floyd N Godbee

WEDNESDAY, FEBRUARY 28, 1996

1461

N Golden Y Goodwin N Greene Y Grindley N Manner N Harbin Y Harris N Heard
Heckstall
N Hegutrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones

Y Joyce Y Kaye N Kinnamon N Klein Y Ladd Y Lakly N Lane Y Lawrence N Lee
N Lewis Y Lifsey N Lord N Lucas Y Maddoi Y Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller

N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster N Polak
N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph N Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder

N Scoggins N Shanahan N Shaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C
Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat

On the adoption of the amendment, the ayes were 39, nays 135. The amendment was lost.

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 N Wall N Watson N Watts Y Westmorland N Whitaker
White Y Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1265 by (removing from) Salary Adjustments, Section 58, relating to State Fiscal Year 1997 the figure $ 19,809,162 and by removing salary adjustments for the following State agencies, commissions and authorities:

DOAS Georgia Building Authority AFROHM Agriculture Agrirama
Banking and Finance Defense
Education (Central Office) Forestry Insurance
Medical Assistance Governor's Office
Human Resources (units A and B) Children and Youth Services Community Affairs Industry and Trade Labor
Natural Resources Pardons and Paroles Public Service Commission Revenue
Ga. Student Finance Commission Secretary of State Soil and Water Technical and Adult (Central Office) Technical and Adult (Quick Start) Transportation

$

160,407

270,350 1,118

393,179

7,134

109,133

33,990

427,560

404,181

188,463

84,410

189,884

12,765,041

1,112,942

80,850

135,008

7,635

979,442

503,928

81,299

794,108

6,969

277,554

16,178

42,905

44,534

26,942

1462

JOURNAL OF THE HOUSE,

Ga. Public Telecommunications Comm. Veterans Assistance Workers' Compensation Environmental Facilities Authority Agricultural Expo. Authority Commission for Nat./Comm. Svc. Music Hall of Fame Sports Hall of Fame Games Commission General Assembly Total Reduction*

70,310 350,588 125,346 18,083 24,686
5,378 12,288 2,996 1,224 53.130 19,809,162

*amendment cuts 50% of salary adjustments except for the General Assembly which is cut 100%

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe
N Bailey N Baker N Bannister N Barfoot N Bargeron
N Barnard NBarnes
N Bates N Benefield N Birdsong N Bordeaux N Bostick
N Breedlove N Brooks, D N Brooks, T
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 N Coleman, B N Coleman, T N Connell N Crawford

N Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G NDix
Dixon, H N Dixon, S NDobbs N Ehrhart
NEpps N Evans Y Falls
Felton N Floyd NGodbee N Golden
Y Goodwin N Greene N Grindley N Banner N Harbin N Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

N Irvin N James N Jamieson N Jenkins
N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein
NLadd NLakly NLane N Lawrence NLee N Lewis
Y Lifsey NLord N Lucas Y Maddox NMann N Martin N McBee NMcCall N McClinton N McKinney Y Mills
N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal N Orrock NParham

N Parrish N Parsons N Pelote N Perry
Pinholster N Polak N Ponder N Porter N 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
N Sauder N Scoggins NShanahan
NShaw N Sherrill
N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

N Smith, W NSmyre N Snelling NSnow NStallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague NTeper N Thomas N Tillman N Titus N Towery N Trense N Tumquest NTwiggs 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 YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 16, nays 157. The amendment was lost.

The following amendment was read:

Representative Williams of the 83rd et al. move to amend the Committee substitute to HB 1265 by decreasing State Lottery funds for the Department of Regents, Section 27, Unit D, relating to State Fiscal Year 1997 the figure $ 9,920,296 and by decreasing the object classes as listed below:
Object Classes

WEDNESDAY, FEBRUARY 28, 1996

1463

Equipment, Technology and Construction

Trust Fund

$

Total Funds

$

Lottery Funds

$

State Funds

$

Purpose: To increase Capital Outlay to the $100 million entitlement level

9,920,296
9,920,296 9,920,296
0

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson YAshe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard NBarnes N Bates N Benefield
NBirdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell
N Canty N Carter N Chambless N Channel!
N Childers Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii N Diion, H N Diion, S NDobbs YEhrhart NEpps Y Evans Y Falls
Felton N Floyd N Godbee N Golden YGoodwin
N Greene Y Grindley N Banner Y Harbin Y Harris N Heard
Hecks tall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane
Y Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee NMcCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock NParham

N Fairish Y Parsons N Pelote N Perry Y Pinholster NPolak N Ponder N Porter N Poston N 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 N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling
N Snow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson
N Streat N Taylor NTeague N Teper N Thomas N Tillman
Titus Y Towery Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmorland
Whitaker N White Y Wiles Y Williams, B Y Williams, J N Williams, R
Y Woods YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 63, nays 111. The amendment was lost.

The following amendment was read:

Representatives Ehrhart of the 36th and Hembree of the 98th move to amend the Com mittee substitute to HB 1265 by decreasing State funds for the Public Service Commis sion, Section 26, relating to State Fiscal Year 1997 the figure $ 85,000 and by decreasing the object classes as listed below:

Object Classes Motor Vehicle Equipment Purchases

85,000

Total Funds State Funds

85,000 85,000

Purpose: To decrease Motor Vehicle Equipment Purchases

1464

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson YAshe 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 Y Brown, J Y Brush NBuck N Buckner YBunn N Burkhalter NByrd Y Campbell N Canty N Carter N Chambless N Channel! N Childers N Coker Y Coleman, B N Coleman, T N Connell Y Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix
N Dixon, H N Dixon, S NDobbs YEhrhart
NEpps Y Evans Y Falls
Felton N Floyd N Godbee N Golden YGoodwin N Greene Y Grindley N Manner N Harbin Y Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins
Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin
N McBee NMcCall N McClinton
N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal NOrrock N Parham

N Parrish N Parsons N Pelote N Perry Y Pinholster NPolak N Ponder N Porter YPoston N 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 N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling N Snow N Shillings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor NTeague YTeper N Thomas N Tillman
Titus Y Towery Y Trense N Turnquest NTwiggs 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 N Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 61, nays 114. The amendment was lost.

The Committee substitute, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe
Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, J

Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childere Y Coker Y Coleman, B Y Coleman, T Y Connell 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 NEhrhart YEpps N Evans Y Falls
Felton Y Floyd Y Godbee Y Golden NGoodwin

Y Greene Y Grindley Y Hanner Y Harbin N Harris
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 Y Joyce N Kaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas N Maddox NMann

WEDNESDAY, FEBRUARY 28, 1996

1465

Y Martin YMcBee YMcCall YMcClinton YMcKinney N Mills YMobley, B YMobley, J YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry

N Pinholater Y Polak Y Ponder Y Porter Y Poston Y Powell Y PurceU, A Y Puicell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders

Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre

Y Snelling Y Snow Y Stallings Y Stancil, F E StancU, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y TiUman 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 N Wiles Y Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 156, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1265 was ordered immediately transmitted to the Senate.
2/28/96
House of Representatives Atlanta, Georgia 30334

I voted against House Bill 1265 because the House version of the budget essentially trashed out the Governor's original budget, which needed only some fine tuning to restore funds cut from the truly needy, counter balanced by elimination of some remaining pork such as the addition of a state employee to manage the flathead catfish population in the Altamaha River System. In the House version of the bill, just four items that I found differed from the Governor's budget by a total of $170 million. In the House bill, the "spe cial projects" or so-called "pork-barrel projects" filled five pages. The explanations we received from the proponents of the bill were vague and unconvincing as to why the Gov ernor's budget had been changed so drastically. In short, I voted against the bill that the House substituted for the budget proposed by the Governor.
/s/ Jim Woods

The Speaker announced the House in recess until 3:00 o'clock this afternoon.

1466

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1425 Do Pass, by Substitute HB 1467 Do Pass, by Substitute HB 1468 Do Pass, by Substitute

HB 1624 Do Pass, by Substitute HB 1686 Do Pass HB 1761 Do Pass, as Amended

Respectfully submitted, /a/ Chambless of the 163rd
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1584 Do Pass HR 1109 Do Pass
Respectfully submitted, M Benefield of the 96th
Chairman

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 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 7-1-747 of the Official Code of Georgia Annotated, relating to loans by members of business development corporations, so as to clarify the intention of

WEDNESDAY, FEBRUARY 28, 1996

1467

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; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 7-1-747 of the Official Code of Georgia Annotated, relating to loans by mem bers of business development corporations, is amended by striking paragraph (e) and inserting in lieu thereof a new paragraph (e) to read as follows:
"(e) All member loans to the corporation shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely trans ferable at all times and which shall bear interest at a rate of interest determined by the board of directors to be the prime rate prevailing at the date of issuance thereof on unsecured commercial loans plus one-fourth of 1 percent or less."
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 Alien Y Anderson
Ashe Bailey Baker Bannister Barfoot Y Bargeron Barnard Barnes Bates Y Benefield Birdsong Bordeaux Bostick Y Breedlove Brooks, D Brooks, T Brown, J Brush YBuck Y Buckner Y Bunn Burkhalter YByrd Campbell
Y Canty Y Carter
Chambless Channel! Y Childers Y Coker Coleman, B Coleman, T Y Connell Y Crawford

Crews Y Culbreth
Y Cummings Davis, G Davis, M
YDay DeLoacb, B
Y DeLoach, G Dix Dixon, H
Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans
Falls Felton
Y Floyd YGodbee Y Golden
Goodwin
Greene Y Grindley Y Banner
Harbin Harris Y Heard Heckstall Y Hegstrom Hembree Henson Y Holland Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James
Jamieson Jenkins Johnson, G
Y Johnson, J Y Johnston
Jones Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane Y Lawrence
Lee Y Lewis Y Lifsey
YLord Lucas
Y Maddox YMann Y Martin Y McBee
McCall Y McClinton Y McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock YParham

Parrish Parsons Y Pelote Y Perry Pinholster Y Polak Y Ponder Porter Poston Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Sauder Y Scoggins Y Shanahan YShaw Y Sherrill 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 Y Smyre Y Snelling
Snow
Y Stallings Y Stancil, F
E Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague YTeper Y Thomas
Tillman
Y Titus Towery
Y Trense Turnquest
YTwiggs Y Walker, L
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 Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

1468

JOURNAL OF THE HOUSE,

The following members were off the floor of the House during the preceding roll call:
Representatives Baker of the 70th, Henson of the 65th, Davis of the 48th, Johnson of the 97th, Bates of the 179th, Harbin of the 113th, Shipp of the 38th, Greene of the 158th, Channell of the lllth, Harris of the 17th, Walker of the 87th, Poston of the 3rd, Simpson of the 101st, Lane of the 146th, Reaves of the 178th, Barnard of the 154th, Mobley of the 69th, Davis of the 60th, Brooks of the 54th, Brown of the 130th, Falls of the 125th, Randall of the 127th, Bannister of the 77th, Crews of the 78th, DeLoach of the 172nd, Coleman of the 80th, Brooks of the 103rd, Lucas of the 124th, Dixon of the 168th, Ashe of the 46th, Bailey of the 93rd, Barfoot of the 155th, Turnquest of the 73rd, Mueller of the 152nd, Campbell of the 42nd, Sinkfield of the 57th, Coleman of the 142nd, Parrish of the 144th, Hembree of the 98th, Porter of the 143rd, Burkhalter of the 41st, Birdsong of the 123rd, Chambless of the 163rd and Snow of the 2nd.
They wished to be recorded as voting "aye" thereon.

HR 1074.

By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st, McBee of the 88th, Coleman of the 142nd and others:
A resolution relating to the importance of the Senior Reserve Officers' Train ing Corps program at North Georgia College.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Anderson YAshe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Y Breedlove Y Brooks, D
Brooks, T
Y Brown, J Brush
YBuck Y Buckner Y Bunn
Burkhalter YByrd
Campbell Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
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 YEhrhart YEpps
Evans Y Falls
Y Felton Y Floyd
YGodbee Y Golden
Good win Y Greene Y Grindley Y Hanner Y Harbin Y Harris
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 Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann Y Martin
McBee McCall Y McClinton Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Pinholster Y Polak Y Ponder 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
Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F E Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas
Tillman Y Titus Y Towery
Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Watson Y Watts
Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 28, 1996

1469

HB 1166.

By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain capital outlay projects consisting of public safety facilities and related equipment or airport facilities and related equipment, or both.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain capital outlay projects consisting of public safety facilities and related capital equipment or airport facilities and related capital equipment, or both; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, is amended in paragraph (1) of subsection (a) by striking "or" at the end of subparagraph (G); by redesignating subparagraph (H) as subparagraph (I); and by adding a new subparagraph immediately following subparagraph (G), to be designated subparagraph (H), to read as follows:
"(H) A capital outlay project or projects of the county for the use of and benefit of the citizens of the entire county and consisting of public safety facilities and capi tal equipment to operate such facilities, airport facilities and capital equipment to operate such facilities, or both; or".
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives McBee of the 88th and Royal of the 164th was read:

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 authorize the imposition of the special county 1 percent sales and use tax for certain capital outlay projects consisting of public safety facilities and related capital equipment or airport facilities and related capital equipment, or both; to provide for conditions and limitations; to provide that the sales tax for educational pur poses shall be levied and collected in the same manner as the special county 1 percent sales and use tax under Article 3 of said chapter; to provide for additional requirements with respect to the issuance of certain debt in conjunction with such tax; to provide for the authority for this Act; to provide for legislative intent; to provide for an effective date; 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. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in paragraph (1) of subsection (a) of Code Section 48-8-111, relating to procedure for imposing the special county 1 percent sales and use tax by striking "or" at

1470

JOURNAL OF THE HOUSE,

the end of subparagraph (G); by redesignating subparagraph (H) as subparagraph (I); and by adding a new subparagraph immediately following subparagraph (G), to be designated subparagraph (H), to read as follows:
"(H) A capital outlay project or projects of the county for the use of and benefit of the citizens of the entire county and consisting of public safety facilities and capi tal equipment to operate such facilities, airport facilities and capital equipment to operate such facilities, or both; or".
SECTION 2. Said chapter is further amended by adding a new article at the end thereof, to be desig nated Article 4, to read as follows:
"ARTICLE 4
48-8-140. This article is enacted pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and it is the intent of the General Assembly in the enactment of this article to further define and implement such provision of the Consti tution.
48-8-141. Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of educa tion of a county school district and the board of education of each independent school district located within such county, shall be imposed, levied, and collected by such board or boards of education in the same manner as the special county 1 percent sales and use tax provided for under Article 3 of this chapter and the provisions of Article 3 of this chapter shall apply equally to such board or boards of education.
48-8-142. If general obligation debt is to be issued in conjunction with the imposition of the sales tax for educational purposes authorized by Article VIII, Section VI, Paragraph IV of the Constitution, the resolution or concurrent resolutions imposing such tax shall specify the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. If such general obligation debt is to be issued, the ballot shall have written or printed thereon, in addition to the descriptions required by Article VIII, Section VI, Paragraph IV(c) of the Constitution, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _______________________ in the principal amount of $_____________ for the above purpose.'"
SECTION 3. (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 2 of this Act shall become effective on January 1, 1997; provided, however, that Section 2 of this Act shall only become effective on January 1, 1997, upon the ratifi cation of House Resolution 728 at the November, 1996, state-wide general election, which resolution authorizes the imposition, levy, and collection of a 1 percent sales and use tax for educational purposes. If such resolution is not so ratified, Section 2 of this Act shall not become effective and Section 2 of this Act shall stand repealed in its entirety on Janu ary 1, 1997.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 28, 1996

1471

The following amendment was read and adopted:

Representative Epps of the 131st moves to amend the Floor substitute to HB 1166 by inserting between "limitations;" and "to" on line 8 of page 1 the following:
"to change the provisions relating to the proceeds of a special purpose local option sales tax imposed for development of a sanitary landfill which purpose becomes economically infeasible;".
By inserting between Sections 1 and 2 the following:
"SECTION 1A. Said chapter is further amended by striking paragraph (1) of subsection (h) of Code Sec tion 48-8-121, relating to use of the proceeds of a special purpose local option sales tax, and inserting in lieu thereof the following:
'(1) Notwithstanding any other provision of this article to the contrary, if a county has imposed the tax authorized by this article on or after April 1, 1003 1992, and prior to January 1, 1994, in whole or in part for the purpose of development of a sanitary landfill and such purpose becomes or is discovered to be economically infeasible then the provisions of this subsection shall apply. This subsection shall not apply until and unless the governing authority of the county adopts an appropriate resolution or ordi nance determining that the development of the sanitary landfill has become or is eco nomically infeasible. Upon the adoption of such resolution or ordinance, the tax shall continue to be imposed for the same period of time and for the raising of the same amount of revenue as originally authorized. Upon the adoption of such resolution or ordinance the county may use the previously collected and future proceeds of the tax (or such portion thereof as was intended for sanitary landfill purposes if the tax was imposed for more than one purpose) for such solid waste collection and disposal pur poses as are determined by the county governing authority to constitute the best feasi ble alternative to the development of the sanitary landfill; provided, however, that such waste collection and disposal purposes shall not include maintenance and opera tion expenditures.'"

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 Alien Y Anderson YAshe Y Bailey Y Baker N Bannister YBarfoot YBargeron Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck

Y Buckner Y Bunn
Burkhalter Y Byrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y Childers Y Coker N Coleman, B Y Coleman, T Y Connell Y Crawford N Crews Y Culbreth Y Cummings Y Davis, G
Davis, M YDay

Y DeLoach, B Y DeLoach, G N Dix Y Dixon, H Y Diion, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard

Y HeckstaU Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J N Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein

Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis
Lifsey Y Lord Y Lucas Y Maddoi Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J
Mosley Mueller

1472

JOURNAL OF THE HOUSE,

Y O'Neal YOrrock YParham
YParrish Y Parsons Y Pelote Y Perry
Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y PurceU, A Y PurceU, 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 YShipp

Y Simpson Y Sinkfleld Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F

E 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 Tumquest
YTwiggs

Y Walker, L Y Walker, R.L N Wall Y Watson Y Watts
Westmoreland 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 153, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Mills of the 21st stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1166 was ordered immediately transmitted to the Senate.

HB 1530.

By Representatives Jamieson of the 22nd, Watts of the 26th, Lee of the 94th, Chambless of the 163rd, Parrish of the 144th 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 provide that motor vehicles shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxation with one subclass including heavy-duty equipment motor vehicles.

The following Committee substitute was read and adopted:

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 provide that motor vehicles shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxa tion with one subclass including heavy-duty equipment motor vehicles; to define certain terms; to change the definition of a certain term; to change the method of evaluation of heavy-duty equipment motor vehicles for ad valorem tax purposes; to change the time at which ad valorem taxes on certain heavy-duty equipment motor vehicles become due and payable; to change the provisions relating to ad valorem taxation of certain heavy-duty equipment motor vehicles owned and held by heavy-duty equipment motor vehicle dealers for retail sale; to provide for returns of taxation with respect to certain heavy-duty equip ment motor vehicles purchased; to provide for the valuation of certain heavy-duty equip ment motor vehicles and for the calculation of the ad valorem tax on certain heavy-duty equipment motor vehicles in the year in which such vehicles are purchased from a dealer; to provide for the collection of certain ad valorem taxes on heavy-duty equipment motor vehicles by dealers; to provide for penalties and interest; to provide for returning and remitting ad valorem taxes to the appropriate tax officials; to provide that dealers shall be liable for certain taxes; to provide for dealers who cease to operate as a business; to require heavy-duty equipment motor vehicle dealers to provide certain information to the tax commissioner of the county where the purchaser of such a motor vehicle is domiciled; to provide for rules and regulations; to provide for affidavits of illegality contesting the assessment of ad valorem tax against heavy-duty equipment motor vehicles; to provide for

WEDNESDAY, FEBRUARY 28, 1996

1473

bonds; to provide for trials in superior court; to provide for appeals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking in its entirety paragraph (4) of Code Section 48-5-440, relating to definitions applicable to ad valorem taxation of motor vehicles and mobile homes, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment motor vehicles cov ered under Article 10A of this chapter which are not required to be registered and have a license plate and heavy-duty equipment as defined in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in this state."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 48-5-441, relating to classification of motor vehicles and mobile homes as separate classes of tangible property for ad valorem taxation purposes, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purposes of ad valorem taxation, motor vehicles are classified as a separate and distinct class of tangible property. In addition and for the purposes of ad valorem taxation, motor vehicles shall be divided into two distinct and separate subclasses of tangible property with one subclass including heavy-duty equipment motor vehicles as defined in Code Section 48-5-505 and the other subclass including all other motor vehi cles. The procedures prescribed by this article for returning motor vehicleSj excluding heavy-duty equipment motor vehicles defined in Code Section 48-5-505. for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on motor vehicles shall be exclusive."
SECTION 3. Said chapter is further amended by adding between Articles 10 and 11 a new Article 10A to read as follows:
"ARTICLE 10A
48-5-505. (a) As used in this article, the term:
(1) 'Dealer' means any person who is engaged in the business of selling heavy-duty equipment motor vehicles at retail and who holds a valid current dealer's resale tax exemption number. (2) 'Heavy-duty equipment motor vehicle' means a motor vehicle with all its attach ments and parts which is self-propelled, weighs 5,000 pounds or more, and is primarily designed for construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate. (b) The provisions of Part 2 of Article 10 of this chapter shall apply to heavy-duty equipment motor vehicles which are required to be registered and have a license plate. This article shall apply to all other heavy-duty equipment motor vehicles and dealers.
48-5-506. (a) Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity is sub ject 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 or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the prop erty, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter.

1474

JOURNAL OF THE HOUSE,

(b)(l) Any and all purchases of heavy-duty equipment motor vehicles by dealers for the purpose of resale shall be exempt from ad valorem tax at the time of the purchase by the dealer. (2) Any person or entity which purchases a heavy-duty equipment motor vehicle from a dealer shall, for the taxable year in which the heavy-duty equipment motor vehicle is purchased only, return such heavy-duty equipment motor vehicle for ad valorem taxation purposes to the appropriate county and shall pay a tax for such taxable year equal to 25 percent of the amount derived by multiplying the amount of ad valorem tax which would otherwise be due on the heavy-duty equipment motor vehicle based on the selling price to the end user times 40 percent, thus deriving the taxable assess ment, times the tax rate imposed by the tax authority for the preceding tax year, by a fraction the numerator of which is the number of months remaining in the calendar year not counting the month of purchase and the denominator of which is 12. In no event shall the ad valorem tax due be less than $100.00 for the year of purchase. The taxes levied under this subsection shall be due 60 days after the billing therefor. A
penalty of 10 percent of the ad valorem tax due and interest at the rate provided for in Code Section 48-2-40 shall accrue at the expiration of 60 days after billing. (3) Any ad valorem tax due shall be based on the selling price of the heavy-duty equipment motor vehicle purchased.
(4) In the event that any heavy-duty equipment motor vehicle is purchased other than for resale by a person or entity not domiciled in this state, at the time of the sale the dealer shall collect the ad valorem tax which would be applicable for the
county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Each dealer, on or before the last day of the month following a sale to such person or entity, shall transmit returns and remit the ad valorem taxes col lected to the tax collector of the county where the heavy-duty equipment motor vehi
cle was held in inventory at the time of the sale. Such returns shall show all sales and purchases taxable under this article during the preceding calendar month. The returns required by this subsection shall be made upon forms prescribed, prepared, and fur
nished by the commissioner. If any dealer liable for any tax, interest, or penalty imposed by this article sells out his or her business's heavy-duty equipment motor vehicles or quits the business, he or she shall make a final return and payment within
30 days after the date of selling or quitting the business. Any dealer who does not col lect tax as required under this paragraph or who fails to properly remit taxes collected under this paragraph shall be liable for the tax and the tax collector or tax commis sioner shall collect such tax, penalty, and interest in the same manner that other taxes are collected.
(c) Except as otherwise provided in this subsection, heavy-duty equipment motor vehi cles which are owned by a dealer are not included within the distinct classification of tangible property made by this article for all other heavy-duty equipment motor vehi
cles. The procedures prescribed in this article for returning heavy-duty equipment motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and col lecting the ad valorem taxes imposed on heavy-duty equipment motor vehicles do not
apply to heavy-duty equipment motor vehicles which are owned by a dealer. Heavy-duty equipment motor vehicles which are owned by a dealer shall not be returned for ad valo rem taxation, shall not be taxed, and no taxes shall be collected on such heavy-duty equipment motor vehicles until they become subject to taxation as provided in subsec
tions (a) and (b) of this Code section. No heavy-duty equipment motor vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax unless such heavyduty equipment motor vehicle was in the dealer's inventory on the first day of January
of the taxable year and continued to remain in such dealer's inventory on the thirty-first day of December of such taxable year. In any such case where a heavy-duty equipment motor vehicle remains in a dealer's inventory throughout the year, the dealer shall be
required to return the heavy-duty equipment motor vehicle for ad valorem taxes and pay the ad valorem tax on such vehicle for the taxable year ending on the thirty-first day of December. The assessed value of each heavy-duty equipment motor vehicle
owned by a dealer shall be 40 percent of the fair market value of the heavy-duty equip ment motor vehicle on January 1 of that year. The taxes levied under this subsection

WEDNESDAY, FEBRUARY 28, 1996

1475

shall be due 60 days after the billing therefor. Penalties and interest for unpaid taxes as provided in this chapter shall accrue at the expiration of 60 days after the billing therefor. (d) Within 30 days of the last day of a month during which there is a sale of any heavyduty equipment motor vehicle other than for resale, the dealer shall mail to the tax commissioner of the county where the purchaser is domiciled a statement upon forms prescribed, prepared, and furnished by the commissioner notifying the local tax commis sioner of the sale which shall include information such as the date of the sale, the selling price, and the name and address of the purchaser. The local county tax commissioner would then be authorized to place the heavy-duty equipment motor vehicle on the tax digest of the county and invoice the purchaser for the applicable ad valorem tax for the current year as provided for in this Code section.
48-5-507. Any taxpayer who contests the assessment of an ad valorem tax against a heavy-duty equipment motor vehicle as defined in this article may file with the tax collector or tax commissioner an affidavit of illegality to the assessment together with a surety bond issued by a surety company authorized to do business in this state or, in lieu of such bond, a bond approved by the clerk of the superior court of the county or a cash bond. The bond shall be made payable to the tax collector or tax commissioner and shall be conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and the bond shall be transferred immediately by the tax collector or tax commissioner to the superior court, shall be filed in the superior court, and shall be tried as affidavits of illegality are tried in tax cases. Any taxpayer who contests the value assessment of a heavy-duty equipment motor vehicle as defined in this article may appeal such assessed value as provided for in Code Section 48-5-311, insofar as applica ble.
48-5-508. The commissioner shall be authorized to promulgate rules and regulations to facilitate and ensure compliance with the provisions of this article."
SECTION 4. This Act shall become effective on January 1, 1997.
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 Alien Y Anderaon YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnard Y Bames Y Bates
Y Benefield Y Birdsong Y Bordeaux YBostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush

Y Buck Buckner
YBunn Burkhalter
Y Byrd Y Campbell Y Canty Y Carter
Y Chambless Y Channell Y Childers
Y Coker Y Coleman, B Y Coleman, T YConnell 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
Evans
Y Falls Felton
Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley
Manner

Y Harbin Y Harris 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 Kaye
Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence
Y Lee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney

1476

JOURNAL OF THE HOUSE,

Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y MueUer YO'Neal YOrrock YParham YParrish Y Parsons
Y Pelote Y Perry
Pinholster YPolak
Ponder Y Porter

YPoston Y Powell Y Purcell, A
Y Puicell, B Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
YScoggins 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
Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow

Y Stallings Y Stancil, F E Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor YTeague 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
Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1641. By Representative Childers of the 13th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the provisions relating to definitions; to provide for certificates of authority for certain new institutional health services and health care facilities and the conditions and procedures relating thereto; to change certain functions of the Health Planning Agency.

Representative Lee of the 94th moved that debate on HB 1641 be limited to five min utes with the exception of the Presenter and the Committee Chairman who will be allowed twenty minutes.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
NAshe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron
Barnard YBarnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, J
Brush YBuck Y Buckner
Bunn Burkhalter YByrd N Campbell Y Canty Y Carter Y Chambless YChannell Y Childers Y Coker N Coleman, B Y Coleman, T
Y Connell Y Crawford

N Crews N Culbreth
Cummings Y Davis, G N Davis, M
Day DeLoach, B Y DeLoach, G NDix Y Dixon, H
Y Diion, S YDobbs NEhrhart YEpps
Evans N Falls
Felton Floyd Y Godbee Y Golden Goodwin Y Greene N Grindley
YHanner Y Harbin N Harris
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 Y Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee Y Lewis N Lifsey
YLord Y Lucas N Maddoi
NMann Y Martin Y McBee YMcCall N McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal
YOrrock YParham

Y Parrish Y Parsons Y Pelote
Y Perry
Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts N Rogers Y Royal N Sanders Y Sauder Y Scoggins YShanahan YShaw Y SherriU 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 YSmyre N Snelling YSnow
Y Staffings Y Stancil, F E Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper N Thomas Y Tillman N Titus
Towery N Trense
Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmorland Y Whitaker
White N Wiles Y Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

WEDNESDAY, FEBRUARY 28, 1996

1477

On the motion, the ayes were 114, nays 46. The motion prevailed.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the provisions relating to definitions; to provide for certificates of authority for cer tain new institutional health services and health care facilities and the conditions and pro cedures relating thereto; to change certain functions of the Health Planning Agency; to provide for unreimbursed services; to change certain time limits; to provide for fines, sanc tions, and for certificate revocation and suspension; to change the conditions and proce dures for granting certificates of need; to change certain exceptions; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing Chapter 6 thereof, relating to state health planning and certificates of need, and insert ing in lieu thereof the following:
"CHAPTER 6 ARTICLE 1
31-6-1.
The policy of this state and the purposes of this chapter are to ensure that adequate health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those health care services found to be in the public interest shall be provided in this state. To achieve this public policy and purpose, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health ser vices be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, and that is compat ible with the health care needs of the various areas and populations of the state.
31-6-2.
As used in this chapter, the term: (1) 'Ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization. (2) 'Application' means a written request for a certificate of need or certificate of authority made to the planning agency, containing such documentation and informa tion as the planning agency may require. (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, except that single beds in single rooms shall be counted even if the room contains inadequate square footage. (3.1) 'Birthing center' means any institution classified as a birthing center under Code Section 31-7-1. (3.2) 'Certificate of authority* means an official determination by the planning agency, evidenced by certification issued pursuant to an application, that the action proposed in the application meets the criteria established in Code Section 31-6-42.1.

1478

JOURNAL OF THE HOUSE,

(4) 'Certificate of need' means an official determination by the planning agency, evi denced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this chapter and rules promulgated pursuant hereto to this chapter. (5) 'Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, the following: radiology and diagnostic imaging; auch as magnetic resonance imaging a4 positron emission tomography; radiation therapy; biliary lithotripsy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization; open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services.
(6) 'Consumer' means a person who is not employed by any health care facility or provider and who has no financial or fiduciary interest in any health care facility or provider.
(7) 'Develop,' with reference to a project, means: (A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds
$000,000.00 $2 million; or (B) The expenditure or commitment of funds exceeding $600,000.00 $1 million for orders, purchases, leases, or acquisitions through other comparable arrangements of
major medical equipment. Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or
commitment or incurring of an obligation for the expenditure of funds to develop cer tificate of need or certificate of authority applications, studies, reports, schematics, preliminary plans and specifications, or working drawings or to acquire, develop, or
prepare sites or for the construction, expansion, or remodeling of any parking facility, medical office building, cafeteria, or other facility or addition located at or owned by a health care facility which does not involve the provision of clinical health services
or diagnostic, therapeutic, or rehabilitative services to patients shall not be considered
to be the developing of a project. (7.1) 'Diagnostic, treatment, or rehabilitation center' means any professional or busi
ness undertaking, whether for profit or not for profit, which offers or proposes to offer
any clinical health service in a setting which is not part of a hospital. (8) 'Health care facility' means hospitals; ether special care units, including fetrt net limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; per sonal care homes; ambulatory surgical or obstetrical facilities; birthing centers; health
maintenance organizations; home health agencies; diagnostic, treatment, or rehabilita tion centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable
thereto; and facilities which are devoted to the provision of treatment and rehabilita tive care for periods continuing for 24 hours or longer for persons who have traumatic
brain injury, as defined in Code Section 37-3-1. (9) 'Health maintenance organization' means a public or private organization
organized under the laws of this state which: (A) Provides or otherwise makes available to enrolled participants health care ser
vices, including at least the following basic health care services: usual physicians' services, hospitalization, laboratory, X-ray, emergency and preventive services, and
out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants
on a predetermined periodic rate basis; and (C) Provides physicians' services primarily:
(i) Directly through physicians who are either employees or partners of such orga
nization; or (ii) Through arrangements with individual physicians organized on a group prac tice or individual practice basis.

WEDNESDAY, FEBRUARY 28, 1996

1479

(10) 'Health Strategies Council' or 'council' means the body created by this chapter to advise the Health Planning Agency and adopt the state health plan. (11) 'Home health agency' means a public agency or private organization, or a subdi vision of such an agency or organization, which is primarily engaged in providing to individuals who are under a written plan of care of a physician, on a visiting basis in the places of residence used as such individuals' homes, part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse, and one or more of the following services:
(A) Physical therapy; (B) Occupational therapy; (C) Speech therapy; (D) Medical social services under the direction of a physician; or (E) Part-time or intermittent services of a home health aide. (12) 'Hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, psychiatric, rehabilitative, geriatric,
osteopathic, and other specialty hospitals. (13) 'Intermediate care facility' means an institution which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to pro vide but who, because of their mental or physical condition, require health related care and services beyond the provision of room and board. (14) 'New institutional health service' means:
(A) The construction, development, or other establishment of a new health care facility; (B) Any expenditure by or on behalf of a health care facility in excess of $000,000.00 $2 million which, under generally accepted accounting principles con sistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political sub division of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title or certificate of need owned by such facility in connection with its acquisition; (C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered;
(E) Any conversion or upgrading of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; (F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $600,000.00 $1 million. The acquisi tion of one or more items of functionally related diagnostic or therapeutic equip ment shall be considered as one project;
(G) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following:
(i) Radiation therapy;
(ii) Biliary lithotripsy;
(iii) Surgery in an operating room environment, including but not limited to ambulatory surgery; provided, however, this provision shall not apply to surgery performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, oper ated, and utilized by such physicians who also are of a single specialty and the

1480

JOURNAL OF THE HOUSE,

capital expenditure associated with the construction, development, or other estab lishment of the clinical health service does not exceed the amount of $1 million; and (iv) Cardiac catheterization; or (H) The purchase, lease, or other use by or on behalf of a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $600,000.00 $1 million. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project.
The dollar amounts specified in subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the composite construction index, or its successor or appropriate replacement index, if any, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on July 1, 1991 1997, and on each anniversary thereafter of publication of the index. The plan ning agency shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this chapter asso ciated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need or certificate of authority applications, studies, reports, schematics, preliminary plans and specifications or work ing drawings, or to acquire sites or for the construction, expansion, or remodeling of any parking facility, medical office building, cafeteria, or any other facility or addition located at or owned by a health care facility which does not involve the provision of clinical health services or diagnostic, therapeutic, or rehabilitative services to patients. (15) 'Nonclinical health services' means services or functions provided or performed by a health care facility, and the parts of the physical plant where they are located in a health care facility that are not diagnostic, therapeutic, or rehabilitative services to patients and are not clinical health services defined in this chapter. (16) 'Offer' means that the health care facility is open for the acceptance of patients or performance of services and has qualified personnel, equipment, and supplies neces sary to provide specified clinical health services. (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. (17) 'Person' means any individual, trust or estate, partnership, corporation (including associations, joint-stock companies, and insurance companies), state, political subdivi sion, hospital authority, or instrumentality (including a municipal corporation) of a
state as defined in the laws of this state. (18) 'Personal care home' means a residential facility having at least 25 beds and pro
viding, for compensation, protective care and oversight of ambulatory, nonrelated per sons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate
care. Personal care homes include those facilities which monitor daily residents' func tioning and location, have the capability for crisis intervention, and provide supervi
sion in areas of nutrition, medication, and provision of transient medical care. Such
term does not include: (A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of
their own meals; or (B) Boarding facilities which do not provide personal care.

WEDNESDAY, FEBRUARY 28, 1996

1481

(19) 'Planning agency' means the Health Planning Agency created by this chapter to carry out the state's health planning aadj certificate of need2 and certificate of author ity programs. (20) 'Project' means a proposal to take an action for which a certificate of need or certificate of authority is required under this chapter. A project or proposed project may refer to the proposal from its earliest planning stages up through the point at which the new institutional health service is offered. (21) 'Review board' means the Health Planning Review Board created by this chapter. (22) 'Skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. (23) 'State health plan' means a comprehensive program adopted by the Health Strat egies Council, approved by the Governor, and implemented by the State of Georgia for the purpose of providing adequate health care services and facilities throughout the state.
ARTICLE 2
31-6-20.
(a) There is created a Health Strategies Council to be appointed by the Governor, sub ject to confirmation by the Senate. Any appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. The Health Strategies Council shall be the successor to the Health Policy Council. Those members of the previously existing Health Policy Council who are serving as such on January 1, 1991, shall continue to serve until July 1, 1991, at which time their terms shall expire and that council shall be abolished. On and after that date the council shall be com posed of 25 members. Of those members, at least one shall be appointed from each con gressional district. The council shall be composed as follows:
(1) One member representing county governments; (2) One member representing the private insurance industry; (3) Ten members representing health care providers as follows:
(A) One member representing rural hospitals; (B) One member representing urban hospitals; (C) One member who is a primary care physician; (D) One member who is a physician in a board certified specialty; (E) One member who is a registered professional nurse; (F) One member who is a registered professional nurse who is certified as a nurse practitioner; (G) One member representing nursing homes; (H) One member representing home health agencies; (I) One member representing primary care centers; and (J) One member who is a primary care dentist; (4) Ten consumer representatives who are knowledgeable as to health care needs in the fields they represent but who have no financial interest in the health care industry as follows: (A) One member representing health care needs of women; (B) One member representing health care needs of children; (C) One member representing health care needs of the disabled; (D) One member representing health care needs of the elderly; (E) One member representing health care needs of low-income persons; (F) One member representing health care needs of small business personnel; (G) One member representing health care needs of large business personnel; (H) One member representing health care needs of labor organization members; and (I) Two members who represent populations with special health care access prob lems; and (5) Three at-large members.

1482

JOURNAL OF THE HOUSE,

(b) If the state obtains an additional member of the United States House of Represen tatives as a result of reapportionment, the Governor shall appoint, subject to confirma tion by the Senate, from the new congressional district thus created one health care provider member who meets the requirements of subparagraph (a)(3)(J) of this Code section and one consumer member who meets the requirements of subparagraph (a) (4) (I) of this Code section as to a population specified in those subparagraphs which is not then represented on the council. With the addition of these two members, the council shall be composed of 27 members. (c) The members of the council who are appointed to succeed those members whose terms expire July 1, 1991, shall take office July 1, 1991, and 12 of them shall be desig nated in such appointment to serve initial terms of office of two years and 13 of them shall be designated in such appointment to serve initial terms of office of four years. If two additional members are appointed to the council to represent a new congressional district as provided in subsection (b) of this Code section, one shall be designated to serve an initial term of office which expires when the above initial two-year terms of office expire and one shall be designated to serve an initial term of office which expires when the above initial four-year terms of office expire. After the initial terms provided in this subsection, members of the council shall be appointed to serve for four-year terms of office. Members of the council shall serve out their terms of office and until their respective successors are appointed and qualified. (d) Members of the council shall be subject to removal by the Governor for incompe tence, neglect of duty, or for failing to attend at least 75 percent of the meetings of the council in any year. Vacancies on the council shall be filled by appointment by the Gov ernor, subject to confirmation by the Senate. (e) The Governor shall appoint the chairman chairperson of the council. A majority of the members of the council shall constitute a quorum. (f) The members of the council attending meetings of such council, or attending a sub committee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for the compensation and allow ances of certain state officials. (g) The functions of the council shall be to:
(1) Adopt the state health plan and submit it to the Governor for kfe approval which shall include all of the components of its functions and be regularly updated; (2) Review, comment on, and make recommendations to the planning agency on pro posed rules for the administration of this chapter, except emergency rules, prior to their adoption by the planning agency; (3) Monitor the implementation of each of the recommendations of the Governor's Access to Health Care Commission and the Governor's Commission on Obstetrics; (4) Conduct an ongoing evaluation of Georgia's existing health care resources for accessibility, including but not limited to financial, geographic, cultural, and adminis trative accessibility, quality, comprehensiveness, and cost; (5) Study long-term comprehensive approaches to providing health insurance coverage to the entire population, including modifications of current insurance mechanisms,
single-payor insurance systems, and studies of health care systems of other countries; and (6) Perform such other functions as may be specified for the council by the planning
agency. (h) The council shall prepare an annual report to the Governor and the General Assem
bly which presents information and updates on the functions outlined in subsection (g) of this Code section. The council shall also prepare an annual report for Georgia's con gressional delegation which includes such information and which highlights issues
regarding federal laws and regulations influencing Medicaid and medicare, insurance and
related tax laws, and long-term health care. (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

WEDNESDAY, FEBRUARY 28, 1996

1483

limited to the State state Health Planning Agency, the Department of Medical Assist ance, the Department of Human Resources, the Office of the Commissioner of Insur ance, 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 Educa tion, and the Department of Community Affairs.
31-6-21.
(a) There is created the Health Planning Agency which is authorized to administer the certificate of need and certificate of authority program established under this chapter and, within the appropriations 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 for administrative purposes only, as set forth in Code Section 50-4-3. (b) The functions of the planning agency shall be:
(1) To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state; (2) To prepare and revise a draft state health plan for submission to the Health Strategies Council for adoption and submission to the Governor; (3) To assist the Health Strategies Council in the performance of its functions; (4) With the prior advice, comment, and recommendations of the Health Strategies Council, except with respect to emergency rules and regulations, to adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need and certificate of authority program; (5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and certificates of authority and periodic reports; (6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need or certificate of authority: (7) To provide, by rule, for such fees as may be necessary to cover the costs of prepar ing the record for appeals before the hearing officers and review board of the decisions of the planning agency, which costs may include reasonable sharing between the plan ning agency and the parties to appeal hearings; (8) To provide, by rule, for a reasonable and equitable fee schedule for certificate of need and certificate of authority applications; (9) To grant, deny, or revoke a certificate of need or certificate of authority as applied for or as amended; and (10) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the planning agency under Section 1122 of the Social Security Act of 1935, as amended.
31-6-21.1. (a) Rules of the planning agency shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the agency shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (b) The planning agency shall transmit three copies of the notice provided for in para graph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that agency's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the pre siding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Ecology Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such

1484

JOURNAL OF THE HOUSE,

committees may become adopted by the planning agency at the end of such 30 day period. The planning agency may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors;
(2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4;
(3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of sub section (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection.
Nothing in this subsection shall prohibit the planning agency from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees.
(c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period under subsection (b) of this Code section shall not be adopted by the planning agency and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the planning agency unless the agency, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the agency does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to with draw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately trans mitted to the other branch of the General Assembly. It shall be the duty of the presid ing officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that res olution shall be disapproved and not adopted by the planning agency. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his the Governor's veto; or if no resolution is introduced objecting to the rule; or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the planning agency.
(d) Any rule or part thereof which is objected to by only one committee under subsec tion (b) of this Code section and which is adopted by the planning agency may be con sidered 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 rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the planning agency in adopting a proposed rule over such objec tion so to notify the chairmen chairpersons of the Health and Human Services Commit tee of the Senate and the Health and Ecology Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the reso lution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly,

WEDNESDAY, FEBRUARY 28, 1996

1485

the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submit ted to the Governor for his approval or veto. In the event of feis a veto, the rule shall remain in effect. In the event of hfe an approval, the rule shall be void on the day after the date of his approval. (e) Except for emergency rules, no rule or part thereof adopted by the planning agency after April 3, 1985, shall be valid unless adopted in compliance with subsections (b), (c), and (d) of this Code section and subsection (a) of Code Section 50-13-4. (f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration of any planning agency emergency rules, where those emergency rules are intended to cover matters which had been dealt with by the agency's nonemergency rules but such nonemergency rules have been objected to by both legislative committees under this Code section, the emergency rules concerning those matters may not again be adopted except for one 120 day period. No emergency rule or part thereof which is adopted by the planning agency shall be valid unless adopted in compliance with this subsection. (g) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule, (h) For purposes of this Code section, 'rules' shall mean rules and regulations, (i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need or certificate of authority pursuant to Code Section 31-6-42 or 31-6-42.1 shall not apply to any application for a certificate of need or certificate of authority as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before a hearing officer.
31-6-22.
The planning agency shall be directed by an executive director appointed by the Gover nor.
ARTICLE 3
31-6-40.
(a) From and after the date this Code section most recently becomes effective, only such new institutional health services or health care facilities as are found by the planning agency to be needed shall be offered in the state2 except that such services or facilities for which a currently valid certificate of authority has been obtained may also be offered in this state without regard to whether they have been determined to be needed. Prior to that date, only such new institutional health services or health care facilities which had been found to be needed by the planning agency under any prior provisions of this chapter and the regulations issued thereunder shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to the date this Code section most recently becomes effective, are allowed to avoid the requirements of any prior provisions of this chapter, and applicable regulations, if those laws and regulations were applicable to them. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit an application to the plan ning agency and obtain a certificate of need or, where authorized under Code Section 31-6-42.1, a certificate of authority in the manner provided in this chapter unless such activity is excluded from the scope of this chapter.
(c)(l) Any person who offered new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2, within the 12 month period prior to the date this Code section moat recently becomes became effec tive in 1991 and for which services a certificate of need was not required under the

1486

JOURNAL OF THE HOUSE,

provisions of this chapter as they existed prior to the such date this Code aection meat recently becomes effective, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services after that date if that per son obtains an exemption therefor as provided in this subsection. (1.1) Any person who, on the date in 1991 this Code section most recently becomes became effective:
(A) Has in place a valid written contract of purchase, construction, or assembly for purposes of offering new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (B) Has prior to said date paid in cash or made an irrevocable and secured commit ment or obligation of a minimum of 30 percent of the price called for under said contract; (C) Has taken delivery and has in operation such new institutional health services on or before January 1, 1992; and (D) Has notified the agency no later than July 1, 1991, of that person's intent to apply for an exemption under this paragraph shall not be required to obtain a certificate of need in order to offer those services if that person obtains an exemption therefor as provided in this subsection. (2) A person claiming an exemption under paragraph (1) or (1.1) of this subsection shall apply to the agency for that exemption no later than July 1, 1992. The applica tion shall be in such form and manner as established by the agency to provide suffi cient proof that the applicant qualifies for the exemption claimed. The agency shall notify the applicant within 90 days after the required application and proof have been properly submitted that the application for exemption is denied; otherwise, the appli cation shall be deemed granted by operation of law upon the ninety-first day. Such a grant of the exemption shall be final and no appeal therefrom shall be authorized. A denial of such application for exemption shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person having a certificate of need or authorization to offer the services for which an application for exemption has been denied may intervene in the contested case if such person offers those services within the same service area as the service area in which were to be offered the services for which the application for exemption was denied. (3) A person who claims an exemption pursuant to this subsection may continue to offer the services for which the exemption may be claimed without applying for the exemption, but those services may not be offered after October 1, 1992, or any date prior thereto upon which a decision denying the exemption has become final unless: (A) The person applied for the exemption as provided in paragraph (2) of this sub section but on October 1, 1992, there has either been no decision made denying the exemption or a decision denying the exemption has not become final, in either of which events the services for which the application for exemption was made may be offered until there is a final decision denying the exemption; (B) The person is granted the exemption; or (C) The person obtains a certificate of need for the services. For purposes of this subsection, a decision denying an application for an exemption shall become final when the time for appealing that decision expires without an appeal of such decision having been properly made. (4) An exemption obtained pursuant to this subsection may be transferred to another person if the agency is notified thereof within 45 days after the transfer occurs. (5) The agency shall establish procedures for obtaining exemptions under this subsec tion and shall publish a list not later than October 1, 1992, of all such applications granted or pending on that date. (d) Any person that had formally requested, prior to February 1, 1991, a determination from the agency of the applicability of the certificate of need requirements for a specific project that is subsequently approved by the agency or by appeal of the agency's denial shall be exempt under the provisions of this chapter from the requirement of obtaining a certificate of need for that project.
31-6-40.1.

WEDNESDAY, FEBRUARY 28, 1996

1487

(a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the agency of such acquisition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the agency within 45 days following the acquisition and the acquiring person may be fined by the agency in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury. (b) The agency may limit the time periods during which it will accept applications for the following health care facilities:
(1) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the agency has determined there is an unmet need for such facilities. The agency shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notification of that determination. (c) The agency eaay shall require that any applicant for a certificate of need or certifi cate of authority who makes application therefor on or after July l^ 1997, agree to pro vide a specified amount ef unreimbursed services for each respective clinical health services service approved in such certificate to indigent patients as a condition for the grant of a any such certificate ef need. The unreimbursed service shall be at a level which is at least 3 percent of annual gross revenues for the service after provisions have been made for bad debt and after Medicaid and medicare contractual adjustments have been made. Annual gross revenue shall include income derived from all sources. Any applicant for a certificate of need who obtained such certificate before July 1^ 1997, and agreed to provide unreimbursed services for indigent patients under the provisions of this subsection as they existed before that date shall continue to be obligated to provide those services pursuant to such agreement. A grantee or successor in interest of a such certificate ef need or an authorization to operate under this chapter which violates such an agreement, whether made before or after July 1, 1991, shall be liable to the agency for a monetary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided. Any penalty so recovered shall be paid into the state treasury. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45.
31-6-40.2. (a) As used in this Code section only, the term:
(1) 'Certificate ef need application Application' means an application for a certificate of need or certificate of authority filed with the planning agency, any amendments thereto, and any other written material relating to the application and filed by the applicant with the planning agency. (1.1) 'Certificate' means a certificate of need or certificate of authority. (2) 'First three years of operation" means the first three consecutive 12 month periods beginning on the first day of a new perinatal service's first full calendar month of operation. (3) 'First year of operation' means the first consecutive 12 month period beginning on the first day of a new perinatal service's first full calendar month of operation. (4) 'New perinatal service' means a perinatal service whose first year of operation ends after April 6, 1992. (5) 'Perinatal service' means obstetric and neonatal services. (6) 'Uncompensated indigent or charity care' means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the planning agency's Hospital Indigent Care Survey and related instructions. (7) 'Year' means one of the three consecutive 12 month periods in a new perinatal service's first 36 months of operation. (b)(l) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds the agency's established minimum at the time

1488

JOURNAL OF THE HOUSE,

the agency issued the certificate ef- need approval for such service for each of the service's first three years of operation; provided, however, that if the certificate f need application under which a new perinatal service was approved included a com mitment that uncompensated indigent or charity care would be provided in an amount greater than the established minimum for any time period described in the certificate of need application that falls completely within such new perinatal service's first three years of operation, such new perinatal service shall provide indigent or charity care in an amount which meets or exceeds the amount committed in the certificate of need application for each time period described in the certificate of need application that falls completely within the service's first three years of operation. (2) The planning agency shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the planning agency deter mines that such new perinatal service has failed to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection and such fail ure is determined by the planning agency to be for reasons substantially within the perinatal service provider's control. The planning agency shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this subsection during which the new perinatal service fails to pro vide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. Revocation shall be effective 30 days after the date of the determina tion by the planning agency that the requirements of paragraph (1) of this subsection have not been met.
^c^\x^ A new pcnnfltfll service sfiftii Qcfiieve me 91&nQQFCI numoeF of DIPTJIS spcc11led

operation. \B/ A fie piflwDIH &Gficy sfidxi revoHG *fie ccT1111cfltc er ncco. find fluwionty tw opepftic
such grantee's successors, and after opportunity for ft fear hearing pursuant te Chapter 43 ef- Title 60j the 'Georgia Administrative Procedure Aetr the planning agency deter-
roquircmcnts ef- paragraph {4} of this subsection and such failure is determined by the planning agency te be for reasons substantially within the perinatal service provider's control. !Ffee planning agency shall provide the requisite notice, conduct the fair hear ing; if- requested, and reader- its determination within 90 days after the end- of the newpcrinatol service's first three years of operation. Revocation shall be effective 30 days-
this paragraph er paragraph {1} of-this subsection have net been met? {d)(c) Nothing contained in this Code section shall limit the planning agency's authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section.
31-6-40.3. As a condition for the grant of a certificate of authority for basic perinatal services, an applicant for such certificate which will provide those services in any county in which is located a hospital owned or operated by a hospital authority, which hospital provides neonatal intermediate care services (Level II) or neonatal intensive care services (Level III) or which applicant will provide those services in any county adjacent to that county, shall contractually agree to pay to such hospital an annual amount equal to 50 percent of any decrease in revenue for neonatal care which that hospital experiences each year following the grant of such certificate to the applicant. The planning agency shall corn^ pute such decrease in revenue by audit or such other means deemed appropriate by such agency and annually provide to such grantee of the certificate the amount which the computation indicates must be paid by the grantee.

WEDNESDAY, FEBRUARY 28, 1996

1489

31-6-41.
(a) A certificate of need or certificate of authority shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, area, cost, and person are approved by the plan ning agency, unless such certificate ef- need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the such certifi cate of eed shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the planning agency. (b) A certificate of need or certificate of authority shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the planning agency at the time the such certificate ef need is issued. Within the effective period after the grant of a such certificate ef aeed, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the planning agency, by rule, to assure reasonable progress toward timely completion of a project. (c) By rule, the planning agency may provide for extension of the effective period of a certificate of need or certificate of authority when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant.
31-6-42.
(a) The written findings of fact and decision, with respect to the planning agency's grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the planning agency interpretive thereof. The planning agency shall issue a certificate of need to each appli cant whose application is consistent with the following considerations and such rules deemed applicable to a project, except as specified in subsection (d) of Code Section 31-6-43:
(1) The proposed new institutional health services are reasonably consistent with the relevant general goals and objectives of the state health plan; (2) The population residing in the area served, or to be served, by the new institu tional health service has a need for such services; (3) Existing alternatives for providing services in the service area the same as the new institutional health service proposed are neither currently available, implemented, sim ilarly utilized, nor capable of providing a less costly alternative, or no certificate of need to provide such alternative services has been issued by the planning agency and is currently valid; (4) The project can be adequately financed and is, in the immediate and long term, financially feasible; (5) The effects of new institutional health service on payers for health services, including governmental payors, are not unreasonable; (6) The costs and methods of a proposed construction project, including the costs and methods of energy provision and conservation, are reasonable and adequate for quality health care;
(7) The new institutional health service proposed is reasonably financially and physi cally accessible to the residents of the proposed service area;
(8) The proposed new institutional health service has a positive relationship to the existing health care delivery system in the service area;
(9) The proposed new institutional health service encourages more efficient utilization of the health care facility proposing such service; (10) The proposed new institutional health service provides, or would provide, a sub stantial portion of its services to individuals not residing in its defined service area or the adjacent service area;
(11) The proposed new institutional health service conducts biomedical or behavioral research projects or new service development which is designed to meet a national, regional, or state-wide need;

1490

JOURNAL OF THE HOUSE,

(12) The proposed new institutional health service meets the clinical needs of health professional training programs which request assistance; (13) The proposed new institutional health service fosters improvements or innova tions in the financing or delivery of health services, promotes health care quality assurance or cost effectiveness, or fosters competition that is shown to result in lower patient costs without a loss of the quality of care; and (14) The proposed new institutional health service fosters the special needs and cir cumstances of health maintenance organizations. (b) In the case of applications for the development or offering of a new institutional health service or health care facility for osteopathic medicine, the need for such service or facility shall be determined on the basis of the need and availability in the commu nity for osteopathic services and facilities in addition to the considerations in subsection (a) of this Code section. Nothing in this chapter shall, however, be construed as other wise recognizing any distinction between allopathic and osteopathic medicine. (c) If the denial of an application for a certificate of need for a new institutional health service proposed to be offered or developed by a: (1) Minority administered hospital facility serving a socially and economically disadvantaged minority population in an urban setting; or (2) Minority administered hospital facility utilized for the training of minority medi cal practitioners would adversely impact upon the facility and population served by said facility, the spe cial needs of such hospital facility and the population served by said facility for the new institutional health service shall be given extraordinary consideration by the planning agency in making its determination of need as required by this Code section. The plan ning agency shall have the authority to vary or modify strict adherence to the provisions of this chapter and the rules enacted pursuant hereto in considering the special needs of such facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term 'minority administered hospital facility' means a hospital controlled or operated by a governing body or administrative staff composed predominantly of members of a minority race. (d) For the purposes of the considerations contained in this Code section and in the planning agency's applicable rules, relevant data which were unavailable or omitted when the state health plan or rules were prepared or revised may be considered in the evaluation of a project. (e) The planning agency shall specify in its written findings of fact and decision which of the considerations contained in this Code section and the planning agency's applica ble rules are applicable to an application and its reasoning as to and evidentiary support for its evaluation of each such applicable consideration and rule.
31-6-42.1. (a) A certificate of authority may be obtained for a new institutional health service or health care facility which meets the additional requirements of subsection (b) of this Code section only if the service or facility to be developed or offered is not a skilled nursing facility, intermediate care facility, home health agency, or pediatric cardiac sur gery service. (b) A certificate of authority may be obtained for a new institutional health service or health care facility which is described in subsection (a) of this Code section if the plan ning agency determines, based upon the application for a certificate for such service or facility that:
(1) It is a service or facility described in subsection (a) of this Code section; (2) The applicant commits to the provision of uncompensated indigent or charity care in an amount which meets or exceeds the minimum established under Code Section 31-6-40.1; (3) Where a hospital makes applications to obtain a certificate of authority to develop or offer obstetrical, gynecological, neonatal newborn care, or any combination of such services and that hospital is located in a county having a hospital which has a certifi cate of need to offer such services and which has a family practice residency program which includes some or all of those services, the certificate of authority may only be

WEDNESDAY, FEBRUARY 28, 1996

1491

granted to the applicant where the applicant agrees to permit those residents in the family practice residency program to deliver such services in the applicant's hospital as part of such program; and (4) The applicant agrees to participate in the medicare and Medicaid programs and provides a commitment to establish and maintain community outreach programs. (c) The planning agency shall issue a certificate of authority to each applicant whose application meets the requirements of subsections (a) and (b) of this Code section and the agency rules interpretive of those requirements. The agency shall make written find ings of fact and decision with respect to the agency's grant or denial of a certificate of authority. The agency shall have the authority to deny a certificate of authority when the past history of an applicant shows that the applicant has failed to adhere to the terms of a certificate of authority or certificate of need previously issued to the appli cant, including, but not limited to, the applicant's failure or refusal to participate in the medicare and Medicaid programs, or its failure or refusal to provide indigent care as previously committed. (d) Where a certificate of need or other authority to develop or offer a new institutional health care service or health care facility is obtained prior to July l^ 1997, and such cer tificate authorizes such services or facilities as will only require a certificate of authority on or after that date, such certificate of need shall be sufficient to continue to provide those services and facilities for which that certificate was granted without having to obtain a certificate of authority therefor.
31-6-43.
(a) Each application for a certificate of need or certificate of authority shall be reviewed by the planning agency and within ten working days after the date of its receipt a deter mination shall be made as to whether the application complies with the rules governing the preparation and submission of applications for the certificate applied for. If the application complies with the rules governing the preparation and submission of applica tions for the certificate applied for, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of gen eral circulation in the county in which the project shall be developed that the applica tion has been deemed complete. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules gov erning the preparation and submission of applications for the certificate applied for, the planning agency shall notify the applicant in writing and provide a list of all deficien cies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of gen eral circulation in the county in which the project shall be developed that the applica tion has been so declared. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal govern ments, if any, in whose boundaries the proposed project will be located that the applica tion is complete for review or when in the determination of the planning agency a significant amendment is filed. (b) An applicant may amend its application at any time no later than ten days prior to the end of the review period, and the planning agency may request an applicant to make amendments. The planning agency decision shall be made on an application as amended, if at all, by the applicant. (c) Except as provided in subsection (d) of this Code section, there shall be a time limit of 90 days for review of a project requiring a certificate of need and 45 days for review of a project requiring a certificate of authority, beginning on the day the planning agency declares the application complete for review. The planning agency may adopt rules for determining when it is not practicable to complete a review i 96 days within such time limits and may extend the review period upon written notice to the applicant but only for an extended period of not longer than an additional 30 days.

1492

JOURNAL OF THE HOUSE,

(d) The planning agency may order the joinder of an application for a certificate of need which is complete for review with one or more subsequently filed applications for certifi cates of need declared complete for review when:
(1) The first and subsequent applications involve similar projects in the same service area or overlapping medical service areas; and
(2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review.
Following joinder of the first application with subsequent applications, none of the sub sequent applications so joined may be considered as a first application for the purposes of future joinder. The planning agency shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for planning agency action for all of the applicants shall run from the latest date that any one of the joined applica tions was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the planning agency may award no cer tificate of need or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Section 31-6-42, the planning agency's applicable rules, and the award of which will best satisfy the pur poses of this chapter.
(e) The planning agency shall review the application and all written information submit ted by the applicant in support of the application for a certificate of need or certificate of authority to determine the extent to which the proposed project is consistent with the applicable considerations stated in Code Section 31-6-42 or the criteria in Code Sec tion 31-6-42.1, respectively, and in the planning agency's applicable rules. During the course of the review, the planning agency staff may request additional information from the applicant as deemed appropriate. Pursuant to rules adopted by the planning agency, a public hearing on applications for a certificate of need covered by those regulations may be held prior to the date of the agency's decision thereon. Such rules shall provide that when good cause has been shown, a public hearing shall be held by the planning agency upon an application for a certificate of need. Any interested person may submit information to the planning agency concerning an application, and an applicant shall be entitled to notice of and to respond to any such submission.
(f) In the event that the planning agency's initial review of an application indicates that an application for a certificate of need or certificate of authority is not consistent with the applicable considerations contained in Code Section 31-6-42 or the criteria in Code Section 31-6-42.1, respectively, and in the planning agency's applicable rules, on or before the sixtieth day after an application for a certificate of need, or the last applica tion joined pursuant to subsection (d) of this Code section, is declared complete for review, or the thirtieth day after an application for a certificate of authority is declared complete for review, the planning agency shall provide the applicant an opportunity to meet with the planning agency to discuss the application and an opportunity to submit additional information. Such additional information shall be submitted prior to the seventy-fifth day after the application for a certificate of need, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review or prior to the thirty-fifth day after the application for a certificate of authority js declared complete for review.
(g) The planning agency shall, no later than 90 days after an application for a certificate of need is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, or in the event the application is for a certificate of authority, no later than 45 days after such application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need or certificate of authority for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the application for a certificate of need, or the last

WEDNESDAY, FEBRUARY 28, 1996

1493

application joined pursuant to subsection (d) of this Code section, or within 75 days after the application for a certificate of authority was declared complete for review. Such notice shall contain the planning agency's written findings of fact and decision as to each applicable consideration criteria, or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a such certificate ef need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the review board in accordance with this chapter. (h) Should the planning agency fail to provide written notification of the decision within the time limitations set forth in this Code section, an application for a certificate of need shall be deemed to have been approved as of the ninety-first day, or the one hun dred twenty-first day if the review period was extended pursuant to subsection (c) of this Code section, and an application for a certificate of authority shall be deemed to have been approved as of the forty-sixth day, or the seventy-sixth day if the review period was extended pursuant to subsection (c) of this Code section, following notice from the planning agency that an application, or the last of any applications joined pur suant to subsection (d) of this Code section, is declared Complete for review.1
31-6-44.
(a) There is created the Health Planning Review Board, which shall be an agency sepa rate and apart from the planning agency. That review board which existed on June 30, 1994, is continued in existence after that date but on and after July 1, 1994, shall be constituted as provided in this subsection. Those members of the Health Planning Review Board serving as such on January 1, 1994, or any person selected to fill a vacancy in such membership shall continue to serve as such members until July 1, 1994, at which time the terms of office of such members shall expire. On and after July 1, 1994, the review board shall be composed of 11 members appointed by the Governor, with one from each congressional district. The Governor shall appoint persons to the review board who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. The Governor shall also name from among such members a chairperson and a vice chairperson of the review board, both of whom shall be attorneys licensed to prac tice law in this state. The vice chairperson shall have the same authority as the chairper son; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson becomes incapaci tated, as determined by the Governor. Vacancies on the board caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor to the board. (b) The purpose of the review board shall be to review decisions made by hearing offi cers as provided in subsection (h) of this Code section. At least a quorum of the review board shall meet at least once every month to review hearing officer decisions unless there are not any decisions for it to review. For purposes of this subsection, a quorum shall consist of five members of the review board, including either the chairperson or the vice chairperson. The review board shall promulgate reasonable rules for its opera tion and rules of procedure for the conduct of review board meetings and initial admin istrative appeal hearings held by the appointed hearing officers. Subject to the limitations stated in this subsection and in subsection (c) of this Code section, the review board shall formulate and approve a list of at least five and not more than ten attorneys who shall serve as hearing officers for appeals which are assigned to them by the chairperson of the review board. Each such attorney approved to be included on the list of hearing officers shall be an active member of the State Bar of Georgia in good standing, and each such attorney must have maintained such active status for the five years immediately preceding such person's respective approval. The members of the

1494

JOURNAL OF THE HOUSE,

review board shall receive no salary but shall be reimbursed for their expenses in attend ing meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and the chairperson and vice chairperson shall also be compensated for their services rendered to the review board outside of attendance at a review board meeting, the amount of which compensa tion shall be determined according to regulations of the Department of Administrative Services. Hearing officers to whom a case has been assigned shall receive compensation determined to be appropriate and reasonable by the review board. Such compensation to the members of the review board and to hearing officers shall be made by the Depart ment of Administrative Services.
(c) Any applicant for a project which requires a certificate of need or certificate of authority, or any competing applicant for a certificate of need, or any competing health care facility that has notified the planning agency prior to its decision that such facility is opposed to the certificate of need application before the planning agency, or any county or municipal government in whose boundaries the proposed project will be located, who is aggrieved by a certificate of need decision of the planning agency shall have the right to an initial administrative appeal hearing before a hearing officer or to intervene in such hearing. Such request for hearing or intervention shall be made within 30 days of the date of the decision made pursuant to Code Section 31-6-43. In the event that an appeal is requested, the chairperson of the review board shall appoint a hearing officer for each such hearing within 50 days after the date of the decision made pursuant to Code Section 31-6-43. Within 14 days after the appointment of the hearing officer, such hearing officer shall set the date or dates for the hearing and shall provide the par ties with written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing appli cants, all applicants consent to an extension of this time period to a specified date. Unless the applicant consents or, in the case of competing applicants, all applicants con sent to an extension of said 120 day period, any hearing officer who fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance of the hearing officer's decision and shall make such rulings as may be required for the conduct of the hearing.
(d) In fulfilling the functions and duties of this chapter, the hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writings or information used by the planning agency in making its decision shall be pub lic records and available to the parties, and the hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing.
(e) The issue for the decision by the hearing officer shall be whether, and the hearing officer shall order the issuance of a certificate of need or certificate of authority if, in the hearing officer's judgment the application for a certificate of need is consistent with the considerations as set forth in Code Section 31-6-42 or the application for a certifi cate of authority meets the criteria set forth in Code Section 31-6-42.1 and the planning agency's rules, as the hearing officer deems such considerationSj criteria, and rules appli cable to the review of the project. The hearing officer shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the appli cation. The hearing officer shall also consider whether the appeal lacks substantial justi fication and whether such appeal was undertaken solely for the purpose of delay or harassment. Appellants or applicants shall proceed first with their cases before the hear ing officer in the order determined by the hearing officer, and the planning agency, if
a party, shall proceed last. In the event of a consolidated hearing on applications which
were joined pursuant to subsection (d) of Code Section 31-6-43, the hearing officer shall

WEDNESDAY, FEBRUARY 28, 1996

1495

have the same powers specified for the planning agency in subsection (d) of Code Sec tion 31-6-43 to order the issuance of no certificate of need or one or more certificates of need.
(f) All evidence shall be presented at the initial administrative appeal hearing conducted by the appointed hearing officer. A party or certificate of need intervenor may present any relevant evidence on all issues raised by the hearing officer or any party to the hear ing or revealed during discovery, except that, unless in response to an issue raised by a a certificate of need opponent or the hearing officer or revealed during discovery, a party or certificate of need intervenor may not present a new need study or analysis that is substantially different from any such study or analysis submitted to the planning agency prior to its decision and that could reasonably have been available for submission to the planning agency prior to its decision. Except for such limitation on new studies or analyses, the hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerations^ criteria, or rules.
(g) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in Code Section 31-6-42 or as to the criteria set forth in Code Section 31-6-42.1 and the planning agency's rules, including a detailed statement of the reasons for the decision of the hearing officer. If any party has alleged that an appeal lacks substantial justifica tion and was undertaken solely for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation. Immediately upon rendering a decision, the hearing officer shall file such decision with the review board, serve such decision upon all parties, and transmit the administrative record to the chairperson of the review board. Any party, including the planning agency, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to appeal that decision to the review board shall file such party's specific objections thereto with the review board within 30 days of such party's receipt of the hearing officer's decision.
(h) The decision of the hearing officer will become the final decision of the planning agency upon the sixty-first day following the receipt of the decision by the review board unless an objection thereto is filed within the time limit established in subsection (g) of this Code section and within 60 days of the receipt of the hearing officer's decision by the review board:
(1) At least a quorum of the review board meets to review such decision and, by a majority vote of those members present at the meeting, decides whether to affirm, reverse, or modify the hearing officer's decision or to remand the case to the hearing officer for further consideration; or
(2) At the request of any party which participated in the initial administrative hear ing before the hearing officer, or upon its own initiative, the chairperson or the chairperson's designee extends the time period for review of such decision. However, the review board may not extend the time period for review of such decision for longer than 45 days.
The chairperson or vice chairperson shall set the date for the review board meeting and provide the parties with written notice mailed at least 14 days prior to such meeting. Within 30 days after meeting to review such hearing officer's decision, either the chair person or the vice chairperson of the review board shall, on behalf of the review board members present at such meeting, issue a written order which memorializes the decision of the review board reached by such majority vote. In the event the review board reverses or modifies the hearing officer's decision, the review board shall issue a written decision explaining why such changes were made. However, the review board shall not reverse findings of fact made by the hearing officer unless the review board specifically finds that the hearing officer's findings of fact are not supported by substantial evi dence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclu sions, or decisions, which such evidentiary standard shall be in excess of the 'any evi dence' standard contained in other statutory provisions. If, before the date set for the

1496

JOURNAL OF THE HOUSE,

review board's meeting, application is made to the chairperson for leave to present addi tional evidence and it is shown to the satisfaction of the chairperson that the additional evidence is material and there were good reasons for failure to present it in the proceed ings before the hearing officer, the chairperson may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon condi tions determined by the chairperson. The hearing officer may modify the initial decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the review board. Unless leave is given by the chairperson in accordance with the provisions of this subsection, the review board may not consider new evidence under any circumstances. In all circumstances, the review board's decision in certificate of need applications shall be based upon considerations as set forth in Code Section 31-6-42 and in certificate of authority applications shall be based upon cri teria set forth in Code Section 31-6-42.1 and the planning agency's rules, (i) After the issuance of a decision by the planning agency pursuant to Code Section 31-6-43, no party to an appeal hearing, nor any person on behalf of such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or any member of the review board in regard to a project under appeal, (j) Unless the hearing officer's decision becomes the planning agency's decision by oper ation of law as provided in subsection (h) of this Code section, the final decision of the review board shall become the planning agency's decision by operation of law. Such final decision shall be the final agency decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code sec tion shall be the administrative remedy only for decisions made by the planning agency pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need or certificates of authority. (k) In the event that the review board or its chairperson or vice chairperson requires legal counsel, the chairperson or vice chairperson shall make a request for such advice to the Attorney General. (1) If, based upon the findings of the hearing officer, the review board determines that the appeal filed by any party of a decision of the planning agency lacks substantial justi fication and was undertaken solely for the purpose of delay or harassment, the review board may enter an award in its written order against such party and in favor of the successful party or parties, including the planning agency, of all or any part of their respective reasonable and necessary attorney's fees and expenses of litigation, as the review board deems just. Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is made. (m) Any party to the initial administrative appeal hearing conducted by the appointed hearing officer, excluding the planning agency, may seek judicial review of the final deci sion in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, the hear ing officer, or the review board or the administrative findings, inferences, and conclu sions contained in the final decision are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to sup port such findings, inferences, conclusions, or decisions, which such evidentiary stan dard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion.

WEDNESDAY, FEBRUARY 28, 1996

1497

31-6-45.
(a) The planning agency may revoke or suspend a certificate of need or certificate of authority after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," for the following reasons:
(1) Failure to comply with the provisions of Code Section 31-6-41; e* (2) The intentional provision of false information to the planning agency by an appli cant in that applicant's applicationj or T (3) Failure to comply with any obligation required by the certificate or specified as a condition for the grant of a certificate. The planning agency may not, however, suspend or revoke a certificate of need if the applicant changes the defined location of the project within the same county less than three miles from the location specified in the certificate of need for financial reasons or other reasons beyond its control, including but not limited to, failure to obtain any required approval from zoning or other governmental agencies or entities, provided such change in location is otherwise consistent with the considerations and rules applied in the evaluation of the project. (b) Any health care facility offering a new institutional health service without having obtained a the required certificate of need or certificate of authority and which has not been previously licensed as a health care facility shall be denied a license to operate. (c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate of need or certificate of authority as required by this chapter, or the certificate of need or certificate of authority for such service is sus pended or revoked according to the provisions of this Code section, or the holder of such certificate fails to comply with the provisions of Code Section 31-6-41 or fails to comply with any obligation assumed in the application and specified as a condition for the grant of a certificate, a facility or applicant may be fined an amount not to exceed $5,000.00 per day for every day that the violation of this chapter or the conditions of the certifi cate has existed and knowingly and willingly continues; provided, however, that the expenditure or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need or certificate of authority appli cation is denied shall not be a violation of this chapter and shall not be subject to such a fine. The executive director of the planning agency shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied. (d) In addition, for purposes of this Code section, the State of Georgia, acting by and through the planning agerny, or any other interested person, shall have standing in any court of competent jurisdiction to maintain an action for injunctive relief to enforce the provisions of this chapter.
31-6-45.1.
(a) A health care facility which has a certificate of needj certificate of authority, or is otherwise authorized to operate pursuant to this chapter shall have such certificate of seed or authority to operate automatically revoked by operation of law without any action by the planning agency when that facility's permit to operate pursuant to Code Section 31-7-4 is finally revoked by order of the department. For purposes of this sub section, the date of such final revocation shall be as follows:
(1) When there is no appeal of the order pursuant to Chapter 5 of Title 31, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or (2) When there is an appeal of the order pursuant to Chapter 5 of Title 31, the date upon which expires the time to appeal the last administrative or judicial order affirm ing or approving the revocation or revocation order without such appeal being filed. The planning agency may become a party to any judicial proceeding to review a decision by the department to revoke such a permit. (b) The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code sec tion may continue to be offered in the service area in which that facility was located

1498

JOURNAL OF THE HOUSE,

under such conditions as specified by the planning agency notwithstanding that some or all of such services could not otherwise be offered as new institutional health services.
31-6-45.2. (a) Any proposed or existing health care facility which obtains a certificate of need on or after April 6, 1992, or obtains a certificate of authority on or after the date this sub section becomes effective in 1997 based in part upon assurances that it will participate as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and which terminates its participation as a provider of medical assistance, shall be subject to a monetary penalty in the amount of the difference between the Medicaid covered services which the facility agreed to provide in its certificate of need or certificate of authority application and the amount actually provided; provided, how ever, that this Code section shall not apply if:
(1) The proposed or existing health care facility's certificate of need application was approved by the planning agency prior to April 6, 1992, and the planning agency's approval of such application was under appeal on or after April 6, 1992, and the plan ning agency's approval of such application is ultimately affirmed; (2) Such facility's participation as a provider of medical assistance is terminated by the state or federal government; or (3) Such facility establishes good cause for terminating its participation as a provider of medical assistance. For purposes of this Code section, 'good cause" shall mean:
(A) Changes in the adequacy of medical assistance payments, as defined in para graph (5) of Code Section 49-4-141, provided that at least 10 percent of the facility's utilization during the preceding 12 month period was attributable to services to recipients of medical assistance, as defined in paragraph (7) of Code Section 49-4-141. Medical assistance payments to a facility shall be presumed adequate unless the revenues received by the facility from all sources are less than the total costs set forth in the cost report for the preceding full 12 month period filed by such facility pursuant to the state plan as defined in paragraph (8) of Code Section 49-4-141 which are allowed under the state plan for purposes of determining such facility's reimbursement rate for medical assistance and the aggregate amount of such facility's medical assistance payments (including any amounts received by the facility from recipients of medical assistance) during the preceding full 12 month cost reporting period is less than 85 percent of such facility's Medicaid costs for such period. Medicaid costs shall be determined by multiplying the allowable costs set forth in the cost report, less any audit adjustments, by the percentage of the facility's utilization during the cost reporting period which was attributable to recip ients of medical assistance; (B) Changes in the overall ability of the facility to cover its costs if such changes are of such a degree as to seriously threaten the continued viability of the facility; or (C) Changes in the state plan, statutes, or rules and regulations governing providers of medical assistance which impose substantial new obligations upon the facility which are not reimbursed by Medicaid and which adversely affect the financial viability of the facility in a substantial manner. (b) A facility seeking to terminate its enrollment as a provider of medical assistance shall submit a written request to the Department of Medical Assistance documenting good cause for termination. The Department of Medical Assistance, after consultation with the planning agency, shall grant or deny the facility's request within 30 days. If the Department of Medical Assistance denies the facility's request, the facility shall be entitled to a hearing conducted in the same manner as an evidentiary hearing conducted by the Department of Medical Assistance pursuant to the provisions of Code Section 49-4-153 within 30 days of the Department of Medical Assistance's decision. (c) The imposition of the monetary penalty provided in this Code section shall com mence upon notification to the executive director of the planning agency by the commis sioner of medical assistance that said facility has terminated its participation as a provider of medical assistance. The monetary penalty shall be levied and collected by

WEDNESDAY, FEBRUARY 28, 1996

1499

the planning agency on an annual basis for every year in which the facility fails to par ticipate as a provider of medical assistance. Penalties authorized under this Code section shall be subject to the same notices and hearings as provided for levy of fines under Code Section 31-6-45.
31-6-46.
The planning agency shall prepare and submit an annual report to the Health and Human Services Committee of the Senate and the Health and Ecology Committee of the House of Representatives about its operations and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regu lar session. Either committee may request any additional reports or information, includ ing decisions, from the planning agency at any time, including a period in which the General Assembly is not in regular session.
31-6-47.
(a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or by any of its agen cies; (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (5) Christian Science sanatoriumsj also known as Christian Science nursing facilities, operated e* listed and certified by the Fifst Church of- Chriat Scientist, Boston, Masaachuactts; The Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc.; (6) Site acquisitions for health care facilities or preparation or development costs for such sites prior to the decision to file a. certificate of need or certificate of authority application; (7) Expenditures related to adequate preparation and development of an application for a certificate of need or certificate of authority; (8) The commitment of funds conditioned upon the obtaining of a certificate of need or certificate of authority; (9) Expenditures for the acquisition of existing health care facilities by stock or asset purchase, merger, consolidation, or other lawful means unless the facilities are owned or operated by or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as defined in Article 4 of Chapter 7 of this title; (9.1) Expenditures for the restructuring of or for the acquisition by stock or asset pur chase, merger, consolidation, or other lawful means of an existing health care facility which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acqui sition is made by any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection; (10) Expenditures for the minor repair of a health care facility, or parts thereof or services provided or equipment used therein, or replacement of equipment, including, but not limited to, CT scanners; (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, or to comply with accreditation standards of the Joint Commission on Accreditation of Hospitals;

1500

JOURNAL OF THE HOUSE,

(12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published by the Bureau of the Census of the Department of Commerce, of the United States government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such facility of major medical equipment previously approved under or exempted from certificate of need or certifi cate of authority review, except where such transfer results in the institution of a new clinical health service for which a certificate of need or certificate of authority is required in the facility acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in circumstances defined by the planning agency pursuant to federal law; (15) Increases in the bed capacity of a hospital up to te 20 beds or M 20 percent of capacity, whichever is less, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 85 percent for the previous 12 month period; and (16) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and:
(A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the Department of Medical Assistance; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and
(B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health services; or (IV) Any increase in capacity of existing clinical health services; (ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and (iii) Is located within a three-mile radius of and within the same county as the hospital's existing facility; and T
(17) Magnetic resonance imaging or positron emission tomography services and any expenditures directly related to the purchase or installation of the equipment neces sary for the provision of such services. (b) The planning agency shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need or certificate of authority may be modified and expedited as a result of emergency situations. (c) By rule, the planning agency shall establish a procedure for expediting or waiving reviews of certain projects the nonreview of which it deems compatible with the pur poses of this chapter, in addition to expenditures exempted from review by this Code section.
31-6-48.
The State Health Planning and Development Agency, the State-wide Health Coordinat ing Council, and the State Health Planning Review Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Plan ning Review Board, as established in this chapter, except that on and after July 1, 1991,

WEDNESDAY, FEBRUARY 28, 1996

1501

the Health Strategies Council shall be the successor to the Health Policy Council. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor agency, council, or board established in this chapter shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished.
31-6-49.
In order to assure an orderly transition between the state entities responsible for health planning and the operation of the certificate of need program prior to July 1, 1983, and those entities so responsible after July 1, 1983, the following provisions shall apply:
(1) All matters pending before the State Health Planning and Development Agency, the State Health Planning Review Board, and the State-wide Health Coordinating Council prior to July 1, 1983, shall automatically be transferred to the respective suc cessor agencies created by this chapter; (2) No later than July 5, 1983, the health planning agency will propose rules in accordance with the procedures set forth in Code Section 31-6-21; (3) Prior to and until the effective date of any portion of the rules provided for in paragraph (2) of this Code section, the rules of the State Health Planning and Devel opment Agency in effect on June 30, 1983, will remain in effect as the rules for the Health Planning Agency and for the Health Planning Review Board, except for proce dural rules promulgated by the review board. The rules in effect on June 30, 1983, if not inconsistent with this chapter, shall govern the procedures of the planning agency created by this chapter, and certificate of need decisions made by the Health Planning Agency and the Health Planning Review Board before the effective date of any portion of the new rules referenced in paragraph (2) of this Code section; and (4) If all or any part of the rules of the planning agency proposed in accordance with paragraph (2) of this Code section are objected to as provided in Code Section 31-6-21, and the planning agency determines that it cannot render a decision on an application or class of applications without such rule or rules or parts thereof, it may impose a temporary moratorium on the receipt of or action on any certificate of need or certificate of authority applications which are affected by the rule or part to which objection has been made. This moratorium shall include applications pending on the date of such objections and shall serve as an automatic extension of the time limits for decision on such applications set out in Code Section 31-6-43. Such moratorium shall last no longer than the time at which the rule or rules or parts thereof become effective as provided in Code Section 31-6-21, or April 1, 1984, whichever is earlier.
31-6-50.
From and after July 1, 1983, the review and appeal considerations and procedures set forth in Code Sections 31-6-42 through 31-6-44, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consideration by the planning agency or on appeal before the review board as of July 1, 1983.
ARTICLE 4
31-6-70.
(a) There shall be required from each hospital in this state an annual report of certain health care information to be submitted to the planning agency. The report shall be due on the last day of January and shall cover the 12 month period preceding each such cal endar year. (b) The report required under subsection (a) of this Code section shall contain the fol lowing information:
(1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Contractual adjustments;

1502

JOURNAL OF THE HOUSE,

(5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and (8) For cases involving indigent persons:
(A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The number of patients categorized by county of residence; and (E) The indigent care costs incurred by the hospital by county of residence. (c) As used in subsection (b) of this Code section, 'indigent persons' means persons hav ing as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (d) The planning agency shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section. (e) In the event that the planning agency does not receive an annual report from a hos pital within 30 days following the date such report was due or receives a timely but incomplete report, the planning agency shall notify the hospital regarding the deficien cies. (f) No application for a certificate of need or certificate of authority under Article 3 of this chapter shall be considered as complete if the applicant has not submitted the annual report required by subsection (a) of this Code section."
SECTION 2. This Act shall become effective only for purposes of promulgating rules and regulations thereunder on July 1, 1996. Those provisions of this Act providing an exemption for Chris tian Science Sanatoriums shall become effective January 1, 1997. The remaining provisions of this Act shall become effective for all other purposes on July 1, 1997.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Childers of the 13th, et al., was read:
A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the provisions relating to definitions; to provide for certificates of authority for cer tain new institutional health services and the conditions and procedures relating thereto; to change certain functions and powers of the Health Planning Agency; to provide for unreimbursed services; to change the provisions relating to the Health Strategies Council; to change certain time limits; to provide for contractual payments; to provide for fines, sanctions, and for certificate revocation and suspension; to change the conditions and pro cedures for granting certificates of need; to change certain exceptions; to change certain reporting requirements; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing Chapter 6 thereof, relating to state health planning and certificates of need, and insert ing in lieu thereof the following:
"CHAPTER 6 ARTICLE 1
31-6-1.

WEDNESDAY, FEBRUARY 28, 1996

1503

The policy of this state and the purposes of this chapter are to ensure that adequate health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those health care services found to be in the public interest shall be provided in this state. To achieve this public policy and purpose, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health ser vices be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, and that is compat ible with the health care needs of the various areas and populations of the state.
31-6-2.
As used in this chapter, the term: (1) 'Ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization.
(2) 'Application' means a written request for a certificate of need or certificate of authority made to the planning agency, containing such documentation and informa tion as the planning agency may require. (2.1) 'Basic health services' means any of the following services which are provided in a hospital: diagnostic radiology and diagnostic imaging; intensive care; pediatrics; basic perinatal services, including obstetric and neonatal newborn care services, but exclud ing neonatal intermediate care services (Level II) and neonatal intensive care services (Level III); gynecology; obstetrics: general medical care; surgical care with the excep tion of open heart surgery; emergency room care; and inpatient rehabilitation. (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, except that single beds in single rooms shall be counted even if the room contains inadequate square footage. (3.1) 'Birthing center' means any institution classified as a birthing center under Code Section 31-7-1.
(3.2) 'Certificate of authority' means an official determination by the planning agency, evidenced by certification issued pursuant to an application, that the action proposed
in the application meets the criteria established in Code Section 31-6-42.1. (4) 'Certificate of need" means an official determination by the planning agency, evi
denced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this chapter and rules promulgated pursuant hereto to this chapter. (5) 'Clinical health services' means diagnostic, treatment, or rehabilitative services
provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, the following: radiology and diagnostic imaging-; such as magnetic resonance imaging and- positron
emission tomogr-aphy; radiation therapy; biliary lithotripsy; surgery; intensive care; coronary care; pediatrics; gynecology; obstctrica perinatal; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization; open-heart surgery; inpatient rehabilitation;
and alcohol, drug abuse, and mental health services. (6) 'Consumer' means a person who is not employed by any health care facility or provider and who has no financial or fiduciary interest in any health care facility or provider.
(7) 'Develop,' with reference to a project, means: (A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $000,000.00 $2 million; or
(B) The expenditure or commitment of funds exceeding $600,000.00 $1 million for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment.

1504

JOURNAL OF THE HOUSE,

Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or commitment or incurring of an obligation for the expenditure of funds to develop cer tificate of need or certificate of authority applications, studies, reports, schematics, preliminary plans and specifications, or working drawings or to acquire, develop, or prepare sites or for the construction, expansion, or remodeling of any parking facility, medical office building, cafeteria, or other facility or addition located at or owned by a health care facility which does not involve the provision of clinical health services or diagnostic, therapeutic, or rehabilitative services to patients shall not be considered to be the developing of a project. (7.1) 'Diagnostic, treatment, or rehabilitation center' means any professional or busi ness undertaking, whether for profit or not for profit, which offers or proposes to offer any clinical health service in a setting which is not part of a hospital. (8) 'Health care facility' means hospitals; ethef special eare units, including feet et limited te podiatric facilities; skilled nursing facilities; intermediate care facilities; per sonal care homes; ambulatory surgical or obstetrical facilities; birthing centers; health maintenance organizations; home health agencies; diagnostic, treatment, or rehabilita tion centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable thereto; and facilities which are devoted to the provision of treatment and rehabilita tive care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1. (9) 'Health maintenance organization' means a public or private organization organized under the laws of this state which:
(A) Provides or otherwise makes available to enrolled participants health care ser vices, including at least the following basic health care services: usual physicians' services, hospitalization, laboratory, X-ray, emergency and preventive services, and out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and (C) Provides physicians' services primarily:
(i) Directly through physicians who are either employees or partners of such orga nization; or (ii) Through arrangements with individual physicians organized on a group prac tice or individual practice basis. (10) 'Health Strategies Council' or 'council' means the body created by this chapter to advise the Health Planning Agency and adopt the state health plan. (11) 'Home health agency' means a public agency or private organization, or a subdi vision of such an agency or organization, which is primarily engaged in providing to individuals who are under a written plan of care of a physician, on a visiting basis in the places of residence used as such individuals' homes, part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse, and one or more of the following services: (A) Physical therapy;
(B) Occupational therapy; (C) Speech therapy; (D) Medical social services under the direction of a physician; or (E) Part-time or intermittent services of a home health aide. (12) 'Hospital' means an institution which is primarily engaged in providing to
inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or
sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, psychiatric, rehabilitative, geriatric,
osteopathic, and other specialty hospitals. (13) 'Intermediate care facility' means an institution which provides, on a regular basis, health related care and services to individuals who do not require the degree

WEDNESDAY, FEBRUARY 28, 1996

1505

of care and treatment which a hospital or skilled nursing facility is designed to pro vide but who, because of their mental or physical condition, require health related care and services beyond the provision of room and board. (14) 'New institutional health service' means:
(A) The construction, development, or other establishment of a new health care facility; (B) Any expenditure by or on behalf of a health care facility in excess of $000,000.00 $2 million which, under generally accepted accounting principles con sistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political sub division of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title or certificate of need owned by such facility in connection with its acquisition; (C) Any increase in the bed capacity of a health care facility except as provided in
Code Section 31-6-47; (D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered; (E) Any conversion or upgrading of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; (F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $600,000.00 $1 million. The acquisi tion of one or more items of functionally related diagnostic or therapeutic equip ment shall be considered as one project; (G) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following:
(i) Radiation therapy;
(ii) Biliary lithotripsy;
(iii) Surgery in an operating room environment, including but not limited to ambulatory surgery; provided, however, this provision shall not apply to surgery performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, oper ated, and utilized by such physicians who also are of a single specialty and the capital expenditure associated with the construction, development, or other estab lishment of the clinical health service does not exceed the amount of $1 million; and
(iv) Cardiac catheterization; or
(H) The purchase, lease, or other use by or on behalf of a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $600,000.00 $1 million. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project.
The dollar amounts specified in subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the composite construction index, or its successor or appropriate replacement index, if any, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on July 4; 1001 January lj 1998, and on each anniversary thereafter of publication of the index. The planning agency shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subpar agraph (G) of this paragraph, and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this

1506

JOURNAL OF THE HOUSE,

chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obliga tion for the expenditure of funds to develop certificate of need or certificate of author ity applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites or for the construction, expansion, or remodeling of any parking facility, medical office building, cafeteria, or any other facility or addi tion located at or owned by a health care facility which does not involve the provision of clinical health services or diagnostic, therapeutic, or rehabilitative services to patients. (15) 'Nonclinical health services' means services or functions provided or performed by a health care facility, and the parts of the physical plant where they are located in a health care facility that are not diagnostic, therapeutic, or rehabilitative services to patients and are not clinical health services defined in this chapter. (16) 'Offer' means that the health care facility is open for the acceptance of patients or performance of services and has qualified personnel, equipment, and supplies neces sary to provide specified clinical health services. (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. (17) 'Person' means any individual, trust or estate, partnership, corporation (including associations, joint-stock companies, and insurance companies), state, political subdivi sion, hospital authority, or instrumentality (including a municipal corporation) of a state as defined in the laws of this state. (18) 'Personal care home' means a residential facility having at least 25 beds and pro viding, for compensation, protective care and oversight of ambulatory, nonrelated per sons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal care homes include those facilities which monitor daily residents' func tioning and location, have the capability for crisis intervention, and provide supervi sion in areas of nutrition, medication, and provision of transient medical care. Such term does not include:
(A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals; or (B) Boarding facilities which do not provide personal care. (19) 'Planning agency' means the Health Planning Agency created by this chapter to carry out the state's health planning andj certificate of needj and certificate of author ity programs. (20) 'Project' means a proposal to take an action for which a certificate of need or certificate of authority is required under this chapter. A project or proposed project may refer to the proposal from its earliest planning stages up through the point at which the new institutional health service is offered. (21) 'Review board' means the Health Planning Review Board created by this chapter. (22) 'Skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. (23) 'State health plan' means a comprehensive program adopted by the Health Strat egies Council, approved by the Governor, and implemented by the State of Georgia for the purpose of providing adequate health care services and facilities throughout the state.
ARTICLE 2
31-6-20.
(a) There is created a Health Strategies Council to be appointed by the Governor, sub ject to confirmation by the Senate. Any appointment made when the Senate is not in

WEDNESDAY, FEBRUARY 28, 1996

1507

session shall be effective until the appointment is acted upon by the Senate. The Health Strategies Council shall be the successor to the Health Policy Council. Those members of the previously existing Health Policy Council who are serving as such on January 1, 1991, shall continue to serve until July 1, 1991, at which time their terms shall expire and that council shall be abolished. On and after that date the council shall be com posed of 26 27 members. Of those members, at least one shall be appointed from each congressional district. The council shall be composed as follows:
(1) One member representing county governments; (2) One member representing the private insurance industry; (3) Eleven :Fen members representing health care providers as follows:
(A) One member representing rural hospitals; (B) One member representing urban hospitals; (C) One member who is a primary care physician; (D) One member who is a physician in a board certified specialty; (E) One member who is a registered professional nurse; (F) One member who is a registered professional nurse who is certified as a nurse practitioner; (G) One member representing nursing homes; (H) One member representing home health agencies; (I) One member representing primary care centers; and (J) One member who is a primary care dentist; and (K) One member who is a health care professional other than those listed in this
paragraph. (4) Eleven !FeB consumer representatives who are knowledgeable as to health care needs in the fields they represent but who have no financial interest in the health care industry as follows:
(A) One member representing health care needs of women; (B) One member representing health care needs of children; (C) One member representing health care needs of the disabled; (D) One member representing health care needs of the elderly; (E) One member representing health care needs of low-income persons; (F) One member representing health care needs of small business personnel; (G) One member representing health care needs of large business personnel;
(H) One member representing health care needs of labor organization members; and
(I) Three Twe members who represent populations with special health care access problems; and
(5) Three at-large members.
(b) Reserved. If the state obtains tat additional member ef the United States House -of ivcprcscntfttivcs d9 ft result of fefippoF11onmcni) tne oovernor sii8.il Appoint, su DJCC* TO confirmation by the Senate, from the new congressional district tht created one health etire provider mem DOT wno meets trie recjuiremen19 ot stiopQFQ^rftpii ^ftj^oj\j ) of tnis
section AUG. one consvimcv memoes wno meets ttte reQUircments (a) (4) (I) ef- this Code section as te ft population specified in those subparagraphs which 19 not tnen represented on tne council. W itn trie dudition of tiiese two tncmuevs, trie council shall be composed ef- 3? members.
(c) The members of the council who are appointed to succeed those members whose terms expire July 1, 1991, shall take office July 1, 1991, and 12 of them shall be desig nated in such appointment to serve initial terms of office of two years and 13 of them shall be designated in such appointment to serve initial terms of office of four years. If two additional members are appointed to the council to represent a new congressional district as provided in subsection (b) of this Code section, one shall be designated to serve an initial term of office which expires when the above initial two-year terms of office expire and one shall be designated to serve an initial term of office which expires when the above initial four-year terms of office expire. After the initial terms provided in this subsection, members of the council shall be appointed to serve for four-year terms of office. Members of the council shall serve out their terms of office and until their respective successors are appointed and qualified.

1508

JOURNAL OF THE HOUSE,

(d) Members of the council shall be subject to removal by the Governor for incompe tence, neglect of duty, or for failing to attend at least 75 percent of the meetings of the council in any year. Vacancies on the council shall be filled by appointment by the Gov ernor, subject to confirmation by the Senate. (e) The Governor shall appoint the chairman chairperson of the council. A majority of the members of the council shall constitute a quorum. (f) The members of the council attending meetings of such council, or attending a sub committee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for the compensation and allow ances of certain state officials. (g) The functions of the council shall be to:
(1) Adopt the state health plan and submit it to the Governor for his approval which shall include all of the components of its functions and be regularly updated; (2) Review, comment on, and make recommendations to the planning agency on pro posed rules for the administration of this chapter, except emergency rules, prior to their adoption by the planning agency; (3) Monitor the implementation of each of the recommendations of the Governor's Access to Health Care Commission and the Governor's Commission on Obstetrics; (4) Conduct an ongoing evaluation of Georgia's existing health care resources for accessibility, including but not limited to financial, geographic, cultural, and adminis trative accessibility, quality, comprehensiveness, and cost; (5) Study long-term comprehensive approaches to providing health insurance coverage to the entire population, including modifications of current insurance mechanisms, single-payer insurance systems, and studies of health care systems of other countries; and (6) Perform such other functions as may be specified for the council by the planning agency. (h) The council shall prepare an annual report to the Governor and the General Assem bly which presents information and updates on the functions outlined in subsection (g) of this Code section. The council shall also prepare an annual report for Georgia's con gressional delegation which includes such information and which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. (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 state Health Planning Agency, the Department of Medical Assist ance, the Department of Human Resources, the Office of the Commissioner of Insur ance, 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 Educa tion, and the Department of Community Affairs.
31-6-21.
(a) There is created the Health Planning Agency which is authorized to administer the certificate of need and certificate of authority program established under this chapter and, within the appropriations 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 for administrative purposes only, as set forth in Code Section 50-4-3. (b) The functions of the planning agency shall be:
(1) To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state; (2) To prepare and revise a draft state health plan for submission to the Health Strategies Council for adoption and submission to the Governor; (3) To assist the Health Strategies Council in the performance of its functions;

WEDNESDAY, FEBRUARY 28, 1996

1509

(4) With the prior advice, comment, and recommendations of the Health Strategies Council, except with respect to emergency rules and regulations, to adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need and certificate of authority program; (5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and certificates of authority and periodic reports; (6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need or certificate of authority; (7) To provide, by rule, for such fees as may be necessary to cover the costs of prepar ing the record for appeals before the hearing officers and review board of the decisions of the planning agency, which costs may include reasonable sharing between the plan ning agency and the parties to appeal hearings; (8) To provide, by rule, for a reasonable and equitable fee schedule for certificate of need and certificate of authority applications; (9) To grant, deny, or revoke a certificate of need or certificate of authority as applied for or as amended; and (10) To perform powers and functions delegated by the Governor; which delegation may include the powers te eeeety et th duties asd- powers which- have been delegated
A... f1-if rtl mini HIT fipTrifv iifif^p'T QpftiAn "1 1 ^*O fif tho Finfifll ^rrnritv A c\ of i ftQ.&... nn

31-6-21.1. (a) Rules of the planning agency shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the agency shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (b) The planning agency shall transmit three copies of the notice provided for in para graph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that agency's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the pre siding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Ecology Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the planning agency at the end of such 30 day period. The planning agency may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of sub section (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the planning agency from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees. (c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period under subsection (b) of this Code section shall not be adopted by the planning agency and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the planning agency unless the agency, within the first 15 days of the next regular session

1510

JOURNAL OF THE HOUSE,

of the General Assembly, transmits written notification to each member of the objecting committees that the agency does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to with draw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately trans mitted to the other branch of the General Assembly. It shall be the duty of the presid ing officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that res olution shall be disapproved and not adopted by the planning agency. If the resolution
is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his the Governor's veto; or if no resolution is introduced objecting to the rule; or if
the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the
rule shall be disapproved and not adopted by the planning agency. (d) Any rule or part thereof which is objected to by only one committee under subsec tion (b) of this Code section and which is adopted by the planning agency may be con sidered 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 rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the planning agency in adopting a proposed rule over such objec
tion so to notify the chairmen chairpersons of the Health and Human Services Commit tee of the Senate and the Health and Ecology Committee of the House within ten days
after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of
the General Assembly to have such branch, within five days after the receipt of the reso lution, consider the resolution for the purpose of overriding the rule. In the event the
resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority
but by less than two-thirds of the votes of either branch, the resolution shall be submit ted to the Governor for his approval or veto. In the event of feis a veto, the rule shall remain in effect. In the event of hw an approval, the rule shall be void on the day after
the date of his approval. (e) Except for emergency rules, no rule or part thereof adopted by the planning agency after April 3, 1985, shall be valid unless adopted in compliance with subsections (b), (c),
and (d) of this Code section and subsection (a) of Code Section 50-13-4. (f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration of any planning agency emergency rules,
where those emergency rules are intended to cover matters which had been dealt with by the agency's nonemergency rules but such nonemergency rules have been objected to
by both legislative committees under this Code section, the emergency rules concerning those matters may not again be adopted except for one 120 day period. No emergency rule or part thereof which is adopted by the planning agency shall be valid unless
adopted in compliance with this subsection. (g) Any proceeding to contest any rule on the ground of noncompliance with this Code
section must be commenced within two years from the effective date of the rule, (h) For purposes of this Code section, 'rules' shall mean rules and regulations, (i) The state health plan or the rules establishing considerations, standards, or similar
criteria for the grant or denial of a certificate of need or certificate of authority pursuant

WEDNESDAY, FEBRUARY 28, 1996

1511

to Code Section 31-6-42 or 31-6-42.1 shall not apply to any application for a certificate of need or certificate of authority as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before a hearing officer.
31-6-22.
The planning agency shall be directed by an executive director appointed by the Gover nor.
ARTICLE 3
31-6-40.
(a) From and after the date this Code section most recently becomes effective, only such new institutional health services or health care facilities as are found by the planning agency to be needed shall be offered in the statej except that such services or facilities for which a currently valid certificate of authority has been obtained may also be offered in this state without regard to whether they have been determined to be needed. Prior to that date, only such new institutional health services or health care facilities which had been found to be needed by the planning agency under any prior provisions of this chapter and the regulations issued thereunder shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to the date this Code section most recently becomes effective, are allowed to avoid the requirements of any prior provisions of this chapter, and applicable regulations, if those laws and regulations were applicable to them. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit an application to the plan ning agency and obtain a certificate of need or, where authorized under Code Section 31-6-42.1, a certificate of authority in the manner provided in this chapter unless such activity is excluded from the scope of this chapter.
(c)(l) Any person who offered new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2, within the 12 month period prior to the date this Code section mesfc recently becomes became effec tive in 1991 and for which services a certificate of need was not required under the provisions of this chapter as they existed prior to the such date this Code section meat recently becomes effective, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services after that date if that per son obtains an exemption therefor as provided in this subsection. (1.1) Any person who, on the date in 1991 this Code section flaes* recently becomes became effective:
(A) Has in place a valid written contract of purchase, construction, or assembly for purposes of offering new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (B) Has prior to said date paid in cash or made an irrevocable and secured commit ment or obligation of a minimum of 30 percent of the price called for under said contract; (C) Has taken delivery and has in operation such new institutional health services on or before January 1, 1992; and (D) Has notified the agency no later than July 1, 1991, of that person's intent to apply for an exemption under this paragraph shall not be required to obtain a certificate of need in order to offer those services if that person obtains an exemption therefor as provided in this subsection. (2) A person claiming an exemption under paragraph (1) or (1.1) of this subsection shall apply to the agency for that exemption no later than July 1, 1992. The applica tion shall be in such form and manner as established by the agency to provide suffi cient proof that the applicant qualifies for the exemption claimed. The agency shall notify the applicant within 90 days after the required application and proof have been

1512

JOURNAL OF THE HOUSE,

properly submitted that the application for exemption is denied; otherwise, the appli cation shall be deemed granted by operation of law upon the ninety-first day. Such a grant of the exemption shall be final and no appeal therefrom shall be authorized. A denial of such application for exemption shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person having a certificate of need or authorization to offer the services for which an application for exemption has been denied may intervene in the contested case if such person offers those services within the same service area as the service area in which were to be offered the services for which the application for exemption was denied. (3) A person who claims an exemption pursuant to this subsection may continue to offer the services for which the exemption may be claimed without applying for the exemption, but those services may not be offered after October 1, 1992, or any date prior thereto upon which a decision denying the exemption has become final unless:
(A) The person applied for the exemption as provided in paragraph (2) of this sub section but on October 1, 1992, there has either been no decision made denying the exemption or a decision denying the exemption has not become final, in either of which events the services for which the application for exemption was made may be offered until there is a final decision denying the exemption; (B) The person is granted the exemption; or (C) The person obtains a certificate of need for the services. For purposes of this subsection, a decision denying an application for an exemption shall become final when the time for appealing that decision expires without an appeal of such decision having been properly made. (4) An exemption obtained pursuant to this subsection may be transferred to another person if the agency is notified thereof within 45 days after the transfer occurs. (5) The agency shall establish procedures for obtaining exemptions under this subsec tion and shall publish a list not later than October 1, 1992, of all such applications granted or pending on that date. (d) Any person that had formally requested, prior to February 1, 1991, a determination from the agency of the applicability of the certificate of need requirements for a specific project that is subsequently approved by the agency or by appeal of the agency's denial shall be exempt under the provisions of this chapter from the requirement of obtaining a certificate of need for that project.
31-6-40.1. (a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the agency of such acquisition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the agency within 45 days following the acquisition and the acquiring person may be fined by the agency in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury. (b) The agency may limit the time periods during which it will accept applications for the following health care facilities:
(1) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the agency has determined there is an unmet need for such facilities. The agency shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notification of that determination. (c) The agency may require that any applicant for certificate ef need g*ee -fee provide ft specified flmotmt of crimes! HCftitri s&tvices to indi^&nr pflticnts ft& ft condition IOF tne f*a*t ef- ft certificate ef- need. By rule, the agency may require that any applicant for a certificate of need or certificate of authority who makes an application therefor on or after January 1^ 1997, agree to provide unreimbursed services to indigent patients as a condition for the grant of any such certificate. The applicant shall provide uncompensated indigent or charity care in an amount which meets or exceeds the agency's estab lished minimum at the time the agency issued the certificate. Any applicant for a

WEDNESDAY, FEBRUARY 28, 1996

1513

certificate of need who obtained such certificate before January l^ 1997, and agreed to provide unreimbursed services for indigent patients under the provisions of this subsec tion as they existed before that date shall continue to be obligated to provide those ser vices pursuant to such agreement. A grantee or successor in interest of a such certificate of need or an authorization to operate under this chapter which violates such an agree ment, whether made before or after July 1, 1991, shall be liable to the agency for a mon etary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided. Any penalty so recovered shall be paid into the state treasury. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45.
31-6-40.2. (a) As used in this Code section only, the term:
(1) 'Certificate ef- need application Application' means an application for a certificate of need or certificate of authority filed with the planning agency, any amendments thereto, and any other written material relating to the application and filed by the applicant with the planning agency. (1.1) 'Certificate' means a certificate of need or certificate of authority. (2) 'First three years of operation' means the first three consecutive 12 month periods beginning on the first day of a new perinatal service's first full calendar month of operation. (3) 'First year of operation' means the first consecutive 12 month period beginning on the first day of a new perinatal service's first full calendar month of operation.
(4) 'New perinatal service' means a perinatal service whose first year of operation ends after April 6, 1992. (5) 'Perinatal service' means obstetric and neonatal services.
(6) 'Uncompensated indigent or charity care' means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the planning agency's Hospital Indigent Care Survey and related instructions.
(7) 'Year' means one of the three consecutive 12 month periods in a new perinatal service's first 36 months of operation.
(b)(l) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds the agency's established minimum at the time the agency issued the certificate ef need approval for such service for each of the service's first three years of operation; provided, however, that if the certificate efeed application under which a new perinatal service was approved included a com mitment that uncompensated indigent or charity care would be provided in an amount greater than the established minimum for any time period described in the certificate ef seed application that falls completely within such new perinatal service's first three years of operation, such new perinatal service shall provide indigent or charity care in an amount which meets or exceeds the amount committed in the certificate ef need application for each time period described in the certificate ef need application that falls completely within the service's first three years of operation.
(2) The planning agency shall revoke the certificate ef need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the planning agency deter mines that such new perinatal service has failed to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection and such fail ure is determined by the planning agency to be for reasons substantially within the perinatal service provider's control. The planning agency shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this subsection during which the new perinatal service fails to pro vide indigent or charity care in accordance with the requirements of paragraph (1) of

1514

JOURNAL OF THE HOUSE,

this subsection. Revocation shall be effective 30 days after the date of the determina tion by the planning agency that the requirements of paragraph (1) of this subsection have not been met.
^CJ^AJ x\ HGW pCtillAvSti SCPV1C6 SflSll flCfllCVC ITic 31QI1QflFCl HU1HDCF Of DlPuftS SpCClt 16Q
spppovctx By tin piAiHiin^ fluency ift ftt icflst one ycflr during its first cftrcc ycflpft o* operation. (2) The planning agency shall revoke the certificate ef- need and authority te- operate
0r ft HOW pCF1HQ \/Qi SCfVlCC n ftttGP HOtlCc tO tilC ?flntcC 0r tftc CCP/C11ICfttC Or fiCGQ Of
seh grantee's successors, and after opportunity for ft feir hearing pursuant te Chapter 43 ef Title 60; the 'Georgia Administrative Procedure Act,' the planning agency deter-
sucfi new pcpmfttfli service rifts iQ.IICCI to comply wiwi wic requirements of paragraph (4)- ef this subsection and- such failure is determined by the planning agency te be tot reasons substantially within the perinatal service provider's control. !Fhe planning agency shaH provide the rcquiaitc notice, conduct the fe hcarJBg7 if requested, and render its determination withift 90 days after the end- ef- the new perinatal service's first three years ef- operation. Revocation shall be effective 30 days
tntrfCfCrrT tIVdi
this paragraph er paragraph ffi ef this subsection have et been eaetr ^d)(c) Nothing contained in this Code section shall limit the planning agency's authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section.
31-6-40.3. As a condition for the grant of a certificate of authority for basic perinatal services, an applicant for such certificate which will provide those services in any county in which is located a hospital owned or operated by a hospital authority, which hospital provides neonatal intermediate care services (Level II) or neonatal intensive care services (Level III) or which applicant will provide those services in any county adjacent to that county, shall contractually agree to pay to such hospital an annual amount equal to 50 percent of any decrease in revenue for neonatal care which that hospital experiences each year following the grant of such certificate to the applicant. The planning agency shall com pute such decrease in revenue by audit or such other means deemed appropriate by such agency and annually provide to such grantee of the certificate the amount which the computation indicates must be paid by the grantee.
31-6-41.
(a) A certificate of need or certificate of authority shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, area, cost, and person are approved by the plan ning agency, unless such certificate ef need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the such certifi cate ef need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the planning agency. (b) A certificate of need or certificate of authority shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the planning agency at the time the such certificate ef eed is issued. Within the effective period after the grant of a such certificate ef need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the planning agency, by rule, to assure reasonable progress toward timely completion of a project. (c) By rule, the planning agency may provide for extension of the effective period of a certificate of need or certificate of authority when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant.
31-6-42.

WEDNESDAY, FEBRUARY 28, 1996

1515

(a) The written findings of fact and decision, with respect to the planning agency's grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the planning agency interpretive thereof. The planning agency shall issue a certificate of need to each appli cant whose application is consistent with the following considerations and such rules deemed applicable to a project, except as specified in subsection (d) of Code Section 31-6-43:
(1) The proposed new institutional health services are reasonably consistent with the relevant general goals and objectives of the state health plan; (2) The population residing in the area served, or to be served, by the new institu tional health service has a need for such services; (3) Existing alternatives for providing services in the service area the same as the new institutional health service proposed are neither currently available, implemented, sim ilarly utilized, nor capable of providing a less costly alternative, or no certificate of need to provide such alternative services has been issued by the planning agency and is currently valid; (4) The project can be adequately financed and is, in the immediate and long term, financially feasible; (5) The effects of new institutional health service on payers for health services, including governmental payors, are not unreasonable; (6) The costs and methods of a proposed construction project, including the costs and methods of energy provision and conservation, are reasonable and adequate for quality health care; (7) The new institutional health service proposed is reasonably financially and physi cally accessible to the residents of the proposed service area; (8) The proposed new institutional health service has a positive relationship to the existing health care delivery system in the service area; (9) The proposed new institutional health service encourages more efficient utilization of the health care facility proposing such service; (10) The proposed new institutional health service provides, or would provide, a sub stantial portion of its services to individuals not residing in its defined service area or the adjacent service area; (11) The proposed new institutional health service conducts biomedical or behavioral research projects or new service development which is designed to meet a national, regional, or state-wide need; (12) The proposed new institutional health service meets the clinical needs of health professional training programs which request assistance; (13) The proposed new institutional health service fosters improvements or innova tions in the financing or delivery of health services, promotes health care quality assurance or cost effectiveness, or fosters competition that is shown to result in lower patient costs without a loss of the quality of care; and
(14) The proposed new institutional health service fosters the special needs and cir cumstances of health maintenance organizations.
(b) In the case of applications for the development or offering of a new institutional health service or health care facility for osteopathic medicine, the need for such service or facility shall be determined on the basis of the need and availability in the commu nity for osteopathic services and facilities in addition to the considerations in subsection (a) of this Code section. Nothing in this chapter shall, however, be construed as other wise recognizing any distinction between allopathic and osteopathic medicine,
(c) If the denial of an application for a certificate of need for a new institutional health service proposed to be offered or developed by a:
(1) Minority administered hospital facility serving a socially and economically disadvantaged minority population in an urban setting; or
(2) Minority administered hospital facility utilized for the training of minority medi cal practitioners
would adversely impact upon the facility and population served by said facility, the spe cial needs of such hospital facility and the population served by said facility for the new

1516

JOURNAL OF THE HOUSE,

institutional health service shall be given extraordinary consideration by the planning agency in making its determination of need as required by this Code section. The plan ning agency shall have the authority to vary or modify strict adherence to the provisions of this chapter and the rules enacted pursuant hereto in considering the special needs of such facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term 'minority administered hospital facility' means a hospital controlled or operated by a governing body or administrative staff composed predominantly of members of a minority race. (d) For the purposes of the considerations contained in this Code section and in the planning agency's applicable rules, relevant data which were unavailable or omitted when the state health plan or rules were prepared or revised may be considered in the evaluation of a project. (e) The planning agency shall specify in its written findings of fact and decision which of the considerations contained in this Code section and the planning agency's applica ble rules are applicable to an application and its reasoning as to and evidentiary support for its evaluation of each such applicable consideration and rule.
31-6-42.1. (a) A certificate of authority may be obtained for a new institutional health service which meets the additional requirements of subsection (b) of this Code section only if the service to be developed or offered:
(l)(A)(i) Involves an expenditure by or on behalf of an existing hospital for the purpose of developing or offering only one or more new or existing basic health services by an existing hospital; or (ii) Involves a new service which is only a basic health service; and (B) The service is not a new institutional service as defined in subparagraph (A), (C), or (E) of paragraph (14) of Code Section 31-6-2; or (2) Is an adult open heart surgery service to be offered in a hospital within a hospital planning area which generated, for at least two consecutive years after 1991, at least double the minimum level of adult open heart procedures required by the planning agency and that hospital is located in a county in which only one other hospital is authorized to provide adult open heart surgery. (b) A certificate of authority may be obtained for a new institutional health service or health care facility which is described in paragraph (1) or (2) of subsection (a) of this Code section if the planning agency determines, based upon the application for a certifi cate for such service or facility that: (1) It is a service or facility described in paragraph (1) or (2) of subsection (a) of this Code section; (2) The applicant commits to the provision of uncompensated indigent or charity care in an amount which meets or exceeds the agency's established minimum at the time the applicant files the application; (3) Where a hospital makes applications to obtain a certificate of authority to develop or offer obstetrical, gynecological, neonatal newborn care, or any combination of such services and that hospital is located in a county having a hospital which has a certifi cate of need to offer such services and which has a family practice residency program which includes some or all of those services, the certificate of authority may only be granted to the applicant where the applicant agrees to permit those residents in the family practice residency program to deliver such services in the applicant's hospital as part of such program; and (4) The applicant agrees to participate in the medicare and Medicaid programs and provides a commitment to establish and maintain community outreach programs.
(c) The planning agency shall issue a certificate of authority to each applicant whose application meets the requirements of subsections (a) and (b) of this Code section and the agency rules interpretive of those requirements. The agency shall make written find ings of fact and decision with respect to the agency's grant or denial of a certificate of authority. The agency shall have the authority to deny a certificate of authority when the past history of an applicant shows that the applicant has failed to adhere to the

WEDNESDAY, FEBRUARY 28, 1996

1517

terms of a certificate of authority or certificate of need previously issued to the appli cant, including, but not limited to, the applicant's failure or refusal to participate in the medicare and Medicaid programs, or its failure or refusal to provide indigent care as previously committed. (d) Where a certificate of need or other authority to develop or offer a new institutional health care service or health care facility is obtained prior to January 1 1997, and such certificate authorizes such services or facilities as will only require a certificate of authority on or after that date, such certificate of need shall be sufficient to continue to provide those services and facilities for which that certificate was granted without having to obtain a certificate of authority therefor.
31-6-43.
(a) Each application for a certificate of need or certificate of authority shall be reviewed by the planning agency and within ten working days after the date of its receipt a deter mination shall be made as to whether the application complies with the rules governing the preparation and submission of applications for the certificate applied for. If the application complies with the rules governing the preparation and submission of applica tions for the certificate applied for, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of gen eral circulation in the county in which the project shall be developed that the applica tion has been deemed complete. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules gov erning the preparation and submission of applications for the certificate applied for, the planning agency shall notify the applicant in writing and provide a list of all deficien cies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of gen eral circulation in the county in which the project shall be developed that the applica tion has been so declared. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal govern ments, if any, in whose boundaries the proposed project will be located that the applica tion is complete for review or when in the determination of the planning agency a significant amendment is filed. (b) An applicant may amend its application at any time no later than ten days prior to the end of the review period, and the planning agency may request an applicant to make amendments. The planning agency decision shall be made on an application as amended, if at all, by the applicant. (c) Except as provided in subsection (d) of this Code section, there shall be a time limit of 90 days for review of a project requiring a certificate of need and 45 days for review of a project requiring a certificate of authority, beginning on the day the planning agency declares the application complete for review. The planning agency may adopt rules for determining when it is not practicable to complete a review in 96 days within such time limits and may extend the review period upon written notice to the applicant but only for an extended period of not longer than an additional 30 days. (d) The planning agency may order the joinder of an application for a certificate of need which is complete for review with one or more subsequently filed applications for certifi cates of need declared complete for review when:
(1) The first and subsequent applications involve similar projects in the same service area or overlapping medical service areas; and (2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review. Following joinder of the first application with subsequent applications, none of the sub sequent applications so joined may be considered as a first application for the purposes of future joinder. The planning agency shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the

1518

JOURNAL OF THE HOUSE,

fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for planning agency action for all of the applicants shall run from the latest date that any one of the joined applica tions was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the planning agency may award no cer tificate of need or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Section 31-6-42, the planning agency's applicable rules, and the award of which will best satisfy the pur poses of this chapter.
(e) The planning agency shall review the application and all written information submit ted by the applicant in support of the application for a certificate of need or certificate of authority to determine the extent to which the proposed project is consistent with the applicable considerations stated in Code Section 31-6-42 or the criteria in Code Sec tion 31-6-42.1, respectively, and in the planning agency's applicable rules. During the course of the review, the planning agency staff may request additional information from the applicant as deemed appropriate. Pursuant to rules adopted by the planning agency, a public hearing on applications for a certificate of need covered by those regulations may be held prior to the date of the agency's decision thereon. Such rules shall provide that when good cause has been shown, a public hearing shall be held by the planning agency upon an application for a certificate of need. Any interested person may submit information to the planning agency concerning an application, and an applicant shall be entitled to notice of and to respond to any such submission.
(f) In the event that the planning agency's initial review of an application indicates that an application for a certificate of need or certificate of authority is not consistent with the applicable considerations contained in Code Section 31-6-42 or the criteria in Code Section 31-6-42.1, respectively, and in the planning agency's applicable rules, on or before the sixtieth day after an application for a certificate of need, or the last applica tion joined pursuant to subsection (d) of this Code section, is declared complete for review, or the thirtieth day after an application for a certificate of authority is declared complete for review, the planning agency shall provide the applicant an opportunity to meet with the planning agency to discuss the application and an opportunity to submit additional information. Such additional information shall be submitted prior to the seventy-fifth day after the application for a certificate of need, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review or prior to the thirty-fifth day after the application for a certificate of authority is declared complete for review.
(g) The planning agency shall, no later than 90 days after an application for a certificate of need is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, or in the event the application is for a certificate of authority, no later than 45 days after such application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need or certificate of authority for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the application for a certificate of need, or the last application joined pursuant to subsection (d) of this Code section, or within 75 days after the application for a certificate of authority was declared complete for review. Such notice shall contain the planning agency's written findings of fact and decision as to each applicable consideration criteria, or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a such certificate ef- need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall
be effective on the day of the decision unless the decision is appealed to the review
board in accordance with this chapter.

WEDNESDAY, FEBRUARY 28, 1996

1519

(h) Should the planning agency fail to provide written notification of the decision within the time limitations set forth in this Code section, an application for a certificate of need shall be deemed to have been approved as of the ninety-first day, or the one hun dred twenty-first day if the review period was extended pursuant to subsection (c) of this Code section, and an application for a certificate of authority shall be deemed to have been approved as of the forty-sixth day, or the seventy-sixth day if the review period was extended pursuant to subsection (c) of this Code section, following notice from the planning agency that an application, or the last of any applications joined pur suant to subsection (d) of this Code section, is declared 'complete for review.1
31-6-44.
(a) There is created the Health Planning Review Board, which shall be an agency sepa rate and apart from the planning agency. That review board which existed on June 30, 1994, is continued in existence after that date but on and after July 1, 1994, shall be constituted as provided in this subsection. Those members of the Health Planning Review Board serving as such on January 1, 1994, or any person selected to fill a vacancy in such membership shall continue to serve as such members until July 1, 1994, at which time the terms of office of such members shall expire. On and after July 1, 1994, the review board shall be composed of 11 members appointed by the Governor, with one from each congressional district. The Governor shall appoint persons to the review board who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. The Governor shall also name from among such members a chairperson and a vice chairperson of the review board, both of whom shall be attorneys licensed to prac tice law in this state. The vice chairperson shall have the same authority as the chairper son; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson becomes incapaci tated, as determined by the Governor. Vacancies on the board caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor to the board.
(b) The purpose of the review board shall be to review decisions made by hearing offi cers as provided in subsection (h) of this Code section. At least a quorum of the review board shall meet at least once every month to review hearing officer decisions unless there are not any decisions for it to review. For purposes of this subsection, a quorum shall consist of five members of the review board, including either the chairperson or the vice chairperson. The review board shall promulgate reasonable rules for its opera tion and rules of procedure for the conduct of review board meetings and initial admin istrative appeal hearings held by the appointed hearing officers. Subject to the limitations stated in this subsection and in subsection (c) of this Code section, the review board shall formulate and approve a list of at least five and not more than ten attorneys who shall serve as hearing officers for appeals which are assigned to them by the chairperson of the review board. Each such attorney approved to be included on the list of hearing officers shall be an active member of the State Bar of Georgia in good standing, and each such attorney must have maintained such active status for the five years immediately preceding such person's respective approval. The members of the review board shall receive no salary but shall be reimbursed for their expenses in attend ing meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and the chairperson and vice chairperson shall also be compensated for their services rendered to the review board outside of attendance at a review board meeting, the amount of which compensa tion shall be determined according to regulations of the Department of Administrative Services. Hearing officers to whom a case has been assigned shall receive compensation determined to be appropriate and reasonable by the review board. Such compensation to the members of the review board and to hearing officers shall be made by the Depart ment of Administrative Services.

1520

JOURNAL OF THE HOUSE,

(c) Any applicant for a project which requires a certificate of need or certificate of authority, or any competing applicant for a certificate of need, or any competing health care facility that has notified the planning agency prior to its decision that such facility is opposed to the certificate of need application before the planning agency, or any county or municipal government in whose boundaries the proposed project will be located, who is aggrieved by a certificate of need decision of the planning agency shall have the right to an initial administrative appeal hearing before a hearing officer or to intervene in such hearing. Such request for hearing or intervention shall be made within 30 days of the date of the decision made pursuant to Code Section 31-6-43. In the event that an appeal is requested, the chairperson of the review board shall appoint a hearing officer for each such hearing within 50 days after the date of the decision made pursuant to Code Section 31-6-43. Within 14 days after the appointment of the hearing officer, such hearing officer shall set the date or dates for the hearing and shall provide the par ties with written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing appli cants, all applicants consent to an extension of this time period to a specified date. Unless the applicant consents or, in the case of competing applicants, all applicants con sent to an extension of said 120 day period, any hearing officer who fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance of the hearing officer's decision and shall make such rulings as may be required for the conduct of the hearing.
(d) In fulfilling the functions and duties of this chapter, the hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writings or information used by the planning agency in making its decision shall be pub lic records and available to the parties, and the hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing.
(e) The issue for the decision by the hearing officer shall be whether, and the hearing officer shall order the issuance of a certificate of need or certificate of authority if, in the hearing officer's judgment the application for a certificate of need is consistent with the considerations as set forth in Code Section 31-6-42 or the application for a certifi cate of authority meets the criteria set forth in Code Section 31-6-42.1 and the planning agency's rules, as the hearing officer deems such considerationsz criteria, and rules appli cable to the review of the project. The hearing officer shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the appli cation. The hearing officer shall also consider whether the appeal lacks substantial justi fication and whether such appeal was undertaken solely for the purpose of delay or harassment. Appellants or applicants shall proceed first with their cases before the hear ing officer in the order determined by the hearing officer, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31-6-43, the hearing officer shall have the same powers specified for the planning agency in subsection (d) of Code Sec tion 31-6-43 to order the issuance of no certificate of need or one or more certificates of need.
(f) All evidence shall be presented at the initial administrative appeal hearing conducted by the appointed hearing officer. A party or certificate of need intervenor may present any relevant evidence on all issues raised by the hearing officer or any party to the hear ing or revealed during discovery, except that, unless in response to an issue raised by as a certificate of need opponent or the hearing officer or revealed during discovery, a
party or certificate of need intervenor may not present a new need study or analysis that
is substantially different from any such study or analysis submitted to the planning

WEDNESDAY, FEBRUARY 28, 1996

1521

agency prior to its decision and that could reasonably have been available for submission to the planning agency prior to its decision. Except for such limitation on new studies or analyses, the hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerationsj criteria, or rules.
(g) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in Code Section 31-6-42 or as to the criteria set forth in Code Section 31-6-42.1 and the planning agency's rules, including a detailed statement of the reasons for the decision of the hearing officer. If any party has alleged that an appeal lacks substantial justifica tion and was undertaken solely for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation. Immediately upon rendering a decision, the hearing officer shall file such decision with the review board, serve such decision upon all parties, and transmit the administrative record to the chairperson of the review board. Any party, including the planning agency, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to appeal that decision to the review board shall file such party's specific objections thereto with the review board within 30 days of such party's receipt of the hearing officer's decision.
(h) The decision of the hearing officer will become the final decision of the planning agency upon the sixty-first day following the receipt of the decision by the review board unless an objection thereto is filed within the time limit established in subsection (g) of this Code section and within 60 days of the receipt of the hearing officer's decision by the review board:
(1) At least a quorum of the review board meets to review such decision and, by a majority vote of those members present at the meeting, decides whether to affirm, reverse, or modify the hearing officer's decision or to remand the case to the hearing officer for further consideration; or
(2) At the request of any party which participated in the initial administrative hear ing before the hearing officer, or upon its own initiative, the chairperson or the chairperson's designee extends the time period for review of such decision. However, the review board may not extend the time period for review of such decision for longer than 45 days.
The chairperson or vice chairperson shall set the date for the review board meeting and provide the parties with written notice mailed at least 14 days prior to such meeting. Within 30 days after meeting to review such hearing officer's decision, either the chair person or the vice chairperson of the review board shall, on behalf of the review board members present at such meeting, issue a written order which memorializes the decision of the review board reached by such majority vote. In the event the review board reverses or modifies the hearing officer's decision, the review board shall issue a written decision explaining why such changes were made. However, the review board shall not reverse findings of fact made by the hearing officer unless the review board specifically finds that the hearing officer's findings of fact are not supported by substantial evi dence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclu sions, or decisions, which such evidentiary standard shall be in excess of the 'any evi dence' standard contained in other statutory provisions. If, before the date set for the review board's meeting, application is made to the chairperson for leave to present addi tional evidence and it is shown to the satisfaction of the chairperson that the additional evidence is material and there were good reasons for failure to present it in the proceed ings before the hearing officer, the chairperson may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon condi tions determined by the chairperson. The hearing officer may modify the initial decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the review board. Unless leave is given by the chairperson in accordance with the provisions of this subsection, the review board may not consider new evidence under any circumstances. In all circumstances, the review board's decision

1522

JOURNAL OF THE HOUSE,

in certificate of need applications shall be based upon considerations as set forth in Code Section 31-6-42 and in certificate of authority applications shall be based upon cri teria set forth in Code Section 31-6-42.1 and the planning agency's rules, (i) After the issuance of a decision by the planning agency pursuant to Code Section 31-6-43, no party to an appeal hearing, nor any person on behalf of such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or any member of the review board in regard to a project under appeal, (j) Unless the hearing officer's decision becomes the planning agency's decision by oper ation of law as provided in subsection (h) of this Code section, the final decision of the review board shall become the planning agency's decision by operation of law. Such final decision shall be the final agency decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code sec tion shall be the administrative remedy only for decisions made by the planning agency pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need or certificates of authority. (k) In the event that the review board or its chairperson or vice chairperson requires legal counsel, the chairperson or vice chairperson shall make a request for such advice to the Attorney General. (1) If, based upon the findings of the hearing officer, the review board determines that the appeal filed by any party of a decision of the planning agency lacks substantial justi fication and was undertaken solely for the purpose of delay or harassment, the review board may enter an award in its written order against such party and in favor of the successful party or parties, including the planning agency, of all or any part of their respective reasonable and necessary attorney's fees and expenses of litigation, as the review board deems just. Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is made. (m) Any party to the initial administrative appeal hearing conducted by the appointed hearing officer, excluding the planning agency, may seek judicial review of the final deci sion in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, the hear ing officer, or the review board or the administrative findings, inferences, and conclu sions contained in the final decision are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to sup port such findings, inferences, conclusions, or decisions, which such evidentiary stan dard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion.
31-6-45.
(a) The planning agency may revoke or suspend a certificate of need or certificate of authority after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the following reasons:
(1) Failure to comply with the provisions of Code Section 31-6-41; or (2) The intentional provision of false information to the planning agency by an appli cant in that applicant's application; or 7 (3) Failure to comply with any obligation required by the certificate or specified as a condition for the grant of a certificate.

WEDNESDAY, FEBRUARY 28, 1996

1523

The planning agency may not, however, suspend or revoke a certificate of need if the applicant changes the defined location of the project within the same county less than three miles from the location specified in the certificate of need for financial reasons or other reasons beyond its control, including but not limited to, failure to obtain any required approval from zoning or other governmental agencies or entities, provided such change in location is otherwise consistent with the considerations and rules applied in the evaluation of the project. (a.l) A hospital which owns or operates a licensed home health agency and which offers home health services to any patient in follow-up to a hospitalization, from the time of discharge until three months after discharge, shall provide to the patient a listing of other licensed home health agencies, ug to a maximum of three, which are authorized to serve the patient's county of residence. Failure to comply with this subsection shall be grounds to suspend or revoke the certificate of need for the hospital to provide such home health services. (b) Any health care facility offering a new institutional health service without having obtained a the required certificate of need or certificate of authority and which has not been previously licensed as a health care facility shall be denied a license to operate. (c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate of need or certificate of authority as required by this chapter, or the certificate of need or certificate of authority for such service is sus pended or revoked according to the provisions of this Code section, or the holder of such certificate fails to comply with the provisions of Code Section 31-6-41 or fails to comply with any obligation assumed in the application and specified as a condition for the grant of a certificate, a facility or applicant may be fined an amount not to exceed $5,000.00 per day for every day that the violation of this chapter or the conditions of the certifi cate has existed and knowingly and willingly continues; provided, however, that the expenditure or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need or certificate of authority appli cation is denied shall not be a violation of this chapter and shall not be subject to such a fine. The executive director of the planning agency shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied. (d) In addition, for purposes of this Code section, the State of Georgia, acting by and through the planning agency, or any other interested person, shall have standing in any court of competent jurisdiction to maintain an action for injunctive relief to enforce the provisions of this chapter.
31-6-45.1.
(a) A health care facility which has a certificate of needj certificate of authority, or is otherwise authorized to operate pursuant to this chapter shall have such certificate ef need or authority to operate automatically revoked by operation of law without any action by the planning agency when that facility's permit to operate pursuant to Code Section 31-7-4 is finally revoked by order of the department. For purposes of this sub section, the date of such final revocation shall be as follows:
(1) When there is no appeal of the order pursuant to Chapter 5 of Title 31, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or (2) When there is an appeal of the order pursuant to Chapter 5 of Title 31, the date upon which expires the time to appeal the last administrative or judicial order affirm ing or approving the revocation or revocation order without such appeal being filed. The planning agency may become a party to any judicial proceeding to review a decision by the department to revoke such a permit. (b) The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code sec tion may continue to be offered in the service area in which that facility was located under such conditions as specified by the planning agency notwithstanding that some or all of such services could not otherwise be offered as new institutional health services.

1524

JOURNAL OF THE HOUSE,

31-6-45.2. (a) Any proposed or existing health care facility which obtains a certificate of need on or after April 6, 1992, or obtains a certificate of authority on or after the date this sub section becomes effective in 1997 based in part upon assurances that it will participate as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and which terminates its participation as a provider of medical assistance, shall be subject to a monetary penalty in the amount of the difference between the Medicaid covered services which the facility agreed to provide in its certificate of need or certificate of authority application and the amount actually provided; provided, how ever, that this Code section shall not apply if:
(1) The proposed or existing health care facility's certificate of need application was approved by the planning agency prior to April 6, 1992, and the planning agency's approval of such application was under appeal on or after April 6, 1992, and the plan ning agency's approval of such application is ultimately affirmed; (2) Such facility's participation as a provider of medical assistance is terminated by the state or federal government; or (3) Such facility establishes good cause for terminating its participation as a provider
of medical assistance. For purposes of this Code section, 'good cause' shall mean: (A) Changes in the adequacy of medical assistance payments, as defined in para graph (5) of Code Section 49-4-141, provided that at least 10 percent of the facility's utilization during the preceding 12 month period was attributable to services to
recipients of medical assistance, as defined in paragraph (7) of Code Section 49-4-141. Medical assistance payments to a facility shall be presumed adequate unless the revenues received by the facility from all sources are less than the total costs set forth in the cost report for the preceding full 12 month period filed by
such facility pursuant to the state plan as defined in paragraph (8) of Code Section 49-4-141 which are allowed under the state plan for purposes of determining such facility's reimbursement rate for medical assistance and the aggregate amount of
such facility's medical assistance payments (including any amounts received by the facility from recipients of medical assistance) during the preceding full 12 month cost reporting period is less than 85 percent of such facility's Medicaid costs for such period. Medicaid costs shall be determined by multiplying the allowable costs
set forth in the cost report, less any audit adjustments, by the percentage of the facility's utilization during the cost reporting period which was attributable to recip
ients of medical assistance; (B) Changes in the overall ability of the facility to cover its costs if such changes are of such a degree as to seriously threaten the continued viability of the facility; or
(C) Changes in the state plan, statutes, or rules and regulations governing providers of medical assistance which impose substantial new obligations upon the facility
which are not reimbursed by Medicaid and which adversely affect the financial viability of the facility in a substantial manner. (b) A facility seeking to terminate its enrollment as a provider of medical assistance
shall submit a written request to the Department of Medical Assistance documenting good cause for termination. The Department of Medical Assistance, after consultation with the planning agency, shall grant or deny the facility's request within 30 days. If
the Department of Medical Assistance denies the facility's request, the facility shall be entitled to a hearing conducted in the same manner as an evidentiary hearing conducted by the Department of Medical Assistance pursuant to the provisions of Code Section
49-4-153 within 30 days of the Department of Medical Assistance's decision. (c) The imposition of the monetary penalty provided in this Code section shall com mence upon notification to the executive director of the planning agency by the commis
sioner of medical assistance that said facility has terminated its participation as a provider of medical assistance. The monetary penalty shall be levied and collected by the planning agency on an annual basis for every year in which the facility fails to par ticipate as a provider of medical assistance. Penalties authorized under this Code section
shall be subject to the same notices and hearings as provided for levy of fines under Code Section 31-6-45.

WEDNESDAY, FEBRUARY 28, 1996

1525

31-6-46.
The planning agency shall prepare and submit an annual report to the Health and Human Services Committee of the Senate and the Health and Ecology Committee of the House of Representatives about its operations and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regu lar session. Either committee may request any additional reports or information, includ ing decisions, from the planning agency at any time, including a period in which the General Assembly is not in regular session.
31-6-47.
(a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or by any of its agen cies; (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (5) Christian Science sanatoriums2 also known as Christian Science nursing facilities, operated e* listed and certified by the First Church ef- Christ Scientist, Boston, Masaachuactta; The Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc. (6) Site acquisitions for health care facilities or preparation or development costs for such sites prior to the decision to file a certificate of need or certificate of authority application; (7) Expenditures related to adequate preparation and development of an application for a certificate of need or certificate of authority; (8) The commitment of funds conditioned upon the obtaining of a certificate of need or certificate of authority; (9) Expenditures for the acquisition of existing health care facilities by stock or asset
purchase, merger, consolidation, or other lawful means unless the facilities are owned
or operated by or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as defined in Article 4 of Chapter 7 of this title;
(9.1) Expenditures for the restructuring of or for the acquisition by stock or asset pur chase, merger, consolidation, or other lawful means of an existing health care facility
which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acqui sition is made by any entity described in subparagraph (A), (B), or (C) of paragraph
(9) of this subsection; (10) Expenditures for the minor repair of a health care facility, or parts thereof or
services provided or equipment used therein, or replacement of equipment, including,
but not limited to, CT scanners; (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, or to comply with
accreditation standards of the Joint Commission on Accreditation of Hospitals; (12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published
by the Bureau of the Census of the Department of Commerce, of the United States
government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such facility of major medical
equipment previously approved under or exempted from certificate of need or certifi cate of authority review, except where such transfer results in the institution of a new

1526

JOURNAL OF THE HOUSE,

clinical health service for which a certificate of need or certificate of authority is required in the facility acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in circumstances defined by the planning agency pursuant to federal law; (15) Increases in the bed capacity of a hospital up to ten 20 beds or M 20 percent of capacity, whichever is less, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 85 percent for the previous 12 month period; and (16) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and:
(A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the Department of Medical Assistance; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and
(B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health services; or (IV) Any increase in capacity of existing clinical health services; (ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and (iii) Is located within a three-mile radius of and within the same county as the hospital's existing facility; and 7
(17) Magnetic resonance imaging or positron emission tomography services and any expenditures directly related to the purchase or installation of the equipment neces sary for the provision of such services. (b) The planning agency shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need or certificate of authority may be modified and expedited as a result of emergency situations. (c) By rule, the planning agency shall establish a procedure for expediting or waiving reviews of certain projects the nonreview of which it deems compatible with the pur poses of this chapter, in addition to expenditures exempted from review by this Code section.
31-6-48.
The State Health Planning and Development Agency, the State-wide Health Coordinat ing Council, and the State Health Planning Review Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Plan ning Review Board, as established in this chapter, except that on and after July 1, 1991, the Health Strategies Council shall be the successor to the Health Policy Council. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor agency, council, or board established in this chapter shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished.

WEDNESDAY, FEBRUARY 28, 1996

1527

31-6-49.
In order to assure an orderly transition between the state entities responsible for health planning and the operation of the certificate of need program prior to July 1, 1983, and those entities so responsible after July 1, 1983, the following provisions shall apply:
(1) All matters pending before the State Health Planning and Development Agency, the State Health Planning Review Board, and the State-wide Health Coordinating Council prior to July 1, 1983, shall automatically be transferred to the respective suc cessor agencies created by this chapter; (2) No later than July 5, 1983, the health planning agency will propose rules in accordance with the procedures set forth in Code Section 31-6-21; (3) Prior to and until the effective date of any portion of the rules provided for in paragraph (2) of this Code section, the rules of the State Health Planning and Devel opment Agency in effect on June 30, 1983, will remain in effect as the rules for the Health Planning Agency and for the Health Planning Review Board, except for proce dural rules promulgated by the review board. The rules in effect on June 30, 1983, if not inconsistent with this chapter, shall govern the procedures of the planning agency created by this chapter, and certificate of need decisions made by the Health Planning Agency and the Health Planning Review Board before the effective date of any portion of the new rules referenced in paragraph (2) of this Code section; and (4) If all or any part of the rules of the planning agency proposed in accordance with paragraph (2) of this Code section are objected to as provided in Code Section 31-6-21, and the planning agency determines that it cannot render a decision on an application or class of applications without such rule or rules or parts thereof, it may impose a temporary moratorium on the receipt of or action on any certificate of need or certificate of authority applications which are affected by the rule or part to which objection has been made. This moratorium shall include applications pending on the date of such objections and shall serve as an automatic extension of the time limits for decision on such applications set out in Code Section 31-6-43. Such moratorium shall last no longer than the time at which the rule or rules or parts thereof become effective as provided in Code Section 31-6-21, or April 1, 1984, whichever is earlier.
31-6-50.
From and after July 1, 1983, the review and appeal considerations and procedures set forth in Code Sections 31-6-42 through 31-6-44, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consideration by the planning agency or on appeal before the review board as of July 1, 1983.
ARTICLE 4
31-6-70.
(a) There shall be required from each hospital in this state an annual report of certain health care information to be submitted to the planning agency. The report shall be due on the last day of January March and shall cover the 42 month pened preceding each seh calendar hospital's latest completed fiscal year. (b) The report required under subsection (a) of this Code section shall contain the fol lowing information:
(1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Contractual adjustments; (5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and (8) For cases involving indigent persons:

1528

JOURNAL OF THE HOUSE,

(A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The number of patients categorized by county of residence; and (E) The indigent care costs incurred by the hospital by county of residence. (c) As used in subsection (b) of this Code section, 'indigent persons' means persons hav ing as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (d) The planning agency shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section. (e) In the event that the planning agency does not receive an annual report from a hos pital within 30 days following the date such report was due or receives a timely but incomplete report, the planning agency shall notify the hospital regarding the deficien cies. (f) No application for a certificate of need or certificate of authority under Article 3 of this chapter shall be considered as complete if the applicant has not submitted the annual report required by subsection (a) of this Code section."
SECTION 2. This Act shall become effective January 1, 1997.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Walker of the 141st was excused from voting on HB 1641.

The following amendment was read:

Representatives Walker of the 87th and Mills of the 21st move to amend the Floor substi tute to HB 1641 as follows:
On page 52, after Line 10:
Insert:
(9) The total gross revenues received from performing induced abortions on viable pregnancies by each health care provider and physician.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien N Anderson NAshe
N Bailey N Baker
Y Bannister N Barfoot N Bargeron
Y Barnard Y Barnes N Bates N Benefield N Birdsong N Bordeaux
Bostick YBreedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush

N Buck N Buckner YBunn
Y Burkhalter Y Byrd
Y Campbell N Canty N Carter
N Chambless N Channel! N Childers Y Coker Y Coleman, B N Coleman, T N Connell Y Crawford Y Crews NCulbreth Y Curamings N Davis, G

Y Davis, M Y Day Y DeLoach, B
DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart Epps
Y Evans Y Falls
Felton N Floyd N Godbee N Golden
Goodwin Greene Y Grindley N Hanner

Y Harbin Y Harris N Heard
Heckstall N Hegstrom
Y Hembree N Henson Y Holland
N Holmes N Howard
Hudson N Hugley Y Irvin N James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones

Y Joyce Y Kaye Y Kinnamon
Y Klein Y Ladd
Y Lakly N Lane
Lawrence
Y Lee Y Lewis Y Lifsey Y Lord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton
McKinney

WEDNESDAY, FEBRUARY 28, 1996

1529

Y Mills N Mobley, B
Y Mobley, J YMosley Y Mueller
O'Neal NOrrock NParham N Fairish Y Parsons N Pelote N Perry
Pinholster
NPolak N Ponder N Porter

Y Poston N Powell N Purcell, A
Purcell, B NRandall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal
Y Sanders Y Sauder
Scoggins N Shanahan

NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W
Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W NSmyre Y Snelling
Snow

N Stallings N Stancil, F
E Stancil, S N Stanley, L N Stanley, P Y Stephenson N Street N Taylor NTeague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense
Turnquest

Y Twiggs Walker, L
Y Walker, R.L Y Wall N Watson Y Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 78, nays 81. The amendment was lost.

The following amendment was read and adopted:

Representative Childers of the 13th moves to amend the Floor substitute to HB 1641 as follows:
On Page 29 at the end of paragraph 2:
"Any hospital which is eligible for a certificate of authority under this code section shall also be eligible for a certificate of authority to offer adult cardiac catheterization and angioplasty services."

The following amendment was read:

Representative Chambless of the 163rd moves to amend the Floor substitute to HB 1641 as follows:
On page 22 line 8 between "." and "Any" insert:
"The condition may be applicable to the specific service granted or to the entire facility making the application. Provided, however, where the condition applies to the entire facility it shall be limited to the geographic location of the institution making the appli cation and not to other facilities owned or operated by the applicant or its affiliates.";
And on page 22 line 13 between "." and "A" insert:
"Any certificate of need or certificate of authority issued with conditions for the provi sion of unreimbursed services to indigent patients as a condition for the grant of the certificate shall be subject to annual renewal. The application for renewal shall be granted upon a showing to the agency of compliance with the condition, but shall be denied upon failure to demonstrate compliance with such condition."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe
N Bailey Y Baker Y Bannister YBarfoot Y Bargeron N Barnard

Y Barnes Y Bates Y Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D N Brooks, T

Y Brown, J N Brush YBuck Y Buckner NBunn N Burkhalter YByrd Y Campbell N Canty

N Carter Y Chambless Y Channell N Childers N Coker Y Coleman, B Y Coleman, T N Connell
N Crawford

N Crews Y Culbreth
N Cwinnings N Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G NDix

1530

JOURNAL OF THE HOUSE,

Y Diion, H N Dixon, S
Y Dobbs YEhrhart
YEpps N Evans N Falls
Felton Y Floyd YGodbee Y Golden
Goodwin N Greene Y Grindley Y Banner N Harbin Y Harris Y Heard
Hecks tall Y Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard Y Hudson Y Hugley

N Irvin N James Y Jamieson
N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones N Joyce YKaye Y Kinnamon Y Klein NLadd NLakly YLane
Lawrence YLee N Lewis
Lifsey YLord Y Lucas N Maddox
YMann N Martin Y McBee Y McCall N McClinton

McKinney N Mills
Y Mobley, B N Mobley, J Y Mosley Y Mueller N O'Neal YOrrock YParham Y Parrish N Parsons Y Pelote N Perry
Pinholster YPolak Y Ponder N Porter YPoston Y Powell N Purcell, A
Purcell, B YKandall
N Randolph YKay Y Reaves Y Reichert N Roberts

Y Rogers Y Royal Y Sanders
N Sauder Scoggins
YShanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield N Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow Y Stallings N Stancil, F
E Stancil, S Stanley, L
Y Stanley, P

On the adoption of the amendment, the ayes were 96, nays 67. The amendment was adopted.

Y Stephenson N Streat Y Taylor
Teague Y Teper
Y Thomas Y Tillman Y Titus N Towery N Trense
Turnquest Twiggs Walker, L Y Walker, R.L N Wall Y Watson Y Watts N Westmoreland N Whitaker N White Y Wiles Y Williams, B N Williams, J N Williams, R
N Woods Y Yates
Murphy, Spkr

The following amendment was read and adopted:

Representative Chambless of the 163rd moves to amend the Floor substitute to HB 1641 as follows: On page 51 line 28 between the words "shall" and "contain" insert:
"be verified and shall".

The following amendment was read:
Representative Randall of the 127th moves to amend the Floor Substitute to HB 1641 as follows: Delete on page 2, lines 18-27. Delete on page 18, lines 24-27, with exception of the word "state" on line 24, and add a period after the "state." Delete on page 19, line 3 beginning with the word "or", and delete line 4 except for the words "in the." Delete on page 25, lines 1-18. Delete on page 28, lines 33-41. Delete on page 29, lines 1-42. Delete on page 30, lines 1-22.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
Y Anderson N Ashe

N Bailey Y Baker
Y Bannister

Y Barfoot N Bargeron
Barnard

Y Barnes Y Bates
N Benefield

N Birdsong Y Bordeaux
Bostick

WEDNESDAY, FEBRUARY 28, 1996

N Breedlove N Brooka, D N Brooks, T Y Brown, J
Brush NBuck N Buckner N Bunn N Burkhalter YByrd Y Campbell Y Canty N Carter
Chambless Y Channell
N ChUders N Coker
Coleman, B Y Coleman, T N Connell N Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M
NDay Y DeLoach, B
DeLoach, G NDii Y Diion, H
N Dixon, S N Dobbs

N Ehrhart YEpps N Evans N Falls
Felton N Floyd N Godbee Y Golden
Good win N Greene N Grindley
Hanner N Harbin Y Harris Y Heard Y Heckstall
Hegstrom N Hembree N Henson Y Holland N Holmes Y Howard N Hudson N Hugley NIrvin Y James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce

NKaye Y Kinnamon N Klein
NLadd N Lakly NLane
Lawrence
NLee N Lewis
Lifsey NLord
Y Lucas N Maddox YMann N Martin N McBee N McCall N McClinton
McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal Y Orrock N Parham N Parrish N Parsons
Y Pelote N Perry
Pinholster Y Polak

Y Ponder N Porter Y Poston N Powell N Purcell, A
Purcell, B Y Randall N Randolph
YHay N Reaves N Reichert
N Roberts Y Rogers N Royal
Y Sanders N Sauder
Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre N Snelling

On the adoption of the amendment, the ayes were 60, nays 100. The amendment was lost.

1531
N Snow Y Stallings Y Stancil, F E Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat N Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus N Towery N Trense
Turnquest Y Twiggs
Walker, L N Walker, R.L N Wall N Watson N Watts N Westmorland N Whitaker N White N Wiles Y Williams, B N Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

The following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend the Floor substitute to HB 1641 by striking lines 22-25 on page 29 of the Childers Floor substitute and inserting therein the following:
The applicant commits to the provision of uncompensated indigent or charity care of its gross revenue from all sources in the same percentage as the average of uncompensated indigent or charity care of public and not for profit hospitals within a 50 mile radius from the location of the applicant's service. The planning agency shall implement rules and regulations to audit compliance and insure adherence to this section.

The following amendment was read:

Representative Jamieson of the 22nd moves to amend the Floor substitute to HB 1641 by striking line 1 of page 1 through line 36 of page 51 and inserting in its place the following: "To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 6 of said title, relating to state health planning and development, and certificates of need; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing in its entirety Chapter 6 of said title, relating to state health planning and develop ment and certificates of need, and inserting in its place a new Chapter 6 to read as follows:

1532

JOURNAL OF THE HOUSE,

'CHAPTER 6
Reserved.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
NAshe N Bailey
Y Baker N Bannister N Barfoot Y Bargeron
N Barnard YBarnea N Bates
N Benefield N Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, J N Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell
Y Canty Y Carter N Chambless N Channell N Guilders Y Coker N Coleman, B N Coleman, T N Connell Y Crawford

N Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDil Y Diion, H N Dixon, S N Dobbs YEhrhart
NEpps N Evans Y Falls
Felton N Floyd N Godbee Y Golden
Goodwin Y Greene Y Grindley N Manner N Harbin Y Harris Y Heard
Heckstall Y Hegstrom
N Hembree N Henson N Holland N Holmes Y Howard N Hudson N Hugley

NIrvin N James Y Jamieson N Jenkins Y Johnson, G
Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane
Lawrence NLee Y Lewis
Lifsey YLord N Lucas Y Maddox YMann N Martin Y McBee NMcCall N McClinton
McKinney Y Mills
Mobley, B
N Mobley, J N Mosley Y Mueller N O'Neal N Orrock YParham

N Parrish N Parsons N Pelote N Perry
Pinholster NPolak N Ponder Y Porter YPoston N Powell N Purcell, A
Purcell, B YRandall
N Randolph YRay N Reaves N Reichert N Roberts Y Rogers N Royal N Sanders N Sauder
Scoggins N Shanahan YShaw N SherrUl N 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

On the adoption of the amendment, the ayes were 68, nays 95. The amendment was lost.

Y Smith, W N Smyre N Snelling NSnow N Stallings Y Stancil, F E Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat N Taylor YTeague Y Teper N Thomas N Tillman N Titus N Towery N Trense
Turnquest Y Twiggs
Walker, L N Walker, R.L Y Wall
N 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

Representative Evans of the 28th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

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:

WEDNESDAY, FEBRUARY 28, 1996

1533

Y Alien N Anderson Y Ashe N Bailey N Baker N Bannister NBarfoot Y Bargeron Y Barnard N Barnes N Bates Y Benefield YBirdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, J N Brush YBuck N Buckner Y Bunn Y Burkhalter NByrd N Campbell N Canty Y Carter N Chambless N Channel! Y Childers Y Coker N Coleman, B Y Coleman, T Y Connell 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 Y Dixon, S N Dobbs NEhrhart NEpps Y Evans Y Falls
Felton N Floyd
God bee N Golden
Goodwin Y Greene Y Grindley N Manner Y Harbin N Harris N Heard
Heckstall Y Hegstrom N Hembree N Henson N Holland Y Holmes Y Howard N Hudson Y Hugley

Ylrvin N James N Jamieson Y Jenkins N Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly YLane
Lawrence YLee Y Lewis
Lifsey NLord N Lucas N Maddox NMann Y Martin N McBee NMcCall
Y McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J
N Mosley Y Mueller Y O'Neal N Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Pinholster N Polak N Ponder Y Porter N Poston N Powell N Purcell, A
Purcell, B NRandall Y Randolph NRay N Reaves Y Reichert Y Roberts N Rogers Y Royal N 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

N Smith, W Y Smyre N Snelling NSnow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat Y Taylor
NTeague N Teper Y Thomas N Tillman N Titus Y Towery Y Trense Y Turnquest NTwiggs
Walker, L Y Walker, R.L Y Wall N Watson
N Watts Y Westmoreland N Whitaker Y White Y Wiles N 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 84, nays 83. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Scoggins of the 24th 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 Stephenson of the 25th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1641.

HB 1155.

By Representatives Kinnamon of the 4th, Childers of the 13th, Perry of the llth, Shanahan of the 10th and Mosley of the 171st:
A bill to amend Chapter 12 of Title 43 of the Official Code of Georgia Anno tated, relating to peddling, business operation, or professional practice by disabled veterans and blind persons, and Chapter 13 of Title 48 of the Offi cial Code of Georgia Annotated, relating to specific, business, and occupa tional taxes, so as to provide for an exemption from occupation taxes and regulatory fees of local governments for certain disabled veterans and blind persons.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
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

1534

JOURNAL OF THE HOUSE,

Y Breedlove Y Brooks, D Y Brooks, T 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 Y Connell Y Crawford Y Crews
Y Culbreth
Y Cumin in ga
Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Y Dixon, S YDobbs

YEhrhart YEpps Y Evans E Falls
Felton Y Floyd
Y Godbee Y Golden
Good win Y Greene Y Grindley
Y Banner Y Harbin Y Harris
Y Heard HeckstaU
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 YLakly YLane
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
Y Orrock Parham
Y Parrish Y Parsons Y Pelote Y Perry
Pinholster YPolak

Y Ponder Y Porter Y Poston Y Powell Y Purcell, A
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 Y Smith, P Y Smith, T Y Smith, V
Smith, W YSmyre
Snelling

Y Snow Y Stallings Y Stancil, F E Stancil, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Tumquest YTwiggs Walker, L Y Walker, R.L YWall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 1001. By Representatives Bates of the 179th, Ponder of the 160th and Royal of the 164th:
A resolution authorizing the conveyance of certain state owned real property located in Decatur 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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner

YBunn Y Burkhalter YByrd
Y Campbell Y Canty
Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell 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 E Falls
Felton
Y Floyd Y Godbee Y Golden
Good win Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
HeckstaU 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 YLakly YLane
Lawrence

YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock
Y Parham Y Parrish Y Parsons

WEDNESDAY, FEBRUARY 28, 1996

1535

Y Pelote Y Perry
Pinholster
YPolak Ponder
Y Porter YPoston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph
Ray Y Reaves

Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins YShanahan
YShaw YSherriU
YSMpp Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow Y Stallings
Stancil, F E Stancil, S Y Stanley, L

Y Stanley, P Stephenson
Y Street Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery YTrense Y Tumquest YTwiggs
Walker, L

Y Walker, R.L YWall Y Watson Y Watts
Y Westmoreland Whi taker
Y White Y Wiles
Y Williams, B Y WUliams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 159, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Smith of the 12th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 407. By Representative Twiggs of the 8th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the North Georgia Mountains Authority shall become members of such retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the North Georgia Mountains Authority shall become members of such retirement sys tem; to provide for prior service credit for such officers and employees employed prior to July 1, 1996; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retire ment System of Georgia, is amended by inserting at the end thereof the following:
"47-2-324.
(a) As used in this Code section, the term: (1) 'North Georgia Mountains Authority' or 'authority' means the North Georgia Mountains Authority established by Part 10 of Article 7 of Chapter 3 of Title 12. (2) 'Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (3) of Code Section 12-3-294. (3) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority.
(b) Effective July 1, 1996, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system.

1536

JOURNAL OF THE HOUSE,

(c)(l) This subsection shall apply only to an officer or employee of the authority hold ing office or employed on July 1, 1996. (2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees not later than December 31, 1996, or six months after the date of employment, which ever date is later, be eligible to receive creditable service under this retirement system for prior employment as an officer or employee of the authority, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees the employee contributions which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period. The authority shall be authorized to pay from any funds available to the authority the employer contributions which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this sub section will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) An officer or employee shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to July 1, 1996, to satisfy all or a portion of the cost to receive creditable service allowed pursu ant to paragraph (2) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer's or employee's annuity account established by the retirement system. The authority shall be authorized, but not required, to supplement such amount so transferred. The officer or employee shall receive such creditable ser vice as the combination of funds transferred or paid for or on behalf of the employee would warrant without creating any additional accrued liability of the retirement sys tem, up to the maximum amount of creditable service allowed by paragraph (2) of this subsection. (d) Any officer or employee of the authority who was already a member of the retire ment system on July 1, 1996, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1994, shall continue in the same membership status without any interruption in mem bership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an offi cer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or oth erwise available for the operation of the North Georgia Mountains Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

WEDNESDAY, FEBRUARY 28, 1996

1537

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Baker
Y Bannister Barfoot
Y Bargeron Y Barnard Y Barnes Y Bates
Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Guilders Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H Y Dixon, S
Y Dobbs YEhrhart YEpps
Evans Y Falls
Felton Y Floyd
YGodbee Y Golden
Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce
Kaye Y Kinnamon Y Klein YLadd YLakly YLane
Lawrence YLee Y Lewis
Lifsey YLord Y Lucas N Maddox YMann Y Martin YMcBee YMcCall Y McClinton
McKinney
Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Pinholster
YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A
PurceU, B YRandall
Y Randolph Ray Reaves
Y Reichert
Y Roberts Y Rogers Y Royal N Sanders
Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
YShipp 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 E Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs
Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1560.

By Representatives Poston of the 3rd, Barnes of the 33rd, Holland of the 157th, Watts of the 26th, Bostick of the 165th and others:
A bill to amend Chapter 4 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal attempt, conspiracy, and solicitation, so as to pro vide that a person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursu ance of the conspiracy.

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 Alien Y Anderson 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, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty

Y Carter Y Chambless
Y Channell Y Childere
Y Coker Coleman, B
N Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix

1538

JOURNAL OF THE HOUSE,

Y Dixon, H Y Dixon, S YDobbs YEhrhart YEpps
Evans Y Falls
Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley
Hanner Y Harbin
Harris Y Heard
Hecks tall Y Hegstrom Y Hembree YHenson Y Holland Y Holmes Y Howard
Hudson Y Hugley

Ylrvin Y James Y Jamieson
Jenkins
Y Johnson, G Johnson, J
Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane Lawrence YLee Y Lewis Lifsey YLord N Lucas Y Maddoi YMann Y Martin McBee YMcCall
Y McClinton

McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham
Y Parrish Y Parsons Y Pelote
Y Perry Pinholster
YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph YRay Reaves Y Reicbert N Roberts

Y Rogers Y Royal N Sanders
Y Sauder Scoggins
YShanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W
YSmyre Y Snelling Y Snow YStallings
Y Stancil, F E Stancil, S Y Stanley, L N Stanley, P

Y Stephenson Y Streat
Y Taylor YTeague YTeper Y Thomas YTillman 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
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 148, nays 5. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the remaining Bills and Resolution on the Rules Calendar were postponed until tommorrow.

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.

THURSDAY, FEBRUARY 29, 1996

1539

Representative Hall, Atlanta, Georgia Thursday, February 29, 1996

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:

Alien Anderson Ashe Bailey Bannister Barfoot Bargeron Barnard Bames Benefield Birdsong
Bordeaux Bostick
Breedlove Brooks, D Brooks, T
Brown, J Brush Buckner Bunn
Byrd Campbell Canty Carter Chambless Channel!
Childera Coker Coleman, B

Connell Crawford Crews Culbreth
Qiimminga
Davis, G Davis, M DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Felton Floyd Godbee Greene Harbin Harris Holland Howard Hudson Hugley
Jamieson Jenkins

Johnson, G Johnson, J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord
Lucas
Maddox
Mann
McBee
McClinton
McKinney
Mills
Mobley, J
Mosley
Mueller
O'Neal
Par ham

Parrish Parsons Pelote Perry Pinholster Polak Ponder Porter Poston Purcell, A Purcell, B Randolph Ray Rogers Royal Sanders
Sauder Shanahan
Shaw
Shipp Simpson
Sinkfield
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T

Smith, V Smith, W Snelling S tailings Stancil, F Stanley, L Stanley, P Stephenson Streat Taylor Teper Thomas Tilhnan Titus Trense Twiggs
Walker, R.L
Wall
Watson
Watts
Westmoreland
Whitaker
Wiles
Williams, B
Williams, J
Williams, R
Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Falls of the 125th, Goodwin of the 79th, Heard of the 89th, Reaves of the 178th, Scoggins of the 24th, Buck of the 135th, McCall of the 90th, Roberts of the 162nd, Sherrill of the 62nd, Grindley of the 35th, Baker of the 70th, Hegstrom of the 66th, Coleman of the 142nd, Reichert of the 126th, Yates of the 106th, Day of the 153rd, Teague of the 58th, Bates of the 179th, Golden of the 177th, Orrock of the 56th, Turnquest of the 73rd, Burkhalter of the 41st, Smyre of the 136th, Powell of the 23rd, Hembree of the 98th, Mobley of the 69th and Irvin of the 45th.
They wish to be recorded as present.

Prayer was offered by the Reverend Gregory V. Eason, Sr., Pastor, St. Philip A.M.E. Church, Savannah, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be
correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

1540

JOURNAL OF THE HOUSE,

Pursuant to Rule 58 notice served on the previous legislative day, Representative Crews of the 78th made a procedural motion to instruct the Committee on Judiciary to report the following Bill back to the House:

HB 392. By Representatives Mueller of the 152nd, Watts of the 26th, Lee of the 94th, Barnes of the 33rd, Joyce of the 1st and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe
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 N Brooks, T
Y Brown, J Y Brush NBuck N Buckner Y Bunn
Burkhalter
Byrd
Y Campbell N Canty
Carter N Chambless N Channel! N Childers Y Coker Y Coleman, B N Coleman, T N Connell
N Crawford

Y Crews Y Culbreth N Cummings N Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDk N Dixon, H N Dixon, S N Dobbs YEhrhart NEpps Y Evans Y Falls Y Felton N Floyd NGodbee N Golden
Good win N Greene Y Grindley
N Manner Y Harbin Y Harris N Heard
N Heckstall N Hegstrom Y Hembree E Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye
Kinnamon Y Klein YLadd YLakly
Lane Y Lawrence
Lee Y Lewis
Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills
Mobley, B Y Mobley, J
Mosley Y Mueller N O'Neal N Orrock N Parham

N Parrish Y Parsons
Pelote Y Perry Y Pinholster
N Polak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall Y Randolph
Ray N Reaves N Reichert
N Roberts N Rogers E Royal Y Sanders
Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W
N Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W NSmyre Y Snelling NSnow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P
Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus
Towery Y Trense
Turnquest Twiggs N Walker, L Y Walker, R.L Y Wall
N Watson N Watts Y Westmorland N Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 65, nays 92. The motion was lost.

Representative Perry of the llth stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Sauder of the 29th and Burkhalter of the 41st 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 parlimentary inquiry, Representative Reichert of the 126th referred to Rule 58. Pursuant to Rule 58, the vote on the above roll call shall be a procedural vote and not a vote on the merits of the bill.

THURSDAY, FEBRUARY 29, 1996

1541

Pursuant to Rule 58 notice served on the previous legislative day, Representative Campbell of the 42nd made a procedural motion to instruct the Committee on State Insti tutions and Property to report the following Bill back to the House:

HB 1240. By Representatives Campbell of the 42nd, Irvin of the 45th, Ehrhart of the 36th, Davis of the 60th and Crawford of the 129th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that offenders convicted of a serious felony shall not be eligible for consideration for parole or other early release for a specified time period.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson YAshe
Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty
Carter N Chambless N Channell N Guilders Y Coker Y Coleman, B N Coleman, T N Connell N Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Diion, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd NGodbee N Golden
Goodwin
N Greene Y Grindley N Hanner
Harbin Y Harris
N Heard N Heckstall N Hegstrom Y Hembree E 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
Johnston Jones Y Joyce YKaye N Kinnamon
Y Klein YLadd YLakly NLane Y Lawrence NLee
Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton
McKinney Y Mills
Mobley, B N Mobley, J
Mosiey Y Mueller N O'Neal N Orrock N Parham

N Parrish Y Parsons
Pelote N Perry Y Pinholster N Polak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal
Y Sanders Y Sauder N Scoggins N Shanahan
Shaw N Sherrill
Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F
E Stancil, S N Stanley, L N Stanley, P N Stephenson
N Streat Taylor
N Teague N Teper
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
Williams, R
Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 58, nays 103. The motion was lost.

By parlimentary inquiry, Representative Reichert of the 126th referred to Rule 58. Pursuant to Rule 58, the vote on the above roll call shall be a procedural vote and not
a vote on the merits of the bill.

Pursuant to Rule 58 notice served on the previous legislative day, Representative Evans of the 28th made a procedural motion to instruct the Committee on State Institu tions and Property to report the following Bill back to the House:

1542

JOURNAL OF THE HOUSE,

HB 207. By Representatives Klein of the 39th, Ashe of the 46th, Campbell of the 42nd, Davis of the 60th and Irvin of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that notice of the board's determination, including certain information related thereto, shall be given to the person seeking a pardon, parole, or other relief and to the correctional official having such person in custody and shall be a public record.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe N Bailey N Baker Y Bannister
N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefleld N Birdsong N Bordeaux N Bostick N Breedlove
Brooks, D N Brooks, T Y Brown, J Y Brush NBuck
Buckner YBunn
Burkhalter NByrd Y Campbell N Canty
Carter N Chambless N Channel! N Childers Y Coker
N Coleman, B N Coleman, T N Connell N Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Diion, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls
Y Felton N Floyd N Godbee N Golden YGoodwin
N Greene Y Grindley N Hanner
Harbin Y Harris N Heard
Heckstall N Hegstrom Y Hembree E Henson N Holland N Holmes N Howard N Hudson
Hugley

Y Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
Kaye
N Kinnamon Y Klein YLadd Y Lakly NLane
Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin
N McBee N McCall N McClinton N McKinney Y Mills
Mobley, B N Mobley, J N Mosley Y Mueller
N O'Neal N Orrock NParham

N Parrish Y Parsons
Pelote N Perry Y Pinholster N Polak
Ponder N Porter
N Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph NRay N Reaves N Reichert N Roberts
Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan
Shaw N Sherrill
Shipp
N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling NSnow
N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus
Y Towery Y Trense
N Tumquest NTwiggs N Walker, L Y Walker, R.L Y Wall N Watson
N Watts Y Westmorland N Whitaker N White Y Wiles
Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 52, nays 107. The motion was lost.

By parlimentary inquiry, Representative Reichert of the 126th referred to Rule 58. Pursuant to Rule 58, the vote on the above roll call shall be a procedural vote and not a vote on the merits of the bill.

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.

THURSDAY, FEBRUARY 29, 1996

1543

5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1839. By Representatives Smith of the 175th, Shanahan of the 10th, Polak of the 67th, Sherrill of the 62nd, Heard of the 89th and others:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Anno tated, relating to disclosure of contributions or expenditures other than through a candidate or campaign committee, so as to change disclosure requirements relating to persons who accept contributions for, make contri butions to, or make expenditures on behalf of candidates.
Referred to the Committee on Rules.

HB 1841. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for certain powers of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1842. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Day of the 153rd, Thomas of the 148th and Pelote of the 149th:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1843. By Representative Woods of the 32nd:
A bill to amend Code Section 16-10-24 of the Official Code of Georgia Anno tated, relating to obstructing or hindering law enforcement officers, so as to provide for the felony crime of disarming a law enforcement officer.
Referred to the Committee on Public Safety.

HB 1844. By Representative Davis of the 48th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the provisions regarding the minimum acreage within certain such zones.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1845. By Representatives Scoggins of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend an Act creating the Athens Public Facilities Authority, so as to rename the authority; to change references to the City of Athens, Clarke County, and certain officials of such local governments to AthensClarke County and officials of such consolidated government.
Referred to the Committee on State Planning & Community Affairs - Local.

1544

JOURNAL OF THE HOUSE,

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:

HB 1846. By Representatives Bannister of the 77th, Barnes of the 33rd, Davis of the 60th, Lifsey of the 6th and Walker of the 141st:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, known as "The Zoning Procedures Law," so as to provide for the trial of certain proceedings and actions involving zoning decisions or zoning actions, the construction of the constitution, and the constitutionality of zon ing ordinances in certain cases.
Referred to the Committee on State Planning & Community Affairs.

HB 1847. By Representatives Teague of the 58th, Smith of the 169th, Parham of the 122nd, Simpson of the 101st and Bordeaux of the 151st:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and distribution of fines and forfeitures, so as to authorize additional penalty assessments for violations involving driving under the influence of alcohol or drugs and for the allocation of such addi tional penalties by the Brain and Spinal Injury Trust Fund.
Referred to the Committee on Special Judiciary.

HB 1848. By Representative Twiggs of the 8th:
A bill to amend an Act establishing a new charter for the Town of Tallulah Falls, so as to change certain provisions relating to quorum, voting, and spe cial meetings of the town council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1849. By Representatives Streat of the 167th, Watson of the 139th, Coleman of the 142nd, Lee of the 94th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit rate schedules authorizing long distance telephone charges for calls between two telephones having the same three-digit local exchange.
Referred to the Committee on Industry.

HB 1850. By Representative Perry of the llth:
A bill to provide a $20,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross income does not exceed $20,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1851. By Representatives Irvin of the 45th and Ashe of the 46th:
A bill to amend Article 14 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational grants, so as to provide for a pro gram of public tuition assistance at nonpublic schools for eligible students of certain public school systems.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 29, 1996

1545

HB 1852. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to provide, if approved by the voters of Wilkes County, for nonpartisan primaries and elections for members of the Board of Education of Wilkes County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1853. By Representative Stephenson of the 25th:
A bill to amend an Act establishing a public school system in the City of Jef ferson, so as to provide authority for the mayor and council to issue bonds of said city to finance land, buildings, and equipment for the public school system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1854. By Representative Lane of the 146th:
A bill to amend Code Section 34-9-200.1 of the Official Code of Georgia Annotated, relating to workers' compensation rehabilitation benefits, so as to provide a new definition of brain injury; to define the term "supported employment" in appropriate brain injury cases.
Referred to the Committee on Industrial Relations.

HR 1144. By Representatives Teague of the 58th, Smith of the 169th, Parham of the 122nd, Simpson of the 101st and Bordeaux of the 151st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law.
Referred to the Committee on Special Judiciary.

HR 1145. By Representatives Walker of the 141st, Coleman of the 142nd, Lee of the 94th, Murphy of the 18th and Connell of the 115th:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 1154. By Representatives Perry of the llth and Watts of the 26th:
A resolution designating a portion of Georgia Highway 114 in Chattooga County as the "Lieutenant Colonel Lee Lenderman Memorial Highway".
Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1831 HB 1832 HB 1833 HB 1835

HB 1836 HB 1837 HB 1838 HB 1840

1546

JOURNAL OF THE HOUSE,

HR 1130 HR 1133 SB 596 SB 657 SB 721 SB 724 SB 725 SB 731

SB 745 SR 399 SR 484 SR 495 SR 535 SR 540 SR 570 HB 1834

The Speaker Pro Tern assumed the Chair.

Pursuant to Rule 52, Representative Murphy of the 18th moved that the following Bill of the House be engrossed:

HB 1834. By Representative Murphy of the 18th:
A bill to provide a short title; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abortion and sterilization procedures.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, J Y Brush YBuck
Buckner N Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carter Y Chambleas
Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G YDix Y Dbron, H
Y Diion, S Y Dobbs NEhrhart YEpps N Evans N Falls
Y Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene N Grindley Y Banner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom N Hembree E Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

NIrvin Y James Y Jamieson Y Jenkins N Johnson, G
Y Johnson, J Y Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein NLadd NLakly YLane Y Lawrence YLee Y Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin
Y McBee YMcCall Y McClinton Y McKinney N Mills
Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal
Y Orrock YParham

On the motion, the ayes were 140, nays 32. The motion prevailed.

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay
Reaves
Y Reichert Y 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

N Smith, W Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F
E Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Wall Y Watson
Y Watte N Westmorland Y Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R N Woods N Yates Y Murphy, Spkr

Representative Canty of the 52nd 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.

THURSDAY, FEBRUARY 29, 1996

1547

The Speaker assumed the Chair.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:

SB 395 Do Pass, by Substitute SB 542 Do Pass, by Substitute

SB 631 Do Pass, by Substitute SB 705 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1838 Do Pass HR 1106 Do Pass

HR 1107 Do Pass HR 1108 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1795 Do Pass HB 1796 Do Pass HB 1797 Do Pass HB 1798 Do Pass HB 1799 Do Pass HB 1810 Do Pass HB 1811 Do Pass HB 1812 Do Pass HB 1813 Do Pass HB 1814 Do Pass HB 1815 Do Pass HB 1816 Do Pass

HB 1817 Do Pass HB 1818 Do Pass HB 1819 Do Pass HB 1820 Do Pass HB 1821 Do Pass HB 1822 Do Pass HB 1823 Do Pass HB 1827 Do Pass HB 1828 Do Pass HB 1829 Do Pass HB 1830 Do Pass HR 1096 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

1548

JOURNAL OF THE HOUSE,

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 29, 1996

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 31st Legislative Day as enu merated below:

HB 6 HB 587 HB 924 HB 1046 HB 1101 HB 1122 HB 1227 HB 1252 HB 1322 HB 1365 HB 1385 HB 1404 HB 1442 HB 1582 HB 1630 HB 1647 HB 1728 HB 1736 HB 1788

Intangible personal property tax; repeal; certain recordation limit Family Caregiver Support Act; in-home grants Registered nurse; licensure; reinstatement Emp Ret; credit; cert part-time legislative branch service Intangible personal property tax; repeal Courts; television or movie cameras; prohibition; exception Hazardous substances; repeal certain reporting fees Elections; municipal qualifying period Probate cts; concurrent juris; cert marijuana/alcoholic bev cases Tobacco; prohibited sales to minors; stricter regulations Local legislation; legal ad; copy to governing authority Insurance; amend provisions Trade practices; recycled antifreeze; applicability Barbers and cosmetologists; technical schools; registration Computer or telephone network; transmitting misleading data Retail installment/home solicitation; clerical errors; penalties Motor vehicle franchisors; prohibit certain practices Driver's license information; provide to U.S. military Discharge of pollutants in state waters; Bd of Nat Resources reg

HR 969 Kirby Park, Sr., Memorial Bridge; designate HR 1016 Jimmy Lee Smith Parkway; designate HR 1041 Robert W. Pollard, Sr., Bridge; change from Kiokee Creek Bridge HR 1091 Commission on the Appellate Courts of Georgia; create

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, HB 1828 was removed from the Local Calendar and recom mitted to the Committee on State Planning and Community Affairs - Local.

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1795. By Representative Bostick of the 165th:
A bill to amend an Act creating a new charter for the City of Ty Ty, so as to permit holders of elective office to serve on local boards, commissions, or authorities in certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 29, 1996

1549

HB 1796.

By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Duluth," so as to amend the description of the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1797.

By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide for one additional full-time magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1798. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that district who are totally disabled and whose annual net income does not exceed $20,000.00 and pro vide for conditions and procedures relating thereto.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1799. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Talbot County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1810.

By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner and deputy coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1811. By Representatives Mosley of the 171st and Smith of the 169th: A bill to provide a new charter for the City of Offerman.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1550

JOURNAL OF THE HOUSE,

HB 1812. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the number of councilmembers which constitute a quorum authorized to transact city business and the number of votes nec essary to adopt ordinances and resolutions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1813.

By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act providing a new charter for the City of Good Hope, in the County of Walton, so as to change the terms of the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1814.

By Representatives Harris of the 17th and Stancil of the 16th:
A bill to amend an Act reincorporating and recreating the City of Woodstock, so as to provide for additional powers, duties, and authority of the mayor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1815.

By Representatives Sauder of the 29th, Towery of the 30th, Parsons of the 40th, Klein of the 39th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the chief judge and judges of the state court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1816. By Representative Barfoot of the 155th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Toombs County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1817. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, and the judge of the probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 29, 1996

1551

HB 1818.

By Representatives Channel! of the lllth and Parham of the 122nd:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the compensation for members of the board of com missioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1819.

By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1820.

By Representative Channell of the lllth:
A bill to provide for compensation for the judge of the state court of Putnam County, the solicitor of the state court of Putnam County, and the clerk of the state court of Putnam County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1821.

By Representative Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Put nam County, so as to change provisions relating to compensation for the chief magistrate, the senior magistrate, the junior magistrate, and the magis trate clerk.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1822. By Representative Bargeron of the 120th: A bill to reconstitute the Board of Education of Glascock County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1823. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1827.

By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Warwick," so as to change the salary of the mayor and councilmembers.

1552

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1829. By Representative Holland of the 157th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Turner County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1830.

By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law," so as to abolish such 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 Alien
Y Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Connell 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 Felton
Y Floyd YGodbee Y Golden
Y Goodwin Greene
Y Grindley Y Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y 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 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
Mobley, B Y Mobley, J
Y Mosley Mueller
Y O'Neal
Y Orrock YParham

Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Ponder
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 YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V

On the passage of the Bills, the ayes were 146, nays 0.

Smith, W Smyre Y Snelling YSnow
Y Stallings Y Stancil, F E Stancil, S
Stanley, L Stanley, P Y Stephenson Streat Y Taylor YTeague Y Teper Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L Y Wall Watson Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Woods YYates Murphy, Spkr

THURSDAY, FEBRUARY 29, 1996

1553

The Bills, having received the requisite constitutional majority, were passed.

HR 1096.

By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th, Sherrill of the 62nd, Davis of the 60th and others:
A resolution re-creating the Joint Study Committee on DeKalb County's Form of Government.

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 Alien
Y Andersen Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Brooks, D Y Brooks, T 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
Connell 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
Felton Y Floyd YGodbee Y Golden Y Goodwin
Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y 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 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 Mobley, B
Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
YPolak Y Ponder 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 Y Smith, P Y Smith, T
Smith, V

Smith, W Smyre Y Snelling YSnow Y Stallings Y Stancil, F E Stancil, S Stanley, L Stanley, P Y Stephenson Streat Y Taylor Y Teague Y Teper Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Walker, L Y Walker, R.L
Y Wall
Watson
Watts
Y Westmoreland
Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J Y Williams, R
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.

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 3. By Senator Slotin of the 39th:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Anno tated, relating to definitions relative to highways, bridges, and ferries, so as to provide that the definition of "public road" shall include bicycle paths, rapid transit systems, and railroads providing passenger service.

1554

JOURNAL OF THE HOUSE,

SB 409. By Senators Johnson of the 2nd, Ajernathy of the 38th, Brown of the 26th and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to the scope of practice of chiropractors.

SB 698. By Senator Starr of the 44th:
A bill to amend Code Section 47-1-12 of the Official Code of Georgia Anno tated, relating to investment and reinvestment of local retirement funds, so as to provide that local retirement systems shall be allowed to invest up to 60 percent of their retirement assets in equities.

SB 735. By Senators Dean of the 31st, Marable of the 52nd and Ray of the 19th:
A bill to amend Article 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, so as to allow munici palities to form and participate in regional jail authorities; to provide for def initions; to provide for related matters.

HB 656. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Code Section 16-9-30 of the Official Code of Georgia Anno tated, relating to definitions of certain terms concerning illegal use of finan cial transaction cards, so as to define the term "financial transaction card account number"; to amend Code Section 16-9-33, relating to financial trans action card fraud, so as to prohibit fraudulent use of financial transaction card account numbers; to provide for venue for prosecution of financial transaction card fraud.

The Senate has adopted by the requisite constitutional majority the following resolu tions of the Senate:

SR 506. By Senator Farrow of the 54th:
A resolution honoring Mr. W. W. "Bill" Fincher, Jr., and designating a por tion of State Highway 225 as the "Bill Fincher, Jr., Highway".

SR 507. By Senator Farrow of the 54th:
A resolution honoring Mr. Charles A. Pannell, Sr., and designating a portion of State Highway 225 as the "Charles A. Pannell, Sr., Highway".

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and Jones of the 71st:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.

THURSDAY, FEBRUARY 29, 1996

1555

HB 1291.

By Representatives Lane of the 146th, Howard of the 118th, Kinnamon of the 4th 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 refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability compa nies to opt out of coverage.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 1355. By Representatives Holmes of the 53rd, Stanley of the 50th, Sinkfield of the 57th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authori ties and their property from taxes and special assessments; to change provi sions relating to the renting of housing units.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 3. By Senator Slotin of the 39th:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Anno tated, relating to definitions relative to highways, bridges, and ferries, so as to provide that the definition of "public road" shall include bicycle paths, rapid transit systems, and railroads providing passenger service.
Referred to the Committee on Transportation.

SB 409. By Senators Johnson of the 2nd, Abernathy of the 38th, Brown of the 26th and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to the scope of practice of chiropractors.
Referred to the Committee on Health & Ecology.

SB 698. By Senator Starr of the 44th:
A bill to amend Code Section 47-1-12 of the Official Code of Georgia Anno tated, relating to investment and reinvestment of local retirement funds, so as to provide that local retirement systems shall be allowed to invest up to 60 percent of their retirement assets in equities.
Referred to the Committee on Retirement.

SB 735. By Senators Dean of the 31st, Marable of the 52nd and Ray of the 19th:
A bill to amend Article 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, so as to allow munici palities to form and participate in regional jail authorities; to provide for def initions; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs.

1556

JOURNAL OF THE HOUSE,

SR 506. By Senator Farrow of the 54th:
A resolution honoring Mr. W. W. "Bill" Fincher, Jr., and designating a por tion of State Highway 225 as the "Bill Fincher, Jr., Highway".
Referred to the Committee on Transportation.

SR 507. By Senator Farrow of the 54th:
A resolution honoring Mr. Charles A. Pannell, Sr., and designating a portion of State Highway 225 as the "Charles A. Pannell, Sr., Highway".
Referred to the Committee on Transportation.

Representative Childers of the 13th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 1641. By Representative Childers of the 13th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the provisions relating to definitions; to provide for certificates of authority for certain new institutional health services and health care facilities and the conditions and procedures relating thereto; to change certain functions of the Health Planning Agency.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe N Bailey N Baker N Bannister N Barfoot Y Bargeron N Barnard Y Barnes N Bates N Benefield Y Birdsong N Bordeaux N Bostick Y Breedlove
Brooks, D Y Brooks, T N Brown, J Y Brush YBuck
Buckner YBunn
Burkhalter NByrd
Campbell Canty Y Carter N Chambless N Channel! Y Childers Y Coker
N Coleman, B Coleman, T
Y Connell Y Crawford

Crews Y Culbreth Y Cummings N Davis, G N Davis, M YDay N DeLoach, B Y DeLoach, G YDix N Dixon, H Y Dixon, S N Dobbs Y Ehrhart NEpps
Evans E Falls Y Felton N Floyd Y Godbee N Golden Y Goodwin N Greene
Grindley Y Manner Y Harbin N Harris Y Heard
Heckstall N Hegstrom Y Hembree E Henson N Holland Y Holmes N Howard N Hudson Y Hugley

Ylrvin N James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J Y Johnston
Jones N Joyce YKaye N Kinnamon N Klein YLadd Y Lakly YLane Y Lawrence NLee Y Lewis
Lifsey
NLord Y Lucas N Maddox
NMann Y Martin Y McBee N McCall
McClinton N McKinney Y Mills
Mobley, B Y Mobley, J
Mosley Mueller
Y O'Neal N Orrock YParham

On the motion, the ayes were 89, nays 61. The motion prevailed.

Y Parrish Y Parsons
Pelote Y Perry
N Pinholster N Polak N Ponder Y Porter Y Poston
Powell N Purcell, A Y Purcell, B N Randall Y Randolph
NRay N Reaves Y Reichert Y Roberts Y Rogers Y Royal
N Sanders Y Sauder Y Scoggins N Shanahan NShaw N Sherrill Y Shipp
Simpson N Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
N Smith, T Y Smith, V

Smith, W YSmyre Y Snelling YSnow
Stallings Y Stancil, F E Stancil, S
Stanley, L Stanley, P
N Stephenson Y Streat Y Taylor
N Teague Y Teper
Y Thomas N Tillman N Titus Y Towery
Trense N Turnquest NTwiggs
Walker, L Y Walker, R.L Y Wall Y Watson
N Watts Y Westmorland Y Whitaker
Y White Y Wiles
N Williams, B Y Williams, J Y Williams, R Y Woods
YYates Murphy, Spkr

THURSDAY, FEBRUARY 29, 1996

1557

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 1322.

By Representatives Reichert of the 126th, Channell of the lllth and Jenkins of the 110th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, so as to provide concurrent jurisdiction for certain probate courts over cases charging possession of one ounce or less of marijuana and cases charg ing furnishing alcoholic beverages to persons under 21 or purchase or posses sion of alcoholic beverages by underage persons.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron
Barnard YBarnea Y Bates Y Benefield
Birdsong Bordeaux Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Y Brush YBuck
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 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 YEhrhart YEpps
Evans E Falls Y Felton
Y Floyd Y Godbee Y Golden Y Goodwin
Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Howard
Hudson Y Hugley

Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann
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
Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Rogers
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
Snow S tailings Y Stancil, F E Stancil, S Y Stanley, L Stanley, P Y Stephenson Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L
Wall Y Watson Y Watts Y Westmorland
Whitaker 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 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1101.

By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," so as to repeal the intangible per sonal property tax; to change the definition of the term "intangible personal property" as it applies to said title; to change certain references to the intan gible personal property tax laws; to provide that certain provisions of former laws relating to intangible personal property taxes shall be applicable to other provisions of law.

1558

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Pub lic Revenue Code," so as to repeal the intangible personal property tax; to change the defi nition of the term "intangible personal property" as it applies to said title; to change certain references to the intangible personal property tax laws; to provide that certain pro visions of former laws relating to intangible personal property taxes shall be applicable to other provisions of law; to provide for related matters; to repeal certain intangible tax pay able with respect to short-term notes; to provide for an effective date; to provide for appli cability; 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. Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," is amended by striking in its entirety paragraph (13) of Code Section 48-1-2, relat ing to definitions used in the "Georgia Public Revenue Code," and inserting in lieu thereof the following:
"(13) 'Intangible personal property' means the capital stock of all corporations; money, notes, bonds, accounts, or other credits, secured or unsecured; patent rights, copyrights, franchises, and aH any other classes and kinds of property defined by law as intangible personal property; whether or ot enumerated in this definition and
o~r_ --IIU,.*L. ~L:j,i--u.iJi1i~u--r *to~ 4i-ni.c^ L-.I1U.,-S.-S. v--t--lu..u.--iu^r--u-.i4/-u~-u3 t;t_t tAn--4L-IJU~TIU~ yQ* t.-j.rf vr^jiViulf^i"j4t"u"r" o& onrf ttliniisi
SECTION 2. Said title is further amended by striking in its entirety Code Section 48-6-8, relating to the distribution of tax revenues among state, municipalities, and counties where real prop erty lies, and inserting in lieu thereof a new Code Section 48-6-8 to read as follows:
"48-6-8.
(a) All revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion thert rcvcnuca derived firem th taxes imposed by Article 2 of this chapter, relating to taxation of- intangible personal property, are divided accordance with this Code section. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner. (b) The tax commissioner or tax collector, on the basis of the tax commissioner's or tax collector's records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected under this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article. (c) Revenue derived from taxes under this article shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and munici pal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the real property which is the subject of the intangible tax. The distribution shall be made according to the pro portion that the millage rate levied for the state and each other tax jurisdiction or dis trict respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the subject of the intan gible tax. The revenue distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The

THURSDAY, FEBRUARY 29, 1996

1559

tax levied by this article shall be deemed to be levied by the participating tax authori ties in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities. (d) In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article."
SECTION 3. Said title is further amended by striking in its entirety Article 2 of Chapter 6, relating to the intangible personal property tax, which reads as follows:
"ARTICLE 2
48-6-20.
As used in this chapter, the term: (1) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) 'Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. t(i3o)n.'D' epository financial institution' means a 'bank' and a 'savings and loan associa
(3.1) 'Domesticated foreign corporation' means: (A) A foreign corporation which, prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which was a domesticated foreign corporation on that date; or (B) A foreign corporation which has procured a certificate of authority to transact business in this state from the Secretary of State and which maintains its corporate headquarters in this state.
(4) 'Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits. (5) 'Restricted foreign intangibles' means all classifications of intangible personal property acquired and held in a foreign country incident to the conduct of the busi ness of insurance within the foreign country if the intangible personal property is held in the foreign country pursuant to laws or regulations of the foreign country or admin istrative guidance by the government of the foreign country which prohibit or restrict the transfer of said property outside of the jurisdiction of the foreign country. (6) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form.
48-6-21.
Intangible personal property, for the purposes of ad valorem taxation, is classified as fol lows:
(1) Money; (2) Collateral security loans; (3) Stocks; (4) Accounts receivable and notes not representing credits secured by real estate; (5) Bonds and debentures of all corporations; (6) Long-term notes secured by real estate; (7) Short-term notes secured by real estate; (8) Restricted foreign intangibles; (9) Patents, copyrights, franchises, and all other classes and kinds of intangible per sonal property not otherwise enumerated; or

1560

JOURNAL OF THE HOUSE,

(10) Computer software as defined in Code Section 48-1-8.
48-6-22.
The tax imposed by this article shall not apply to: (1) Obligations or evidences of debt of the United States or of this state or its politi cal subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States government agencies and corporations estab lished by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state; (2) Intangible personal property owned by a trust forming part of a pension, profitsharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code; (3) Intangible personal property owned by or irrevocably held in trust for the exclu sive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person; (4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in another state incident to the con duct of business located in the other state, except that this paragraph shall not apply to restricted foreign intangibles; (5) Common voting stock of a subsidiary corporation not doing business in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary; (6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For purposes of this paragraph, the term 'corporation' also means any depository financial institution; (7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law; (8) Assets representing mandatory reserve requirements imposed, by statute or other wise, on depository financial institutions subject to the tax on intangible property; (9) Stock of the Federal Reserve Bank, the Government National Mortgage Associa tion, the Federal National Mortgage Association, and other corporations and associa tions established by acts of the Congress of the United States; (10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations; (11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or corre spondent funds purchased and securities and other intangible assets sold under agree ments to repurchase; (12) Customer's liabilities to depository financial institutions on acceptances outstand ing to the extent they are offset by liabilities of depository financial institutions on acceptances executed and outstanding; (13) Receivables arising from the lease of tangible personal property, provided that tangible property tax is due upon such property; (14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent cor poration owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction; (15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state; and (16) Stock held in a foreign corporation which was a party to a reorganization prior to January 1, 1992, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of another corporation which was a party to such reorganization and which was acquired in such reorganization was exempt from such tax prior to such reorganization.
48-6-23.

THURSDAY, FEBRUARY 29, 1996

1561

(a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21, includ ing all restricted foreign intangibles. The tax is not levied by this paragraph on intan gible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures; except for restricted foreign intangi bles which are taxed in this paragraph and not otherwise; (2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans; (3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corpo rations except those specifically exempted by law; and (4) One dollar upon each $1,000.00 of the fair market value of all bonds and deben tures of all corporations. The tax rate upon notes of corporations, other than longterm notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes.
(b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter.
48-6-24.
(a) The taxes imposed by Code Section 48-6-23 shall be in lieu of all other state, county, municipal, and district property taxes on intangible personal property classified for taxa tion as specified in this article. All intangible personal property not otherwise exempted shall be taxed without deduction of any indebtedness or liability of the taxpayer. (b) A sale or transfer of accounts receivable or of notes not representing credits secured by real estate to a nonresident of this state shall be void as far as tax liability is con cerned. Sales or transfers to nonresidents of accounts receivable or notes retaining any interest whatever by the seller shall be void with respect to tax liability. The physical removal of such accounts receivable and notes from the state by any person doing busi ness in the state shall not avoid liability for the tax imposed by this article.
48-6-25.
Every resident and nonresident person is subject to the tax imposed by this article on as much of his property taxable under this article as has been acquired in the conduct of, or has been used incident to, business carried on or property located in this state. Each such person shall report the property and pay taxes on the property as provided in this article. Stock of a foreign subsidiary corporation held by a foreign parent corpo ration whose corporate headquarters are located in this state will not be deemed to have been acquired in the conduct of, or used incident to, business carried on or property located in this state, and the stock of such foreign subsidiary corporation will not other wise be deemed to have a taxable situs in this state.
48-6-26.
The taxable situs of all intangible trust property, if the trust was or is created by a resi dent of this state, is fixed and declared, if the settlor or maker is living, to be the county of this state of which the settlor or maker of the trust is a resident or, if the settlor or maker is deceased, the county of this state of which the settlor or maker of the trust was a resident at the time of his death.
48-6-26.1. Notwithstanding any other provision of law to the contrary, the commissioner shall grant, upon written request, an extension of four months for filing returns, declarations, or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the commis sioner is posted. The commissioner shall by rule and regulation provide for the adminis tration of this Code section.

1562

JOURNAL OF THE HOUSE,

48-6-27.
(a) Every person owning intangible personal property classified for taxation under this article shall file a return of such property. The return shall:
(1) Describe in detail each item of property (including exempt as well as taxable prop erty, except obligations of the United States); (2) Give a description of the property in the form required by the commissioner; (3) Show the face value of each item of intangible personal property; (4) Show such other information pertaining to the return as reasonably required by the commissioner; and (5) Be filed with the commissioner on or before April 15 of each year. (b) The return shall be separately sworn to and shall be filed by every owner of the intangible personal property taxable under this article. (c) This Code section shall not apply to intangible personal property belonging to: (1) The United States; (2) This state or any political subdivision of this state; (3) A religious, educational, or charitable organization; (4) A trust exempt from federal income taxes under Section 401 of the Internal Reve nue Code; or (5) A nonprofit cooperative association. (d) Money belonging to a person residing outside this state (except as provided in Code Section 48-6-25) shall be neither returnable nor taxable. (e)(l) It is the intent of this subsection to carry into effect the constitutional authori zation to exempt from the return and payment requirements of this article those returns on which the tax due exceeds the reasonable cost of administering the tax. (2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00.
48-6-28.
Any person including, but not limited to, an agent holding money belonging to others may make returns for the other persons and may pay the tax on the money as provided in this article when so authorized by the person owning the money.
48-6-29.
(a) Any bank or trust company organized under the laws of this state or of the United States and having on deposit money subject to taxation under this article may make a return to the commissioner of the aggregate amount of money on deposit with the bank owned by a taxpayer and may pay the tax on the money on the taxpayer's behalf when so authorized by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money it has on deposit which is subject to taxation under this article and which is owned by the taxpayer authorizing the bank to make the return. The return shall state also the amount of money having a taxable situs in each county, municipality, or special tax district in which any of the money has a taxable situs. (b) If a bank or trust company elects to make a return and pay the tax, any person hav ing money on deposit on which the bank has made a return and paid the taxes shall be deemed to have made a return of his money for taxation if he states in his return the name of the bank or trust company authorized to make a return of his money for taxation and to pay the tax on the money. (c) The amount of tax paid by any bank for a taxpayer shall be charged to the account of the taxpayer.
48-6-30.
In addition to all other penalties and interest provided by law, every taxpayer failing to return for taxation all intangible personal property which it is his duty to return as required by this article shall pay a penalty, as part of the tax imposed by this article, in an amount equal to 25 percent of the original tax on property not returned.
48-6-31.

THURSDAY, FEBRUARY 29, 1996

1563

Every foreign corporation doing business or owning property in this state and each domestic corporation, when the stocks and bonds of the foreign or domestic corporation are subject to tax under this article, shall make on or before March 1 of each year a true, correct, and verified report to the commissioner. The report shall give in the form required by the commissioner the names and addresses of persons in this state who held its shares of stock or its registered bonds on the immediately preceding January 1 and, in addition, a list of stock (or, in the case of a domestic corporation, preferred stock) or registered bonds transferred from such persons between November 1 and January 1 immediately preceding the date of the return.
48-6-32.
Willful failure to return any property to the commissioner for taxation as required by this article shall be a bar to any action upon the property in any court and may be pleaded as a complete defense to the action, but the holder of the property may at any time pay all taxes, accrued interest, and penalties. Payment in full shall relieve the holder from the penalty provided in this Code section.
48-6-33.
Intangible personal property transferred prior to January 1 to avoid the tax imposed by this article or to secure a reduction in the rate of the tax imposed by this article is sub ject to the tax imposed by this article.
48-6-34.
As soon as practicable after receipt of the returns of intangible personal property as required by this article, the commissioner shall examine each return and fix the value of that property contained in the return which can be centrally assessed.
48-6-35.
(a) The commissioner shall certify the assessments fixed pursuant to Code Section 48-6-34 to the various tax commissioners or tax receivers according to the situs of the property, such certification to be made with respect to all property listed on returns where the property is assessed for at least $5.00 or where the commissioner determines that the final assessment on all property owned in whole or in part by the taxpayer would be for at least $5.00. Each tax commissioner or tax receiver shall record the value certified by the commissioner, shall assess all property certified but not assessed, and shall cause the aggregate assessments so fixed to be entered on a separate intangible personal property tax digest of the county. (b) At or before the time certification is made to local officials, the commissioner shall notify the taxpayer of the assessment. The taxpayer shall have 15 days within which he may offer objections. (c) The commissioner, in the event of an error, may make a corrected certification. In no event shall such a correction be made after the tax has become delinquent under this article.
48-6-36.
Notwithstanding the fact that the assessment of all intangible personal property is fixed by the commissioner, the tax receiver or tax commissioner shall be entitled for his ser vices to his usual commissions as though he himself made the assessment.
48-6-37.
The taxes on property imposed by this article at the rates fixed in this article shall be collected by the tax commissioners or tax collectors, subject to the provisions of law as to remuneration of the tax commissioner or tax collector and subject to all the remedies provided by law for enforcement or collection of real and tangible personal property taxes.
48-6-38.
In all applications to restrain or enjoin the collection of any tax imposed by this article, the judge, should he grant a restraining order or temporary injunction, shall require the

1564

JOURNAL OF THE HOUSE,

petitioner to give a good and sufficient bond payable to the tax commissioner or tax col lector in double the amount of the tax the collection of which is sought to be enjoined. The bond shall be approved by the clerk of superior court and shall be conditioned to pay the tax in the event the petitioner does not finally prevail in his effort to resist the payment of the tax. If the petitioner does not finally prevail, the tax commissioner or tax collector shall bring an action on the bond and shall distribute the amount recovered pursuant to Code Sections 48-6-39, 48-6-40, and 48-6-41.
48-6-39.
The tax commissioner or tax collector, on the basis of his records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected from each owner of intangible personal property between the state and the various local tax districts in the manner provided in this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article.
48-6-40.
Revenue derived from taxes on intangible personal property shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the intangible personal property from which the revenue is derived. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal property on which the intangible tax was collected. The revenue dis tributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipal ity for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this arti cle shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities.
48-6-41.
In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article.
48-6-42.
The schedules required by this article to be filed with the commissioner shall be subject to hearings and appeals in all respects as provided by law for income taxes.
48-6-43.
The intangible personal property tax digest, returns, and related records shall be confi dential and shall not be subject to inspection by any person other than authorized per sonnel of appropriate tax administrators. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any adminis trative or court proceeding.
48-6-44.
(a) It shall be unlawful for any person willfully to violate any provision of this article or willfully to fail to do any act required of him by this article. (b) Any person who violates subsection (a) of this Code section shall be guilty of a mis demeanor.",

THURSDAY, FEBRUARY 29, 1996

1565

and inserting in lieu thereof the following:
"ARTICLE 2 RESERVED".
SECTION 4. Said title is further amended by striking in its entirety Code Section 48-6-63, relating to ad valorem taxation of short-term notes secured by real estate, and inserting in lieu thereof a new Code Section 48-6-63 to read as follows:
"48-6-63. Reserved, (a) Short term notes secured by real estate shall be subject te ad- valorem te*ation at the rate prescribed for- other intangible property subsection {a} ef- Code Secties 48 6 28.
r ftd vfliopcm Mixes on 9HOPtTMtcPin notes Dy fliiy institutions exempted oy Article TO dt tins eiiftpier.
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 48-6-64, relating to tax on certain notes, and inserting in its place a new subsection (a) to read as follows:
"(a) The tax required by this article to be paid on instruments securing long-term notes secured by real estate and the ad valorem tax required by this article te be paid e short-term notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this article by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property."
SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 48-6-72, relating to collection and distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting officer of each county and said officer shall make the distributions in the same manner as provided in Article 3 ef- this chapter Code Section 48-6-8."
SECTION 7. Said title is further amended by striking in its entirety Code Section 48-6-74, relating to the distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new Code Section 48-6-74 to read as follows:
"48-6-74. All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust prop erty shall be distributed among the state, county, and municipality in which the real property is located in the same proportion that revenues derived frem the intangible
provided in Code Section 48-6-8. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties."
SECTION 8. Said title is further amended by striking in its entirety division (b)(7)(A)(ii) of Code Sec tion 48-7-21, relating to the taxation of corporations for income tax purposes, and inserting in lieu thereof a new division (b)(7)(A)(ii) to read as follows:
"(ii) No depository financial institution; as defined k Code Section 48-6-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to

1566

JOURNAL OF THE HOUSE,

any state or local tax levied against such depository financial institution as a result of this title. As used in this division, the term:
(I) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (II) 'Depository financial institution' means a 'bank' or a 'savings and loan association.' (III) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form;".
SECTION 9. This Act shall become effective on January 1, 1997, and shall be applicable to all taxable years beginning on or after January 1, 1997; provided, however, that this Act shall only become effective on January 1, 1997, upon the ratification of House Resolution 734 at the November, 1996, state-wide general election, which resolution authorizes the General Assembly by general law to repeal any intangible personal property tax with approval in a referendum. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1997.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote we as follows:

Y Alien
Anderson 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 N Brooks, T Y Brown, J Y Brush YBuck
Buckner Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Chambless Y Channel! Y Childers Y Coker Y Coleman, B Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dkon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans E Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland
Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
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
Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
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
Stallings Y Stancil, F
E Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Y Titus Towery
Y Trense Y Turnquest Y Twiggs Y Walker, L
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 Y Yates
Murphy, Spkr

THURSDAY, FEBRUARY 29, 1996

1567

On the passage of the Bill, by substitute, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Barnard of the 154th and Stallings of the 100th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

By unanimous consent, HB 1101 was ordered immediately transmitted to the Senate.

HB 1582.

By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Anno tated, relating to barbers, so as to exempt from regulation by the State Board of Barbers barber programs offered by public technical institutes; to allow barber students and faculty of public technical institutes to acquire licenses under the same conditions as students and faculty of other barber schools.

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 Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBames Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
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 Y Crawtord

Y Crews Y 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 E Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley

Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder 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 E Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman
Y Titus Y Towery
Y Trense Y Turnquest 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 passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1568

JOURNAL OF THE HOUSE,

HB 6. By Representatives Buck of the 135th, Royal of the 164th, Jaraieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of intangibles, so as to repeal the intangible per sonal property tax; to remove the limitation on the maximum amount of such tax payable with respect to any single note.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Pub lic Revenue Code," so as to repeal the intangible personal property tax; to change the defi nition of the term "intangible personal property" as it applies to said title; to change certain references to the intangible personal property tax laws; to provide that certain pro visions of former laws relating to intangible personal property taxes shall be applicable to other provisions of law; to provide for related matters; to repeal certain intangible tax pay able with respect to short-term notes; to provide for 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, known as the "Georgia Public Revenue Code," is amended by striking in its entirety paragraph (13) of Code Section 48-1-2, relat ing to definitions used in the "Georgia Public Revenue Code," and inserting in lieu thereof the following:
"(13) 'Intangible personal property' means the capital stock of all corporations; money, notes, bonds, accounts, or other credits, secured or unsecured; patent rights, copyrights, franchises, and aH any other classes and kinds of property defined by law as intangible personal property? whether e* net enumerated in this definition and Wiictfi6p of not simiiflr TO tnc cifl.39 enUID&F&ted tm /\piici6 <& of onflptcr o of inis iitic,
SECTION 2. Said title is further amended by striking in its entirety Code Section 48-6-8, relating to the distribution of tax revenues among state, municipalities, and counties where real prop erty lies, and inserting in lieu thereof a new Code Section 48-6-8 to read as follows:
"48-6-8.
(a) All revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived free* the taxes imposed by Article 3 of this chapter, relating te taxation e intangible personal property, are divided accordance with this Code section. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner. (b) The tax commissioner or tax collector, on the basis of the tax commissioner's or tax collector's records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected under this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article, (c) Revenue derived from taxes under this article shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and munici pal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the real property which is the subject of the intangible tax. The distribution shall be made according to the pro portion that the millage rate levied for the state and each other tax jurisdiction or dis trict respectively bears to the total millage rate levied for all purposes applicable to real

THURSDAY, FEBRUARY 29, 1996

1569

and tangible personal property having the same taxable situs as the subject of the intan gible tax. The revenue distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authori ties in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities. (d) In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article."
SECTION 3. Said title is further amended by striking in its entirety Article 2 of Chapter 6, relating to the intangible personal property tax, which reads as follows:
"ARTICLE 2
48-6-20.
As used in this chapter, the term: (1) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) 'Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. t(i3o)n.'D' epository financial institution' means a 'bank' and a 'savings and loan associa
(3.1) 'Domesticated foreign corporation' means: (A) A foreign corporation which, prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which was a domesticated foreign corporation on that date; or (B) A foreign corporation which has procured a certificate of authority to transact business in this state from the Secretary of State and which maintains its corporate headquarters in this state.
(4) 'Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits. (5) 'Restricted foreign intangibles' means all classifications of intangible personal property acquired and held in a foreign country incident to the conduct of the busi ness of insurance within the foreign country if the intangible personal property is held in the foreign country pursuant to laws or regulations of the foreign country or admin istrative guidance by the government of the foreign country which prohibit or restrict the transfer of said property outside of the jurisdiction of the foreign country. (6) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form.
48-6-21.
Intangible personal property, for the purposes of ad valorem taxation, is classified as fol lows:
(1) Money; (2) Collateral security loans; (3) Stocks; (4) Accounts receivable and notes not representing credits secured by real estate;

1570

JOURNAL OF THE HOUSE,

(5) Bonds and debentures of all corporations; (6) Long-term notes secured by real estate; (7) Short-term notes secured by real estate; (8) Restricted foreign intangibles; (9) Patents, copyrights, franchises, and all other classes and kinds of intangible per sonal property not otherwise enumerated; or (10) Computer software as defined in Code Section 48-1-8.
48-6-22.
The tax imposed by this article shall not apply to: (1) Obligations or evidences of debt of the United States or of this state or its politi cal subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States government agencies and corporations estab lished by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state; (2) Intangible personal property owned by a trust forming part of a pension, profitsharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code; (3) Intangible personal property owned by or irrevocably held in trust for the exclu sive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person; (4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in another state incident to the con duct of business located in the other state, except that this paragraph shall not apply to restricted foreign intangibles; (5) Common voting stock of a subsidiary corporation not doing business in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary; (6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For purposes of this paragraph, the term 'corporation' also means any depository financial institution; (7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law; (8) Assets representing mandatory reserve requirements imposed, by statute or other wise, on depository financial institutions subject to the tax on intangible property; (9) Stock of the Federal Reserve Bank, the Government National Mortgage Associa tion, the Federal National Mortgage Association, and other corporations and associa tions established by acts of the Congress of the United States; (10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations; (11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or corre spondent funds purchased and securities and other intangible assets sold under agree ments to repurchase; (12) Customer's liabilities to depository financial institutions on acceptances outstand ing to the extent they are offset by liabilities of depository financial institutions on acceptances executed and outstanding; (13) Receivables arising from the lease of tangible personal property, provided that tangible property tax is due upon such property; (14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent cor poration owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction; (15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state; and

THURSDAY, FEBRUARY 29, 1996

1571

(16) Stock held in a foreign corporation which was a party to a reorganization prior to January 1, 1992, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of another corporation which was a party to such reorganization and which was acquired in such reorganization was exempt from such tax prior to such reorganization.
48-6-23.
(a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21, includ ing all restricted foreign intangibles. The tax is not levied by this paragraph on intan gible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures; except for restricted foreign intangi bles which are taxed in this paragraph and not otherwise; (2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans; (3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corpo rations except those specifically exempted by law; and (4) One dollar upon each $1,000.00 of the fair market value of all bonds and deben tures of all corporations. The tax rate upon notes of corporations, other than longterm notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes.
(b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter.
48-6-24.
(a) The taxes imposed by Code Section 48-6-23 shall be in lieu of all other state, county, municipal, and district property taxes on intangible personal property classified for taxa tion as specified in this article. All intangible personal property not otherwise exempted shall be taxed without deduction of any indebtedness or liability of the taxpayer. (b) A sale or transfer of accounts receivable or of notes not representing credits secured by real estate to a nonresident of this state shall be void as far as tax liability is con cerned. Sales or transfers to nonresidents of accounts receivable or notes retaining any interest whatever by the seller shall be void with respect to tax liability. The physical removal of such accounts receivable and notes from the state by any person doing busi ness in the state shall not avoid liability for the tax imposed by this article.
48-6-25.
Every resident and nonresident person is subject to the tax imposed by this article on as much of his property taxable under this article as has been acquired in the conduct of, or has been used incident to, business carried on or property located in this state. Each such person shall report the property and pay taxes on the property as provided in this article. Stock of a foreign subsidiary corporation held by a foreign parent corpo ration whose corporate headquarters are located in this state will not be deemed to have been acquired in the conduct of, or used incident to, business carried on or property located in this state, and the stock of such foreign subsidiary corporation will not other wise be deemed to have a taxable situs in this state.
48-6-26.
The taxable situs of all intangible trust property, if the trust was or is created by a resi dent of this state, is fixed and declared, if the settlor or maker is living, to be the county of this state of which the settlor or maker of the trust is a resident or, if the settlor or maker is deceased, the county of this state of which the settlor or maker of the trust was a resident at the time of his death.
48-6-26.1. Notwithstanding any other provision of law to the contrary, the commissioner shall grant, upon written request, an extension of four months for filing returns, declarations,

1572

JOURNAL OF THE HOUSE,

or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the commis sioner is posted. The commissioner shall by rule and regulation provide for the adminis tration of this Code section.
48-6-27.
(a) Every person owning intangible personal property classified for taxation under this article shall file a return of such property. The return shall:
(1) Describe in detail each item of property (including exempt as well as taxable prop erty, except obligations of the United States); (2) Give a description of the property in the form required by the commissioner; (3) Show the face value of each item of intangible personal property; (4) Show such other information pertaining to the return as reasonably required by the commissioner; and (5) Be filed with the commissioner on or before April 15 of each year. (b) The return shall be separately sworn to and shall be filed by every owner of the intangible personal property taxable under this article. (c) This Code section shall not apply to intangible personal property belonging to: (1) The United States; (2) This state or any political subdivision of this state; (3) A religious, educational, or charitable organization; (4) A trust exempt from federal income taxes under Section 401 of the Internal Reve nue Code; or (5) A nonprofit cooperative association. (d) Money belonging to a person residing outside this state (except as provided in Code Section 48-6-25) shall be neither returnable nor taxable. (e)(l) It is the intent of this subsection to carry into effect the constitutional authori zation to exempt from the return and payment requirements of this article those returns on which the tax due exceeds the reasonable cost of administering the tax. (2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00.
48-6-28.
Any person including, but not limited to, an agent holding money belonging to others may make returns for the other persons and may pay the tax on the money as provided in this article when so authorized by the person owning the money.
48-6-29.
(a) Any bank or trust company organized under the laws of this state or of the United States and having on deposit money subject to taxation under this article may make a return to the commissioner of the aggregate amount of money on deposit with the bank owned by a taxpayer and may pay the tax on the money on the taxpayer's behalf when so authorized by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money it has on deposit which is subject to taxation under this article and which is owned by the taxpayer authorizing the bank to make the return. The return shall state also the amount of money having a taxable situs in each county, municipality, or special tax district in which any of the money has a taxable situs. (b) If a bank or trust company elects to make a return and pay the tax, any person hav ing money on deposit on which the bank has made a return and paid the taxes shall be deemed to have made a return of his money for taxation if he states in his return the name of the bank or trust company authorized to make a return of his money for taxation and to pay the tax on the money. (c) The amount of tax paid by any bank for a taxpayer shall be charged to the account of the taxpayer.
48-6-30.

THURSDAY, FEBRUARY 29, 1996

1573

In addition to all other penalties and interest provided by law, every taxpayer failing to return for taxation all intangible personal property which it is his duty to return as required by this article shall pay a penalty, as part of the tax imposed by this article, in an amount equal to 25 percent of the original tax on property not returned.
48-6-31. Every foreign corporation doing business or owning property in this state and each domestic corporation, when the stocks and bonds of the foreign or domestic corporation are subject to tax under this article, shall make on or before March 1 of each year a true, correct, and verified report to the commissioner. The report shall give in the form required by the commissioner the names and addresses of persons in this state who held its shares of stock or its registered bonds on the immediately preceding January 1 and, in addition, a list of stock (or, in the case of a domestic corporation, preferred stock) or registered bonds transferred from such persons between November 1 and January 1 immediately preceding the date of the return.
48-6-32. Willful failure to return any property to the commissioner for taxation as required by this article shall be a bar to any action upon the property in any court and may be pleaded as a complete defense to the action, but the holder of the property may at any time pay all taxes, accrued interest, and penalties. Payment in full shall relieve the holder from the penalty provided in this Code section.
48-6-33. Intangible personal property transferred prior to January 1 to avoid the tax imposed by this article or to secure a reduction in the rate of the tax imposed by this article is sub ject to the tax imposed by this article.
48-6-34. As soon as practicable after receipt of the returns of intangible personal property as required by this article, the commissioner shall examine each return and fix the value of that property contained in the return which can be centrally assessed.
48-6-35.
(a) The commissioner shall certify the assessments fixed pursuant to Code Section 48-6-34 to the various tax commissioners or tax receivers according to the situs of the property, such certification to be made with respect to all property listed on returns where the property is assessed for at least $5.00 or where the commissioner determines that the final assessment on all property owned in whole or in part by the taxpayer would be for at least $5.00. Each tax commissioner or tax receiver shall record the value certified by the commissioner, shall assess all property certified but not assessed, and shall cause the aggregate assessments so fixed to be entered on a separate intangible personal property tax digest of the county. (b) At or before the time certification is made to local officials, the commissioner shall notify the taxpayer of the assessment. The taxpayer shall have 15 days within which he may offer objections. (c) The commissioner, in the event of an error, may make a corrected certification. In no event shall such a correction be made after the tax has become delinquent under this article.
48-6-36. Notwithstanding the fact that the assessment of all intangible personal property is fixed by the commissioner, the tax receiver or tax commissioner shall be entitled for his ser vices to his usual commissions as though he himself made the assessment.
48-6-37. The taxes on property imposed by this article at the rates fixed in this article shall be collected by the tax commissioners or tax collectors, subject to the provisions of law as to remuneration of the tax commissioner or tax collector and subject to all the remedies

1574

JOURNAL OF THE HOUSE,

provided by law for enforcement or collection of real and tangible personal property taxes.
48-6-38.
In all applications to restrain or enjoin the collection of any tax imposed by this article, the judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the tax commissioner or tax col lector in double the amount of the tax the collection of which is sought to be enjoined. The bond shall be approved by the clerk of superior court and shall be conditioned to pay the tax in the event the petitioner does not finally prevail in his effort to resist the payment of the tax. If the petitioner does not finally prevail, the tax commissioner or tax collector shall bring an action on the bond and shall distribute the amount recovered pursuant to Code Sections 48-6-39, 48-6-40, and 48-6-41.
48-6-39.
The tax commissioner or tax collector, on the basis of his records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected from each owner of intangible personal property between the state and the various local tax districts in the manner provided in this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article.
48-6-40.
Revenue derived from taxes on intangible personal property shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the intangible personal property from which the revenue is derived. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal property on which the intangible tax was collected. The revenue dis tributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipal ity for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this arti cle shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities.
48-6-41.
In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article.
48-6-42.
The schedules required by this article to be filed with the commissioner shall be subject to hearings and appeals in all respects as provided by law for income taxes.
48-6-43.
The intangible personal property tax digest, returns, and related records shall be confi dential and shall not be subject to inspection by any person other than authorized per sonnel of appropriate tax administrators. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any adminis trative or court proceeding.

THURSDAY, FEBRUARY 29, 1996

1575

48-6-44. (a) It shall be unlawful for any person willfully to violate any provision of this article or willfully to fail to do any act required of him by this article. (b) Any person who violates subsection (a) of this Code section shall be guilty of a mis demeanor.", and inserting in lieu thereof the following:
"ARTICLE 2 RESERVED".
SECTION 4. Said title is further amended by striking in its entirety Code Section 48-6-63, relating to ad valorem taxation of short-term notes secured by real estate, and inserting in lieu thereof a new Code Section 48-6-63 to read as follows:
"48-6-63. Reserved, (a) Short-term notes secured by rest estate shatt be subject te ad- valorem ta*-

tHHt 48 6 28. Y&7--jNottiiii^ cont>Qined itt tftis OOQ.C section sn&ii i&c const1uco. TO pccjuife me p&ymont Or flu. vftloFcni tflxcs on snort*term notcs by ftny institutions cxemp16d oy Article z of

SECTION 5. Said title is further amended by striking subsection (a) of Code Section 48-6-64, relating to tax on certain notes, and inserting in its place a new subsection (a) to read as follows:
"(a) The tax required by this article to be paid on instruments securing long-term notes secured Dy rcfli estflte flnd tiic ftd vfliorem tflx pccjuircd oy tnis flPticie TO T&C ptud on ahort-tcfm notca accurcd by real catatc shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this article by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property."
SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 48-6-72, relating to collection and distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting officer of each county and said officer shall make the distributions in the same manner as provided in Article 3 ef- this chapter Code Section 48-6-8."
SECTION 7. Said title is further amended by striking in its entirety Code Section 48-6-74, relating to the distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new Code Section 48-6-74 to read as follows:
"48-6-74.
All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust prop erty shall be distributed among the state, county, and municipality in which the real property is located in the same proportion that revenues derived treat the intangible
provided in Code Section 48-6-8. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties."
SECTION 8. Said title is further amended by striking in its entirety division (b)(7)(A)(ii) of Code Sec tion 48-7-21, relating to the taxation of corporations for income tax purposes, and inserting in lieu thereof a new division (b)(7)(A)(ii) to read as follows:

1576

JOURNAL OF THE HOUSE,

"(ii) No depository financial institution^ as defined Code Section 18 6 20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title. As used in this division, the term:
(I) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (II) 'Depository financial institution' means a 'bank' or a 'savings and loan association.' (III) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form;".
SECTION 9. This Act shall become effective on January 1, 1997, and shall be applicable to all taxable years beginning on or after January 1, 1997.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien
Andereon YAshe 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, J Y Brush YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childere Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans E Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
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 Ponder 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
YShipp 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 E 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 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, the ayes were 167, nays 0.

THURSDAY, FEBRUARY 29, 1996

1577

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 6 was ordered immediately transmitted to the Senate.

HB 1649. By Representatives Twiggs of the 8th, Mobley of the 86th, Jenkins of the 110th, Streat of the 167th, Coker of the 31st and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to sheriffs, so as to prohibit the unauthorized use of any sher iff department's nomenclature or symbols.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to prohibit the unauthorized use of any sheriff office's nomenclature or sym bols; to provide a statement of public policy; to provide a short title; to define certain terms; to provide procedures for seeking permission to use any sheriff office's nomenclature or symbols; to authorize the sheriff to grant permission to use such nomenclature or symbols under certain circumstances; to provide for appeals; to provide for injunctive relief to restrain violations of this Act; to provide for civil damages for cer tain violations; 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. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by adding following Article 2 a new Article 3 to read as follows:
"ARTICLE 3
15-16-50. This article shall be known and may be cited as the 'Sheriff Offices' Nomenclature Act of 1996.'
15-16-51. It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any sheriffs office or with a member thereof when in fact the individual or organization is not the sheriffs office or a member thereof. Furthermore, the sheriffs office, which has provided quality law enforcement services to the citizens of this state, has established a name for excel lence in its field. This name should be protected for the sheriffs office, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any sheriff office's name or any term used to identify the sheriffs office or its mem bers without the expressed permission of the sheriff. The provisions of this article are in furtherance of the promotion of this policy.
15-16-52. As used in this article, the term:
(1) 'Badge' means any official badge used in the past or present by members of any sheriffs office. (2) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the sheriffs office to identify the office or its employees. (3) 'Office' means any sheriffs office.

1578

JOURNAL OF THE HOUSE,

(4) 'Person' means any person, corporation, organization, or political subdivision of this state. (5) 'Sheriff means the sheriff of any county in this state. (6) 'Willful violator" means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the sher iff that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful vio lation of this article, unless upon learning of the violation he or she immediately ter minates the agency or other relationship with such violator.
15-16-53. Whoever, except with the express written permission of the sheriff, knowingly uses words pertaining to such sheriffs office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publica tion; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; adver tisement, circular, book, pamphlet, or other publication; or play, motion picture, broad cast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the sheriffs office shall be in violation of this article.
15-16-54. Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the sheriffs office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publica tion; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; adver tisement, circular, book, pamphlet, or other publication; or play, motion picture, broad cast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the office without written permission from the sheriff shall be in vio lation of this article.
15-16-55. Any person wishing permission to use either sheriffs office nomenclature or symbols may request such permission in writing to the chief deputy sheriff or other person desig nated by the sheriff. Within 15 calendar days after receipt of the request, the chief dep uty sheriff shall serve notice on the requesting party of his or her recommendation to the sheriff on whether the person may use the nomenclature or the symbol. Within 30 calendar days after receipt of the recommendation of the chief deputy sheriff, the sheriff shall serve notice on the requesting party of the decision on whether the person may use the nomenclature or the symbol. If the sheriff does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 15-16-53 or 15-16-54 shall be in the discretion of the sheriff under such conditions as established by the sheriff.
15-16-56. Whenever there shall be an actual or threatened violation of Code Section 15-16-53 or 15-16-54, the sheriff shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.
15-16-57. In addition to any other relief or sanction for a violation of Code Section 15-16-53 or 15-16-54, where the violation is willful, the sheriff shall be entitled to collect a civil pen alty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the sheriff shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The sheriff shall be entitled to seek civil sanc tions in the superior court in the county of residence of the violator.
15-16-58.

THURSDAY, FEBRUARY 29, 1996

1579

Any person who has given money or any other item of value to another person due in part to such person's use of a sheriffs office nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
15-16-59. Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister YBarfoot 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, J Y Brush YBuck
Buckner 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 Y Crawford

Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs
Ehrhart Y Epps Y Evans E Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin
Harris Y Heard
Heckstall Hegstrom Y Hembree E 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 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 Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
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
Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F E Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y 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, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

1580

JOURNAL OF THE HOUSE,

HB 1484. By Representatives Twiggs of the 8th, Coleman of the 142nd, Mobley of the 86th and Perry of the llth:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the unauthorized use of any municipal, county, or volunteer fire department's nomenclature or symbols.

The following Committee substitute was read and adopted:

A BILL
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the unauthorized use of any municipal, county, or volunteer fire department's nomenclature or symbols; to provide a statement of public policy; to pro vide a short title; to define certain terms; to provide procedures for seeking permission to use any municipal, county, or volunteer fire department's nomenclature or symbols; to authorize the local governing body of any municipal, county, or volunteer fire department to grant permission to use such nomenclature or symbols under certain circumstances; to provide for appeals; to provide for injunctive relief to restrain violations of this Act; to provide for civil damages for certain violations; to provide for criminal penalties; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding following Chapter 12 a new Chapter 13 to read as follows:
"CHAPTER 13
25-13-1. This chapter shall be known and may be cited as the 'Municipal, County, and Volunteer Fire Departments Nomenclature Act of 1996.'
25-13-2. It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any municipal, county, or volunteer fire department or with a member thereof when in fact the individual or organization is not the municipal, county, or volunteer fire department or a member thereof. Furthermore, the municipal, county, or volunteer fire department, which pro vides quality fire protection and safety services to the citizens of this state, has estab lished a name for excellence in its field. This name should be protected for the department, its members, and the citizens of this state. Therefore, no person or organi zation should be allowed to use any municipal, county, or volunteer fire department's name or any term used to identify the department or its members without the expressed permission of the local governing body. The provisions of this chapter are in furtherance of the promotion of this policy.
25-13-3.
As used in this chapter, the term: (1) 'Badge' means any official badge used in the past or present by members of municipal, county, or volunteer fire departments. (2) 'Department' means any municipal, county, or volunteer fire department. (3) 'Director of public safety' means the director of public safety for any municipal, county, or volunteer fire department. (4) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees. (5) 'Fire chief means the fire chief for any municipal, county, or volunteer fire department.

THURSDAY, FEBRUARY 29, 1996

1581

(6) 'Fire department' means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. Such term also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards. (7)'Local governing body' means, for a county, a county governing authority as defined in Code Section 1-3-3; for a municipal corporation, the governing authority of a municipal corporation as set forth in the municipal corporation's charter; or, for a vol unteer fire department, the board of directors or other governing body of such depart ment by whatever name called. (8) 'Person' means any person, corporation, organization, or political subdivision of this state. (9) 'Volunteer fire department' means a fire department which has been issued a cer tificate of compliance pursuant to Article 2 of Chapter 3 of this title and which con sists of uncompensated or part-time firefighters. (10) 'Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the fire chief, the director of public safety, or the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and shall be consid ered in willful violation of this chapter, unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator.
25-13-4.
Any person who uses words pertaining to a particular municipal, county, or volunteer fire department in connection with the planning, conduct, or execution of any solicita tion; advertisement, circular, book, pamphlet, or other publication; or play, motion pic ture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter.
25-13-5.
Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or exe cution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a man ner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter.
25-13-6.
Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the fire chief or director of public safety. Within 15 calendar days after receipt of the request, the fire chief or director of public safety shall send a notice with his or her recommendation to the local governing body stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the fire chief or director or public safety, the local governing body shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or sym bol. If the local governing body does not respond within the 30 day time period, then

1582

JOURNAL OF THE HOUSE,

the request is presumed to have been denied. The grant of permission under Code Sec tion 35-10-4 or 35-10-5 shall be in the discretion of the local governing body under such conditions as the local governing body may impose.
25-13-7. Whenever there shall be an actual or threatened violation of Code Section 25-13-4 or 25-13-5, the local governing body shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.
25-13-8. In addition to any other relief or sanction for a violation of Code Section 25-13-4 or 25-13-5 and where the violation is willful, the local governing body shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the local governing body shall be entitled to recover rea sonable attorney's fees for bringing any action against the violator. The local governing body shall be entitled to seek civil sanctions in the superior court in the county of resi dence of the violator.
25-13-9. Any person who has given money or any other item of value to another person due in part to such person's use of the nomenclature or symbol of a department in violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
25-13-10. Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
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, J Y Brush

Y Buck Buckner
Y Bunn
Y Burkhalter Y Byrd
Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y 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 Goodwin Y Greene Y Grindley Y Manner

Y Harbin Y Harris Y Heard
Heckstall 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 Y Kaye Y Kinnamon
Klein Y Ladd
Y Lakly Y Lane
Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney

THURSDAY, FEBRUARY 29, 1996

1583

Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham
Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter

Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan

YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow

Y Stallings Y Stancil, F E 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
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, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 713. By Representative Twiggs of the 8th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of any municipal or county police department's nomenclature or symbols.

The following Committee substitute was read:

A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of any municipal or county police department's nomenclature or symbols; to provide a statement of public policy; to provide a short title; to define certain terms; to provide procedures for seeking permission to use any municipal or county police department's nomenclature or symbols; to authorize the chief of police or director of public safety or any municipal or county police depart ment to grant permission to use such nomenclature or symbols under certain circum stances; to provide for appeals; to provide for injunctive relief to restrain violations of this Act; to provide for civil damages for certain violations; to provide for criminal penalties; to provide certain exemptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking in its entirety Chapter 10, known as the "Law Enforcement Integrity Act of 1994," and inserting in lieu thereof a new Chapter 10 to read as follows:
"CHAPTER 10
35-10-1. This chapter shall be known and may be cited as the 'Municipal and County Police Departments' Nomenclature Act of 1996.'
35-10-2. It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any municipal or

1584

JOURNAL OF THE HOUSE,

county police department or with a member thereof when in fact the individual or orga nization is not the municipal or county police department or a member thereof. Further more, the municipal or county police department, which has provided quality law enforcement services to the citizens of this state, has established a name for excellence in its field. This name should be protected for the department, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any municipal or county police department's name or any term used to identify the depart ment or its members without the expressed permission of the chief administrative officer of the department. The provisions of this chapter are in furtherance of the promotion of this policy.
35-10-3.
As used in this chapter, the term: (1) 'Badge' means any official badge used in the past or present by members of municipal or county police departments. (2) 'Chief of police' means the chief of police for any municipal or county police department. (3) 'Department' means any municipal or county police department. (4) 'Director of public safety' means the director of public safety for any municipal or county police department. (5) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees. (6) 'Person' means any person, corporation, organization, or political subdivision of this state. (7) 'Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the chief of police or director of public safety that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this chapter, unless upon learn ing of the violation he or she immediately terminates the agency or other relationship with such violator.
35-10-4.
Whoever, except with the express written permission of the chief of police or director of public safety, knowingly uses words pertaining to a particular municipal or county police department in connection with the planning, conduct, or execution of any solicita tion; advertisement, circular, book, pamphlet, or other publication; or play, motion pic ture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department shall be in violation of this chapter.
35-10-5.
Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or exe cution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a man ner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the chief of police or director of public safety shall be in violation of this chapter.
35-10-6.
Any person wishing permission to use the nomenclature or symbols of a department may submit a written request for such permission to the chief of police or director of public

THURSDAY, FEBRUARY 29, 1996

1585

safety. The chief of police or director of public safety shall send a notice to the request ing party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the chief of police or director of public safety does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the chief of police or director of public safety under such conditions as the chief of police or director of public safety may impose. If the chief of police or director of public safety denies such request and the person making such request reasonably believes that the chief of police or director of public safety has acted in bad faith or based such decision on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on lim ited terms, file an appeal with the municipal or county governing authority. The matter will then be considered before the governing authority, but the burden of proof will be with the person making the request to show that the request was improperly denied or limited.
35-10-7. Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 35-10-5, the chief of police or director of public safety shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.
35-10-8. In addition to any other relief or sanction for a violation of Code Section 35-10-4 or 35-10-5, where the violation is willful, the chief of police or director of public safety shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the chief of police or director of public safety shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The chief of police or director of public safety shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator.
35-10-9. Any person who has given money or any other item of value to another person due in part to such person's use of department nomenclature or symbols in violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
35-10-10. Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense.
35-10-11. The provisions of this Act shall not apply to any official publication of the organizations which are designated to have input into the appointment of members of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia as provided in subsection (h) of Code Section 47-16-21 or the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund as provided in subsection (f) of Code Section 47-17-20."
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:

1586

JOURNAL OF THE HOUSE,

Representative Coleman of the 142nd moves to amend the Committee substitute to HB 713 by adding on line 15 of page 1 between the word "provide" and the word "for" the following:
"that no law enforcement agency shall enforce the traffic laws of this state or any traffic ordinances with any name on its vehicles other than the name of the applicable county or municipality or the state; to provide".
By striking the quotation marks at the end of line 19 of page 5 and adding between lines 19 and 20 on page 5 the following:
"35-10-12.
No law enforcement agency shall enforce the traffic laws of this state or any traffic ordi nances with any name on its vehicles other than the name of the applicable county or municipality or the state.'"

The following amendment was read:

Representative Williams of the 114th moves to amend the Committee substitute to HB 713 as follows:
Page 5 line 18 after the word fund insert the word and any nonprofit law enforcement association registered with the Secretary of State as provided in subsection (f) of Code Section 47-17-20.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
NAshe N Bailey N Baker Y Bannister NBarfoot
N Bargeron Y Barnard N Barnes N Bates N Benefield
Birdsong N Bordeaux N Bostick Y Breedlove
N Brooks, D N Brooks, T N Brown, J
Brush NBuck
Buckner Bunn Burkhalter YByrd N Campbell N Canty N Carter N Chambless
N Channel! N Childers N Coker N Coleman, B N Coleman, T N Connell Y Crawford

N Crews Y Culbreth N Cummings
N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G NDix N Diion, H N Dixon, S N Dobbs
Ehrhart NEpps N Evans Y Falls
Felton N Floyd N Godbee N Golden YGoodwin Y Greene Y Grindley
Banner Y Harbin N Harris N Heard
Heckstall
Hegstrom Y Hembree E Henson N Holland
N Holmes N Howard N Hudson N Hugley

N Irvin N James N Jamieson
Jenkins Y Johnson, G N Johnson, J N Johnston N Jones N Joyce
Kaye
N Kinnamon Y Klein
Ladd N Lakly NLane N Lawrence NLee Y Lewis Y Lifsey YLord N Lucas
Maddox N Mann N Martin N McBee N McCall
McClinton McKinney N Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal Orrock N Parham

N Parrish Y Parsons N Pelote N Perry
Pinholster
N Polak Ponder
N Porter Y Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph NRay N Reaves N Reichert N Roberts N Rogers
N Royal N Sanders N Sauder N Scoggins N Shanahan NShaw
Sherrill
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P
Smith, T N Smith, V

On the adoption of the amendment, the ayes were 29, nays 119.

Smith, W Smyre Y Snelling YSnow N Stallings N Stancil, F E Stancil, S Stanley, L Stanley, P N Stephenson Y Streat N Taylor
NTeague N Teper N Thomas NTillman N Titus N Towery N Trense
Tumquest NTwiggs
Walker, L
N Walker, R.L Wall
N Watson N Watts N Westmorland N Whitaker N White Y Wiles N Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

THURSDAY, FEBRUARY 29, 1996

1587

The amendment was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell 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 YGodbee Y Golden Y Goodwin
Y Greene Y Grindley Y Hanner Y Harbin Y Harris 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
Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Parsons Pelote
Y Perry Y Pinholster Y Polak
Ponder 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
Simpson Y Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F E 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 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, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Smith of the 175th 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 1632.

By Representatives Skipper of the 137th and Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the "Fair Business Practices Act of 1975," so as to change definitions and references relating to promotional giveaways; to eliminate the requirement that certain disclosures be made to winners of promotions.

The following Committee substitute was read:

1588

JOURNAL OF THE HOUSE,

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the "Fair Business Practices Act of 1975," so as to change definitions and references relating to promotional giveaways; to eliminate the requirement that certain disclosures be made to winners of promotions; to provide that promotions shall not include a requirement that the winner pay additional money to receive the promotion; to provide consumers unlimited time to void a promotion contract; to make editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the "Fair Business Practices Act of 1975," is amended by striking Code Sections 10-1-392 and 10-1-393, relating to definitions and intentional violations of the Act and examples of unfair or deceptive practices in consumer transactions, respectively, and inserting in lieu thereof new Code sections to read as fol lows:
"10-1-392.
(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (1.1) 'Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the facil ity at fixed times or intervals in the future, but shall not include any such arrange ment which is regulated under Article 5 of Chapter 3 of Title 44. (1.3) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career con sulting firm' does not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency reg ulated under Chapter 10 of Title 34. (2) 'Consumer acts or practices' means acts or practices intended to encourage con sumer transactions. (3) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, ser vices, or property, real or personal, primarily for personal, family, or household pur poses. (4) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data stor age and retrieval systems, of any book, record, report, memorandum, paper, communi cation, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5) 'Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect of any such documentary material. (5.1) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be

THURSDAY, FEBRUARY 29, 1996

1589

a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the busi ness, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (6) 'Health spa' means an establishment which provides, as one of its primary pur poses, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following:
(A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medi cine; or (C) Any such establishment operated by a health care facility, hospital, intermedi ate care facility, or skilled nursing care facility. (6.1) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility.
(6.2) 'Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primar ily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44.
(6.3) 'Office' means any place where business is transacted, where any service is sup plied by any person, or where any farm is operated.
(6.4) 'Office supplier" means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm.
(6.5) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property are purchased, leased, or rented by the office or farm for purposes of reselling them to other persons.
(7) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
(8) 'Promotion' 'Promotional giveaway,' 'promotional contest,' er 'promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes, gifts, awards, or other items? including btrt et limited te items fer which there is a* attempt te eiwrge a nominal amount, are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denomi nated, in order to receive the prize, gift, award, or other item or to determine which, if any, prize, gift, award, or other item they will receive. Promotional giveaways and contests Promotions shall not include any procedure where the receipt of the prize, gift, award, or other item is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize, gift, award, or other item does not involve an element of chance. Any procedure where the receipt of the prize, gift, award, or other item is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the

1590

JOURNAL OF THE HOUSE,

receipt of that prize, gift, award, or other item involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Geor gia or the Georgia Lottery Corporation as authorized by law. (9) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affect ing the people of the state. (b) An 'intentional violation' occurs when the person committing the act or practice knew that his or her conduct was in violation of this part. Maintenance of an act or practice specifically designated as unlawful in subsection (b) of Code Section 10-1-393 after the administrator gives notice that the act or practice is in violation of the part shall be prima-facie evidence of intentional violation. For the purposes of this subsec tion, the administrator gives notice that an act or practice is in violation of this part by the adoption of specific rules promulgated pursuant to subsection (a) of Code Section 10-1-394 and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this part; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this state with sufficient assets to respond to a judgment under this part, unless such alleged violator has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the administrator.
10-1-393. (a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful. (b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful:
(1) Passing off goods or services as those of another; (2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another; (4) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifi cally declared to be unlawful for any nonlocal business to publish in any local tele phone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the business. For purposes of this paragraph, the term:
(A) 'Local' or 'local area' refers to the area in which any particular telephone classi fied advertising directory is distributed free of charge to some or all telephone ser vice subscribers. (B) 'Local telephone classified advertising directory' refers to any telephone classi fied advertising directory which is distributed free of charge to some or all tele phone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other par ties. (C) 'Local telephone number' refers to any telephone number which is not clearly identifiable as a long-distance telephone number and which has a three-number pre fix typically used by the local telephone service company for telephones physically located within the local area. (D) 'Nonlocal business' refers to any business which does not have within the local area a physical place of business providing the goods or services which are the sub ject of the advertisement in question; (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have;

THURSDAY, FEBRUARY 29, 1996

1591

(6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) Representing that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another; (8) Disparaging goods, services, or business of another by false or misleading represen tation; (9) Advertising goods or services with intent not to sell them as advertised; (10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions; (12) Failing to comply with the provisions of Code Section 10-1-393.2 concerning health spas; (13) Failure to comply with the following provisions concerning career consulting firms:
(A) A written contract shall be employed which shall constitute the entire agree ment between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm; (B) The contract or an attachment thereto shall contain a statement in boldface type which complies substantially with the following:
'The provisions of this agreement have been fully explained to me and I under stand that the services to be provided under this agreement by the seller do not include actual job placement.' The statement shall be signed by both the consumer and the authorized representa
tive of the seller; (C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: 'A career consulting firm does not guarantee actual job placement as one of its services.'; (14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his or her legal representative, not later than six business days after the date of such discharge, an itemized statement of all charges for which the patient or third-party payor is being billed; (15) Any violation of 49 U.S.C. Sections 32702 through 32704 and any violation of reg ulations prescribed under 49 U.S.C. Section 32705. Notwithstanding anything in this part to the contrary, all such actions in violation of such federal statutes or regula tions shall be consumer transactions and consumer acts or practices in trade or com merce; (16) Failure to comply with the following provisions concerning promotional giveaways er contests promotions: (A) For purposes of this paragraph, the term:
(i) 'Conspicuously,' when referring to type size, means either a larger or bolder type than the adjacent and surrounding material. (ii) 'In conjunction with and in immediate proximity to,' when referring to a list ing of verifiable retail value and odds for each prize, means that such value and odds must be adjacent to that particular prize with no other printed or pictorial matter between the value and odds and that listed prize. (iii) 'Notice' means a written or oral communication containing aH ef- the diseloHC9 required by this paragraph te be received by a- participant that a consumer
has been selected to participate in a promotion. (iv) 'Participant' means a person who is offered an opportunity to participate in a promotion.
(v) 'Prize' means a gift, award, or other item to be distributed in a promotion,
(vi) 'Promoter' means the person conducting the promotion, (vii) 'Sponsor' means the person on whose behalf the promotion is conducted in order to promote or advertise the goods, services, or property of that person,
(viii) 'Verifiable retail value,' when referring to a prize, means:

1592

JOURNAL OF THE HOUSE,

(I) The price at which the promoter or sponsor can substantiate that a substan tial number of those prizes have been sold at retail by someone other than the promoter or sponsor; or (II) In the event that substantiation as described in subdivision (I) of this divi sion is not readily available to the promoter or sponsor, no more than three times the amount which the promoter or sponsor has actually paid for the prize. (A.I) Persons who are offered an opportunity to participate in a promotion must be given a notice as required by this paragraph. The notice must be in the hands of the participant either prior to the person's traveling to the place of business or, if no travel by the participant is necessary, prior to any seminar, sales presentation, or other presentation, by whatever name denominated. Notices may be delivered by hand, by mail, by newspaper, or by periodical. Any offer to participate made through any other medium must be preceded by or followed by the required written notice at the required time. It is the intent of this paragraph that full, clear, and meaningful disclosure shall be made to the participant in a manner such that the
participant can fully study and understand the disclosure prior to deciding whether to travel to the place of participation or whether to allow a presentation to be made in the participant's home; and that this paragraph be liberally construed to effect
this purpose. The notice requirements of this paragraph shall be applicable to any promotion offer made by any person in the State of Georgia or any promotion offer
made to any person in the State of Georgia; (B) The promotional giveaway ef contest promotion must be an advertising and promotional undertaking, in good faith, solely for the purpose of advertising the goods, services, or property, real or personal, of the sponsor. The notice shall con tain the name and address of the promoter and of the sponsor, as applicable. The
promoter and the sponsor may be held liable for any failure to comply with the pro visions of this paragraph; (C) A Notwithstanding that a promotion in which there is a nominal charge fer et prize is subject te regulation and** this paragraph, that promotion shall be a viola
tion of this paragraph if a person is required to pay or furnish any consideration, other than the consideration of traveling to the place of business or to the presenta tion or of allowing the presentation to be made in the participant's home, in order
to receive any prize; (D) Each notice must state the verifiable retail value of each prize which the partic
ipant has a chance of receiving. Each notice must state the odds of the participant's receiving each prize if there is an element of chance involved. The odds must be clearly identified as 'odds.' Odds must be stated as the total number of that particu lar prize which will be given and of the total number of notices. The total number
of notices shall include all notices in which that prize may be given, regardless of whether it includes notices for other sponsors. If the odds of winning a particular prize would not be accurately stated on the basis of the number of notices, then the
odds may be stated in another manner, but must be clearly stated in a manner which will not deceive or mislead the participant regarding the participant's chance of receiving the prize. The verifiable retail value and odds for each prize must be
stated in conjunction and in immediate proximity with each listing of the prize in each place where it appears on the notice and must be listed in the same size type and same boldness as the prize. Odds and verifiable retail values may not be listed
in any manner which requires the participant to refer from one place in the notice to another place in the notice to determine the odds and verifiable retail value of the particular prize. Verifiable retail values shall be stated in Arabic numerals;
(E) Upon arriving at the place of business or upon allowing the sponsor to enter the participant's home, the participant must be immediately informed which, if any, prize the participant will receive prior to any seminar, sales presentation, or other presentation; and the prize, or any voucher, certificate, or other evidence of obliga
tion in lieu of the prize, must be given to the participant at the time the participant is so informed; (F) No participant shall be required or invited to view, hear, or attend any sales presentation, by whatever name denominated, unless such requirement or invitation

THURSDAY, FEBRUARY 29, 1996

1593

has been conspicuously disclosed to the participant in the notice in at least ten-

point boldface type;

(G) In the no event shall any prize is be offered or given which will require the par

ticipant to purchase additional goods or services, including shipping fees, handling

fees, or any other charge by whatever name denominated, from any person in order

to make the prize conform to what it reasonably appears to be in the mailing or

delivery; such requirement and the additional cost te the participant must fee eteariy

disclosed IR eflcft piftcc wiicrc unc prize ts iis ecu tft t/tic noticcj wiis disclosure stisii

be made by using the following appropriately completed statement;

You must pfty <p_

tfi order to fcceivc ttiis itGiftr"

This statement shall be t the same size type ad same boldness as the prize listed;

(H) Any limitation on eligibility of participants must be clearly disclosed in the

notice;

(I) Substitutes of prizes shall not be made. In the event the represented prize is

unavailable, the participant shall be presented with a certificate which the sponsor

shall honor within 30 days by shipping the prize, as represented in the notice, to

the participant at no cost to the participant. In the event a certificate cannot be

honored within 30 days, the sponsor shall mail to the participant a valid check or

money order for the verifiable retail value which was represented in the notice;

(J) In the event the participant is presented with a voucher, certificate, or other

evidence of obligation as the participant's prize, or in lieu of the participant's prize,

it shall be the responsibility of the sponsor to honor the voucher, certificate, or

other evidence of obligation, as represented in the notice, if the person who is

named as being responsible for honoring the voucher, certificate, or other evidence

of obligation fails to honor it as represented in the notice;

(K) The geographic area covered by the notice must be clearly stated. If any of the

prizes may be awarded to persons outside of the listed geographical area or to par

ticipants in promotions for other sponsors, these facts must be clearly stated, with

a corresponding explanation that every prize may not be given away by that partic

ular sponsor. If prizes will not be awarded or given if the winning ticket, token,

number, lot, or other device used to determine winners in that particular promotion

is not presented to the promoter or sponsor, this fact must be clearly disclosed;

(L) Upon request of the administrator, the sponsor or promoter must within ten

days furnish to the administrator the names, addresses, and telephone numbers of

persons who have received any prize;

(M) A list of all winning tickets, tokens, numbers, lots, or other devices used to

determine winners in promotional contests promotions involving an element of

chance must be prominently posted at the place of business or distributed to all

participants if the seminar, sales presentation, or other presentation is made at a

place other than the place of business. A copy of such list shall be furnished to each

participant who so requests;

(N) Any promotion involving an element of chance which does not conform with

the provisions of this paragraph shall be considered an unlawful lottery as defined

in Code Section 16-12-20. The administrator may seek and shall receive the assist

ance of the prosecuting attorneys of this state in the commencement and prosecu

tion of persons who promote and sponsor promotions which constitute an unlawful

lottery;

(0) Any person who participates in a promotional giveaway er contest promotion

and does not receive an item which conforms with what that person, exercising ordi

nary diligence, reasonably believed that person should have received based upon the

representations made to that person may bring the private action provided for in

Code Section 10-1-399 and, if that person prevails, shall be awarded, in addition to

any other recovery provided under this part, a sum which will allow that person to

purchase an item at retail which reasonably conforms to the prize which that per

son, exercising ordinary diligence, reasonably believed that person would receive;

and

(P) In addition to any other remedy provided under this part, where a contract is

entered into while participating in a promotional giveaway er contest promotion

1594

JOURNAL OF THE HOUSE,

which does not conform with this paragraph, the contract shall be voidable by the p&riicipflnt- ior seven Dusincss uflys toiiowing tne Ofltc of til contpflct. in order to void the contract, the participant must notify the sponsor in writing within sevea business days following the signing ef- the contract; (17) Failure to furnish to the buyer of any campground membership or marine mem bership at the time of purchase a notice to the buyer allowing the buyer seven days to cancel the purchase. The notice shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows:
'Notice to the Buyer
Please read this form completely and carefully. It contains valuable cancellation rights. The buyer or buyers may cancel this transaction at any time prior to 5:00 P.M. of the seventh day following receipt of this notice. This cancellation right cannot be waived in any manner by the buyer or buyers. Any money paid by the buyer or buyers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and mail by certified mail, return receipt requested, by 5:00 P.M. of the seventh day following the transaction. Be sure to keep a photocopy of the signed form and your post office receipt.

Seller's Name

Address to which cancellation is to be mailed

I (we) hereby cancel this transaction.

Buyer's Signature

Buyer's Signature

Date

Printed Name(s) of Buyer(s)

Street Address

City, State, ZIP Code'
(18) Failure of the seller of a campground membership or marine membership to fill in the seller's name and the address to which cancellation notices should be mailed on the form specified in paragraph (17) of this subsection; (19) Failure of the seller of a campground membership or marine membership to can cel according to the terms specified in the form described in paragraph (17) of this subsection;
(20) (A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property and any such misrepresentation upon which is based the execution of a quitclaim deed or warranty deed by that debtor shall authorize that debtor to bring an action to

THURSDAY, FEBRUARY 29, 1996

1595

reform such deed into a deed to secure debt in addition to any other right such debtor may have to cancel the deed pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. (B) Advertising to assist debtors whose loan for property the debtors use as a dwell ing place is in default with intent not to assist them as advertised or making false or misleading representations to such a debtor about assisting the debtor in connec tion with said property. (C) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase:
(i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive; (ii) This contract shall contain a statement in boldface type which complies sub stantially with the following:
'The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.' This statement shall be signed by the debtor and the buyer; (iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it; and (iv) The buyer shall furnish to the seller at the time of closing a notice to the seller allowing the seller ten days to cancel the purchase. This right to cancel shall not limit or otherwise affect the seller's right to cancel pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. The notice shall serve as the cover sheet to the closing documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows:
'Notice to the Seller
Please read this form completely and carefully. It contains valuable cancellation rights. The seller or sellers may cancel this transaction at any time prior to 5:00 P.M. of the tenth day following receipt of this notice. This cancellation right cannot be waived in any manner by the seller or sellers. Any money paid to the seller or sellers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and return it to the buyer by 5:00 P.M. of the tenth day following the transaction. It is best to mail it by certified mail, return receipt requested, and to keep a photocopy of the signed form and your post office receipt.

Buyer's Name

Address to which cancellation

is to be returned I (we) hereby cancel this transaction.

1596

JOURNAL OF THE HOUSE,

Seller's Signature
Seller's Signature
Date
Printed Name(s) of Seller(s)
Street Address
City, State, ZIP Code' (D) The provisions of subparagraph (C) of this paragraph shall only apply where all three of the following conditions are present:
(i) A loan on the property used as a dwelling place is in default; (ii) The debtor transfers the title to the property by quitclaim deed, limited war ranty deed, or general warranty deed; and (iii) The debtor remains in possession of the property under a lease or as a tenant at will; (21) Advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than a regular charge imposed for long-distance telephone service, unless the advertisement contains the name, address, and telephone number of the person responsible for the advertise ment and unless the person's telephone number and the per-call charge is printed in type of the same size as that of the number being advertised; (22) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that: (A) A person is a winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a winner or select group will receive an opportunity or prize, when in fact the enterprise is a promotional scheme designed to make contact with prospec tive customers, or in which all or a substantial number of those entering such com petitive enterprise receive the same prize or opportunity; or (B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise dis tributed unless: (i) The item represented includes all transportation, meals, and lodging; or (ii) The representation specifically describes any transportation, meals, or lodging which are not included. The provisions of this paragraph shall not apply where the party making the repre sentations is in compliance with paragraph (16) of this subsection; (23) Except as provided at paragraph {16} ef this aubacction, ne participant shall be FCQUI?U T pureriftse ftny SQuition&i good9 of services tft order to cjuftliiy for the OIICPCQ. IR tiic promotions! givcftwfty p contest. Any promotion wnicn fec[uipeis ft
te have been awarded te such person shall be unlawful Stating, in writing or by tele phone, that a person has won, is the winner of, or will win or receive anything of value, unless the person will receive the prize without obligation;
(24)(A) Conducting a going-out-of-business sale for more than 90 days. (B) After the 90 day time limit in subparagraph (A) of this paragraph has expired, continuing to do business in any manner contrary to any representations which were made regarding the nature of the going-out-of-business sale.

THURSDAY, FEBRUARY 29, 1996

1597

(C) The prohibitions of this paragraph shall not extend to any of the following: (i) Sales for the estate of a decedent by the personal representative or his the personal representative's agent, according to law or by the provisions of the will; (ii) Sales of property conveyed by security deed, deed of trust, mortgage, or judg ment or ordered to be sold according to the deed, mortgage, judgment, or order; (iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under Iris the seller's control on or belonging to tris the seller's real or personal estate and not purchased or sold for speculation; (iv) All sales under legal process; (v) Sales by a pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law; or (vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia;
(25) The issuance of a check or draft by a lender in connection with a real estate transaction in violation of Code Section 44-14-13; (26) With respect to any individual or facility providing personal care services:
(A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for ser vices authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services.
The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;
(27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize, award, or other item in a promotion, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is an element of chance in winning a prize, award, or other item, the odds of winning as 'odds';
(28) Any violation of the rules and regulations promulgated by the Department of Human Resources pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources shall retain primary jurisdiction over such complaints; or
(29) With respect to any individual or facility providing home health services:
(A) For any person or entity not duly licensed by the Department of Human Resources as a home health agency to regularly hold itself out as a home health agency; or
(B) For any person or entity not duly licensed by the Department of Human Resources as a home health agency to utilize the words 'home health' or 'home health services' in any manner including but not limited to advertisements, bro chures, or letters. Unless otherwise prohibited by law, nothing in this subparagraph shall be construed to prohibit persons or entities from using the words 'home health' or 'home health services' in conjunction with the words 'equipment,' 'durable medi cal equipment,' 'pharmacy,' 'pharmaceutical services,' 'prescription medications,' 'infusion therapy,' or 'supplies' in any manner including but not limited to adver tisements, brochures, or letters. An unlicensed person or entity may advertise under

1598

JOURNAL OF THE HOUSE,

the category 'home health services' in any advertising publication which divides its advertisements into categories, provided that:
(i) The advertisement is not placed in the category with the intent to mislead or deceive; (ii) The use of the advertisement in the category is not part of an unfair or deceptive practice; and (iii) The advertisement is not otherwise unfair, deceptive, or misleading. For purposes of this paragraph, the term 'home health agency' shall have the same definition as contained in Code Section 31-7-150, as now or hereafter amended. The provisions of this paragraph shall be enforced by the administrator in consultation with the Department of Human Resources; provided, however, that the administrator shall not have any responsibility for matters or functions related to the licensure of home health agencies. (c) A seller may not by contract, agreement, or otherwise limit the operation of this part notwithstanding any other provision of law. (d) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or decep tive acts or practicesy shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. Nothing contained in this subsection shall be construed to prevent the subject of the complaint, or any other person to whom disclosure to the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Skipper of the 137th moves to amend the Committee substitute to HB 1632 by striking from lines 32 through 36 on page 8 the following:
"(iii) 'Notice' means a written or oral communication containing H ef tfee disclo sures required by this paragraph te be received by a- participant that a consumer has been selected to participate in a promotion.",
and inserting in lieu thereof the following:
"(iii) 'Notice' means a written communication containing aH of the disclosures required by this paragraph to be received by a participant given to a consumer that has been selected, or has purportedly been selected, to participate in a pro motion. If the original notice is in writing, it shall include all of the disclosures required by this paragraph. If the original notice is oral, it shall include all of the disclosures required by this paragraph and shall be followed by a written notice to the consumer of the same disclosures. In all cases, written notice shall be received by the consumer before any agreement or other arrangement is entered into which obligates the consumer in any manner."

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:

THURSDAY, FEBRUARY 29, 1996

1599

Y Alien Andereon
Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner YBunn
Burkhalter
YByrd Y Campbell Y Canty Y Carter
Chambless Y ChanneU Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cununings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii 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
Y Heard Heckstall
Y Hegstrom Y Hembree E Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley

Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
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 Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Postal Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Rogers
Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre
Snelling YSnow Y Stallings Y Stancil, F E Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas Y Tillman
Titus Y Towery Y Trense
Turnquest 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, by substitute, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 924 was withdrawn from the Rules Calendar and recom mitted to the Committee on Industry.

HR 1016. By Representatives Watts of the 26th and Murphy of the 18th: A resolution designating the Jimmy Lee Smith 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 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 988. By Representative Parham of the 122nd:
A resolution designating the Central State Hospital building on Yarbrough Drive in Milledgeville as the William Crittenden Building.

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.

1600

JOURNAL OF THE HOUSE,

HB 1328. By Representatives Snow of the 2nd and Bailey of the 93rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Anno tated, relating to the Department, commissioner, and Board of Human Resources, so as to create the Georgia Council for Welfare Administration.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department, commissioner, and Board of Human Resources, so as to create the Georgia Council for Welfare Administration; to provide for the membership, objectives, and powers of said council; to provide that no state funds shall be appropriated for the benefit or use of such council; to authorize the council to adopt bylaws and organizational procedures; to provide for the call of the initial meeting of the council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Depart ment, commissioner, and Board of Human Resources, is amended by adding following Code Section 49-2-15 a new Code Section 49-2-16 to read as follows:
"49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for the council shall be:
(1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Divi sion of Family and Children Services within the Department of Human Resources. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational struc ture, officers, terms and condition of office, meeting schedules, and such other organiza tional procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources shall call the initial meeting of the council at which time the council shall organize and select its officers."
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 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

THURSDAY, FEBRUARY 29, 1996

1601

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to authorize up to five years of creditable service for certain temporary full-time employment by the legislative branch of state gov ernment; to provide for a definition; to provide for employee contributions; to provide pro cedures for application for such credit; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employ ees' Retirement System of Georgia, is amended by adding immediately following Code Sec tion 47-2-96, relating to credit for prior service, a new Code Section 47-2-96.1 to read as follows:
"47-2-96.1.
(a) As used in this Code section, 'temporary full-time service' means employment by the legislative branch of the state government prior to January 1, 1996, on a full-time basis for less than nine months in any calendar year that did not qualify the employee to be a member of the retirement system. (b) Any member who was rendering temporary full-time service immediately prior to becoming a permanent full-time employee eligible for membership in the retirement sys tem may obtain no more than five years of creditable service for such service on a month-for-month basis, subject to the following requirements:
(1) One month of creditable service shall be granted for each 20 days of part-time ser vice, not to exceed 12 months of creditable service for all part-time service rendered during any single calendar year, and provided that no creditable service shall be granted for less than 60 days of part-time service during a calendar year; and (2) The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement sys tem if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the part-time service which is claimed as creditable service together with regular interest thereon. (c) The board of trustees shall require such proof of part-time service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1997. (e) Nothing in this Code section shall be construed as to allow any former member of the General Assembly to obtain credit for prior legislative service."
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Sec tion 47-2-334, relating to retirement benefits and requirements for members employed on or after a certain date, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

1602

JOURNAL OP THE HOUSE,

"(2) Except as otherwise provided in Code Sections 47-2-96.1, 47-2-2042 and 47-2-266 and paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contribu tions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and".
SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1442.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that such part shall not apply to certain antifreeze that is recycled, reclaimed, or repro cessed.

The following Committee substitute was read and adopted:

A BILL
To amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that such part shall not apply to certain antifreeze that is recycled, reclaimed, or reprocessed; to require certain notices; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, is amended by adding, following Code Section 10-1-208, a new Code Section 10-1-208.1 to read as follows:
"10-1-208.1. This part shall not apply to recycled, reclaimed, or reprocessed antifreeze which is phys ically or chemically treated or both to produce a product which the Environmental Pro tection Division of the Department of Natural Resources determines to be suitable for engine cooling systems. Any person who replenishes an automobile or other vehicle engine cooling system with recycled antifreeze as provided in this Code section shall, prior to servicing such vehicle, notify the vehicle operator as to the recycled nature of the product to be used."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 29, 1996

1603

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1385.

By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the governing authority of any county or municipal corporation affected by such legislation.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to gen eral provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the governing authority of any county, munici pality, or consolidated government affected by such legislation; to provide for procedures, conditions, and limitations; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provi sions relative to the General Assembly, is amended by striking in its entirety Code Section 28-1-14, relating to notice of intention to introduce local legislation, and inserting in lieu thereof the following:
"28-1-14.
(a) No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriffs advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be intro duced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as pro vided by this Code section shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill.
(b)(l) No local bill amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government or otherwise relating to a county, municipality, or consolidated government shall become law unless a copy of the notice of the intention to introduce local legislation required by subsection (a) of this Code section is mailed, transmitted by facsimile, or otherwise provided to the gov erning authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which such notice is published as provided in subsection (a) of this Code section. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the county, municipality, or consoli dated government at the official address of such governing authority shall satisfy the requirement of this subsection. If such notice is mailed, the notice requirement of this

1604

JOURNAL OF THE HOUSE,

subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. (2) An affidavit stating that such notice has been provided as required by this subsec tion shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill. (3) The notice requirement of this subsection shall not apply in the event such local bill has been requested by resolution of the governing authority of the affected county, municipality, or consolidated government. A copy of such resolution shall be attached to the bill and shall become a part of the bill. (4) This subsection shall not apply to a local bill proposing an annexation which is subject to the notice requirements of Code Section 36-36-6."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Royal of the 164th and Walker of the 141st move to amend the Commit tee substitute to HB 1385 by adding on line 31 of page 2 between the word "resolution" and the word "of" the following:
"or other written notification".
By adding on line 33 of page 2 between the word "resolution" and the word "shall" the following:
"or other written notification".

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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1736.

By Representatives Birdsong of the 123rd, Smith of the 175th, Bargeron of the 120th and Parham of the 122nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to the requirement that the Department of Public Safety keep records of applications for licenses and information on drivers' licenses and the furnishing of such information, so as to authorize the Department of Public Safety to provide access to and disseminate information from its records to the military branches of the United States Department of Defense.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1404.

By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provi sions relating to residency requirements for license applicants.

THURSDAY, FEBRUARY 29, 1996

1605

The following substitute, offered by Representative Harbin of the 113th, was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relat ing to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provisions relating to residency requirements for license applicants; to remove the minimum and maximum durations of probationary agent licenses; to change certain provisions relating to countersigning of insurance contracts by resident agents; to change certain provisions relating to commissions for countersigning of insurance contracts by resident agents; to provide for requests for review of cancellations or nonrenewals by the Commissioner and to remove the requirement for a hearing; to provide for a point-ofservice option for certain persons offered health insurance coverage through a health main tenance organization; to provide for additional payments for such option; to provide for different cost sharing provisions for such option in certain circumstances; to implement the requirements of the Social Security Act Amendments of 1994; to change certain provisions relating to insurance fraud and investigation of fraudulent insurance acts; to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change the definition of insurance fraud; to provide civil immunity to certain persons sharing information regarding fraudulent insurance acts; to change the penalty provisions for insurance fraud; to provide for related matters; to pro vide for effective dates; to provide for applicability; 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 in its entirety subparagraph (a)(3)(B) of Code Section 33-7-14, relating to reinsur ance of risks, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Submits to the authority of this state to examine its books and records. Para graph 41} Subparagraph (A) of this subsection paragraph shall not apply to reinsur ance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system;".
SECTION 2. Said title is further amended by striking in their entirety subsections (d) and (e) of Code Section 33-11-20, relating to investment in corporate obligations, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) An insurer may invest in secured and unsecured obligations of such institutions or in portions thereof, other than the obligations described in subsections (a), (b), and (c) of this Code section, which do not bear interest at a fixed rate and which may or may not have a maturity date or be evidenced by a formal certificate. Such investments must:
(1) Consist of less than 100 percent of the total obligation issued; aftd (2) Be available for liquidation by the insurer within five days from the date of a request by the insurer for the liquidation of the investmentTj and (3) Notwithstanding Code Section 33-11-37, as a total at any one time not exceed 5 percent of the insurer's admitted assets without the written approval of the Commis-
(o) Notwithstanding Code Section 33-11-37, art insurer's tetai invcstmcnta in the obliga-
th written approval ef the Commissioner."
SECTION 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 33-16-14, relating to limitations on amounts of risks retainable by farmers' mutual insur ance companies, and inserting in lieu thereof a new subsection (a) to read as follows:

1606

JOURNAL OF THE HOUSE,

"(a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule:

Amount of Insurance in Force

Maximum Risk

100,000 but less than 250,000 but less than 400,000 but less than 600,000 but less than 900,000 but less than 1,200,000 but less than 1,500,000 but less than 2,000,000 but less than 2,500,000 but less than 3,000,000 but less than 3,500,000 but less than 7,000,000 and over...........................

$ 250,000 ............................... $ 2,000

400,000 ............................... 2,500

600,000 ............................... 3,000

900,000........... 1,200,000 ...........

4&QQ 4,500
&$ee 6,000

1,500,000 ........... 2,000,000 ............

KKQQ n KQQ
6$ee 10,000

2,500,000............

7 000 12 500

3,000,000 ............ 3,500,000 ........ ...

SrOeO 15,000
9#ee 17,500

7,000,000 ...........

1 f\ (\C\f\ QC ftftft

oU,wiMJ oU.UUU

SECTION 4. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license applicants, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business;".

SECTION 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 33-23-14, relating to minimum and maximum durations of probationary agent licenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A probationary license may be issued fer a period ef et teas than tteee months and et longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing."

SECTION 6. Said title is further amended by striking in its entirety subsection (b) of Code Section 33-23-31, relating to countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All insurance contracts on risks or property or persons located or having a situs in this state shall bear the countersignature of an agent who resides H this state and is licensed pursuant to this article Code Section 33-23-5, except:
(1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce, or covering any liability or other risks incident to the ownership, maintenance, or operation thereof; (2) Any contract of property insurance upon property of railroad companies and other common carriers; (3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier; (4) Any contract of reinsurance between insurers; (5) Any contract of life or accident and sickness insurance; or

THURSDAY, FEBRUARY 29, 1996

1607

(6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project."
SECTION 7. Said title is further amended by striking in its entirety Code Section 33-23-32, relating to commissions for countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new Code Section 33-23-32 to read as follows:
"33-23-32.
Except as provided in subsection (b) of Code Section 33-23-31, all insurance contracts on risks or property located or having a situs in this state must be countersigned by a resident an agent duly licensed in accordance with this chapter Code Section 33-23-5; and, if a licensed nonresident agent participates in the effectuation of such contract, the rcaidcnt agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis."
SECTION 8. Said title is further amended by striking in its entirety subsection (o) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and procedures for hearing before the Commissioner, and inserting in lieu thereof a new sub section (o) to read as follows:
"(o) An insured may f-iie a written request for a hearing before request a review by the Commissioner if the insured believes that his or her policy has been canceled or nonrenewed in violation of this Code section. A hearing Such request must be filed with the Commissioner within 15 days of receipt of a notice of cancellation or nonrenewal. and shall be accompanied by a filing fee te fee prescribed by rie ef- the Co
tiling ice mfly DC wftived oy trie oommissioncF tft tiie event trie pflyincut of sucn
36 days ef said request unless the Commissioner determines frem the facta stated in -the FCQuest tfifit sucn. PCQuest is witnout meprtr rt written etctoFmin&tion must DC ISSUCQ Dy the Commissioner within ten days ef the date ef- the hearing. A review of the cancella tion or nonrenewal shall be conducted within 30 days of said request. The Commissioner shall notify the insured and the insurer of his or her decision within the 30 day period. During the pendency of such proceedings review, the policy shall continue in full force and effect and the Commissioner may erder the insured te tender any premiums de for such continued coverage te the Commissioner te fee held m eserew shall specify by rule or regulation the method of payment of premium due and the disposition of pre mium refunds, if any. The Commissioner shall either erder require that the policy be reinstated or renewed or may uphold the nonrenewal or cancellation and shall erder the disposition of flny pPCmmIR oftyments field tft escrow IR sccordftnce witn tnc decisiOR iR the ease. The Commissioner may atee erder such penalties as he determines are appropriate i the event ef an abusive nonrenewal er cancellation. Except as otherwise apccifi colly provided in this subsection, aH hearings conducted pursuant te this subsection shaft be conducted pursuant te provisions ef Chapter 2 ef this title, fa any hearing er investi gation conducted pursuant te this subsection, the Commissioner shall be authorized te investigftte tiie issue ot wnetnor trie insurer no.9 eftfled m ^s p8.item or prftctice "Ot improper policy nonrenewal er cancellation procedures and; m In the event ef a dctcrmi-
nowfti of cflncellfttion procedUPCs> to order sucii remedies find pcnsitles ds ne weeifts appropriate ad as are authorized fey tewr the Commissioner determines that an insurer's cancellation or nonrenewal action constitutes an unfair act or practice, the Commissioner may take action as authorized by this title."
SECTION 9. Said title is further amended by inserting a new Code section to be designated Code Sec tion 33-21-29 to read as follows:

1608

JOURNAL OF THE HOUSE,

"33-21-29.
(a) For the purposes of this Code section, (1) 'Carrier' means an insurer, a nonprofit health service plan, a health maintenance organization, a preferred provider organization, or another person or organization that provides health benefit plans subject to state regulations. Carrier includes an entity that arranges a provider panel for a carrier. (2) 'Bnrollee' means any person entitled to health care benefits from a carrier. (3) 'Point-of-service option' means a delivery system that permits a member or enrollee of a health maintenance organization to receive services outside the provider panel of the health maintenance organization under the terms and conditions of the member's or enrollee's contract with the health maintenance organization. (4) 'Provider' means a health care practitioner or a group of health care practitioners licensed or otherwise authorized by law to provide health care services. (5) 'Provider panel' means those providers with which a health maintenance organiza tion contracts to provide health care services to the health maintenance organization's members or enrollees under the carrier's health benefit plan. Provider panel does not include an arrangement between a carrier and providers in which any provider may participate solely on the basis of the provider's contracting with the carrier to provide services at a discounted fee-for-service rate.
(b) If an employer, association, or other private group arrangement offers health benefit plan coverage to employees or individuals only through a health maintenance organiza tion, the health maintenance organization with which the employer, association, or other private group arrangement is contracting for the coverage shall offer, or contract with another carrier to offer, a point-of-service option to the employer, association, or other private group arrangement in conjunction with the health maintenance organization as an additional benefit for an employee or individual at the employee's or individual's option to accept or reject. (c) Any health maintenance organization that offers a point-of-service option for a health benefit plan filed with the Commissioner shall offer, as a condition for operating in this state, such plan to all employers, associations, or other private groups, and each employer, association, or private group shall have the option to accept or reject such plan. If such plan is accepted by an employer, association, or private group, it shall be offered to all employees thereof for acceptance or rejection. An employer, association, or other private group arrangement may require an employee or individual who accepts the additional coverage under a point-of-service option to be responsible for the payment of a premium over the amount of the premium for the coverage offered by the health maintenance organization. (d) A carrier may impose different cost-sharing provisions for the point-of-service option based on whether the service is provided through the provider panel of the health main tenance organization or outside the provider panel of the health maintenance organiza tion."
SECTION 10. Said title is further amended by striking in its entirety Code Section 33-43-1, relating to definitions applicable to medicare supplement insurance, and inserting in lieu thereof a new Code Section 33-43-1 to read as follows:
"33-43-1.
As used in this chapter, the term: (1) 'Applicant' means: (A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and (B) In the case of a group medicare supplement policy, the proposed certificate holder. (2) 'Certificate' means any certificate delivered or issued for delivery in this state under a group medicare supplement policy. (3) 'Certificate form' means the form on which the certificate is delivered or issued for delivery by the inaurci1 issuer.

THURSDAY, FEBRUARY 29, 1996

1609

(4) 'Issuer' includes insurance companies, fraternal benefit societies, health care ser vice plans, health maintenance organizations, and any other entity delivering or issu ing for delivery in this state medicare supplement policies or certificates. (5) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended. (6) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 er Section 1833 of the federal Social Security Act (42 U.S.C. Sec tion 1395, et seq.) or an issued policy under a demonstration project authorized purau
1395ss(g)(l), which is advertised, marketed, or designed primarily as a supplement to reimbursement reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare. (7) 'Policy form' means the form on which the policy is delivered or issued for deliv ery by the insure? issuer."
SECTION 11. Said title is further amended by striking in its entirety Code Section 33-43-2, relating to the applicability of said chapter, and inserting in lieu thereof a new Code Section 33-43-2 to read as follows:
"33-43-2.
(a) Except as otherwise specifically provided in Code Section 88-43-4, this chapter shall apply to:
(1) All medicare supplement policies delivered or issued for delivery in this state on or after Jttly 30; 1993 April 28, 1996; and (2) All certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state. (b) This chapter shall not apply to a policy of one or more employers or labor organiza tions, or of the trustees of a fund established by one or more employers or labor organi zations or a combination thereof, for employees or former employees or a combination thereof, or for members or former members or a combination thereof of the labor organi zations. (c) Except as provided under subsection (d) of Code Section 33-43-5, the 3-ke provisions of this chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible per sons, which policies are not marketed or held to be medicare supplement policies or ben efit plans."
SECTION 12. Said title is further amended by striking in its entirety subsection (b) of Code Section 33-43-3, relating to duplicate state benefits, policy standards, prohibited provisions, denial of claims, and preexisting conditions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding any other provision of this title Georgia law, a medicare supple ment policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recom mended by or received from a physician within six months before the effective date of coverage."
SECTION 13. Said title is further amended by striking in its entirety subsection (d) of Code Section 33-43-5, relating to insurer filing requirements, benefits, and loss ratio standards, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The Commissioner may prescribe by regulation for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that

1610

JOURNAL OF THE HOUSE,

particular insurance coverages are not medicare supplement coverages for all accident and sickness insurance policies sold to persons eligible for medicare, other than:
(1) Medicare supplement policies; or (2) Disability income policies^ (3) Basic, catastrophic, or ajer medical expense policies; or (4) Single premium, nonrcnowabte policies."
SECTION 14. Said title is further amended by striking in its entirety Code Section 33-1-9, relating to insurance fraud, venue of prosecutions, and penalties, and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:
"33-1-9.
(a) Any natural person who knowingly or willfully: (1) Makes or aids in the making of any false or fraudulent statement or representa tion of any material fact or thing; i a*y written statement er certificate, m the makiff ef- an application for a policy of insurance, in the receiving of svtert application, of Hi tftc Fccciviw^ of money rOf 9uc.fi sppiicstioo j lor trie purpose of procunn of attempting te procure the payment ef any false or fraudulent claim by an insurer; (A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application for a policy of insurance; (D) In the receiving of such an application for a policy of insurance; or (E) In the receiving of money for such application for a policy of insurance for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or (4) Makes any false or fraudulent representation as to the death or disability of a pol icy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer
commits the crime of insurance fraud. (b) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurer's agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed.
(c)(l) Except tts provided i paragraph {3} of this subsection, a person convicted of a violation ef oubacction ^ ef this Code section shall be guilty ef-a misdemeanor; (2) Where the claim, benefit, or meney referred te subsection {} ef this Code see-

\6l) Or till9 l^OQC 9CC11OH Sflflii 06 Ullty Or ft IClOHy ftUd SnEtll DC ptifl19flCQ Dy 1HipP18OU

ffifi OOP 00 or bofch^**
SECTION 15. Said title is further amended by inserting after subsection (d) of Code Section 33-1-16, relating to investigation of fraudulent insurance act, a new subsection (d.l) to read as fol lows:
"(d.l)(l) In addition to the immunity granted in paragraph (3) of subsection (d) of this Code section, persons employed by an insurer whose responsibilities include the investigation and disposition of claims relating to suspected fraudulent insurance acts may share information relating to persons suspected of committing fraudulent insur ance acts with other employees employed by the same or other insurers whose respon sibilities include the investigation and disposition of claims relating to fraudulent insurance acts. Unless the employees of the insurer act in bad faith or in reckless dis regard for the rights of any insured, neither the insurer nor its employees are civilly

THURSDAY, FEBRUARY 29, 1996

1611

liable for libel, slander, or any other relevant tort, and a civil action shall not arise against the insurer or its employees:
(A) For any information related to suspected fraudulent insurance acts provided to an insurer; or (B) For any information relating to suspected fraudulent insurance acts provided to the National Insurance Crime Bureau or the National Association of Insurance Commissioners. (2) The qualified immunity against civil liability conferred by paragraph (1) of this subsection on any insurer or its employees shall be forfeited with respect to the exchange or publication of any defamatory information with third persons not expressly authorized under paragraph (1) of this subsection to share in such informa tion."
SECTION 16. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding thereto a new Code Section 16-9-61 to read as follows:
"16-9-61.
(a) A person commits the offense of insurance fraud when he or she violates the provi sions of Code Section 33-1-9.
(b)(l) Except as provided in paragraph (2) of this subsection, any person who com mits the offense of insurance fraud shall be guilty of a misdemeanor. (2) Where the value or potential value of any claim, money, or other benefit involved in a violation of Code Section 33-1-9 exceeds an aggregate of $500.00, any person who commits the offense of insurance fraud shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both."
SECTION 17. (a) This section and Section 18 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 14 through 16 of this Act shall become effective July 1, 1996, and shall apply with respect to conduct or offenses committed on or after that effective date and shall not apply to or affect conduct or offenses committed prior to that effective date. (c) Sections 10 through 13 of this Act shall become effective April 28, 1996. (d) Sections 1 through 9 of this Act shall be effective July 1, 1996.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1404 was ordered immediately transmitted to the Senate.

HR 1041. By Representatives Harbin of the 113th, Brush of the 112th, Williams of the 114th and Bargeron of the 120th:
A resolution to change the name of the Kiokee Creek Bridge in Columbia County to the Robert W. Pollard, ST., Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1612

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 98, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 587. By Representatives Smith of the 12th, Scoggins of the 24th, Hudson of the 156th, Shanahan of the 10th and Stancil of the 16th:
A bill to amend Article 6 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Family Caregiver Support Act," so as to provide for an in-home care demonstration grant program.

The following amendment was read and adopted:

The Committee on Human Relations and Aging moves to amend HB 587 by adding at the beginning of line 14 of page 1 the following:
"(a)".
By adding between the period and quotation mark on line 7 of page 2 the following:
"(b) The program established in subsection (a) of this Code section shall terminate two years after it is established by the department. Upon the termination of this program, the department shall compile and issue a report on the program."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 99, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 587 was ordered immediately transmitted to the Senate.

HB 1788. By Representatives Hanner of the 159th and Baker of the 70th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to pro vide the Board of Natural Resources with authority to promulgate regula tions governing the discharge of pollutants into waters of the state.

The following amendment was read and adopted:

Representatives Baker of the 70th and Hanner of the 159th move to amend HB 1788 as follows:
On page 4, line 36, delete "(B) establishing of permits by rule;"
On page 5, line 11, delete "Proving" and replace with "Providing"
On page 5, starting on Line 16, delete "and providing terms and conditions of permits for the discharge of any pollutant to waters of the state;"
On page 6, starting on line 17, delete "and providing terms and conditions of general per mits for the discharge of any pollutant;"
On page 6, starting on line 31, delete "(R) providing for general permits for construction activities;"

THURSDAY, FEBRUARY 29, 1996

1613

On page 6, starting on line 33, delete "(S) providing for rules and regulations for general permits for land application system; and" and adding in its place "(S) providing for rules and regulations for land disposal; and"
And renumber all paragraphs accordingly.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1227.

By Representatives Banner of the 159th, Porter of the 143rd, Carter of the 166th, Royal of the 164th, Coleman of the 142nd and others:
A bill to amend Code Section 12-8-95.1 of the Official Code of Georgia Anno tated, relating to hazardous waste management fees and hazardous substance reporting fees, so as to repeal certain hazardous substance reporting fees.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 12-8-95.1 of the Official Code of Georgia Annotated, relating to hazardous waste management fees and hazardous substance reporting fees, so as to amend certain hazardous substance reporting fees; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-8-95.1 of the Official Code of Georgia Annotated, relating to hazardous waste management fees and hazardous substance reporting fees, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities and hazardous substance reporting fees as provided in this subsection. As used in this Code section, the term 'hazardous waste' shall not include any material excluded by 40 CFR Part 261 of the Code of Federal Regulations. Every large quantity generator and every small quantity generator shall pay the greater of $100.00 per calendar year or the total of the hazardous waste management fees, and every person who is required to report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay the annual hazardous substance reporting fees, imposed as follows:
(1) Every large quantity generator of hazardous waste shall pay an annual fee of $20.00 per ton for hazardous waste shipped off site for disposal or incineration, $16.00 per ton for hazardous waste shipped off site for treatment or storage, $2.00 per ton for hazardous waste shipped off site for recycling or reuse, and, beginning January 1, 1995, $9.00 per ton for hazardous waste shipped off site for treatment by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be lia ble for off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste manage ment fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid; (2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 per ton for hazardous waste disposed of or incinerated on site, $4.00 per ton

1614

JOURNAL OF THE HOUSE,

for hazardous waste treated or stored on site, $1.00 per ton for hazardous waste reused or recycled on site, and, beginning January 1, 1995, $2.50 per ton for hazardous waste treated on site by being burned for energy recovery in accordance with rules and regu lations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for dis posal or incineration, treatment or storage, recycling or reuse, or treatment by burning for energy recovery in any calendar year exceeding the following amounts and accord ing to the following schedule:
(A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994; (B) Fifty thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on July 1, 1995, and on July 1, 1996; (C) Seventy-five thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on and after July 1, 1997; (D) One thousand five hundred dollars for waste water which is a hazardous waste which is treated on site for payments due on July 1, 1995; (E) Three thousand dollars for waste water which is a hazardous waste treated on site for payments due on July 1, 1996; and (F) Seven thousand five hundred dollars for waste water which is a hazardous waste treated on site for payments due on and after July 1, 1997. For the purposes of this paragraph, a generator who generates waste water which is a hazardous waste shall not be required to count such hazardous waste in determining its status as a large quantity generator, a small quantity generator, or a conditionally exempt small quantity generator. For the purposes of this paragraph, dilution of waste water that is a hazardous waste shall be considered treatment subject to the fees established by this paragraph. A large quantity generator which pays fees for the offsite management of hazardous waste under paragraph (1) of this subsection for a haz ardous waste which was previously managed on site shall not pay the applicable on-site management fee for that hazardous waste;
(3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 per ton for hazardous waste disposed of or incinerated, $16.00 per ton for hazardous waste treated or stored, $2.00 per ton for hazardous waste that is recycled or reused, and, beginning January 1, 1995, $9.00 per ton for hazardous waste treated by being burned for energy recovery in accordance with rules and regu lations promulgated pursuant to Part 1 of this article; provided, however, that no per son shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. Persons who receive hazardous waste generated outside this state are not required to pay the fees required by this paragraph for those wastes generated by conditionally exempt small quantity generators which are located outside this state. For the purposes of this paragraph, a 'conditionally exempt small quantity generator' means a generator who generates 220 pounds or less of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article; and
(4) Each person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the divi sion an annual hazardous substance reporting fee as follows:
(A) A facility with no reported release shall pay no fee;
(B) A facility with a reported release of less than 1,000 pounds during the calendar year shall pay a fee of $500.00 for that calendar year;
(C) A facility with a reported release equal to or greater than 1,000 pounds but less than 10,000 pounds during the calendar year shall pay a fee of $1,000.00 for that calendar year; and

THURSDAY, FEBRUARY 29, 1996

1615

___ ____ with a reported release equal or greater than 10,000 pounds during the calendar year shall pay a fee of $1,500.00 for that calendar year. (4) Beginning Jaly 4; 1004, each person whe is required te report pursuant te Section 343 ef T-itle HI ef the federal Supcrfund Amendments and Rcauthorization Act ef 4986 shftH pay te the division an annual hazardous substance reporting fee ef $600.00; ftRQ (6) Beginning Jkriy 4^ 1004, each person whe is required te report pursuant te Section 343 ef Title HI ef- the federal Supcrfund Amcndmcnta and Rcauthorization Act ef 1986 shall pay te the division an annual hazardous substance reporting fee as follows: ^/Vj--F ivc hundred dollars lor cacn facility tor wnicn a report ts tiled tor calendar
vrnr 1004*

VPflr 1 OOfy nnH
toj--One tnousand live nundrcd dollars lor eacn facility lor wmcn ft report us mcu fer calendar year 1006 and each calendar year thereafter."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Hanner of the 159th and Dobbs of the 92nd was read:

A BILL
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to define a certain term; to amend certain hazardous substance reporting fees; to provide a limitation of certain liability for the release of hazardous sub stances for certain subsequent purchasers of property; to provide a short title; to define certain terms; to provide for powers and duties of the Board of Natural Resources; to pro vide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide criteria for property to qualify for a limita tion of liability; to provide criteria for prospective purchasers to qualify for a limitation of liability; to provide requirements for obtaining a limitation of liability; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste manage ment, is amended by striking in its entirety paragraph (9) of Code Section 12-8-92, relating to definitions, and inserting in lieu thereof the following:
"(9) 'Person who has contributed or who is contributing to a release' means: (A) The owner or operator of a facility; (B) Any person who at the time of disposal of any hazardous waste, hazardous con stituent, or hazardous substance owned or operated any facility at which such haz ardous waste, hazardous constituent, or hazardous substance was disposed of; (C) Any person who by contract, agreement, or otherwise arranged for disposal or treatment of or arranged with a transporter for transport for disposal or treatment of hazardous wastes, hazardous constituents, or hazardous substances owned or pos sessed by such person or by any other party or entity at any facility owned or oper ated by another party or entity and containing such hazardous wastes, hazardous constituents, or hazardous substances. A person who arranged for the recycling of recovered materials consisting solely of scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal or spent lead-acid, nickelacid, nickel-cadmium, and other batteries, and not consisting of any residue from a pollution control device, shall not be deemed to have arranged for treatment or disposal under this subparagraph; and

1616

JOURNAL OF THE HOUSE,

(D) Any person who accepts or accepted any hazardous wastes, hazardous constitu ents, or hazardous substances for transport to disposal or treatment facilities or sites selected by such person, from or at which facility or site there is a release of a haz ardous waste, a hazardous constituent, or a hazardous substance."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities and hazardous substance reporting fees as provided in this subsection. As used in this Code section, the term 'hazardous waste' shall not include any material excluded by 40 CFR Part 261 of the Code of Federal Regulations. Every large quantity generator and every small quantity generator shall pay the greater of $100.00 per calendar year or the total of the hazardous waste management fees, and every person who is required to report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay the annual hazardous substance reporting fees, imposed as follows:
(1) Every large quantity generator of hazardous waste shall pay an annual fee of $20.00 per ton for hazardous waste shipped off site for disposal or incineration, $16.00 per ton for hazardous waste shipped off site for treatment or storage, $2.00 per ton for hazardous waste shipped off site for recycling or reuse, and, beginning January 1, 1995, $9.00 per ton for hazardous waste shipped off site for treatment by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be lia ble for off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste manage ment fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid; (2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 per ton for hazardous waste disposed of or incinerated on site, $4.00 per ton for hazardous waste treated or stored on site, $1.00 per ton for hazardous waste reused or recycled on site, and, beginning January 1, 1995, $2.50 per ton for hazardous waste treated on site by being burned for energy recovery in accordance with rules and regu lations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for dis posal or incineration, treatment or storage, recycling or reuse, or treatment by burning for energy recovery in any calendar year exceeding the following amounts and accord ing to the following schedule:
(A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994; (B) Fifty thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on July 1, 1995, and on July 1, 1996; (C) Seventy-five thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on and after July 1, 1997; (D) One thousand five hundred dollars for waste water which is a hazardous waste which is treated on site for payments due on July 1, 1995; (E) Three thousand dollars for waste water which is a hazardous waste treated on site for payments due on July 1, 1996; and (F) Seven thousand five hundred dollars for waste water which is a hazardous waste treated on site for payments due on and after July 1, 1997. For the purposes of this paragraph, a generator who generates waste water which is a hazardous waste shall not be required to count such hazardous waste in determining its status as a large quantity generator, a small quantity generator, or a conditionally exempt small quantity generator. For the purposes of this paragraph, dilution of waste water that is a hazardous waste shall be considered treatment subject to the fees

THURSDAY, FEBRUARY 29, 1996

1617

established by this paragraph. A large quantity generator which pays fees for the offsite management of hazardous waste under paragraph (1) of this subsection for a haz ardous waste which was previously managed on site shall not pay the applicable on-site management fee for that hazardous waste; (3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 per ton for hazardous waste disposed of or incinerated, $16.00 per ton for hazardous waste treated or stored, $2.00 per ton for hazardous waste that is recycled or reused, and, beginning January 1, 1995, $9.00 per ton for hazardous waste treated by being burned for energy recovery in accordance with rules and regu lations promulgated pursuant to Part 1 of this article; provided, however, that no per son shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. Persons who receive hazardous waste generated outside this state are not required to pay the fees required by this paragraph for those wastes generated by conditionally exempt small quantity generators which are located outside this state. For the purposes of this paragraph, a 'conditionally exempt small quantity generator' means a generator who generates 220 pounds or less of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article; and (4) Each person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the divi sion an annual hazardous substance reporting fee as follows:
(A) A facility with no reported release shall pay no fee; (B) A facility with a reported release of less than 1,000 pounds during the calendar year shall pay a fee of $500.00 for that calendar year; (C) A facility with a reported release equal to or greater than 1,000 pounds but less than 10,000 pounds during the calendar year shall pay a fee of $1,000.00 for that calendar year; and (D) A facility with a reported release equal or greater than 10,000 pounds during the calendar year shall pay a fee of $1,500.00 for that calendar year. (1) Beginning JJy ^ 1004, each person whe is required te tepert pursuant te Section 813 <rf Title ffl rf th federal Supcrfund Amendments and Reauthorization Act <rf 1S86 shaH pay te the division an annual hazardous substance reporting fee <rf $600.00;
(6) Beginning July 1; 1904, each perse whe is required te *epe*t pursuant te Section 313 ef Title ffl ef the federal Supcrfund Amendments and Reauthorization Act f 1986 shall pay te the division a annual hazardous substance reporting fee as follows:
(A/--F ive niiiiu.i'Gu (ioilflps tof c&cri iflcility tor wriicii d report is riled tor

.,--.---- 1 QQfy nr>fj
\\i)--Owe tnou9And live RUDQFCQ doitflrs for c&cri tflciiity tor wriicfi ft report t& meet fe* calendar year 1906 and each calendar yea* thereafter."
SECTION 3. Said chapter is further amended by inserting at the end thereof the following:
"ARTICLE 9
12-8-200. This article shall be known and may be cited as the 'Georgia Hazardous Site Reuse and Redevelopment Act'.
12-8-201. As used in this article, the term:
(1) 'Certificate of compliance' means the certification of compliance with a corrective action plan required by subsection (c) of Code Section 12-8-206.

1618

JOURNAL OF THE HOUSE,

(2) 'Corrective action plan' means the corrective action plan required by subsection (c) of Code Section 12-8-206. (3) 'Hazardous site inventory' means the hazardous site inventory published by the division pursuant to Code Section 12-8-97. (4) 'Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to Code Section 12-8-206. (5) 'Prospective purchaser' means a person who intends to purchase a property which is part of a site listed on the hazardous site inventory. (6) 'Risk reduction standards' means those standards promulgated by the board pur suant to Part 2 of Article 3 of this chapter.
12-8-202. (a) The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain property or prop erties listed on the hazardous site inventory. Such rules and regulations may be applica ble to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. (b) The board's rules and regulations shall include, but shall not be limited to, the fol lowing:
(1) Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability; (2) Rules and regulations governing procedures for application and approval of pro spective purchasers seeking a limitation of liability; and (3) Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability.
12-8-203. (a) The director shall have the power and duty:
(1) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability; (2) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the property into com pliance with risk reduction standards; (3) To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a property prior to concurrence with a certification of compliance; (4) To approve corrective action plans; and (5) To concur with certifications of compliance. (b) The powers and duties described in subsection (a) of this Code section may be exer cised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.
12-8-204. In order to qualify for a limitation of liability as provided in subsection (a) of Code Sec tion 12-8-206, a property must meet the following criteria:
(1) The property must be part of a site listed on the hazardous site inventory; (2) Any costs incurred by the division pursuant to a corrective action performed under subsection (b) of Code Section 12-8-96 on the subject property must be repaid to the division; (3) The property must not be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C Section 9601, et seq. or be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Pro tection Agency issued pursuant to the provisions of such Act;

THURSDAY, FEBRUARY 29, 1996

1619

(4) The director must determine: (A) That the property is in a state of disuse as a result of the preexisting release by considering such evidence as: (i) The sworn affidavit of the current property owner attesting that the property is in a state of disuse and explaining how the state of disuse is a result of the preexisting release; (ii) An appraisal performed by a certified general real property appraiser showing the property to have negligible market value due to the preexisting release; (iii) A statement bearing the signature and seal of the tax assessor or tax appraiser in the county in which the land is located stating that the property's appraised value for tax purposes has been or will be substantially reduced due to the preexisting release; (iv) A bona fide lease, contract, option to purchase, or other such agreement relating to the use or sale of the property has been cancelled, breached, or repudiated because of the preexisting release; or (v) Any other evidence satisfactory to the board showing that the property is in a state of disuse because of the preexisting release; or (B) That the property has been abandoned by its current owner or last known owner of record as a result of the preexisting release by considering such evidence as: (i) Documents showing that a Chapter 7 bankruptcy proceeding has been filed by or against the current owner or lessee of the property; (ii) If the owner or lessee of the property is a corporation, documents showing that the corporation has been dissolved; (iii) Documents showing that the property in question was transferred to the cur rent owner or his or her predecessor in title by tax deed; (iv) Documents showing that a substantial tax delinquency on the property has lasted for at least six months; or (v) Any other evidence satisfactory to the board showing that the property has been abandoned because of the preexisting release; and
(5) The property meeting other criteria as may be established by the board as pro vided in this article and Article 3 of this chapter.
12-8-205. (a) To qualify for a limitation of liability as provided in subsection (a) of Code Section 12-8-206, a prospective purchaser must meet the following criteria:
(1) The prospective purchaser must not be a person who has contributed to a release of regulated substances at the subject property as defined in paragraph (9) of Code Section 12-8-92; (2) Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with the current owner of the property or any person who has contributed to a release of hazardous materials on the subject site; (3) Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the property or any person who has contributed to a release of hazardous materials on the subject site; (4) The prospective purchaser must not be in violation of any order, judgment, stat ute, rule, or regulation subject to the enforcement authority of the director; and (5) The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-102. (b) The director may grant a variance from the eligibility requirements contained in paragraphs (2), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of lia bility under this article, that no other qualified prospective purchaser has applied for a limitation of liability, and that:

1620

JOURNAL OF THE HOUSE,

(1) Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment; (2) The director would be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and (3) That in all probability, the director would be unable to recover the cost of the cor rective action as provided in Code Section 12-8-96.1. The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such waiver.
12-8-206. (a) A prospective purchaser shall be granted limitation of liability imposed upon the owner of property by Part 2 of Article 3 of this chapter for a preexisting release upon compliance with the provisions of this Code section. (b) To be entitled to a limitation of liability as provided in subsection (a) of this Code section, the prospective purchaser must submit a redevelopment plan which describes the environmental, societal, or economic benefits expected to accrue to the community and the state from the intended productive use of the property.
(c)(l) For those properties which the director has designated as needing corrective action, any party desiring to qualify for a limitation of liability pursuant to subsection (a) of this Code section shall, in addition to the redevelopment plan required by sub section (b) of this Code section, submit a prospective purchaser corrective action plan to the division. The corrective action plan shall, at minimum, enumerate and describe in detail those actions planned and proposed to bring the subject property into com pliance with all applicable rules and regulations adopted by the board governing the investigation, cleanup, and corrective action at properties listed on the hazardous site inventory. A corrective action plan submitted by a prospective purchaser under this section shall be in such form and meet such criteria as established by the board. (2) The prospective purchaser shall submit proof of financial assurance, in such form as specified by the director, of his or her ability to implement the corrective action plan.
(3) Upon the director's approval of the prospective purchaser corrective action plan, it shall be the responsibility of the prospective purchaser to implement said plan. The director's approval of a prospective purchaser corrective action plan shall not in any way be construed as a guarantee, promise, or assurance that the director will concur with the prospective purchaser's certification of compliance with the risk reduction standards. Compliance with the appropriate risk reduction standards in effect at the time the director's concurrence is sought is the sole responsibility of the prospective purchaser. The prospective purchaser shall not acquire a vested right to the director's concurrence regardless of the expenditure of money. The prospective purchaser shall implement the corrective action plan with the understanding that the requirements of corrective action necessary to obtain a limitation of liability are subject to change because of newly discovered facts or subsequent changes in state or federal laws, rules, or regulations.
(4) The director's approval of the prospective purchaser corrective action plan shall specify a time within which the prospective purchaser must certify compliance with the risk reduction standards in order to maintain the limitation of liability provided for by subsection (a) of this Code section, and the director may revoke the limitation of liability if the prospective purchaser fails to comply with such time requirement. (5) If at any time the director determines that any element of an approved prospec tive purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards, the director may revoke his or her approval of the plan by providing the prospective purchaser with written notification specifying the basis for making such determination and requesting modification and resubmission of a modified plan within a specified time. If at any time the prospective purchaser determines that any element of an approved prospective purchaser corrective action

THURSDAY, FEBRUARY 29, 1996

1621

plan must be modified in order to achieve compliance with the risk reduction stan dards, the prospective purchaser shall notify the director and obtain approval of the proposed modification. (6) A prospective purchaser shall, upon completion of those activities specified in the corrective action plan, submit to the director a compliance status report certifying the compliance of the site with the risk reduction standards and corrective action require ments. (d) For those sites listed on the hazardous site inventory which the director has not yet designated as being in need of corrective action, any party desiring to qualify for a limi tation of liability as provided in subsection (a) of this Code section shall submit a com pliance status report to the division in such form as provided by rules and regulations adopted by the board. A compliance status report submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board.
12-8-207. (a) The limitation of liability provided by this article shall be contingent upon the pro spective purchaser's good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk reduction stan dards and corrective action requirements. Such limitation of liability shall not be appli cable to any activities conducted on the property before the director's approval of the corrective action plan or concurrence with a certification of compliance or during any time the director's approval of the corrective action plan has been suspended or revoked. (b) The limitation of liability provided by this article shall not affect any right of indemnification which any person has or may acquire by contract against any other per son who is otherwise liable for creating an environmental hazard; apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process; or apply to any release occurring or continuing after the date of the certification of compliance. (c) The limitation of liability provided by this article shall be fully transferable to the heirs, assigns, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from lia bility any party deemed to be a person responsible for a release on the site from which the subject property originated. A transfer of the title to the subject property or any portion thereof from the prospective purchaser back to the owner of the site from which the subject property was purchased, any other party deemed to be a person responsible for a release on the site, or any person disqualified from obtaining a limitation of liabil ity under Code Section 12-8-205 shall terminate any limitation of liability applicable under this article. (d) For the purpose of determining liability for continuing or future releases of regu lated substances upon any property for which the director has concurred with a certifi cation of compliance pursuant to Code Section 12-8-206, the background or baseline concentration for any and all regulated substances for which corrective action was per formed and compliance certified shall be equivalent to the risk reduction standard for which compliance was certified in order to invoke the limitation of liability. (e) The limitation of liability provided by this article shall have no effect on liability for releases of hazardous waste, hazardous constituents, or hazardous substances not addressed in the corrective action plan or the certification of compliance. Any such release shall constitute a new, separate, and distinct release, subject to the provisions of Part 2 of Article 3 of this chapter. (f) Nothing in this article shall limit the authority of the director or the division to take action in response to any release or threat of release of regulated substances. Except as provided in this article, nothing shall limit the authority of the director or the division to seek recovery of costs from persons liable under Part 2 of Article 3 of this chapter."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

1622

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representatives Holmes of the 53rd and Alien of the 117th move to amend the Floor sub stitute to HB 1227 by striking the word "or" at the end of line 3 of page 9.
By striking the word "and" and inserting the word "or" at the end of line 22 of page 9.
By adding between lines 22 and 23 on page 9 the following:
"(C) That a community impact statement has been prepared pursuant to rules promulgated by the Director;"
By adding between lines 22 and 23 on page 9 the following:
"(5) The prospective purchaser has obtained approval of a community impact state ment; and".
By renumbering paragraph (5) on line 23 on page 5 as paragraph (6).

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 ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 1091. By Representatives Chambless of the 163rd, Murphy of the 18th, Lee of the 94th, Walker of the 141st and Coleman of the 142nd:
A resolution creating the Commission on the Appellate Courts of Georgia.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Commission on the Appellate Courts of Georgia; providing for the member ship of the commission and the selection, service, and compensation of members; providing for the powers and duties of the commission with respect to a study of the appellate courts of the State of Georgia; providing for an effective date; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. There is created the Commission on the Appellate Courts of Georgia. The commission shall consist of 19 members as follows:
(1) The Chief Justice of the Supreme Court of Georgia or his or her designee; (2) The Chief Judge of the Court of Appeals of Georgia or his or her designee; (3) One judge of the superior courts of the State of Georgia who is the President of the Council of Superior Court Judges of Georgia or his or her designee; i2 (4) One judge of the state courts of the State of Georgia who is the President of the Council of State Court Judges of Georgia or his or her designee; (5) The President of the State Bar of Georgia or his or her designee; (6) Two members of the Senate to be appointed by the President of the Senate and two members of the House of Representatives to be appointed by the Speaker of the House;

THURSDAY, FEBRUARY 29, 1996

1623

(7) Two members appointed by the President of the Senate who are not members of the Senate and two members appointed by the Speaker of the House who are not members of the House of Representatives; and (8) Six members appointed by the Governor who may be, but shall not be required to be, public officers or employees. All appointments to the commission shall be made with the goal of obtaining a diverse membership, including members of both the legal profession and the general public and members from a variety of backgrounds.
SECTION 2. The commission shall undertake a study of the current structure and operations of the appellate courts of the State of Georgia with the goal of determining what changes, if any, should be recommended in such structure and operations in order to:
(1) Ensure a high quality of appellate review of trial court decisions where such review is required or appropriate; (2) Facilitate the development of an organized and consistent body of appellate deci sions for the guidance of the bench, the bar, and the general public; (3) Provide for timely resolution of appeals; (4) Provide an efficient and cost-effective appellate system, subject to the recognition that the system is paid for with public funds; (5) Utilize judicial resources in an effective manner; and (6) Achieve such other goals as the commission determines appropriate.
SECTION 3. The chairperson and other officers of the commission shall be appointed by the Governor. The commission shall meet at the call of the chair.
SECTION 4. The legislative members of the commission shall receive expense reimbursement and allow ances from legislative funds in the manner provided for legislative members of interim committees. Any members of the commission who are state officers and employees other than members of the General Assembly shall receive no compensation for their service on the commission but may be reimbursed for expenses incurred in serving on the commission from funds of their respective agencies, as provided by law. Any members of the commis sion who are not state employees or officers shall receive no compensation for their service on the commission but may be reimbursed for reasonable actual expenses incurred in serving on the commission from funds of the legislative branch.
SECTION 5. All officers and agencies of state government shall cooperate with the commission in the performance of its functions.
SECTION 6. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, per form its duties, and accomplish the objectives and purposes of this resolution. However, the commission shall not meet for more than ten days unless additional meeting days are authorized by the Governor.
SECTION 7. The commission shall issue a report of its findings and recommendations to the Governor, the Lieutenant Governor, the Chief Justice, and the Speaker of the House. Such report shall be issued not later than December 31, 1996. The commission shall stand abolished as of the end of the last day of the regular 1997 session of the General Assembly.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 95, nays 2.

1624

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1728. By Representative Parham of the 122nd:
A bill to amend Code Section 10-1-662 of the Official Code of Georgia Anno tated, relating to unlawful motor vehicle franchisor practices, so as to pro hibit franchisors from conducting audits of or basing decisions adverse to a dealer on activity or transactions more than two years old; to prohibit a franchisor from canceling a franchise under certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 1647.

By Representative Watson of the 139th:
A bill to amend Code Section 10-1-15 of the Official Code of Georgia Anno tated, relating to criminal and civil penalties under "The Retail Installment and Home Solicitation Sales Act," so as to provide that a seller or holder shall not be liable under said Act if the seller or holder can show by a pre ponderance of the evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error.

The following amendment was read and adopted:

Representative Barnes of 33rd moves to amend HB 1647 as follows: By striking lines 24-31 on page 1.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 94, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1365.

By Representatives Grindley of the 35th, Rogers of the 20th, Buckner of the 95th, Ashe of the 46th and Ray of the 128th:
A bill to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibitions on the sale or distribution to, or the pos session by, minors of cigarettes and tobacco related objects, so as to provide for stricter regulations on the sale of cigarettes and tobacco related objects to minors.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibitions on the sale or distribution to, or the possession by, minors of cigarettes and tobacco related objects, so as to provide for stricter regulations on the sale of cigarettes

THURSDAY, FEBRUARY 29, 1996

1625

and tobacco related objects to minors; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibitions on the sale or distribution to, or the possession by, minors of cigarettes and tobacco related objects, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(l) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects to a minor; (B) Purchase any cigarettes or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the purchaser; or (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects. (2) (A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, tobacco products, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, tobacco products, or tobacco related objects are sold is 18 years of age or older. (B) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom cigarettes or tobacco related objects are to be sold or otherwise furnished is actually 18 years of age or older, it shall be the duty of the person selling or otherwise furnishing such cigarettes or tobacco related objects to request to see and to be furnished with proper identification as provided for in subsection (b) of this Code section in order to verify the age of such person; provided, further, that the failure to make such request and verification in any case where the person to whom the cigarettes or tobacco related objects are sold or oth erwise furnished is less than 18 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such cigarettes or tobacco related objects did so knowingly.
(3) Any person who violates this subsection shall be guilty of a misdemeanor."
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 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 969. By Representative Lifsey of the 6th:
A resolution designating the bridge on State Highway 61 and U.S. Highway 411 over Sumach Creek in Murray County the Kirby Park, Sr., Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 95, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

1626

JOURNAL OF THE HOUSE,

The Speaker assumed the Chair.

HB 1630. By Representatives Parsons of the 40th, Scoggins of the 24th and Coker of the 31st:
A bill to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or tele phone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other elec tronic information storage bank.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or telephone network for the purpose of setting up, maintaining, oper ating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank; to provide for a penalty; to provide that civil actions are allowed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," is amended by adding, following Code Section 16-9-93, a new Code Section 16-9-93.1 to read as follows:
"16-9-93.1. (a) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, or copyrighted symbol to falsely identify the person, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, or copyrighted symbol for such purpose when such permission or authorization has not been obtained; provided, however, that no tele communications company shall violate this Code section solely as a result of carrying or transmitting such data for its customers. (b) Any person violating subsection (a) of this Code section shall be guilty of a misde meanor. (c) Nothing in this Code section shall be construed to limit an aggrieved party's right to pursue a civil action for equitable or monetary relief, or both, for actions which vio late this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Parsons of the 40th, was read:

THURSDAY, FEBRUARY 29, 1996

1627

A BILL
To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or telephone network for the purpose of setting up, maintaining, oper ating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank; to provide for a penalty; to provide that civil actions are allowed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," is amended by adding, following Code Section 16-9-93, a new Code Section 16-9-93.1 to read as follows:
"16-9-93.1.
(a) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol to falsely identify the per son, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained; provided, however, that no telecommunications company shall violate this Code section solely as a result of carrying or transmitting such data for its custom ers. (b) Any person violating subsection (a) of this Code section shall be guilty of a misde meanor. (c) Nothing in this Code section shall be construed to limit an aggrieved party's right to pursue a civil action for equitable or monetary relief, or both, for actions which vio late this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bannister of the 77th moved that HB 1630 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien Y Anderson N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron
Barnard N Bames N Bates N Benefield N Birdsong N Bordeaux
Bostick N Breedlove
Brooks, D N Brooks, T N Brown, J

N Brush N Buck N Buckner Y Bunn N Burkhalter N Byrd N Campbell
Canty N Carter N Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell
Y Crawford Y Crews N Culbreth

N Cummings N Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps Y Evans Y Falls N Felton N Floyd
Godbee N Golden
Goodwin

Greene N Grindley
Hanner N Harbin N Harris N Heard
Heckstall N Hegstrom
Hembree N Henson N Holland N Holmes
Howard N Hudson N Hugley N Irvin
James Y Jamieson N Jenkins

Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce Y Kaye N Kinnamon N Klein Y Ladd Y Lakly N Lane N Lawrence N Lee N Lewis Y Lifsey N Lord
N Lucas Y Maddox Y Mann

1628

JOURNAL OF THE HOUSE,

N Martin N McBee
NMcCall Y McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote Y Perry

Y Pinholster N Polak N Ponder Y Porter Y Poston N Powell N Purcell, A
Purcell, B NRandall N Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders

N Sauder N Scoggins N Shanahan
NShaw N Sherrill
N Shipp Y Simpson
Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L N Smith, P
Smith, T Y Smith, V
Smith, W N Smyre

On the motion, the ayes were 42, nays 112. The motion was lost.

Y Snelling N Snow N Stalling*
N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor N Teague N Teper N Thomas
Tillman Y Titus
Towery N Trense

Y Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmorland
Whitaker White Y Wiles N Williams, B Y Williams, J N Williams, R
Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representatives Davis of the 60th and Poston of the 3rd move to amend the Floor substi tute to HB 1630 as follows:
Page 2, line one, strike the following words:
"legal or official seal".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron
Barnard
N Barnes N Bates N Benefield N Birdsong N Bordeaux
Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, J N Brush NBuck
Y Buckner YBunn N Burkhalter
NByrd
N Campbell
Canty N Carter N Chambless Y Channell N Childers N Coker N Coleman, B N Coleman, T
N Connell
Y Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay
Y DeLoach, B Y DeLoach, G YDk Y Diion, H N Dkon, S
N Dobbs Y Ehrhart
NEpps Y Evans Y Falls
Felton N Floyd
Godbee N Golden
Goodwin Greene Y Grindley Y Hanner N Harbin N Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James Y Jamieson N Jenkins Y Johnson, G N Johnson, J N Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox
YMann N Martin N McBee N McCall
N McClinton McKinney
Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham

N Parrish N Parsons N Pelote
N Perry
Y Pinholster N Polak N Ponder N Porter Y Poston N Powell N Purcell, A
Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan YShaw
N Sherrill
N Shipp N Simpson N Sinkfield N Skipper
Smith, C Y Smith, C.W
Smith, L N Smith, P N Smith, T Y Smith, V

Smith, W N Smyre Y Snelling
NSnow N Stallings
Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor N Teague N Teper N Thomas N Tillman
Titus N Towery N Trense
N Turnquest
N Twiggs N Walker, L
Y Walker, R.L Y Wall N Watson
Watts Y Westmoreland Y Whitaker N White Y Wiles N Williams, B Y Williams, J N Williams, R
Y Woods Y Yates
Murphy, Spkr

THURSDAY, FEBRUARY 29, 1996

1629

On the adoption of the amendment, the ayes were 48, nays 113. The amendment was lost.

The following amendment was read:
Representative Wiles of the 34th moves to amend the Floor substitute to HB 1630 as fol lows: By adding on line 13 a new Section 2 as follows:
"Nothing contained herein shall prohibit a member of the General Assembly from using the State Seal or the Georgia Flag which contains the State seal on a home page that is clearly identified as the home page of that member"
And renumbering Section 2 to Section 3.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe N Bailey N Baker Y Bannister
NBarfoot Y Bargeron
Barnard YBarnes N Bates N Benefield N Birdsong N Bordeaux NBostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, J Y Brush NBuck Y Buckner YBunn N Burkhalter YByrd N Campbell
N Canty N Carter N Chambless
YChannell N Childers Y Coker Y Coleman, B
Coleman, T N Connell Y Crawford

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
YDix
N Dixon, H Dixon, S
NDobbs Y Ehrhart NEpps Y Evans Y Falls Y Felton N Floyd
Godbee N Golden
Goodwin Greene Y Grindley
N Manner Y Harbin Y Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee YMcCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal N Orrock NParham

Y Parrish Y Parsons N Pelote N Perry Y Pinholster YPolak Y Ponder N Porter YPoston Y Powell N Purcell, A
Purcell, B NRandall Y Randolph YRay N Reaves N Reichert N Roberts N 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 Y Smith, L N Smith, P Y Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 84, nays 82. The amendment was adopted.

Smith, W NSmyre Y Snelling N Snow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor NTeague YTeper N Thomas NTillman N Titus Y Towery
N Trense N Tumquest NTwiggs N 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 Williams of the 83rd moves to amend the Floor substitute to HB 1630 as follows:
Page 2 line 7 insert new Section (b)

1630

JOURNAL OF THE HOUSE,

"any person violating this Code section shall be notified via registered U.S. Mail of the alleged violation and shall be given a period of fifteen (15) days from receipt of such notice to cease such violation. Failure to modify alleged violations within the prescribed time shall constitute a willful violation of this Code section."
Add "willfully" between "person" and "violating".
Renumber.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron
Barnard N Bames N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T 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 N Coleman, T N Connell N Crawford

N Crews N Culbreth
N Cummings N Davis, G Y Davis, M NDay
DeLoach, B Y DeLoach, G NDii N Dixon, H
Dixon, S
NDobbs N Ehrhart
NEpps N Evans Y Falls N Felton N Floyd
Godbee N Golden
Goodwin Greene N Grindley N Manner N Harbin N Harris N Heard Heckstall N Hegstrom N 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 Y Lakly NLane N Lawrence NLee N Lewis Y Lifsey
NLord N Lucas N Maddox YMann N Martin N McBee N McCall N McClinton
McKinney N Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal N Orrock NParham

N Parrish N Parsons N Pelote N Perry Y Pinholster NPolak N Ponder N Porter Y Poston N Powell N Purcell, A
Purcell, B NRandall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 26, nays 139. The amendment was lost.

Smith, W NSmyre Y Snelling NSnow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P N Stephenson
S treat N Taylor N Teague N Teper
N Thomas Tillman
N Titus Y Towery N Trense
N Turnquest NTwiggs N Walker, L N Walker, R.L
N Wall N Watson
Watts Y Westmorland N Whitaker N White
N Wiles N Williams, B Y Williams, J N Williams, R Y Woods YYates
Murphy, Spkr

By unanimous consent, the House reconsidered its action in adopting the Wiles amendment.
The motion prevailed.

The following amendment was read and adopted:

Representative Walker of the 141st moves to amend the Wiles amendment to the Floor substitute to HB 1630 as follows:
Add after the word "identified" the words "with the name of the member".

The Wiles amendment, as amended, was adopted.

THURSDAY, FEBRUARY 29, 1996

1631

The following amendment was read:

Representative Barnes of the 33rd moves to amend the Floor substitute to HB 1630 as follows:
By deleting lines 20-34 on page 1 and lines 1-6 on page 2 and inserting:
No person shall in writing or electronically represent that he or she represents a house of the General Assembly unless such representation is authorized by a resolution of the House sought to be represented.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Allen Y Anderson N Ashe
Y Bailey Y Baker Y Bannister NBarfoot N Bargeron
Barnard Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux
Bostick N Breedlove Y Brooks, D Y Brooks, T N Brown, J N Brush YBuck N Buckner YBunn N Burkhalter NByrd N Campbell
Y Canty Y Carter
Chambless Y ChanneU N Guilders N Coker N Coleman, B Y Coleman, T Y Connell Y Crawford

N Crews N Culbretb
Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H
Diion, S Dobbs YEhrhart NEpps Y Evans N Falls N Felton
Y Floyd Godbee
N Golden Goodwin Greene
Y Grindley N Manner N Harbin N Harris N Heard
Hecks tall N Hegstrom N Hembree Y Henson N Holland Y Holmes
Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson N Jenkins Y Johnson, G Y Johnson, J N Johnston
N Jones N Joyce YKaye Y Kinnamon Y Klein NLadd YLakly YLane N Lawrence YLee N Lewis Y Lifsey YLord Y Lucas N Maddox YMann N Martin NMcBee NMcCall Y McClinton N McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock YParham

Y Fairish N Parsons
Pelote N Perry Y Pinholster N Polak N Ponder Y Porter NPoston
Powell N Purcell, A
Purcell, B YRandall N Randolph
Ray Y Reaves Y Reichert Y Roberts N Rogers
Royal N Sanders N Sauder
Scoggins N Shanahan
YShaw Y Sherrill
NShipp Y Simpson N Sinkfield N Skipper
Y Smith, C Y Smith, C.W
Y Smith, L N Smith, P N Smith, T N Smith, V

Smith, W Y Smyre Y Snelling YSnow Y StaUings Y Siancil, F E Stancil, S Y Stanley, L N Stanley, P Y Stephenson
Streat Y Taylor NTeague N Teper N Thomas
Tillman N Titus N Towery NTrense Y Turnquest NTwiggs Y Walker, L
N Walker, R.L N Wall N Watson
Watts N Westmorland N Whitaker Y White Y Wiles N Williams, B Y Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 72, nays 85. The amendment was lost.

The following amendment was read:

Representative Kaye of the 37th, et al. move to amend the Floor substitute to HB 1630 by adding on line 9 of page 1 between the semicolon and the words "to provide" the fol lowing:
"to provide that it shall be unlawful knowingly to transmit data through a computer network or over a local telephone network for the purpose of setting up or exchanging certain electronic information which displays in any manner to a person under 18 years of age certain obscene or indecent communications or knowingly to permit any telecom munications facility under such person's control to be used for an activity prohibited by

1632

JOURNAL OF THE HOUSE,

this Act; to provide certain conditions under which a person shall not be deemed in vio lation of this Act;".
By adding between lines 6 and 7 on page 2 the following:
"(b)(l) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone net work for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data displays in any manner to a per son under 18 years of age any obscene, lewd, lascivious, filthy, or indecent comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs, regardless of whether the user of such service placed the call or initiated the communication or knowingly to permit any telecommunications facility under such person's control to be used for an activity pro hibited by this subsection with the intent that it be used for such activity.
(2) No person shall be held to have violated paragraph (1) of this subsection solely for providing access or connection to or from a facility, system, or network not under that person's control, including transmission, downloading, intermediate storage, accessing software, or other related capabilities that are incidental to providing such access or connection that does not include the creation of the content of the communi cation."
By striking in its entirety line 6 of page 2 and inserting in lieu thereof the following:
"(c) Any person violating subsection (a) or (b) of this Code".
By striking from line 8 of page 2 the following:
"(c)",

and inserting in lieu thereof the following: "(d)".

The following amendment was read and adopted:
Representative Wall of the 82nd moves to amend the Kaye amendment to the Floor sub stitute to HB 1630 as follows: On page 1 - line 28 delete words "image" and on page 1 - line 31 the words "sexual or excretory activities or organs".
The following amendment was read:
Representative Kaye of the 37th moves to amend the Kaye amendment to the Floor sub stitute to HB 1630 as follows: Page 2 line 7 delete "or (b)" insert between lines 8 & 9 on page 2:
"(d) Any person violating subsection (b) of this Code section shall be guilty of a misde meanor of a high and aggravated nature".
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

THURSDAY, FEBRUARY 29, 1996

1633

Men N Anderson
NAshe N Bailey N Baker Y Bannister Y Barfoot Y Bargeron
Barnard YBarnes Y Bates N Benefleld N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn N Burkhalter YByrd N Campbell
Y Canty N Carter
Chambless YChannell N Childers N Coker Y Coleman, B Y Coleman, T NConnell Y Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G YDii N Dixon, H N Dixon, S Y Dobbs YEhrhart N Epps Y Evans Y Falls Y Felton N Floyd
Godbee Y Golden
Goodwin
Greene Y Grindley
N Manner N Harbin N Harris N Heard
Hecks tall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N 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 YLakly YLane N Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann Y Martin Y McBee N McCall N McClinton Y McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal NOrrock YParham

Y Parrish Y Parsons
N Pelote N Perry
Pinholster
YPolak N Ponder
Y Porter Y Poston N Powell N Purcell, A N PurceU, B NRandall N Randolph
YRay N Reaves N Reichert N Roberts N Rogers
Royal Y Sanders
N Sauder N Scoggins N Shanahan
NShaw Y Sherrill
N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P
Y Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 77, nays 89. The amendment was lost.

Smith, W N Smyre Y Smelling N Snow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat N Taylor
NTeague N Teper Y Thomas NTillman
N Titus Y Towery Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L YWall N Watson
Watts Y Westmoreland N Whitaker N White Y Wiles N Williams, B Y Williams, J N Williams, R Y Woods YYates
Murphy, Spkr

Representative Kaye of the 37th withdrew the first Kaye amendment.

The following amendment was read and adopted:

Representative Parsons of the 40th moves to amend the Floor substitute to HB 1630 by inserting after the word "company" on line 4 of page 2 the following:
"or Internet access provider".

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:

N Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates

Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck 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 Y Connell Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
YDay N DeLoach, B Y DeLoach, G

YDix Y Dixon, H Y Dixon, S Y Dobbs NEhrhart
YEpps N Evans N Falls Y Felton Y Floyd
Godbee

1634

JOURNAL OF THE HOUSE,

Y Golden Goodwin Greene
N Grindley Y Banner Y Harbin Y Harris 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 N Johnson, G Y Johnson, J Y Johnston Y Jones

N Joyce N Kaye Y Kinnamon Y Klein NLadd NLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
N Maddox NMann Y Martin YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller

Y O'Neal YOrrock YParham YParrish
Y Parsons Y Pelote
Perry Pinholster YPolak Y Ponder Y Porter NPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Royal
N Sanders Y Sauder

Y Scoggins Y Shanahan YShaw Y SherrUl YShipp Y Simpson Y Sinkfleld Y Skipper Y Smith, C
N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V
Smith, W YSmyre Y Snelling YSnow YStallings Y Stancil, F E Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat

Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus
Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L YWall Y Watson Y Watts N Westmorland Y Whitaker Y White
N WUes 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 142, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1122.

By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding courts, so as to change certain provisions relating to extent of courts' contempt power; to prohibit certain television broadcasting from, or motion picture filming or videotaping in, courtrooms during judicial proceedings in cases except with the consent of all parties.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to gen eral provisions regarding courts, so as to change certain provisions relating to the contempt powers of the several courts; to prescribe standards to be considered by the courts in determining whether to grant requests for the televising, videotaping, or motion picture filming of judicial proceedings; to provide for related matters; to provide for applicability to all judicial proceedings held on or after July 1, 1996; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provi sions regarding courts, is amended by striking subsection (a) of Code Section 15-1-4, relat ing to the contempt powers of the several courts, and inserting in its place a new subsection (a) to read as follows:
"(a) The powers of the several courts to issue attachments and inflict summary punish ment for contempt of court shall extend only to cases of:
(1) Misbehavior of any person or persons in the presence of such courts or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of the officers of the courts in their official transactions;

THURSDAY, FEBRUARY 29, 1996

1635

(3) Disobedience or resistance by any officer of the courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree, or command of the courts; and (4) Violation of subsection (a) of Code Section 34-1-3, relating to prohibited conduct of employers with respect to employees who are required to attend judicial proceed ings;; and (5) Violation of a court order relating to the televising, videotaping, or motion picture filming of judicial proceedings."
SECTION 2. Said chapter is further amended by adding after Code Section 15-1-10 a new Code Section 15-1-10.1 to read as follows:
"15-1-10.1.
(a) It is declared to be the purpose and intent of the General Assembly that certain standards be considered by the courts in determining whether to grant requests for the televising, videotaping, or motion picture filming of judicial proceedings. Such standards are intended to provide an evaluation of the impact on the public interest and the rights of the parties in open judicial proceedings, the impact upon the integrity and dignity of the court, and whether the proposed activity would contribute to the enhancement of or detract from the ends of justice. (b) In considering a request for the televising, videotaping, or motion picture filming of judicial proceedings, the court shall consider the following factors in determining whether to grant such request:
(1) The nature of the particular proceeding at issue; (2) The consent or objection of the parties or witnesses whose testimony will be pre sented in the proceedings; (3) Whether the proposed coverage will promote increased public access to the courts and openness of judicial proceedings; (4) The impact upon the integrity and dignity of the court; (5) The impact upon the administration of the court; (6) The impact upon due process and the truth finding function of the judicial pro ceeding; (7) Whether the proposed coverage would contribute to the enhancement of or detract from the ends of justice; (8) Any special circumstances of the parties, victims, witnesses, or other participants such as the need to protect children or factors involving the safety of participants in the judicial proceeding; and (9) Any other factors which the court may determine to be important under the cir cumstances of the case. (c) The court may hear from the parties, witnesses, or other interested persons and from the person or entity requesting coverage during the court's consideration of the factors set forth in this Code section. (d) This Code section shall not apply to the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record. (e) The court in its discretion may grant requests made under this Code section for all or portions of judicial proceedings."
SECTION 3. This Act shall apply to all judicial proceedings held on or after July 1, 1996.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Poston of the 3rd moves to amend the Committee substitute to HB 1122 as follows:

1636

JOURNAL OF THE HOUSE,

Page 2 line 23 strike "shall" add "may" Page 2 line 11 between "standards" and "be" add "may".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
NAshe N Bailey N Baker Y Bannister
NBarfoot N Bargeron
Barnard
NBarnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell
N Canty N Carter N Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell N Crawford

N Crews N Culbreth N Cummings N Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart NEpps
Evans Y Falls N Felton N Floyd
Godbee N Golden
Good win Greene N Grindley N Hanner N Harbin N Harris 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 N Johnston N Jones Y Joyce YKaye N Kinnamon
Y Klein NLadd NLakly NLane N Lawrence NLee Y Lewis Y Lifsey NLord
Lucas Y Maddox YMann
N Martin N McBee NMcCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock NParham

N Parrish N Parsons N Pelote N Perry
Pinholster N Polak
Ponder Y Porter YPoston N Powell N PurceU, A N PurceU, B NRandall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W
Smith, L N Smith, P N Smith, T N Smith, V

Smith, W N Smyre N Snelling NSnow N Stallings N Stancil, F E Stancil, S N Stanley, L N Stanley, P
Stephenson S treat N Taylor Teague N Teper N Thomas NTfflman N Titus N Towery NTrense N Turnquest NTwiggs N Walker, L N Walker, R.L N Wall N Watson Watts N Westmorland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R Woods N Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 17, nays 144. The amendment was lost.

The following amendment was read:

Representative Poston of the 3rd moves to amend the Committee substitute to HB 1122 as follows:
Page 2, lines 26-27 strike and renumber following subparagraphs.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N Baker N Bannister NBarfoot N Bargeron
Barnard NBarnes

N Bates N Benefield
N Birdsong N Bordeaux
N Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush

NBuck N Buckner YBunn N Burkhalter NByrd N Campbell
N Canty N Carter N Chambless N Channell

N Childers N Coker N Coleman, B N Coleman, T N Connell N Crawford N Crews N Culbreth N Cummings
N Davis, G

Y Davis, M NDay N DeLoach, B N DeLoach, G ND N Dixon, H N Dixon, S N Dobbs N Ehrhart
NEpps

THURSDAY, FEBRUARY 29, 1996

1637

Evans Y Falls N Felton N Floyd
Godbee N Golden
Goodwin Greene N Grindley N Manner N Harbin N Harris 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 N Johnston N Jones Y Joyce YKaye N Kinnamon N Klein NLadd NLakly
NLane N Lawrence
NLee N Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin NMcBee NMcCall N McClinton
McKinney Y Mills N Mobley, B

N Mobley, J N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry
Pinholster NPolak N Ponder Y Porter Y Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph NRay N Reaves N Reichert
Roberta N Rogers N Royal

N Sanders N Sauder
N Scoggim N Shanahan
NShaw N Sherrill
N Shipp N Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W
Smith, L N Smith, P N Smith, T N Smith, V
Smith, W NSmyre N Snelling
NSnow N Stallings N Stancil, F
E Stancil, S N Stanley, L N Stanley, P
Stephenson

On the adoption of the amendment, the ayes were 15, nays 148. The amendment was lost.

Streat N Taylor NTeague NTeper N Thomas NTiUman N Titus N Towery N Trense N Turnquest NTwiggs N Walker, L N Walker, R.L N Wall N Watson
Watts N Westmorland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R N Woods N 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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck Y Buckner N Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B

Y Coleman, T Y Connell 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
Felton Y Floyd
Godbee Y Golden
Goodwin Greene Y Grindley Y Hanner Y Harbin Y Harris 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 N Joyce NKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee N 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 Y Mueller Y O'Neal
Y Orrock YParham Y Parrish Y Parsons Y Pelote
Y Perry Pinholster
YPolak Y Ponder Y Porter N 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 Y Scoggins Y Shanahan

YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W
Smith, L N Smith, P Y Smith, T Y Smith, V
Smith, W
YSmyre Y Snelling YSnow Y Stallings Y Stancil, F E Stancil, S Y Stanley, L Y Stanley, P
Stephenson Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
YTwiggs

1638

JOURNAL OF THE HOUSE,

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

N Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1252.

By Representatives Sauder of the 29th, Parsons of the 40th, Walker of the 141st, Carter of the 166th, Shipp of the 38th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of the qualifying period by municipal superintendents; to provide for a minimum and maximum number of days for qualifying; to provide that such days shall be consecutive; to pro vide the earliest commencement date and latest ending date for qualifying periods for general elections; to provide the latest ending date for qualifying periods for special elections.

The following amendments were read and adopted:

Representatives Connell of the 115th and Alien of the 117th move to amend HB 1252 as follows: On page 2 after line 25 a new Section "2" to read as follows:
Any consolidated government effective on Jan. 1, 1996 is exempted from this Act.
And renumbering Section "2" as Section "3".

Representative Parsons of the 40th moves to amend HB 1252 as follows:
Line 23 and line 25 delete word "superintendent" and insert thereof "governing author ity".

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 Alien Y Andereon Y Ashe
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates
Y Benefield Y Birdsong Y Bordeaux
Bostick YBreedlove

Y Brooks, D Y Brooks, T Y Brown, J
Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty
Y Carter Y Chambless Y Channell Y Childers Y Coker

Y Coleman, B Y Coleman, T Y Connell
Y 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

Y Ehrhart Y Bpps
Evans
Y Falls Y Felton Y Floyd
Godbee Y Golden
Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Heard
Heckstall

Y Hegstrom Y Hembree Y Henson
Y Holland Holmes
Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones

THURSDAY, FEBRUARY 29, 1996

1639

Y Joyce YKaye Y Kinnamon
Y Klein YLadd YLakly
YLane Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas Y Maddc*
Mann Y Martin
YMcBee YMcCall Y McClinton Y McKinney

Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry
Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B

YRandall 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
Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F E Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor YTeague Y Teper Y Thomas
Tillman

Y Titus Y Towery Y Trense Y Turnquest YTwiggs
Walker, L Y Walker, R.L YWall 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, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Industry and referred to the Committee on Judiciary:

HB 1371.

By Representatives Powell of the 23rd, Benefield of the 96th, Bailey of the 93rd, Walker of the 141st, Lee of the 94th and others:
A bill to amend Chapter 11 of Title 13 of the Official Code of Georgia Anno tated, known as the "Georgia Prompt Pay Act," so as to provide that pay ment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor to a subcontractor is not a condition precedent for payment to any other subcontractor, and any agree ment to the contrary is unenforceable.

The following Resolutions of the House were read and adopted:

HR 1146. By Representatives Walker of the 87th and Johnson of the 84th: A resolution expressing regret at the passing of Sheriff Franklin Thornton.

HR 1147. By Representatives Westmoreland of the 104th, Yates of the 106th and Brooks of the 103rd:
A resolution commending the Sons of Confederate Veterans.

HR 1148. By Representative Brooks of the 103rd: A resolution commending Edward Vaughan Spearman.

HR 1149. By Representative Murphy of the 18th: A resolution commending Henderson's Restaurant.

HR 1150. By Representative Hegstrom of the 66th: A resolution commending Ernest A. Carroll.

1640

JOURNAL OF THE HOUSE,

HR 1151. By Representatives Westmorland of the 104th and Lakly of the 105th: A resolution commending the Sons of Confederate Veterans.

HR 1152. By Representatives Mueller of the 152nd, Breedlove of the 85th, Irvin of the 45th, Evans of the 28th and Ehrhart of the 36th:
A resolution celebrating the birth of Claire Craig Temple.

HR 1153. By Representatives Mueller of the 152nd, Breedlove of the 85th, Irvin of the 45th, Evans of the 28th and Ehrhart of the 36th:
A resolution celebrating the birth of Alyssa Gnewuch Temple.

HR 1155. By Representative Shanahan of the 10th: A resolution expressing condolences on the passing of Kathleen Gold.

HR 1156. By Representatives Jenkins of the 110th and Smith of the 109th: A resolution commending Christopher Robert Johnston.

HR 1157.

By Representatives Byrd of the 170th, Smith of the 169th and Mosley of the 171st:
A resolution commending the Hazlehurst First Methodist Church and the Philadelphia Methodist Church.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1106.

By Representatives Jones of the 71st, Lawrence of the 64th and Henson of the 65th:
A resolution commending Oluwamuyiwa Olubuyide and inviting him to appear before the House of Representatives.

HR 1107.

By Representative Jones of the 71st:
A resolution commending Mr. Vance Harper and the employees of Nick's Barber Shop and inviting Mr. Vance Harper and the employees of Nick's Barber Shop to appear before the House of Representatives.

HR 1108.

By Representatives Jones of the 71st, Henson of the 65th, Lawrence of the 64th and Baker of the 70th:
A resolution commending Saloni Saraiya and inviting her to appear before the House of Representatives.

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

THURSDAY, FEBRUARY 29, 1996

1641

HB 1735 Do Pass, by Substitute

Respectfully submitted, M Royal of the 164th
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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1654 Do Pass, by Substitute HB 1834 Do Pass HR 1129 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1753 Do Pass
Respectfully submitted, /s/ Dixon of the 168th
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1104 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Pursuant to SR 601, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, March 5, 1996.

1642

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 5, 1996

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
Bargeron
Barnard
Barnes Benefield Birdsong Bostick Breedlove Brooks, T Brown, J
Buck
Buckner
Bunn
Burkhalter
Byrd Canty Carter Chambless Channel! Childers Coker Coleman, B Coleman, T ConneU Crawford Crews Culbreth

Cummings Davis, G Davis.M Day DeLoach, B DeLoach, G Dix Diion, H Dobbs Ehrhajt Epps Evans Falls Felton Floyd Goodwin Greene Harbin Heard Hegstrom Hembree Holland Howard Hudson
Johnson, G Johnson, J Johnston

Joyce Kaye
Kinnamon
Klein Ladd Lakly Lane Lawrence Lee Lewis Lord Maddox Mann Martin McBee McCall McClinton McKinney Mills Mobley, B Mobley, J Mosley Mueller
Orrock Parrish Parsons Pelote Perry

Pinholster Polak Ponder Porter Poston Powell Purcell, B Randall Randolph Ray Reaves Reichert Roberts Rogers Royal Sanders Shanahan
Shaw SherrUl Shipp
Simpson Sinkfleld Skipper Smith, C Smith, C.W Smith, L Smith, P

Smith, T Smith, V Smyre Snelling S tailings Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Teper Thomas Tillman Titus Twiggs 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 Turnquest of the 73rd, Parham of the 122nd, Harris of the 17th, Walker of the 87th, Grindley of the 35th, Jamieson of the 22nd, Barfoot of the 155th, Irvin of the 45th, Bailey of the 93rd, Snow of the 2nd, Henson of the 65th, Lucas of the 124th, Golden of the 177th, Trense of the 44th, Jones of the 71st, Bordeaux of the 151st, Ashe of the 46th, Hugley of the 133rd, Purcell of the 147th, Hanner of the 159th, Lifsey of the 6th, Godbee of the 145th, O'Neal of the 75th, Brooks of the 103rd, Campbell of the 42nd, Scoggins of the 24th, Holmes of the 53rd, Williams of the 83rd, Brush of the 112th, Teague of the 58th, Dixon of the 150th, Jenkins of the 110th, Heckstall of the 55th and Alien of the 117th.
They wish to be recorded as present.

Prayer was offered by the Reverend Dr. Robin L. Lindsey, Pastor, First United Meth odist Church, Eatonton, 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.

TUESDAY, MARCH 5, 1996

1643

The Journal was confirmed.

Pursuant to Rule 58, Representative Kaye of the 37th served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on Rules to report the following Bill back to the House:

HB 1103. By Representatives Kaye of the 37th, Poston of the 3rd, Lakly of the 105th, Smith of the 102nd, Barnes of the 33rd and others:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials' conduct and disclosure by lob byists, so as to prohibit gratuitous transfers and loans to members of the General Assembly and their spouses and children by lobbyists and persons, organizations, and entities represented by lobbyists.

Pursuant to Rule 58, Representative Joyce of the 1st served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on Judiciary to report the following Resolution back to the House:

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.

Pursuant to Rule 58, Representative McKinney of the 51st served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Committee on Legislative and Congressional Reapportionment to report the following Bill back to the House:

HB 1144. By Representative McKinney of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and pri maries generally, so as to provide definitions and descriptions for use in des ignating congressional districts; to provide for the description of congressional districts; to provide for the election of members of Congress.

Pursuant to Rule 58, Representative Woods of the 32nd served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on Judiciary to report the following Resolution back to the House:

HR 741. By Representative Woods of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for limitations and restric tions on the powers and authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1644

JOURNAL OF THE HOUSE,

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 qills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1855. By Representative Carter of the 166th:
A bill to amend an Act creating the Board of Education of Berrien County, so as to change the description of the districts from which members of such board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1856. By Representatives Anderson of the 116th and DeLoach of the 119th:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to increase the salary of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1857. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to require abstention from voting under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1858. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide that the mayor of the City of Lithia Springs, and not a designee of the mayor, shall be an ex officio mem ber of the authority board of directors.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1859. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of determining whether each of the five members of the Bartow County Board of Education should reside in a single-member education district and be elected by the voters residing only in that education district or should reside in a single-member education dis trict and be elected by the voters of the entire Bartow County School Dis trict.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 5, 1996

1645

HB 1860. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for the board of edu cation of Douglas County, so as to provide for compensation of members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1861. By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the reimbursement of the members of said board of commissioners for travel expenses.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1862. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Yates of the 106th and Epps of the 131st:
A bill to create the City of Grantville Utilities Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1863. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to change the term of office of the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1864. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for a board of education to be composed of 11 mem bers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1865. By Representatives Polak of the 67th, Teper of the 61st, Baker of the 70th, Randolph of the 72nd, Mobley of the 69th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the corporate limits of the City of Decatur.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1866. By Representatives Dixon of the 150th, Thomas of the 148th, Pelote of the 149th and Bordeaux of the 151st:
A bill to amend an Act relating to the school system of the City of Savannah and County of Chatham, so as to provide that the members of the board of education shall be nominated and elected on a nonpartisan basis.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1867. By Representatives Hembree of the 98th and Snelling of the 99th: A bill to provide a new charter for the City of Lithia Springs.
Referred to the Committee on State Planning & Community Affairs - Local.

1646

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1839 HB 1841 HB 1842 HB 1843 HB 1844 HB 1845 HB 1846 HB 1847 HB 1848 HB 1849 HB 1850 HB 1851

HB 1852 HB 1853 HB 1854 HR 1144 HR 1145 HR 1154 SB 3 SB 409 SB 698 SB 735 SR 506 SR 507

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1464 Do Not Pass SB 11 Do Pass, by Substitute SB 517 Do Pass

SB 518 Do Pass, by Substitute SB 645 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 33 Do Pass SB 499 Do Pass SB 506 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

TUESDAY, MARCH 5, 1996

1647

HR 1045 Do Pass, as Amended HR 1110 Do Pass

Respectfully submitted, M 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 494 Do Pass, by Substitute SB 576 Do Pass, by Substitute
Respectfully submitted, M 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1751 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:

HB 1447 Do Pass, by Substitute HB 1672 Do Pass HB 1835 Do Pass HB 1836 Do Pass

HB 1837 Do Pass HB 1840 Do Pass SB 622 Do Pass, as Amended SB 740 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

1648

JOURNAL OF THE HOUSE,

HOUSE RULES CALENDAR TUESDAY, MARCH 5, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enu merated below:
HB 460 Adult residential care homes; provisions HB 825 Ad valorem tax; returns; digests; hearings; amend provisions HB 840 Charitable solicitations; registration with Secretary of State HB 963 Teachers Ret; former members of cert local systems; benefits HB 1006 Dist Attorneys' Ret; assistant DA; prior serv credit HB 1115 Cts; students req/attend jud proceedings; conduct of educator HB 1295 Deposit account fraud; interest on restitution HB 1394 Hospitals; staff privileges; prohibit certain denial HB 1396 Courts; judicial office; additional qualification HB 1399 Sales tax exempt; cert sales by charitable organizations HB 1430 St courts of counties; revise provisions relating to solicitors HB 1440 Emer Mgmt, Preparedness, and Assistance Trust Fund; provisions HB 1444 Schools; disciplinary decisions; appeals HB 1494 Workers' compensation claims; merit rating plan HB 1561 Tax returns in certain counties; time for making HB 1575 Emer medical facilities; evaluation and stabilization of patient HB 1626 Trials; continuances; General Assembly attendance HB 1637 Raffles; nonprofit organizations; limited licenses HB 1683 County boards of tax assessors; terms HB 1785 Quality basic education; financing; program weights
HR 854 Emergency mgmt, prep, and assist trust fund; auth creation - CA HR 885 Long County; convey property HR 1003 T. C. Hallman Memorial Bridge; designate HR 1004 Gregory Bridge; designate HR 1005 Hamilton E. Holmes Drive; designate HR 1039 "O.H. Banks Memorial Bridge"; redesignation HR 1040 "E. Clyde Kelly Memorial Bridge"; redesignation HR 1073 Daniel Warnell Lee Memorial Bridge; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1447. By Representative McKinney of the 51st:
A bill to re-create a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census so as to give to such courts jurisdiction to try offenses against the traffic laws of this state and offenses against traffic ordinances committed within the territorial juris diction of such cities.

The following Committee substitute was read and adopted:

TUESDAY, MARCH 5, 1996

1649

A BILL
To re-create a system of state courts of limited jurisdiction for each city of this state hav ing a population of 300,000 or more according to the United States decennial census of 1990 or any future such census so as to give to such courts jurisdiction to try offenses against the traffic laws of this state and offenses against traffic ordinances committed within the territorial jurisdiction of such cities; to provide for the constitutional authority for this Act; to provide for legislative findings; to provide for jurisdiction; to provide for the qualifications, oath, compensation, restriction on the practice of law, and authority of judges; to provide for appointments, vacancies in office, and removal and retirement of judges; to provide for the retention and terms of office of judges; to provide for a chief judge and a chief judge pro tempore and their related duties; to provide for hearings in open court and chambers; to provide for jurors and jury trials; to provide for the appoint ment, qualifications, and salaries of solicitors and assistant solicitors; to provide for the retention and terms of office of solicitors; to provide for appointment, qualifications, and compensation of a public defender and appointed counsel; to provide for the clerk, consta bles, bailiffs, investigators, and other court personnel; to provide for service of judges pro hac vice and solicitors and public defenders pro hac vice; to provide for service of senior judges; to provide for terms of court; to provide for the housing, facilities, and violation bureaus of such courts; to provide for a director; to provide for probation for probationers of such courts; to provide for criminal prosecutions and appeals; to provide for the disposi tion of fines and forfeitures; to provide for additional penalties and their disposition; to provide that any such court shall be a successor court to any current such court; to provide for transfer of cases and certain materials; to provide for the specific repeal of certain prior statutes relating to such courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Establishment. Pursuant to the provisions of Article VI, Section I of the Constitution of the State of Georgia, as amended, and the provisions of that constitutional amendment authorizing the General Assembly to create a new court or system of courts in each city having a popula tion of more than 300,000 and to provide jurisdiction of such court or system of courts (Res. Act No. 81; H.R. 167-510; Ga. L. 1967, p. 963), which constitutional amendment was specifically continued in force and effect on and after July 1, 1987, as a part of the Consti tution of the State of Georgia by an Act approved March 26, 1986 (Ga. L. 1986, p. 4820), there is hereby established in each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such a court to be known as the city court of such city. Such courts shall be considered courts of record and shall have a seal of appropriate design prescribed by the governing authority of each city; and the minutes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render necessary, be kept in and for such courts.
SECTION 2. Legislative determination. It is hereby declared as a matter of legislative determination: (1) That the problem of the enforcement of the criminal laws and ordinances involv ing the operation or ownership of motor vehicles upon the streets and highways of the state is particularly acute in areas where there are densely concentrated populations; (2) That such traffic laws and regulations may be enforced more effectively, effi ciently, and justly by the creation of courts specifically designed for such service in congested areas; and that such courts are state courts of limited jurisdiction. (3) That the provisions of this Act will promote the general defense and public wel fare.
SECTION 3. Jurisdiction. Each such court shall have jurisdiction coextensive with the territorial limits of the city in which it is located over:

1650

JOURNAL OF THE HOUSE,

(1) All crimes and offenses under the laws of the state relating to and regulating traf fic, and all other crimes and offenses arising out of the same occurrence as such traffic offense, not above the grade of misdemeanor and not exclusively cognizable in the superior courts; provided, however, no defendant shall be tried on a misdemeanor charge in any county except where the alleged offense was committed. (2) All offenses against the duly enacted laws and ordinances of such city relating to and regulating traffic, and all other offenses against laws and ordinances of such city arising out of the same occurrence as such traffic offense. Punishment for such offenses shall be imposed as provided by laws and ordinances duly enacted by the governing authority of such city.
SECTION 4. Judges; qualifications; oath; compensation; restriction
on practice of law. (a) There shall be a chief judge of each such court and such number of judges as may be necessary to conduct the business of the court. (b) Each judge shall have been for at least one year prior to appointment and continue to be during the term of office a resident of the city in which he or she is selected to serve, shall have been a resident of the state for at least three years next preceding the beginning of his or her term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for at least five years. Any judge holding office in such courts on the effective date of this Act but not a resident of the city as provided herein shall be eligible for retention in office as provided herein. (c) Before discharging his or her duties, each judge shall take the same oath as judges of the superior courts. (d) The annual salaries of the chief judge and of each judge shall be fixed by the govern ing authority of each city. However, the annual salaries of the chief judge and judges shall be no less than 90 percent of the annual salaries of the judges of the state court within the territorial jurisdiction of said court. (e) A full-time judge of such courts shall not engage in the private practice of law or hold any other public office or office in any political party. Any person appointed a judge pro hac vice pursuant to the provisions herein may engage in the private practice of law in other courts but may not practice in his or her own court or appear on any matter as to which that judge has exercised jurisdiction.
SECTION 5. Vacancies; method of appointment; removal; retirement. (a) In the event of a vacancy in office of a judge of the court for any cause, the mayor shall fill such vacancy by appointing one of three qualified persons nominated by a judicial nominating commission constituted for the purpose of nominating city court judges in the territorial jurisdiction. All members of such commission shall reside within the city where such court is located. If such a commission does not exist within the territorial jurisdiction, the mayor shall appoint one of three qualified persons nominated by the judges of the superior court having territorial jurisdiction in the county where such court is located. Each judge so appointed shall hold office for a term ending with the regular city election following the date of appointment. (b) Judges of a city court shall be subject to discipline, removal, and involuntary retire ment pursuant to Article VI, Section VII, Paragraphs VI and VII of the Constitution of the State of Georgia.
SECTION 6. Retention of judges; term of office; failure to be retained. (a) A judge of such court who shall desire to retain judicial office for a succeeding term shall file, with the municipal clerk not more than 90 days nor less than 60 days prior to each regular municipal election prior to the expiration of the judge's then term of office, a declaration of intent to run for another term. (b) Upon the filing of the above declaration, a question shall be placed upon the appropri ate ballot of such election within the territorial jurisdiction of the court as follows:

TUESDAY, MARCH 5, 1996

1651

"Shall Judge (Name of judge) of the (Name of the city) City Court be retained in office?
____ Yes, to retain ____ No, against retention."
(c) As of the November, 1997, regular municipal elections in the territorial jurisdiction where such courts are located, if a majority of those voting on such question vote to retain a judge, the judge is thereupon retained for a four-year term commencing on the first Monday in January following each such election. If a majority of those voting on such question vote not to retain a judge, a vacancy shall exist upon the expiration of the term being served by the judge. Such vacancy shall be filled in accordance with the provisions of this Act. (d) Any judge failing to be retained by electors shall be ineligible for appointment to any such court for a period of four years.
SECTION 7. Chief judge--selection; chief judge pro tempore; duties. (a) The judges of each such court shall elect by majority vote a chief judge from one of their number for a term of two years. The chief judge may succeed himself or herself for successive terms. A majority vote of all judges, including the chief judge, shall be required to remove an incumbent from the office of chief judge. In case of illness or temporary absence or incapacity of the chief judge, the judges shall select by majority vote one of their number to act as chief judge pro tempore. (b) If no chief judge has been elected within 30 days after the creation of a vacancy, the judge senior in length of continuous judicial service on such court shall be ex officio chief judge. (c) The chief judge of the court shall be responsible for the general superintendence of the business of the court. He or she shall promulgate all rules necessary for the supervi sion, conduct, and administration of said court, including but not limited to the following: determine the number of divisions into which the court shall be divided and assign the judges or judges pro hac vice to duty therein; prescribe the days and hours for the sessions of the various divisions of the court; prescribe the form and manner for the preparation and keeping of such calendars, dockets, and records of such court; call and preside at meetings of the judges of the court; require such reports from the judges, judges pro hac vice, solicitor, clerk, and other court personnel as deemed necessary and proper; prepare and submit the budget of said court to the mayor and city council and other appropriate departments, committees, and agencies; and perform other such duties as required by law.
SECTION 8. Authority of judges generally. The judges of such courts shall have the same authority as judges of the superior courts to: (1) Compel the production of books, papers, and other documentary evidence in the possession of any party; (2) Enforce obedience to their orders, judgments, and sentences with the same author ity as judges of superior courts; (3) Compel the attendance of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other pro cesses in cases within its jurisdiction; (4) Punish those in its presence for contempt by fines not exceeding $500.00 or by imprisonment not exceeding 20 days or both; (5) Establish bail and forfeit bonds with the same authority as the judges of superior courts, except such bonds as may by law only be set by judges of superior courts; (6) Administer oaths and exercise all other powers necessarily appertaining to their jurisdiction or which may be granted them by law; (7) Issue criminal warrants either on their own knowledge or on information given under oath; (8) Suspend or revoke the driver's license of any person found guilty of the violation of such traffic laws and ordinances;

1652

JOURNAL OF THE HOUSE,

(9) Probate, revoke, amend, remit, modify, alter or suspend sentences imposed; (10) Take affidavits and attest other papers; and (11) Such other powers and duties as shall be provided by law.
SECTION 9. Hearings on merits in open court; other
proceedings allowed in chambers. All trials and preliminary hearings on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. All other proceedings, hearings, and acts may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judges of such courts may hear motions and enter orders in all cases pending in the court over which he or she presides in open court or chambers. The pro ceedings after information, accusation, uniform traffic citation, or summons shall conform to the rules governing like proceedings in superior courts.
SECTION 10. Jurors; jury trials. (a) All laws with reference to the number, composition, qualifications, impaneling, chal lenging, and compensation of jurors in state courts within the territorial jurisdiction of such courts shall apply to and be observed by each such courts. (b) In all instances where an accused has a right to a trial by jury, the judges of any such courts shall adhere to the practices and procedures of state courts.
SECTION 11. Solicitors; appointment; qualifications; assistants; prohibition on practice of law;
salaries; budget. (a) There shall be a solicitor of such courts and as many assistant solicitors for each of such courts as there are regular judges. Each solicitor and assistant solicitor shall take the same oath and perform the same duties as solicitors of the state courts, as far as applica ble to and not inconsistent with this Act. (b) The solicitors of each court shall be appointed and retained in the same manner as provided for judges within this Act. (c) Each solicitor shall have been for at least one year prior to appointment and continue to be during the term of office a resident of the city in which he or she is selected to serve, shall be at least 25 years of age, and shall have been admitted to practice law in the State of Georgia for at least five years. (d) Assistant solicitors shall be appointed by each solicitor and serve at his or her discre tion. Each person so appointed shall have been admitted to practice law in the State of Georgia. (e) Any full-time solicitors and assistant solicitors may not engage in the private practice of law. A part-time assistant solicitor of such courts may engage in the private practice of law but may not practice or appear in any matter as to which he or she has exercised jurisdiction. (f) The annual salary of the solicitor and the annual salary of each assistant solicitor shall be fixed and determined by the governing authority of the city payable as provided by the governing authority for other employees within the city. (g) The solicitor shall prepare and submit an annual budget for his or her office to the mayor and city council within the territorial jurisdiction.
SECTION 12. Public defender; appointment; qualifications; prohibition on practice of law;
compensation; budget. (a) Any such courts shall provide for the representation of indigent defendants by a public defender's office. (b) The public defender shall be appointed in accordance with the provisions of subsection (a) of Section 5 of this Act. The provisions relating to the qualifications, appointment of assistants, prohibition on the private practice of law, compensation, and budget of the

TUESDAY, MARCH 5, 1996

1653

solicitor in Section 11 of this Act shall apply to the public defender. Any person appointed public defender shall be appointed to a four-year term of office and shall serve until a suc cessor is duly appointed and qualified in accordance with the provisions of this Act.
SECTION 13. Investigators. There shall be not less than one investigator for each of such courts, each of whom shall be appointed by and serve at the discretion of the solicitor.
SECTION 14. Clerk and other court personnel; prohibition. (a) There shall be a clerk of each such court, as many deputy clerks as there are regular judges, and such clerical assistants as the judges determine necessary for the efficient oper ation of the court. The clerk, deputy clerks, and clerical assistants shall be appointed by the judges of each of such courts in conference and shall serve at their discretion. Any per son appointed clerk shall be a resident of the city in which such court is located during his or her term of office. However, the residency requirement herein shall not apply to any person holding the position of clerk, but not a resident of the city, on the effective date of this Act. (b) The clerk, deputy clerks, and clerical assistants shall have the same powers and duties as like officers of the superior courts, as far as applicable to and not inconsistent with this Act. Each clerk and deputy clerk shall be responsible for all moneys collected and shall give bond for the faithful discharge of his or her duties in such amount as may be fixed by the governing authority of each of such cities. (c) The clerk shall further submit to the chief judges of such courts recommendations for improving the efficiency and operation of the court; assist the chief judges in the prepara tion of budgeting and fiscal reports and documents as may be necessary for the proper operation and maintenance of the court; maintain and keep the seal of such courts; and perform such other duties as may be required by law or the chief judge. (d) The clerk and court personnel as provided herein are prohibited from practicing law in their own or another's name, as a partner or otherwise, in any court except in their own case.
SECTION 15. Bailiffs.
There shall be as many bailiffs for each of such courts as there are regular judges. Each bailiff shall be appointed by and serve at the discretion of the judges in conference, shall attend all sittings of the court, and shall perform such other duties as may be prescribed by the judges.
SECTION 16. Constables.
The constables of each of such courts shall be the sheriffs and deputy sheriffs of the sev eral counties of this state and the chief of police and the regularly elected and qualified members of the police department of each city, each of whom shall serve all processes and orders to them directed.
SECTION 17. Service by judges pro hac vice. Upon certification by the chief judge that the business of the court is such that additional help is needed to promptly handle the business of the court, the chief judge may appoint one or more attorneys at law to act as judge pro hac vice. Any person appointed judge pro hac vice shall possess the same qualifications as required for judges within this Act. Each judge pro hac vice while serving as such shall have all the powers and authority of a judge.
SECTION 18. Service by senior judges. (a) The office of senior judge of such court is created. Any judge, chief judge, or judge of any such court who retires pursuant to the provisions of applicable laws relating to such retirement shall be a senior judge on the effective date of such retirement.

1654

JOURNAL OF THE HOUSE,

(b) Senior judges may be called upon to serve as judges of such court when a regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as additional or substitute judge. Such senior judge shall have all the power and authority when so designated or assigned as a judge of such court. Such senior judges shall be compensated in addition to retirement pay in the amount paid to judges pro hac vice of such court for such services. In addition to such compensation, such judges shall receive mileage at the same rate as other employ ees of the city for such services. Said compensation and mileage shall be paid from city funds appropriated or otherwise available for the operation of such court upon a certificate by the judge as to the number of days served and the mileage. Such compensation shall not diminish or otherwise impair the payment or receipt of any retirement or pension ben efits of such judge.
SECTION 19. Solicitors and public defenders pro hac vice. (a) The solicitors shall appoint solicitors pro hac vice as needed by such courts, and as provided by the governing body of each city, to act in the event of emergency or necessity except as provided herein. (b) The chief judge of any such courts shall appoint solicitors pro hac vice or public defenders pro hac vice when there is a conflict of interest associated with the office of the solicitor or public defender. For the appointment of a solicitor pro hac vice or public defender pro hac vice, the solicitor or public defender shall make a written request to the chief judge or file a motion before the court setting out the nature of the conflict of inter est.
SECTION 20. Terms of court. Each court shall have two terms of six months, each term to be designated by the name of the month in which the term begins and shall also have such adjourned terms as the chief judge may prescribe. Two or more sessions of each court may be held at the same time and each court shall sit at such places within the city as the governing authority shall provide.
SECTION 21. Housing and facilities for courts. Each court shall sit at such places within the city as the governing authority shall provide. However, the governing authority of each city shall provide adequate courtrooms, offices, equipment, and other facilities necessary for the operation of each of such courts.
SECTION 22. Violation bureau; director. (a) The governing authority of each city may provide a violation bureau for the payment of fines for violations of traffic ordinances of the city without offenders being required to make an appearance in court. The fines for such offenses shall be in accord with a sched ule of fines determined by the chief judge. However, such procedures shall not be available for violations involving an accident or driving while under the influence of intoxicants, whether or not an accident occurs. (b) There shall be a director of the violation bureau who shall be appointed by and serve at the pleasure of a majority of the judges.
SECTION 23. Probation.
When such courts are located in counties having a county probation system where the pro bation officers are functioning and deemed to be the same as circuit probation officers under the provisions of Article 2 of Chapter 8 of Title 42 of the O.C.G.A., the "State-wide Probation Act," probationers from such courts shall be supervised by the county probation system. The expense of supervising such probationers shall be paid by such cities out of the moneys collected as fines and forfeitures.

TUESDAY, MARCH 5, 1996

1655

SECTION 24. Criminal prosecutions. Criminal prosecutions in such courts may be instituted by summons, written information, or accusation specifically setting forth the offense charged. Such information, accusation, or summons may be signed by the solicitor or assistant solicitor or by the chief of police or any member of the police department.
SECTION 25. Appellate review. The orders, verdicts, judgments, and sentences of such courts shall be subject to appellate review in accordance with the provisions of general law: (1) By the appropriate appellate court of this state in misdemeanor cases; and (2) By writ of certiorari in the appropriate superior court in all other cases.
SECTION 26. Fines and forfeitures; priority in distribution. Except as provided in Sections 27 and 28 of this Act, all moneys arising from fines or for feitures imposed and collected in such courts shall be paid into the treasury of the respec tive cities and shall be used first to cover the housing facilities, equipment, personnel and personnel training, and other costs necessary for the administration of such courts. Any remaining funds shall be used to defray the expenses associated with the enforcement of laws and ordinances relating to and regulating traffic.
SECTION 27. Additional penalty. (a)(l) In every traffic case, other than parking violations, in which a court imposes a fine under this Act for a violation of a state law or local ordinance there shall be imposed as an additional penalty a sum not to exceed $3.00. (2) At the time of posting bail or bond in any traffic case before a court under this section, an additional sum not to exceed $3.00 shall be posted. In every traffic case in which a court under this section orders the forfeiture of bail or bond, the additional sum posted shall be paid over as provided in subsection (b) of this section. (b) The additional penalty in cases in which fines are imposed and the additional sum for forfeiture of bails and bonds provided for in paragraphs (1) and (2) of subsection (a) of this section shall be collected by the court officer charged with the duty of collecting fines and forfeited bails or bonds. The funds collected shall be distributed by the finance department of the city served by the traffic court created by this Act. One-third of the funds collected shall be distributed to the court created by this Act in support of the Vic tims and Witnesses Assistance Program operated by the chief judge of such court. Twothirds of the funds collected under this Act shall be distributed by the city finance department to the crime commission serving such city, in support of the Victims and Wit nesses Assistance Program operated by the crime commission in the municipal court of said city. Budgets for each of the Victims and Witnesses Assistance Programs named in this section shall be submitted to the finance committee of the city council for review and approval of the distribution of the funds. An annual report to the governing authority of the city served by the traffic court created by this Act of the moneys received by each recipient of these funds shall be made by the chief judge of each court in which a Victims and Witnesses Assistance Program is supported by the funds collected under this section. (c) Except as otherwise provided in subsection (b) of this section and except as otherwise provided in Section 28, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective city served by the court and shall be used exclusively to defray the expense of operating such courts and the enforcement of the laws and ordinances relating to and regulating traffic.
SECTION 28. Additional penalty. (a)(l) In every case in which such courts shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional

1656

JOURNAL OF THE HOUSE,

penalty a sum equal to 10 percent of the original fine. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in Sections 26 and 27 of this Act. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which such courts shall order the forfeiture of bail or bond, the addi tional sum equal to 10 percent of the original bail or bond shall be paid over as pro vided in subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition to any sums provided for in paragraph (2) of subsection (a) of Section 27 of this Act. (b) Such sums required by subsection (a) of this section and Section 27 of this Act shall be in addition to that amount required by Code Section 47-17-60 of the O.C.G.A. to be paid into the Peace Officers' Annuity and Benefit Fund or by Code Section 47-11-51 of the O.C.G.A. to be paid into the Judges of the Probate Courts Retirement Fund of Geor gia. (c) The sums provided for in subsection (a) of this section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the city in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the "city jail fund." (d) Any person whose duty it is to collect and remit the sums provided for in this Act who fails or refuses to remit such sums by the date required by this Act shall be guilty of a misdemeanor. (e) Moneys collected pursuant to this section and placed in the city jail fund shall be expended by the governing authority of the city solely and exclusively for constructing, operating, and staffing city jails, city correctional institutions, and city detention facilities or for the purpose of contracting for such facilities with other cities, counties, the state, or other political subdivisions. The city jail fund and moneys collected pursuant to this Act to be placed in the city jail fund may be pledged as security for the payment of bonds issued for the construction of city jails, city correctional institutions, and city detention facilities. This section shall not preclude the appropriation or expenditure of other funds by the governing authority of any city or by the General Assembly for the purpose of con structing, operating, or staffing city jails, city correctional institutions, and city detention facilities.
SECTION 29. Continuance of certain courts; transfer of cases. Any such court or system of courts created and in existence pursuant to an Act approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is continued in existence, but on and after the effective date of this Act shall be constituted as provided in this Act. All cases and matters that are pending in such court or system of courts shall be transferred to the court created under this Act. All records, books, and documents relating to such cases or prior cases shall be transferred likewise.
SECTION 30. Specific repealer. An Act to create a system of traffic courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000 by the Federal Census of 1960, or any future Federal Census, giving to such courts jurisdiction to try offenses against the traffic laws of this State and offenses against traffic ordinances committed within the territorial jurisdiction of such cities, approved April 21, 1967 (Ga. L. 1967, p. 3360), and all amendatory Acts thereto, are repealed in their entirety.
SECTION 31. General repealer. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 5, 1996

1657

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

HB 1672. By Representatives Campbell of the 42nd and Trense of the 44th:
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 each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1835.

By Representatives Kinnamon of the 4th, Mann of the 5th and Lifsey of the 6th:
A bill to provide a homestead exemption from certain Whitfield County School District 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 are 65 years of age or older and whose income from all sources, including the income of all individuals residing within said home stead, does not exceed $15,000.00 per annum.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1836.

By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide homestead exemptions from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for edu cational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 excluding certain benefits, and who are totally disabled paralyzed homeowners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1837.

By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commis sioners for the County of Jackson," so as to provide that the board of com missioners of Jackson County shall be composed of a chairperson and five commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was to.

HB 1840.

By Representative Martin of the 47th:
A bill to amend an Act fixing the compensation of the board of commission ers of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relating to the United States decennial census used for the population classifications of such counties.

1658

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 622. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, as amended, so as to change the provisions relating to the compensation of the members and chairperson of said board; to provide an effective date.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend SB 622 by adding on line 5 of page 1 between the semicolon and the word "to" the following:

"to provide for a referendum;".

By striking in their entirety Sections 2 and 3 on lines 22 through 26 on page 1 and insert ing in lieu thereof the following:

"SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Savannah and County of Chatham School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 1996 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 Chatham County. The ballot shall have written or printed thereon the words:

'( ) YES ( ) NO

Shall the Act be approved which increases the annual compensation received by the members and chairperson of the Board of Public Education for the City of Savannah and the County of Chatham?'

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 it shall become of full force and effect on January 1, 1997. If this Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately fol lowing that election date.

The expense of such election shall be borne by Chatham County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective Jan uary 1, 1997.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

TUESDAY, MARCH 5, 1996

1659

SB 740. By Senators Clay of the 37th and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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:

Alien Anderson
Ashe Y Bailey Y Baker Y Bannister YBarfoot
Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner
Bunn Y Burkhalter
YByrd Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers
Y Coker Coleman, B
Y Coleman, T Y Connell 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 YDobbs YEhrhart YEpps Y Evans Y Falls
Felton Y Floyd
Godbee Y Golden
Goodwin Y Greene
Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom
Hembree Y Henson Y Holland
Holmes Howard Y Hudson
Hugley

Ylrvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
O'Neal Y Orrock Y Parham

Y Parrish Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall 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

E Smith, W Y Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Trense Turnquest Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 144, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

1660

JOURNAL OF THE HOUSE,

SB 748. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to provide for a board of registra tions and elections for Fannin County" so as to change the terms of the members; to provide that the board shall be responsible for the employment of poll workers.

HB 1565. By Representative Walker of the 87th:
A bill to amend an Act entitled "An Act creating a Board of Commissioners of Walton County," so as to increase the dollar value of contracts into which the chairperson may enter without approval.

HB 1659. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the date of the commission's abolition.

HB 1706. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the solicitor of said court and the compen sation of said solicitor.

HB 1724. By Representative Connell of the 115th:
A bill to amend an Act providing for the continued existence of the Rich mond County Department of Health and for the management and control of such department by the Richmond County Board of Health, so as to change the composition of said board of health.

HB 1726. By Representatives Floyd of the 138th and Walker of the 141st:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relative to the compensation of the chairper son and other members of said board of commissioners.

HB 1727. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Evans of the 28th:
A bill to repeal an Act creating the State Court of Cherokee and Forsyth Counties.

HB 1729. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Evans of the 28th:
A bill to create the State Court of Cherokee County.

HB 1741. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an act creating the Perry Area Convention and Visitors Bureau Authority, so as to provide for an additional ex officio member of the authority.

TUESDAY, MARCH 5, 1996

1661

SB 654. By Senator Oliver of the 42nd:
A bill to amend Chapter 14 of Title 19 of the Official Code of Georgia Anno tated, relating to child abuse and neglect prevention, so as to add a defini tion; to allow the State Children's Trust Fund Commission to accept applications for and approve disbursement of funds for family resource pro grams and facilities connected with family resource programs.

SB 697. By Senators Bowen of the 13th and Ray of the 19th:
A bill to amend Code Section 40-6-26 of the Official Code of Georgia Anno tated, relating to interference with official traffic-control devices or railroad signs or signals, so as to provide that any person who without malice afore thought causes the death of another person through the violation of such Code section by removing a stop sign shall be guilty of a felony; to provide penalties.

HB 506. By Representatives Barnes of the 33rd, Shanahan of the 10th, Bostick of the 165th and others:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, so as to provide that the minimum age for retirement shall be reduced from 65 to 60 years of age; to increase the maximum num ber of years of creditable service which may be used to calculate retirement benefits from 16 to 24 years; to change the minimum number of years' ser vice required to qualify for retirement.

HB 580. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th and others:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Anno tated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that when the judgment exceeds a specified amount the judgment creditor may utilize certain discov ery procedures under the Civil Practice Act.

HB 1162.

By Representative Carter of the 166th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the Department of Natural Resources may regulate fishing on fish hatcheries; to provide that the Board of Natural Resources may establish creel and pos session limits and size restrictions on taking certain species of fish.

HB 1241.

By Representatives Mobley of the 86th, Cummings of the 27th, Golden of the 177th 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 taxes, so as to exempt from sales and use taxes the sale of tangible personal property and services to a nonprofit licensed in-patient hospice under certain conditions.

HB 1400.

By Representative Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to make the definition of "telemarketing" consistent with federal law; to provide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities.

1662

JOURNAL OF THE HOUSE,

HB 1501. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, so as to change certain definitions; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances.

HB 1506. By Representative Lee of the 94th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to permit the operation of electric assisted bicycles on bicycle paths.
The Senate has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 1020. By Representative Pinholster of the 15th:
A resolution creating the Pickens County Property Tax Structure Study Committee.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

HB 1211.

By Representatives Ray of the 128th, Murphy of the 18th, Purcell of the 147th and others:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that voluntary pre-kindergarten programs in this state shall provide for toilet facilities which are enclosed and screened for privacy.

HB 1620. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th and others:
A bill to create the DeKalb County Civic Center Authority.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

HB 500. By Representatives Sherrill of the 62nd, Smith of the 175th, Coleman of the 80th and others:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Anno tated, relating to special education services, so as to provide that special edu cation funding weight shall apply to special education students placed in general education programs.

HB 1229.

By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption.

TUESDAY, MARCH 5, 1996

1663

HB 1296. By Representatives Jenkins of the 110th, Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.
The Senate has agreed to the House substitute to the following bill of the Senate:

SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to change the dates for qualifying and for the general primary in 1996.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 654. By Senator Oliver of the 42nd:
A bill to amend Chapter 14 of Title 19 of the Official Code of Georgia Anno tated, relating to child abuse and neglect prevention, so as to add a defini tion; to allow the State Children's Trust Fund Commission to accept applications for and approve disbursement of funds for family resource pro grams and facilities connected with family resource programs.
Referred to the Committee on Children and Youth.

SB 697. By Senators Bowen of the 13th and Ray of the 19th:
A bill to amend Code Section 40-6-26 of the Official Code of Georgia Anno tated, relating to interference with official traffic-control devices or railroad signs or signals, so as to provide that any person who without malice afore thought causes the death of another person through the violation of such Code section by removing a stop sign shall be guilty of a felony; to provide penalties.
Referred to the Committee on Motor Vehicles.

SB 748. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to provide for a board of registra tions and elections for Fannin County" so as to change the terms of the members; to provide that the board shall be responsible for the employment of poll workers.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Crews of the 78th arose to a point of personal privilege and addressed the House.

Representative Teper of the 61st arose to a point of personal privilege and addressed the House.

1664

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 1003. By Representative Channell of the lllth: A resolution designating the T. C. Hallman Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Alien Andenon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBames Bates Y Benefield Birdaong Y Bordeaux YBoitick YBreedlove Brooks, D Y Brooks, T Y Brown, J Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Campbell Y Canty Y Carter Y Cbambless Y Channell Y Childers YCoker
Y Coleman, B Y Coleman, T Y Connell 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 Diion, S
Dobbs Ehrhart YEpps Y Evans Y Falls Felton YFloyd Godbee Y Golden Goodwin Y Greene Y Grindley Hanner Harbin Y Harris Y Heard Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert
Roberts E Rogers Y Royal Y Sanders
Sauder Y 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 Y Smith, V

E Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague YTeper Y Thomas YTillman Y Titus
Towery Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L YWall Y Watson
Watts Westmoreland Y Whitaker White Y Wiles Williams, B Williams, J Y Williams, R Y Woods Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 1004. By Representative Channell of the lllth: A resolution designating the Gregory 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:

Alien Anderson YAshe

Y Bailey Y Baker
Y Bannister

Y Barfoot Y Bargeron
Y Barnard

YBarnes Bates
Y Benefield

Birdsong Y Bordeaux Y Bostick

TUESDAY, MARCH 5, 1996

1665

Y Breedlove Brooks, D
Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd
Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Y Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M
YDay Y DeLoach, B
DeLoach, G YDii Y Diion, H Y Diion, S
Dobbs

Ehrhart YEpps Y Evans
Y Falls Felton
Y Floyd Godbee Golden Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
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 Y Jones Y Joyce

YKaye Y Kinnamon
Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Lucas
Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller
O'Neal
Y Orrock YParham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster YPolak

Ponder Y Porter Y Poston Y Powell Y PurceU, A Y PurceU, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E 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 Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V E Smith, W YSmyre
Y SneUing

YSnow YStaUings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat E Taylor Teague YTeper Y Thomas YTiUman Y Titus Towery Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 825. By Representatives Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to change the time when the books of local tax officials are closed for the purpose of making tax returns; to repeal certain provisions with respect to the opening and closing of such books for such purpose in all counties of this state having a popula tion of not less than 81,300 nor more than 89,000 according to the United States decennial census.

By unanimous consent, further consideration of HB 825 was postponed until tomor-

The Speaker Pro Tern assumed the Chair.
HR 1073. By Representative Smith of the 169th: A resolution designating the Daniel Warnell Lee Memorial Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Alien Anderson Y Ashe

Y Bailey
Y Baker Y Bannister

Y Barfoot Y Bargeron Y Barnard

Y Barnes Bates
Y Benefield

Birdsong Y Bordeaux
Y Bostick

1666

JOURNAL OF THE HOUSE,

Y Breedlove Y Brooks, D Y Brooks, T 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
Connell 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 YDobbs

Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley YHanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree YHenson
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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin YMcBee YMcCaJl Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak

Y Ponder Y Porter Y Poston
Y Powell Y PurceU, A Y PurceU, B YRandall Y Randolph YRay
Y Reaves Y Reichert Y Roberts
E 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 E Smith, W YSmyre Y Snelling

YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Street E Taylor
YTeague YTeper Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White YWUes Y Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 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.

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:

Alien Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard Y Barnes Bates Y Benefield Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 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 YDobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin

Y Greene Y Grindley
Manner Y Harbin
Harris 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann

TUESDAY, MARCH 5, 1996

1667

Y Martin YMcBee YMcCall Y McClinton Y McKinney YMiUs Y Mobley, B Y Mobley, J Y Mosley Y Mueller
Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry

Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves
Reichert Y Roberts E 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 E Smith, W YSmyre

Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense

Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 840. By Representatives Snow of the 2nd and Streat of the 167th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, the "Georgia Charitable Solicitations Act of 1988," so as to prohibit paid solicitors from soliciting within or from the State of Georgia unless they are registered with the Secretary of State; to provide that accountings of solicitation campaigns by paid solicitors be filed with the Secretary of State.

The following Committee substitute was read:

A BILL
To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to prohibit paid solicitors from soliciting within or from the State of Georgia unless they are registered with the Secretary of State; to pro vide that accountings of solicitation campaigns by paid solicitors be filed with the Secre tary of State; to require that an accounting of exempt solicitation proceeds for a named beneficiary be filed with the Secretary of State; to provide for and identify a division director of the Office of the Secretary of State as the ultimate decision maker in contested cases; to make it unlawful to violate any provision of said Act or any rule, regulation, or order promulgated or issued thereunder; 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. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," is amended by striking subsection (a) of Code Section 43-17-3, relating to the registration of paid solicitors, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No paid solicitor shall solicit contributions on behalf of a charitable organization required te be registered pursuant te Code Section 43 17-6 within or from this state, unless he such paid solicitor is a registered paid solicitor pursuant to this Code section."
SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 43-17-3, relat ing to preparation and delivery of written accounting of a solicitation campaign, in its entirety and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Within 90 days after a solicitation campaign has been completed, and on the anni versary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted

1668

JOURNAL OF THE HOUSE,

and to the Secretary of State for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall be available te the Secretary ef- State upon request contain the following information:
(1) The total gross receipts; (2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs; and (3) The signature of the charitable organization and such other information as the Secretary of State by rule may require. The original of the report shall be forwarded to the charitable organization within the time prescribed above, and a copy shall be filed with the Secretary of State."
SECTION 3. Said chapter is further amended by striking paragraphs (3) and (4) of subsection (a) of Code Section 43-17-9, relating to exemptions, in its entirety and inserting in lieu thereof new paragraphs (3) and (4) to read as follows:
"(3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons for their services and is confined to their membership or to persons within the county in which such organization is located; (4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary] pro vided, however, that any such person who collects contributions in excess of $5,000.00 in order to claim benefit of this exemption shall file with the Secretary of State a written accounting of funds so collected on forms prescribed by the Secretary of State at the end of the first 90 days of solicitation and, thereafter, at the end of every sub sequent 90 day period until said solicitation is concluded;".
SECTION 4. Said chapter is further amended by striking subsection (f) of Code Section 43-17-10, relat ing to administration of the chapter, in its entirety and inserting in lieu thereof a new sub section (f) to read as follows:
"(f) The Secretary of State may delegate such of his or her powers and duties under this chapter as he or she desires to a division director in his or her office. Such division director, when duly appointed, shall be the ultimate decision maker in all contested case hearings held pursuant to Code Section 43-17-16 and the 'Georgia Administrative Proce dure Act.'"
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-17-12, relat ing to prohibited acts under the "Georgia Charitable Solicitations Act of 1988," in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to solicit e* accept charitable contributions m violation violate any provision of this chapter or any rule, regulation, or order promul gated or issued by the Secretary of State under 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.

The following amendment was read and adopted:

Representative Snow of the 2nd moves to amend the Committee substitute to HB 840 as follows:

TUESDAY, MARCH 5, 1996

1669

Page 2, Line 34
After membership - strike "or to persons within the county in which such organization is located.

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:

Alien Anderson YAshe
Y Bailey Y Baker N Bannister
YBarfoot Y Bargeron
Barnard Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J N Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU
Y Canty Y Carter Y Chambless Y Channel! Y Childere Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YKpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley
Banner Y Harbin Y Harris 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 N Joyce N Kaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee N Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee YMcCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert N Roberts E Rogers Y Royal N 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

E Smith, W YSmyre Y Snelling YSnow YStalUngs Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery
Y Trense Y Turnquest YTwiggs
Walker, L N Walker, R.L Y Wall
Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 143, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1399. By Representatives Mobley of the 86th and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use tax, so as to provide for an exemption for the sale of certain donated tangible personal property by a bona fide charitable tax-exempt organization under the Internal Revenue Code.

The following Committee substitute was read and withdrawn:

1670

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to revise and change an exemption from sales and use tax regarding the sale of certain concessions or admission tickets by certain schools; to provide for an exemption for the sale of certain donated tangible personal prop erty by a bona fide charitable tax-exempt organization under the Internal Revenue Code; to provide for conditions and limitations; to provide for an exemption for the sale of Girl Scout cookies to and by member councils of the Girl Scouts of the U.S.A.; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking paragraph (39) and inserting in its place a new paragraph (39) to read as follows:
"(39) Sales by any public or private school containing any combination of grades kin dergarten through 12 of tangible personal property, concessionsz or ef- tickets for admission to a school athletic event or function, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its stu dents;".
SECTION 2. Said Code section is further amended by striking "or" at the end of paragraph (56), by striking the period at the end of paragraph (57) and inserting in its place a semicolon, and by adding two new paragraphs immediately following paragraph (57), to be designated par agraphs (58) and (59) to read as follows:
"(58) Sales of tangible personal property by a bona fide charitable tax-exempt organi zation under Section 501 (c) (3) of the Internal Revenue Code which property has been donated to such organization and which sales are conducted solely as fundraising activities for such organization and the proceeds of which are used exclusively for charitable purposes. No such organization shall qualify to receive the exemption pro vided for under this paragraph unless it obtains an exemption determination letter from the commissioner; or (59) Sales of Girl Scout cookies to and by member councils of the Girl Scouts of the U.S.A."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Mobley of the 86th was read and adopted:

A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to revise and change an exemption from sales and use tax regarding the sale of certain concessions or admission tickets by certain schools; to provide for an exemption for the sale of Girl Scout cookies to and by member councils of the Girl Scouts of the U.S.A.; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking paragraph (39) and inserting in its place a new paragraph (39) to read as follows:
"(39) Sales by any public or private school containing any combination of grades kin dergarten through 12 of tangible personal property, concessions2 or ef tickets for

TUESDAY, MARCH 5, 1996

1671

admission to a school athletic event or function, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its stu dents;".
SECTION 2. Said Code section is further amended by striking "or" at the end of paragraph (56), by striking the period at the end of paragraph (57) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (57), to be designated paragraph (58) to read as follows:
"(58) Sales of Girl Scout cookies to and by member councils of the Girl Scouts of the U.S.A."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Y Barnard YBarnes
Bates Y Benefield YBirdsong Y Bordeaux YBostick Y Breedlove Y Brooks, D Y Brooks, T 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 YCoker Y Coleman, B
Coleman, T Connell Y Crawford

Y Crews Y Culbreth Y CuDunings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley

Ylrvin N 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 Y Martin YMcBee YMeCall N McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller YO'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves
Y Reichert Y Roberts E Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill YShipp Y Simpeon Y Smkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V

E Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Towery YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1626. By Representatives Baker of the 70th, Barnes of the 33rd, Crawford of the 129th, Martin of the 47th, Kinnamon of the 4th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, and Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances of a criminal trial, so as to clarify the circumstances in which civil and criminal trial courts shall grant continuances due to a party's or an attorney's attendance at the General Assembly.

1672

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, and Article 2 of Chapter 8 of Title 17 of the Offi cial Code of Georgia Annotated, relating to continuances of a criminal trial, so as to clarify the circumstances in which civil and criminal trial courts and administrative agencies shall grant continuances due to a party's or an attorney's attendance at the General Assembly; to provide for extensions of time for filing papers and doing other acts in cases where such a continuance is granted; 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 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, is amended by striking in its entirety Code Section 9-10-150, relating to attendance of a party or attorney at the General Assembly, and inserting in lieu thereof the following:
"9-10-150.
It shall be the duty of the judge of any trial court or administrative agency of this state to continue, on or without motion, any case in the court^ any hearings on motions, and the response to any motion or suit, when any party thereto or his or her attorney shall, when the case or the time for the hearing, the response to the motion, or answer to the suit is reached, be absent from the court by reason of his or her membership in the Gen eral Assembly or if lead counsel in such case shall be absent, by reason of his or her service on the staff of the Lieutenant Governor, Speaker of the House of Representa tives, President Pro Tempore, Speaker Pro Tempore, or the chairman chairperson of the Judiciary Committee or Special Judiciary Committee of the Senate or House of Repre sentatives. Any such continuance shall last during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks imme diately following any session adjourned sine die, unless the party, in the absence of his or her attorney, or the attorney, in the absence of the party, shall, on the call of the case or motion, announce ready fer trial to proceed with the trial or the motion; pro vided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his or her other counsel that the absent counsel is necessary or desirable for the proper handling of the case. Notwithstanding any other provision of law, the period of time provided for the doing of any act in a case in which a continuance is granted shall be automatically extended by the length of the continuance upon certification by the absent counsel that (1) he or she is lead coun sel in the case and (2) it is necessary for him or her to attend to the matters for which an extension is granted for the proper handling of the case."
SECTION 2. Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances of a criminal trial, is amended by striking in its entirety Code Section 17-8-26, relating to a party or party's attorney in attendance at the General Assembly, and inserting in lieu thereof the following:
"17-8-26.
It shall be the duty of the judge of any trial court or administrative agency of this state to continue! teay ease m tfee eewt on or without motionj any case in the court, any hear ings on motions, and the response to any motion or suit, when any party thereto or his or her attorney shall, when the case or the time for the hearing, response to the motion ! or answer to the suit is reached, be absent from the court by reason of his or her mem bership in the General Assembly. The continuance shall extend during the entire length

TUESDAY, MARCH 5, 1996

1673

of any regular or extraordinary session of the General Assembly and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party in such absence of his or her attorney or the attorney in such absence of the party shall, on the call of the case or motion, announce ready fe trial to proceed with the trial or the motion. When a case^ motion, or hearing is called and is subject to continuance because the party's attorney is a member of the General Assembly, the party shall not be required to be present at the call of the casez motion, or hearing. Where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his or her other counsel that the absent counsel is neces sary or desirable for the proper handling of the case. Notwithstanding any other provi sion of law and to the extent permitted by the Constitutions of the United States and the State of Georgia, the period of time for the doing of any act in a case in which a continuance is granted shall be automatically extended by the length of the continuance upon certification by the absent counsel that (1) he or she is lead counsel in the case and (Q it is necessary for him or her to attend to the matters for which an extension is granted for the proper handling of the case."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe
Y Bailey Y Baker
Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefleld Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers YCoker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDU Y Dizon, H Y Diion, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
H aimer Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree
Henson
Y Holland
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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill YShipp 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

E Smith, W YSmyre Y Snelling YSnow YStaffings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmorland
Whitaker White Y WUes Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

1674

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1785.

By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
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 add a provision dealing with the appropriation of funds for any fiscal year beginning July 1, 1996; to state legislative intent with respect to program weights; to provide for a change in the program weights allotted to state authorized instructional programs.

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:

Men Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot
Y Bargeron Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck
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 Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard
Hecks tall 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 YLakly YLane
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 YParham

Y Parrish Y Parsons N Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E 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

E Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor NTeague YTeper N Thomas YTiUman Y Titus Y Towery YTrense Y Turnquest YTwiggs 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, the ayes were 160, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1396.

By Representative Williams of the 63rd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding courts, so as to provide for an additional qualification for judicial office.

TUESDAY, MARCH 5, 1996

1675

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to gen eral provisions regarding courts, so as to provide for an additional qualification for judicial office; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provi sions regarding courts, is amended by adding at the end a new Code section to read as follows:
"15-1-13. (a) In addition to any other qualification for judicial office, if a person has been removed from any judicial office upon order of the Supreme Court after review, that person shall not be eligible to be elected or appointed to any judicial office in this state until seven years have elapsed from the time of such removal. (b) This Code section shall not apply with respect to any removal from office in which the order of the Supreme Court was entered prior to the effective date of this Code sec 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.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Andereon 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 N Brooks, T Y Brown, J
Brush Y Buck Y Buckner Y Bunn
Burkhalter YByrd
Y Campbell N Canty Y Carter

Y Chambless Y Channel! N Childera Y Coker
Y Coleman, B Y Coleman, T
Connell Y Crawtord Y Crews
Y Culbreth Y Cummings N Davis, G
Davis, M Y Day Y DeLoach, B
DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton
Y Floyd Y Godbee Y Golden

Goodwin Y Greene Y Grindley
Banner
Y Harbin Y Harris Y Heard
Heckstall Y 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 Y Johnston N Jones Y Joyce
Y Kaye Y Kinnamon Y Klein

Y Ladd Y Lakly Y Lane Y Lawrence
Y Lee Y Lewis Y Lifsey Y Lord
Lucas
Y Maddox Y Mann N Martin Y McBee Y McCall
McClinton
N McKinney Mills
N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote N Perry

Y Pinholster Y Polak Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B N Randall
Y Randolph Y Ray Y Reaves Y Reichert N Roberts E Rogers
Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson N Sinkfield
Y Skipper Y Smith, C Y Smith, C.W

1676

JOURNAL OF THE HOUSE,

Y Smith, L Y Smith, P Y Smith, T
Y Smith, V E Smith, W NSmyre Y Snelling Y Snow

Y Stallings Y Stancil, F Y Stancil, S
N Stanley, L N Stanley, P
Stephenson Streat E Taylor

N Teague Y Teper N Thomas
N 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

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 24.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Mills of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Towery of the 30th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

HB 1494. By Representative Byrd of the 170th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to create a merit rating plan for certain workers' compensa tion claims.

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:

Alien Andereon Y Ashe Y Bailey
Y Baker Y Bannister YBarfoot YBargeron Y Barnard YBarnes
Bates YBenefield Y Birdsong Y Bordeaux Y Bostick YBreedlove Y Brooks, D
Y Brooks, T Y Brown, J Y Brush YBuck YBuckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! YChilders YCoker

YColeman, B Y Coleman, T Y Connell Y Crawford
Y Crews Y Culbreth YCummings N Davis, G Y Davis, M Y Day YDeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans Y Falls YFelton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner N Harbin Y Harris 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 Y Lewis Y Lifsey Y Lord
Lucas Y Maddox
Mann Y Martin

Y McBee Y McCall Y McClinton
McKinney
Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrobk Y Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster
Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Rekhert Y Roberts E Rogers Y Royal

Y Sanders Y Sauder Y Scoggins Y Shanahan
Y Shaw Y SherriU 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 E Smith, W
Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman

TUESDAY, MARCH 5, 1996

1677

Y Titus Y Towery Y Trenne Y Turnquest

YTwiggs Y Walker, L
N Walker, R.L
YWall

Y Watson Y Watts Y Westmorland
Whitaker

Y White Y Wiles
Y Williams, B
Y Williams, J

N Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representatives Pelote of the 149th and Mann of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1561.

By Representatives Canty of the 52nd and Trense of the 44th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to the time for making tax returns, so as to change certain provisions regarding the opening and closing of books in all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 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:

Alien Anderson YAshe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBames
Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless
Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii 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
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 YLakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCaJl Y McClinton
McKinney Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster YPolak Y Ponder Y Porter YPoston
Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E 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

E Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor YTeague
Teper Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall 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, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1678

JOURNAL OF THE HOUSE,

Representative Mills of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1637.

By Representatives Bailey of the 93rd, Childers of the 13th, Benefield of the 96th and Powell of the 23rd:
A bill to amend Code Section 16-12-22.1 of the Official Code of Georgia Annotated, relating to raffles operated by nonprofit, tax-exempt organiza tions, so as to change certain provisions regarding special limited licenses to conduct raffles.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-12-22.1 of the Official Code of Georgia Annotated, relating to raffles operated by nonprofit, tax-exempt organizations, so as to change certain provisions regarding annual fees; to change certain provisions regarding special limited licenses to conduct raffles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-22.1 of the Official Code of Georgia Annotated, relating to raffles oper ated by nonprofit, tax-exempt organizations, is amended by striking paragraph (1) of sub section (d) and inserting in its place a new paragraph (1) to read as follows:
"(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 The sheriff may require the payment of an annual fee ef not to exceed $100.00. No license shall be issued to any nonprofit, tax-exempt organization unless the organization has been in existence for 24 months immediately 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."
SECTION 2. Said Code section is further amended by striking subsection (g) and inserting in its place a new subsection (g) to read as follows:
"(g) Notwithstanding the other provisions of this Code section, the sheriff, upon receiv ing written evidence of the bona fide nonprofit, tax-exempt status of the applicant orga nization, 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. Bah such single rffle shall be conducted in its entirety daring aperiod net te exceed 36 days. In such cases, the sheriff shall waive the application and license fee provided for in subsection (d) of this Code section and the annual report pro vided for in subsection (j) of this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Anderson
YAshe

Bailey Y Baker
Y Bannister

Y Barfoot Y Bargeron
Y Barnard

Y Barnes Bates
Y Benefield

Y Birdsong Y Bordeaux
Bostick

TUESDAY, MARCH 5, 1996

1679

Y Breedlove Y Brooks, D
Brooks, T 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 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 YGodbee Y Golden Y Goodwin
Greene Y Grindley Y Banner Y Harbin Y Harris 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Lucas
Y Maddox YMann Y Martin Y McBee YMcCall
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 YPolak

Y Ponder Y Porter YPoston Y PoweU Y Purcell, A Y Purcell, B
YRandall Y Randolph YRay Y Reaves Y Reichert
Y Roberts E 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 E Smith, W YSmyre Y SneUing

YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas YTillman Y Titus
Y Towery
Y Trense Y 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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1394.

By Representatives Williams of the 114th, Childers of the 13th and Parham of the 122nd:
A bill to amend Code Section 31-7-7 of the Official Code of Georgia Anno tated, relating to staff privileges at public hospitals, so as to prohibit denial of staff privileges on the basis of certain licenses, specialties, and member ship.

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:

Alien Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Bates Y Benefield Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D Brooks, T 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 Y Crawford Y Crews
Y Culbreth

Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin

Y Greene Y Grindley
Hanner Y Harbin Y Harris 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
Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann

1680

JOURNAL OF THE HOUSE,

Y Martin YMcBee YMcCall Y McClinton Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry

Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders

Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
YShipp 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 E Smith, W
YSmyre

Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper
Thomas YTillman Y Titus Y Towery YTrense

Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall
Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HR 1005. By Representatives McKinney of the 51st, Walker of the 141st, Brooks of the 54th, Davis of the 48th, Canty of the 52nd and others:
A resolution designating the Hamilton E. Holmes Drive in Fulton 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:

Alien Anderson YAshe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron
Y Barnard YBarnes
Bates Y Benefield Y Birdsong
Y Bordeaux Y Boatick Y Breedlove Y Brooks, D
Brooks, T Y Brown, J Y Brush YBuck Y Buckner
Bonn 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 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 YDobbs YEhrhart
YEpps Y Evans
Y Falls Y Felton Y Floyd
Y Godbee Y Golden YGoodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Heard Y HeckstaU 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
Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane Y Lawrence YLee Y Lewis YLifsey YLord Y Lucas Y Maddox YMarm Y Martin
YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay
Reaves Y Reichert Y Roberts E Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

On the adoption of the Resolution, the ayes were 164, nays 0.

E Smith, W YSmyre Y Snelling
YSnow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague YTeper
Y Thomas YTilhnan
Y Titus Y Towery YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

TUESDAY, MARCH 5, 1996

1681

The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

1682

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
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 625 Do Pass Respectfully submitted,
/s/ Royal of the 164th Chairman
The following Resolutions of the House were read and adopted:
HR 1158. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending the members and coaches of the Sequoia High School wrestling team, Georgia AAAA Champions.
HR 1159. By Representatives Stanley of the 50th and Stanley of the 49th: A resolution commending Mr. Emanuel Hunt, Jr.
HR 1160. By Representatives Simpson of the 101st and Stallings of the 100th: A resolution commending the Carrollton High School debate team.
HR 1161. By Representative Shanahan of the 10th: A resolution commending the Sonoraville East Middle School and the Gor don County Board of Education.
HR 1162. By Representatives Jamieson of the 22nd, Parrish of the 144th, Parham of the 122nd and Channell of the lllth: A resolution commending Robert H. Evans.
HR 1163. By Representatives Barnes of the 33rd, Irvin of the 45th, Davis of the 60th, Ehrhart of the 36th, Coker of the 31st and others: A resolution expressing regret at the passing of Honorable Jeptha C. Tanksley.
HR 1164. By Representatives Davis of the 60th and Sherrill of the 62nd: A resolution commending Chamblee High School.

TUESDAY, MARCH 5, 1996

1683

HR 1165. By Representative Mobley of the 86th: A resolution commending Pam Veader.

HR 1166. By Representative Mobley of the 86th: A resolution commending the members of the Dorsey Hutchins, Sr., family.

HR 1167. By Representative Pelote of the 149th: A resolution commending Nelson Freeman.

HR 1168. By Representative Pelote of the 149th: A resolution commending Deacon Willie Coleman.

HR 1169. By Representatives Stanley of the 50th and Stanley of the 49th: A resolution honoring the Booker T. Washington High School Class of 1946.

HR 1170. By Representative Purcell of the 147th: A resolution honoring and congratulating Guyton United Methodist Church.

HR 1171. By Representatives Smyre of the 136th, Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd and others:
A resolution commending Sergeant Joseph Robbins, Sr.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 625. By Representative McKinney of the 51st:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future census, so as to change the additional penalty and bail and bond amount to be imposed for certain jail purposes.

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 Alien Anderson
Y Ashe Y Bailey
Baker Bannister Barfoot Bargeron Y Barnard Barnes E Bates Benefield Y Birdsong Bordeaux Y Bostick YBreedlove

Y Brooks, D Brooks, T
Y Brown, J Y Brush Y Buck
Buckner Bunn Y Burkhalter Byrd Campbell Canty Y Carter Y Chambless Y Channell Childers Coker

Y Coleman, B Coleman, T
Y Connell Y Crawford Y Crews Y Culbreth
Cummings Davis, G Davis, M Day Y DeLoach, B DeLoach, G Y Dix Dixon, H Dixon, S Y Dobbs

Y Ehrhart Epps Evans Falls Felton
Y Floyd Godbee
Y Golden Goodwin
Y Greene Y Grindley Y Manner Y Harbin
Harris Heard Y Heckstall

Y Hegstrom Y Hembree
Henson Y Holland
Holmes Howard Y Hudson Hugley Irvin Y James Jamieson Jenkins Y Johnson, G Y Johnson, J Y Johnston Jones

1684

JOURNAL OF THE HOUSE,

Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane
Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddoi
Mann Y Martin Y McBee
McCall McClinton McKinney

Y Mills Mobley, B
Y Mobley, J Y Mosley
Mueller O'Neal Orrock
Y Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak
Ponder Porter Poston Powell Purcell, A Y Purcell, B

Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts E Rogers
Royal Sanders Y Sauder Scoggins Y Shanahan Shaw Y Sherrill Shipp Y Simpson Sinkfield Y Skipper Smith, C Smith, C.W

Smith, L Smith, P Y Smith, T Y Smith, V E Smith, W Smyre Y Snelling
Snow Y Stallings
Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Streat E Taylor Teague Y Teper Thomas Y Tillman

Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L
Wall Watson Watts Y Westmorland 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 93, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Smith of the 175th 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.

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 1575.

By Representatives Jones of the 71st, Culbreth of the 132nd and Childers of the 13th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to provide that a person entering an emergency facility shall be evaluated as soon as possible.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for a short title and definitions; to provide for emergency evaluations and the initiation of appropriate emergency services; to prohibit certain prospective authorizations; to repeal conflicting laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding at the end thereof a new article to read as follows:
"ARTICLE 4
31-11-80. This article shall be known and cited as the 'Emergency Services Law.'
31-11-81. As used in this article, the term:

TUESDAY, MARCH 5, 1996

1685

(1) 'Emergency condition' means any medical condition of a recent onset and severity, including but not limited to severe pain that would lead a prudent layperson, possess ing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
(A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (2) 'Emergency medical provider' means any hospital licensed or permitted by the Georgia Department of Human Resources, hospital based service, or physician licensed by the Composite State Board of Medical Examiners who provides emergency services. (3) 'Emergency services' means health care services provided in a hospital emergency facility to evaluate and treat any emergency condition. (4) 'Prospective authorization' means contacting for approval or authorization to eval uate and treat a patient any insurer, health maintenance organization, hospital medi cal service corporation, or health benefit plan, a representative of which is not physically present in the hospital's emergency department at the time such patient presents for emergency services.
31-11-82. (a) Once a person with an emergency condition presents himself or herself to an emer gency medical provider for emergency services, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the con dition, sickness, or injury if such testing is necessary to establish the patient's condition. (b) If in the opinion of the attending physician, the evaluation provided under subsec tion (a) of this Code section warrants, he or she may initiate appropriate intervention necessary to stabilize the condition of the patient without seeking or receiving authoriza tion by an insurer, a health maintenance organization, or a private health benefit plan."
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 Alien Andereon
YAshe
Y Bailey Baker
Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes E Bates YBenefield Y Birdsong
Bordeaux Y Bostick
Breedlove Y Brooks, D
Brooks, T
Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter
Y Byrd Y Campbell
Canty

Y Carter Y Chambless YChannell
Y Childers Coker
Y Coleman, B Coleman, T
Y Connell Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Day Y DeLoach, B
DeLoach, G Y Dii
Diion, H Y Diion, S Y Dobbs Y Ehrhart
Epps Evans
Falls Y Felton Y Floyd

Y Godbee Y Golden
Goodwin
Y Greene Y Grindley
Y Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson
Hugley
Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Y Johnston Y Jones N Joyce

Y Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly
Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller
Y O'Neal Y Orrock Y Parham

Parrish Y Parsons Y Pelote
Y Perry Y Pinholster
Y Polak Y Ponder
Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts
E Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
Shaw Sherrill Y Shipp

1686

JOURNAL OF THE HOUSE,

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

E Smith, W Smyre
Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P

Y Stephenson Y Streat E Taylor
Teague Y Teper
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 Westmorland

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 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1575 was ordered immediately transmitted to the Senate.

HR 854. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd, Snow of the 2nd, Bailey of the 93rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an emergency manage ment, preparedness, and assistance trust fund for enumerated purposes.

The following Committee substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an emergency management, preparedness, and assistance trust fund for enumerated purposes; to authorize the levy of surcharges on insurance policies and the appropriation of the proceeds of such surcharges or other moneys to the trust fund; to pro vide that the moneys appropriated to such trust fund shall not lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by inserting a new subparagraph to be designated subparagraph (k) to read as follows:
"(k) The General Assembly is authorized to provide by general law for the creation of an emergency management, preparedness, and assistance trust fund. The moneys in such fund shall be used to implement and administer state and local emergency manage ment programs, to provide for state relief assistance for nonfederally declared disasters, for state matching funds required to obtain federal disaster assistance when there is a presidential disaster declaration, and for grants and loans to state or regional agencies, local governments, and private organizations to implement projects which will further state and local emergency management objectives. The General Assembly is authorized to provide by general law for surcharges on insurance policies and to appropriate all or any part of the proceeds of such surcharges and other moneys to the emergency manage ment, preparedness, and assistance trust fund. Moneys appropriated to the trust fund authorized by this subparagraph shall not be subject to the provisions of Article III, Sec tion IX, Paragraph IV(c) relative to the lapsing of appropriated funds. The General Assembly may provide by general law for the administration of such trust fund by such state agency or public authority as the General Assembly shall determine."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

TUESDAY, MARCH 5, 1996

1687

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the creation of an emergency management, preparedness, and assistance trust fund; the levy of surcharges on insurance policies and the appropriation of the proceeds of such surcharges or other moneys to the trust fund; and the use of the trust fund for emergency management programs and objectives?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it
shall become a part of the Constitution of this state.

The following amendment was read:

Representative Alien of the 117th moves to amend the Committee substitute to HR 854 as follows:
On page 1, line 22 after the word disasters, add, "and/or life threating conditions,".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien Andersen
NAshe N Bailey Y Baker Y Bannister YBarfoot
Bargeron N Barnard NBarnes E Bates N Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J Y Brush YBuck Y Buckner YBunn N Burkhalter NByrd N Campbell
N Canty Y Carter N Chambless N Channell N Childers N Coker N Coleman, B
Coleman, T Y Connell
Crawford

N Crews Y Culbreth N Cummings N Davis, G N Davis, M YDay N DeLoach, B Y DeLoach, G NDix Y Dixon, H
N Dixon, S Y Dobbs NEhrhart
YEpps N Evans N Falls N Felton N Floyd N Godbee N Golden NGoodwin N Greene
Grindley N Manner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree N Henaon Y Holland Y Holmes Y Howard Y Hudson Y Hugley

NIrvin Y James N Jamieson
N Jenkins N Johnson, G N Johnson, J
Y Johnston Y Jones N Joyce NKaye
Kinnamon N Klein NLadd NLakly NLane N Lawrence NLee N Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin N McBee NMcCall
McClinton McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller N O'Neal Y Orrock Y Parham

N Parrish Y Parsons Y Pelote Y Perry N Pinholster NPolak Y Ponder N Porter Y Poston N Powell N Purcell, A Y Purcell, B YRandall Y Randolph YRay N Reaves N Reichert Y Roberts E Rogers Y Royal
N Sanders Y Sauder N Scoggins N Shanahan NShaw Y Sherrill Y Shipp N Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 68, nays 95. The amendment was lost.

The following amendment was read and adopted:

E Smith, W Y Smyre N Snelling
NSnow N Stallings N Stancil, F N Stancil, S
Stanley, L Y Stanley, P Y Stephenson
N Streat E Taylor YTeague Y Teper Y Thomas Y Tillman
Titus Y Towery N Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L N Wall N 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

1688

JOURNAL OF THE HOUSE,

Representative Dobbs of the 92nd moves to amend the Committee substitute to HR 854 as follows:
Page 2, line 13 after the word "policies" insert the following "of $2 for homeowners and tenant's policies and $4 on commercial property policies,".

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to HR 854 as follows: Page 1, Line 30 Delete the words:
"or any part".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Allen Andersen YAshe
N Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard N Barnes E Bates N Benefleld N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless Y Channell
N Childers Y Coker Y Coleman, B
Coleman, T Connell Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay N DeLoach, B
N DeLoach, G YDix Y Dixon, H N Dixon, S Y Dobbs YEhrhart NEpps Y Evans Y Falls
Felton N Floyd
N Godbee N Golden Y Goodwin N Greene
Grindley N Banner Y Harbin Y Harris
Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley

Y Irvin N James N Jamieson N Jenkins N Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd YLakly YLane Y Lawrence NLee Y Lewis Y Lifsey
NLord Lucas
Y Maddox YMann Y Martin N McBee N McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal Y Orrock N Parham

N Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak Y Ponder N Porter N Poston N Powell N Purcell, A Y Purcell, B NRandall Y Randolph
YRay N Reaves Y Reichert N Roberts E Rogers
N Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp N Simpson Y 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 84, nays 73. The amendment was adopted.

E Smith, W YSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P N Stephenson N Streat E Taylor
Teague N Teper N Thomas N Tillman
Titus Towery Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L YWall N Watson Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

The following amendment was read:

Representative Mueller of the 152nd moves to amend the Committee substitute to HR 854 as follows:
Delete "." on p.l 1.32 and add "and to be used exclusively to supplement payments made by existing insurance policies."

TUESDAY, MARCH 5, 1996

1689

Delete "?" on p.2 1.16 and add "and to be used exclusively to supplement payments made by existing insurance policies?"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
YAshe N Bailey N Baker N Bannister NBarfoot
Bargeron N Barnard NBarnes E Bates N Benefield NBirdsong N Bordeaux NBostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush NBuck Y Buckner YBunn Y Burkhalter
NByrd Y Campbell
N Canty N Carter N Chambless N Channel! N Childere NCoker Y Coleman, B
Coleman, T Connell Y Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G
Dix N Dixon, H
N Dixon, S N Dobbs YEhrhart NEpps Y Evans Y Falls Y Felton N Floyd NGodbee N Golden YGoodwin N Greene
Grindley N Banner Y Harbin Y Harris 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 N Jenkins Y Johnson, G Y Johnson, J N Johnston N Jones Y Joyce YKaye
Kinnamon N Klein NLadd YLakly NLane N Lawrence NLee N Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin N McBee NMcCall 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
Y Pinholster NPolak N Ponder
N Porter NPoston N Powell N PurceU, A N PurceU, B NRandall N Randolph NRay N Reaves N Reichert N Roberts E Rogers N Royal
Y Sanders N 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 N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 48, nays 113. The amendment was lost.

The Committee substitute, as amended, was adopted.

E Smith, W NSmyre YSnelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor
Teague NTeper N Thomas NTiUman N Titus
Towery YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Wall N Watson
Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B
Williams, J Y Williams, R
Y Woods YYates
Murphy, Spkr

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Anderson
N Ashe Bailey
Y Baker N Bannister YBarfoot
Bargeron N Barnard NBarnes E Bates N Benefield YBirdsong Y Bordeaux Y Bostick

N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner YBunn N Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless YChannell

Y Childers N Coker N Coleman, B
Coleman, T
Y Connell N Crawford
N Crews N 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 NEhrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden NGoodwin Y Greene
Grindley Y Manner

N Harbin N Harris N Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hugley NIrvin Y James Y Jamieson

1690

JOURNAL OF THE HOUSE,

N Jenkins N Johnson, G
N Johnson, J N Johnston N Jones N Joyce N Kaye
Kinnamon N Klein NLadd N Lakly NLane N Lawrence YLee N Lewis
NLifsey YLord Y Lucas N Maddox NMann Y Martin

Y McBee YMcCaU
Y McClinton McKinney
N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal
YOrrock YParham Y Parrish N Parsons
Y Pelote Y Perry N Pinholster YPolak Y Ponder
Y Porter Y Poston

Y Powell Y Purcell, A Y Purcell, B
YRandall Y Randolph
YRay Y Reaves
Y Reichert Y Roberts E Rogers Y Royal
N Sanders N Sauder Y Scoggins YShanahan NShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V E Smith, W YSmyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat E Taylor Y Teague YTeper Y Thomas

Y Tillman Y Titus Y Towery N Trense Y Turnquest NTwiggs Y Walker, L
N Walker, R.L Y Wall Y Watson Y Watts
N Westmoreland N Whitaker Y White N Wiles Y Williams, B
Williams, J
N Williams, R N Woods N Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 100, nays 67.
The Resolution, having failed to receive the requisite constitutional majority, was lost.

Representative Jamieson of the 22nd gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HR 854.

By unanimous consent, the House reconsidered its action in giving the requisite con stitutional majority to the following Bill of the Senate:

SB 622. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, as amended, so as to change the provisions relating to the compensation of the members and chairperson of said board; to provide an effective date.

By unanimous consent, SB 622 was recommitted to the Committee on State Planning and Community Affairs - Local.

By unanimous consent, HB 460 was postponed until tomorrow.

HB 1115.

By Representatives Golden of the 177th, Bates of the 179th, Shaw of the 176th and Reaves of the 178th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Anno tated, relating to the extent of the contempt power of courts, so as to provide that certain unlawful actions of educators as described in this Act shall con stitute contempt of court; to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to education, so as to provide that it shall be unlawful for any educator to discipline, punish, penalize, or take any adverse action against a student because the student is absent from class or otherwise unable to meet the requirements of the course of study as a result of the student being required to attend a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the student at the judicial proceeding.

TUESDAY, MARCH 5, 1996

1691

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt power of courts, so as to provide that certain unlawful actions of educators as described in this Act shall constitute contempt of court; to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general pro visions applicable to education, so as to provide that it shall be unlawful for any educator to discipline, punish, penalize, or take any adverse action against a student because the student is absent from class or otherwise unable to meet the requirements of the course of study as a result of the student being required to attend a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the student at the judicial proceeding; to provide that it shall be unlawful for any educator to threaten to take or communicate an intention of taking any such unlawful action; to provide that educators of public educational institutions shall afford students who are required to attend judicial proceedings reasonable opportunities to comply with course requirements and examinations missed as a result of attendance at judicial proceedings; to provide a civil cause of action for violations; to provide for dam ages; to provide an exception with respect to a student who is charged with a crime; to provide that this Act shall not prohibit an educator from requiring a student to abide by regulations requiring prior reasonable notification to an educator of the student's expected absence or delay in reporting to class in order to attend a judicial proceeding; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt power of courts, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The powers of the several courts to issue attachments and inflict summary punish ment for contempt of court shall extend only to cases of:
(1) Misbehavior of any person or persons in the presence of such courts or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of the officers of the courts in their official transactions; (3) Disobedience or resistance by any officer of the courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree, or command of the courts; and (4) Violation of subsection (a) of Code Section 34-1-3, relating to prohibited conduct of employers with respect to employees who are required to attend judicial proceed ings; and ; (5) Violation of subsection (b) of Code Section 20-1-9, relating to prohibited conduct of educators with respect to students who are required to attend judicial proceedings."
SECTION 2. Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to education, is amended by adding following Code Section 20-1-8 a new Code Section 20-1-9 to read as follows:
"20-1-9.
(a) As used in this Code section, the term: (1) 'Educator' means any teacher, instructor, professor, or administrator of a public or private postsecondary educational institution in this state, including institutions under the jurisdiction of the Department of Technical and Adult Education. (2) 'Student' means any person who is enrolled as a student in courses for academic credit on a full-time, part-time, temporary, or intermittent basis in any public or pri vate postsecondary educational institution in this state. Such term shall include any

1692

JOURNAL OF THE HOUSE,

person who is enrolled as a student in a school or institution under the jurisdiction of the Department of Technical and Adult Education. (b) Except as provided in subsection (d) of this Code section, it shall be unlawful for any educator to discipline, punish, penalize, or take any adverse action against a student because the student is absent from class or otherwise unable to meet the requirements of the course of study as a result of the student being required to attend a judicial pro ceeding in response to a subpoena, summons for jury duty, or other court order or pro cess. It shall be unlawful for any educator to threaten to take or communicate an intention of taking any action declared to be unlawful by this subsection. Educators of public educational institutions shall afford students who are required to attend judicial proceedings reasonable opportunities to comply with course requirements and examina tions missed as a result of attendance at judicial proceedings. (c) Any educator who violates subsection (b) of this Code section shall be liable to the injured student for all actual damages thereby suffered by the student and for reason able attorney's fees incurred by the student in asserting a successful claim under this Code section. (d) This Code section shall not apply to a student who is charged with a crime, nor shall it prohibit an educator from requiring a student to abide by regulations requiring prior reasonable notification to an educator of the student's expected absence or delay in reporting to class in order to attend a judicial proceeding."
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 Alien Anderson
YAshe Bailey
Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard
YBames E Bates
Benefield
YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck N Buckner YBunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker
Y Coleman, B Coleman, T
Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y DaTM, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YOU Y Dtaon, H
Y Dtaon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Greene Grindley Y Hanner Y Harbin Y Harris Y Heard
Y Heckstall Y Hcgstrom 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 Jones
Joyce YKaye
Kinnamon Y Klein YLadd YLakly
Lane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Y Martin Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Mosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder
Y Porter Y Poston Y Powell
Purcell, A Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E 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

E Smith, W YSmyre Y Snelling YSnow Y Stallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E 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 Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B
Williams, J Y Williams, R
Y Woods YYates
Murphy, Spkr

TUESDAY, MARCH 5, 1996

1693

On the passage of the Bill, by substitute, the ayes were 155, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1444.

By Representative Ashe of the 46th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for changes in procedures to be followed by school disciplinary officers, panels, and tribunals relating to notice and timing of decisions.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary and secondary education, so as to provide for changes in procedures to be fol lowed by school disciplinary officers, panels, and tribunals relating to notice and timing of decisions; to provide for changes in the timing of the appeals process from decisions of local school boards; 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 and secondary education, is amended by striking Code Section 20-2-754, relating to proce dures to be followed by disciplinary officers, panels, or tribunals, and inserting in lieu thereof a new Code section to read as follows:
"20-2-754.
(a) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by certified mail. This notice shall be given to all parties and to the par ent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel. If a local board of education decides to make a certified employee available to the student and parent or guardian at such hearings, then the notice shall also include the name and employment address of such certified employee who may be available to the student and the parent or guardian to advise each before and during the hearing; (2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and (3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. Local boards of education may establish policies to assess rea sonable reproduction and mailing costs of copies of records of hearings. (b) If appointed to review an instance specified in Code Section 20-2-753, the disciplin ary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten daySj excluding weekends, days of school closings for inclement weather conditions, and public and legal holidays provided for in Code Section 1-4-1, of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local

1694

JOURNAL OF THE HOUSE,

board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal, (c) The local board of education shall review the record and shall render a decision in writing. The decision shall be based solely on the record and shall be given to all parties within te 20 days, excluding weekends^ days of school closings for inclement weather conditions, and public and legal holidays provided for in Code Section 1-4-1, from the date the local board of education receives the notice of appeal. The board may take any action it determines appropriate, and any decision of the board shall be final. All parties shall have the right to be represented by legal counsel at any such appeal and during all subsequent proceedings."
SECTION 2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 20-2-1160, relating to local boards serving as tribunals to determine school law controver sies and appeals, and inserting in lieu thereof a new subsections (b) and (c) to read as fol lows:
"(b) Any party aggrieved by a decision of the local board rendered on a contested issue after a hearing shall have the right to appeal therefrom to the State Board of Education. The appeal shall be in writing and shall distinctly set forth the question in dispute, the decision of the local board, and a concise statement of the reasons why the decision is complained of; and the party taking the appeal shall also file with the appeal a transcript of testimony certified as true and correct by the local school super intendent. The appeal shall be filed with the superintendent within 30 days2 except for appeals arising under Code Sections 20-2-750 through 20-2-759, which shall be filed within 20 days, of the decision of the local board, and within ten days thereafter it shall be the duty of the local superintendent to transmit a copy of the appeal together with the transcript of evidence and proceedings, the decision of the local board, and other matters in the file relating to the appeal to the state board. The state board shall adopt regulations governing the procedure for hearings before the local board and proceedings before it. (c) Where an appeal is taken to the state board, the state board of education shall
their review the records and shall render a decision in writing. The decision shall be based solely on the record, and a copy shall be given to all parties within 20 days, excluding weekends and public and legal holidays provided for in Code Section 1-4-1, from the date the state board of education receives the notice of appeal. The decision of the state board shall include notice of the right to appeal the decision to the superior court of the county wherein the local board of education is located and shall clearly describe the procedure and requirements for such an appeal which are provided in this subsection and in subsection (d) of this Code section. Any party aggrieved thereby may
atcd. Such appeal shall be filed in writing within 30 days^ except for appeals arising under Code Sections 20-2-750 through 20-2-759 which shall be filed within 20 days, after receipt of the decision of the state board. Within ten days after filing of such appeal, it shall be the duty of the State School Superintendent to transmit to the superior court a copy of the record and transcript sent up from the local board as well as the decision and any order of the state board, certified as true and correct."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 5, 1996

1695

Alien Anderson YAshe Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard Y Barnes E Bates Y Benefield Y Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford

Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene
Grindley Y Manner Y Harbin
Harris
Y Heard YHeckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Joyce Y Kaye Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Lifsey YLord Y Lucas Y Maddox Mann Y Martin YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell
Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp 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

E Smith, W YSmyre Y Snelling YSnow Y StaUings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat E Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Walker, L Y Walker, R.L Y Wall Watson Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods YYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 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.

The following Committee substitute was read and adopted:

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; to provide for the transfer or payment of employer and employee contributions; to provide certain restric tions upon the use of such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the District Attorneys' Retirement System, is amended by inserting at the end thereof the following:
"47-13-62.

1696

JOURNAL OF THE HOUSE,

(a)(l) Any district attorney who is or becomes an active member of this retirement system pursuant to the provisions of Code Section 47-13-40 may receive creditable ser vice for the number of years he or she contributed to the Employees' Retirement Sys tem of Georgia pursuant to Code Section 47-2-262. (2) In order to obtain the creditable service as provided in paragraph (1) of this sub section, the member shall notify the board of directors of this retirement system and the board of trustees of the Employees' Retirement System of Georgia not later than December 31, 1996, or within six months after first becoming a member of this retire ment system, whichever date is later. Upon such notice, the board of trustees of the Employees' Retirement System of Georgia shall verify the amount of allowable time to the board of trustees of this retirement system. If the requesting member has with drawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall certify the amount of employee contributions and regular interest thereon which had been credited to the member's account, and the member shall within six months after such certification pay such amount to the board of trustees of this retirement system, together with interest at the rate of 5 percent per annum to the date of payment. If the requesting member has not withdrawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall transfer to the board of trustees of this retirement system the employee contributions together with regular interest thereon and shall refund to the member any employee contribution he or she paid to such retirement system for any creditable service not allowed by the retire ment system. Upon receipt of such funds, the board of trustees of this retirement sys tem shall credit the member with the number of years of creditable service so authorized. (b)(l) Any district attorney who is or becomes an active member of this retirement system pursuant to the provisions of Code Section 47-13-40 may receive creditable ser vice for the number of years he or she would have contributed to the Employees' Retirement System of Georgia pursuant to Code Section 47-2-262 but for the fact that he or she made the election not to become a member of such retirement system. (2) In order to obtain the creditable service as provided in paragraph (1) of this sub section, the member shall notify the board of directors of this retirement system and the board of trustees of this retirement system not later than December 31, 1996, or within six months after first becoming a member of this retirement system, whichever date is later, providing such evidence that he or she was eligible for membership in the Employees' Retirement System of Georgia as the board deems necessary. Within six months after such notification, the member shall pay to the board of trustees of this retirement system the employer and employee contributions which would have been paid by or on behalf of such member if he or she had elected to become a mem ber of the Employees' Retirement System of Georgia, together with interest thereon at the rate of 5 percent per annum to the date of payment. (c) No creditable service may be obtained pursuant to the provisions of this Code sec tion for any period for which creditable service has or may be obtained in any other state or local public retirement system. (d) No creditable service obtained pursuant to the provisions of this Code section shall be calculated in determining the minimum number of years of creditable service required for retirement pursuant to Article 6 of this chapter."
SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 5, 1996

1697

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 Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes E Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, 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 Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin
Greene Grindley Y Hanner Y Harbin Y Harris Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon Y Klein YLadd YLakly 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 YOirock YParham

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster Y Polak Y Ponder
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts E 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

E Smith, W YSmyre Y Snelling
YSnow Y Stallings
Stand], F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat E Taylor
Y Teague YTeper
Y Thomas Y Tillman
Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B
Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1440 was postponed until tomorrow.

HB 1430.

By Representative Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to comprehensively revise the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to comprehensively revise the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts; to provide that certain solicitors may

1698

JOURNAL OF THE HOUSE,

choose to continue to use the designation of solicitor; to provide for applicability; to pro vide for the election of solicitors-general; to provide for vacancies; to authorize the General Assembly to provide by local law for the district attorney to serve as prosecutor in state court; to provide for an oath of office; to provide for the qualifications for the office of solicitor-general; to provide for rules governing the practice of law by solicitors-general; to provide for leaves of absence; to provide for the designation of solicitors-general pro tern; to provide for the duties and authority of solicitors-general; to provide for compensation; to provide for travel expenses; to provide for the payment of the costs of appeals; to pro vide for the duties and authority of chief assistant solicitors-general; to provide for staff; to provide qualifications, duties, powers, and oaths of assistant solicitors-general and inves tigators; to provide for the payment of expenses; to provide for sanctions; to provide for immunity from certain liability; to provide for liability insurance; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for edi torial revisions; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for editorial revisions; to amend Title 17 of the Offi cial Code of Georgia Annotated, relating to criminal procedure, so as to provide for edito rial revisions; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to provide for editorial revisions; to amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to provide for editorial revisions; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for editorial revisions; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for editorial revisions; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for editorial revisions; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for editorial revisions; to provide that any reference to the solicitor of the state court shall be deemed to refer to the solicitor-general of state court; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing Code Section 15-7-24, relating to solicitors of state courts, in its entirety and inserting in lieu thereof the following:
"15-7-24.
Reserved."
SECTION 2. Said title is further amended by adding a new Article 3 at the end of Chapter 18 to read as follows:
"ARTICLE 3
15-18-60. (a)(l) Except as otherwise provided in this article, there shall be a solicitor-general of each state court who shall be elected for a four-year term and commissioned by the Governor as provided by law. (2) Except as provided in paragraph (3) of this subsection or subsection (c) of this Code section, any person holding the office of solicitor of a state court on the effective date of this article shall become the solicitor-general of such court by operation of law and shall serve for the remainder of the term for which he or she was elected or appointed. (3) Except as provided in subsection (c) of this Code section, any person holding the office of solicitor of a state court on the effective date of this article may elect to con tinue to be styled as the solicitor of such court for so long as such person continues to hold such office. Such election shall be made in writing within 30 days following

TUESDAY, MARCH 5, 1996

1699

the effective date of this article by filing a notice of such election with the clerk of the state court and the superintendent of elections for such county or counties. Such election shall remain in effect either until such person withdraws such election in writ ing subsequently, which withdrawal shall be irrevocable, or until such person ceases to serve as solicitor, whichever occurs first, at which time paragraph (2) of this subsec tion shall become effective. It shall be the duty of the superintendent of elections to furnish a copy of the notice of such election with the Secretary of State within 30 days of receiving the same. This paragraph shall be repealed on January 1 of the year fol lowing the effective date of this article unless at least one solicitor files a notice of election as provided in this paragraph. (b) In the event of a vacancy in the office of solicitor-general of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution. (c)(l) The General Assembly may by local law provide that the district attorney of the judicial circuit shall represent the state in all criminal prosecutions brought in a state court in lieu of creating a separate solicitor-general for the state court. (2) Except as otherwise specifically provided in Article 1 of this chapter, such district attorney shall have the same duties and authority under this article as any solicitorgeneral. (3) The county governing authority may supplement the compensation and fringe benefits of the district attorney and any personnel of the district attorney who sup port the prosecution of criminal cases in the state court of such county. (4) Notwithstanding any other provision of law, if the General Assembly has provided by local law for an assistant district attorney to be designated or appointed as solicitor of a state court, such power, duty, and authority to prosecute in the state court is vested in the district attorney of the judicial circuit in which such county is located, as provided in this subsection. The provisions of this article shall not affect the com pensation of an assistant district attorney previously designated as a solicitor of a state court so long as such assistant is assigned to prosecute criminal cases in the state court. (d) The General Assembly may by local law authorize a solicitor-general of state court to represent the state in more than one county within a judicial circuit. The solicitorgeneral of a multicounty state court shall be selected as provided by local law.
15-18-61. In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the solicitor-general shall take and subscribe to the following oath:
'I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as solicitor-general of (here state the county) County.'
15-18-62. Except as provided in subsection (c) of Code Section 15-18-60, each solicitor-general of the state court must:
(1) Upon taking office, permanently reside within the judicial circuit containing the geographic area in which such person shall serve; (2) Be at least 25 years of age; and (3) Have been admitted and licensed to practice law in the State of Georgia for at least three years.
15-18-63. (a) The General Assembly by local law shall determine whether the solicitor-general shall be a full-time or part-time solicitor-general. (b) A full-time solicitor-general of the state court or any full-time employees of the solicitor-general may not engage in the private practice of law. (c) A part-time solicitor-general of the state court and any part-time assistant solicitorgeneral may engage in the private practice of law, but may not practice in such solicitorgeneral's state court or appear in any matter in which that solicitor-general has exercised jurisdiction.

1700

JOURNAL OF THE HOUSE,

15-18-64. (a) The solicitor-general and employees of any such solicitor-general shall be entitled to a leave of absence from court to participate in continuing education programs as pro vided in Code Section 15-1-11 and Article 2 of this chapter.
(b)(l) Any solicitor-general of a state court who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any election, pri mary or general, which may be held to elect a successor for the next term of office and may qualify in absentia as a candidate for reelection to such office. (2) Where the giving of written notice of candidacy is required, any solicitor-general of a state court who is performing ordered military duty may deliver such notice by mail or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated by the absent public official.
15-18-65. (a) When a solicitor-general is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general may notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney General shall request the services of and thereafter appoint a solicitor-general, an assistant solicitor-general, a district attorney, an assistant district attorney, or other competent attorney to act in place of the solicitor-general.
(b)(l) A private attorney acting as solicitor-general pro tempore pursuant to subsec tion (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. The appointment of the solicitor-general pro tempore shall specify in the order the name of the case or cases to which such appointment shall apply. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county. (2) A solicitor-general of another county who is designated as a solicitor-general pro tempore, or any assistant designated by such solicitor-general to prosecute such cases, shall continue to be compensated by the county in which such solicitor-general serves, provided that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore&apos;s staff shall be reimbursed by the county in which said solicitor-general is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys.
15-18-66. (a) The duties of the solicitors-general within their respective counties are:
(1) To attend each session of the state court when criminal cases are to be heard unless excused by the judge thereof and to remain until the business of the state is disposed of; (2) To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be nec essary; (3) To file accusations on such criminal cases deemed prosecutable and, subject to paragraph (10) of subsection (b) of this Code section, to prosecute all accused offenses; (4) To attend before the appellate courts when any criminal case in which the solicitor-general represents the state is heard, to argue the same, and to perform any other duty therein which the interest of the state may require; and (5) To perform such other duties as are or may be required by law or which necessar ily appertain to their office. (b) The authority of the solicitors-general shall include but is not limited to the follow ing: (1) To review and, if necessary, investigate all criminal cases which may be prosecuted in state court; (2) When authorized by law, to represent the interests of the state in all courts of inquiry within the county in any matter wherein misdemeanor offenses are heard; (3) When authorized by the local governing authority, to be the prosecuting attorney of any municipal court, recorders court, or probate court;

TUESDAY, MARCH 5, 1996

1701

(4) When authorized by law, to prosecute or defend any civil action in the state court in the prosecution or defense of which the state is interested, unless otherwise spe cially provided for; (5) To reduce to judgment any fine, forfeiture, or restitution imposed by the state court as part of a sentence in a criminal case or forfeiture of a recognizance which is not paid in accordance with the order of the court. The solicitor-general may insti tute such civil or criminal action in the courts of this state or of the United States or any of the several states, to enforce said judgment against the property of the defendant; (6) To prosecute on behalf of the state any criminal action which is removed from the state court to a United States district court pursuant to Chapter 89 of Title 28 of the United States Code. The expenses incurred by the solicitor-general as actual costs in the prosecution of any such case shall be paid by the county; (7) To represent the state or any officer or agent of the county in a superior court in any habeas corpus action arising out of any criminal proceeding in the state court, except in those cases in which the commissioner of public safety is named as a party; (8) At the request of any district attorney or solicitor-general, to prosecute or assist in the prosecution of any criminal or civil action and when acting in such capacity a solicitor-general shall have the same authority and power as the requesting prosecutor; (9) To request and utilize the assistance of any solicitor-general, assistant solicitorgeneral, district attorney, assistant district attorney, or other attorney employed by an agency of this state or its political subdivisions or authorities in the prosecution of any criminal or civil action; (10) To enter a nolle prosequi on any accusation, citation, or summons filed and pending or on any indictment pending in the state court as provided by law. No accu sation, citation, or summons shall be considered filed unless such filing has been done with the consent, direction, or approval of the solicitor-general. Further, no notice of arraignment shall be given prior to such filing without the solicitor-general's consent, direction, or approval. Prior to the filing of an accusation, citation, or summons, the solicitor-general shall have the same authority and discretion as district attorneys over criminal cases within their jurisdiction; (11) To request the magistrate to schedule within a reasonable time a preliminary probable cause hearing in any pending misdemeanor case prior to the filing of an accusation and to represent the interests of the state at such hearing; and (12) To exercise such authority as may be permitted by law or which necessarily appertains to their office. (c) The provisions of this Code section shall not be deemed to restrict, limit, or diminish any authority or power granted to a solicitor-general by local Act.

15-18-67. (a) Solicitors-general of state courts shall be compensated from county funds as pro vided by this Code section, except in those counties in which the district attorney is responsible for the prosecution of cases in the state court. (b) Unless a greater amount of compensation is provided for by local law, each full-time solicitor-general shall receive a minimum annual salary in an amount equal to 90 percent of the state salary amount set by law from time to time for district attorneys, including any cost of living increases approved by the General Assembly. (c)(l) Unless a greater amount of compensation is provided for by local law, each parttime solicitor-general shall receive a minimum salary based on a percentage of the state salary set by law from time to time for district attorneys, including any cost of living increases approved by the General Assembly, according to the following schedule:

Population

Percentage of District Attorney Salary

0 - 14,999......................................................................................................................15%

15,000 - 24,999......................................................................................................................25%

25,000 - 49,999......................................................................................................................35%

1702

JOURNAL OF THE HOUSE,

50,000 or more......................................................................................................................45%
(2) The minimum salary for each affected solicitor-general shall be fixed from the schedule provided for in paragraph (1) of this subsection according to the population of the county as determined by the United States decennial census of 1990 or any future such census. (d) Where the solicitor-general is responsible for prosecution of cases in more than one county, the compensation, including the amount set by either subsection (b) or (c) of this Code section, of such solicitor-general shall be apportioned among the counties as provided by local law. (e) The county governing authority is authorized to supplement the minimum compen sation to be paid to the solicitor-general of the state court of that county as fixed by this Code section, but no solicitor-general's compensation or supplement shall be decreased during his or her term of office. (f) The compensation provisions of this Code section shall not affect any benefits granted to a solicitor-general by local law, including but not limited to the payment of contributions to a retirement fund.
15-18-68. Unless otherwise provided by law, the solicitor-general and county paid personnel employed by the solicitor-general shall be entitled to be reimbursed for actual expenses incurred in the performance of their official duties in the same manner and rate as other county employees.
15-18-69. The bill of costs or filing fees of any appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by the solicitor-general shall be paid by the state as provided in Code Section 15-18-13.
15-18-70. (a) In any solicitor-general's office in which the solicitor-general is authorized to employ two or more assistant solicitors-general, the solicitor-general may designate in writing an assistant solicitor-general as the chief assistant solicitor-general. In addition to such assistant solicitor-general's other duties, the chief assistant solicitor-general shall have such administrative and supervisory duties as may be assigned by the solicitor-general.
(b)(l) If the solicitor-general is unable to perform the duties of the office because of physical or mental disability, the chief assistant solicitor-general shall have the same powers, duties, and responsibilities as the solicitor-general. Said authority shall termi nate upon the incumbent solicitor-general's resuming the duties of said office. Any question of fact concerning the disability of a solicitor-general shall be determined by the superior court sitting without a jury in the same manner and subject to the same procedures as is provided by Article V, Section IV of the Georgia Constitution for elected constitutional executive officers. (2) If the solicitor-general shall be temporarily absent from the county such that he or she is not available to perform the duties of said office, the solicitor-general may authorize, in writing, the chief assistant solicitor-general to exercise any of the powers, duties, and responsibilities of the solicitor-general during such absence. (3) If the solicitor-general shall be absent for a period of more than 30 days as a result of ordered military duty, as defined in Code Section 38-2-279, or as a result of a disability as provided in paragraph (1) of this subsection, the chief assistant solicitor-general shall be designated as the acting solicitor-general. If no chief assistant solicitor-general has been designated by the solicitor-general, the solicitor-general shall designate a chief assistant solicitor-general prior to entering ordered military duty. Should the solicitor-general fail to designate a chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall be designated the acting solicitor-general. The designation of an acting solicitor-general shall terminate upon the solicitor-general's release from ordered military duty or upon the solicitor-general's resuming the duties of said office as provided in paragraph (1) of this subsection. If there are no assistant solicitors-general, a solicitor-general pro tempore shall be

TUESDAY, MARCH 5, 1996

1703

appointed as provided in Code Section 15-18-65. The designation shall terminate upon the solicitor-general's release from ordered military duty or upon the solicitor-general's resuming the duties of said office as provided in paragraph (1) of this subsection. (4) An acting solicitor-general, upon assuming the office, shall be compensated at the same rate as is authorized by general or local law for the solicitor-general. The acting solicitor-general shall retain such other benefits and emoluments as an assistant solicitor-general, including, but not limited to, membership in any retirement system which such assistant was a member of at the time of the appointment as acting solicitor-general. (5) The acting solicitor-general shall be authorized to appoint an additional assistant solicitor-general who shall be compensated in the same manner and from the same source or sources as the acting solicitor-general was compensated prior to being desig nated acting solicitor-general. Said appointment shall terminate upon the solicitorgeneral's resuming the duties of the office.
15-18-71. (a) The solicitor-general of a state court may employ such additional assistant solicitorsgeneral, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The solicitor-general shall define the duties and fix the title of any attor ney or other employee of the solicitor-general's office. (b) Personnel employed by the solicitor-general pursuant to this Code section shall be compensated by the county, the manner and amount of compensation to be paid to be fixed either by the solicitor-general with the approval of the governing authority of the county or as provided for by local Act. (c) All appointments of assistant solicitors-general and investigators pursuant to this Code section shall be in writing. (d) All assistant solicitors-general and investigators shall, in addition to any oath pre scribed by Chapter 3 of Title 45, take and subscribe to the following oath:
'I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as (assistant solicitor-general or investigator) of (here state the county) County.' which shall be filed in accordance with Chapter 3 of Title 45.
15-18-72. (a) Except as provided in Code Section 35-9-15, relating to cross designation of law enforcement officers and prosecuting attorneys, any assistant solicitor-general, or other attorney at law employed by the solicitor-general shall be a member in good standing of the State Bar of Georgia, admitted to practice before the appellate courts of this state, shall serve at the pleasure of the solicitor-general, and shall have such authority, powers, and duties as may be assigned by the solicitor-general. (b) Any investigator employed by the solicitor-general's office who is authorized by the solicitor-general and by Article 4 of Chapter 11 of Title 16, relating to firearms, to carry weapons or authorized by local law to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35 and shall serve at the pleasure of the solicitor-general. (c) Subject to the provisions of Chapter 19 of Title 45, relating to employment practices of public officials and agencies, the solicitor-general shall, unless otherwise provided by local law, establish the qualifications of all other personnel employed in the solicitorgeneral's office.
15-18-73. (a) Except as provided in subsection (b) of this Code section, the governing authority of the county shall provide all offices, utilities, equipment, telephone expenses, legal costs, transcripts, materials, and supplies as may be necessary for the solicitor-general to perform the duties and obligations of such office in an orderly and efficient manner.

1704

JOURNAL OF THE HOUSE,

(b) The Prosecuting Attorneys' Council of the State of Georgia may, to the extent that funds or other resources are available to the council for such purpose, provide such addi tional equipment or services as may be requested by the solicitors-general.
15-18-74. (a) If a solicitor-general fails to carry out the duties of office as provided in subsection (a) of Code Section 15-18-66 without just cause, the solicitor-general shall be liable to rule as are attorneys at law. (b) If a solicitor-general fails to attend court as required by law without just cause, the solicitor-general is liable to be fined $50.00 for each failure, to be retained out of the solicitor-general's salary. (c) Solicitors-general of state courts and their staff shall be entitled to immunity from private suit for actions arising from the performance of their official duties to the same extent as district attorneys. (d) The Prosecuting Attorneys' Council of the State of Georgia is authorized to pur chase policies of liability insurance or contracts of indemnity or to participate in the state insurance and indemnification program established pursuant to Chapter 9 of Title 45 on behalf of the solicitors-general of the state courts and their staffs when engaged in the performance of their official duties. The council shall pay any premiums out of such funds as may be available for the support of the district attorneys and solicitorsgeneral of this state."
SECTION 3. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Sec tion 15-18-14, relating to assistant district attorneys, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a dis trict attorney; a person who serves on a full-time basis as an assistant district attor ney, deputy district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor ef assistant solicitor solicitor-general or assistant solicitor-general of a state court or as a solicitor or assist ant solicitor of a juvenile court of this state or any political subdivision thereof; a per son who serves as an attorney employed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a person who serves as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the crimi nal law; a person who serves on a full-time basis as an attorney employed by the Pros ecuting Attorneys' Council of the State of Georgia; a person who serves on a full-time contractual basis with the Department of Human Resources as an attorney employed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act'; or a person who serves on a full-time basis as a third-year law student under the author ity of Code Section 15-18-22."
SECTION 4. Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Sec tion 15-18-22, relating to use of third-year law students as legal assistants in criminal pro ceedings, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'District attorney' means any district attorney of this state, the Attorney General, the director of the Prosecuting Attorneys' Council of the State of Georgia, or any solicitor solicitor-general of a state court or any assistants of such officers."
SECTION 5. Said chapter is further amended by striking subsections (a) and (b) of Code Section 15-18-41, relating to composition of the Prosecuting Attorneys&apos; Council, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:

TUESDAY, MARCH 5, 1996

1705

"(a) The council shall be composed of nine members, six of whom shall be district attor neys and three of whom shall be solicitors or solicitors-general of courts of record, (b) The initial six district attorney members of the council shall be selected with two members being appointed for a term of four years, two members being appointed for a term of three years, and two members being appointed for a term of two years. The ini tial three solicitor or solicitor-general members shall be selected with one member being appointed for a term of three years and one member being appointed for a term of two years."
SECTION 6. Said chapter is further amended by striking Code Section 15-18-43, relating to the eligibil ity of members of the council to hold office, in its entirety and inserting in lieu thereof a new Code Section 15-18-43 to read as follows:
"15-18-43. Notwithstanding any other provision of law, no councilmember shall be ineligible to hold the office of district attorney, solicitor solicitor-general, district attorney emeritus, or solicitor general emeritus by virtue of his or her position as a member of the council."
SECTION 7. Said chapter is further amended by striking Code Section 15-18-45, relating to authoriza tion of the council to conduct or approve training programs, in its entirety and inserting in lieu thereof a new Code Section 15-18-45 to read as follows:
"15-18-45. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training pro grams for the district attorneys, solicitors solicitors-general, and other prosecuting attor neys of this state and the members of the staffs of such officials. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimburse ment, in whole or in part, for the actual expenses incurred by any district attorney, aolieitor solicitor-general, or other prosecuting attorney of this state or any member of the staffs of such officials in attending any such approved course or training program from such funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, such officials and members of their staffs shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 15-18-12. The council shall adopt such rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section prop erly."
SECTION 8. Said chapter is further amended by striking Code Section 15-18-46, relating to prohibited activities, in its entirety and inserting in lieu thereof a new Code Section 15-18-46 to read as follows:
"15-18-46.
Anything in this article to the contrary notwithstanding, the Prosecuting Attorneys' Council of the State of Georgia may not exercise any power, undertake any duty, or per form any function assigned by law to the Governor of this state, the Attorney General, any district attorney, or any solicitor or solicitor-general of any court of record in this state."
SECTION 9. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (b) of Code Section 5-6-45, relating to operation of notice of appeal as supersedeas in criminal cases, in its entirety and inserting in lieu thereof a new subsec tion (b) to read as follows:

1706

JOURNAL OF THE HOUSE,

"(b) If the defendant is a corporation which has been convicted as provided in Code Section 17-7-92, the presiding judge, on the motion of the defendant, prosecuting attor ney, or on its own motion, may order that supersedeas be conditioned upon the posting of a supersedeas bond. Said order may be entered either before or after the filing of a motion for a new trial or notice of appeal. The bond shall be in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's appearance, by and through a corporate officer, agent, or attorney at law, to satisfy the judgment, together with all costs and interest. If the corporation fails to make the bond as ordered, the prosecuting attorney or other proper officer may use any and all lawful process and procedures available to enforce and collect the judgment. Should final judgment be entered in favor of the defendant, the presiding judge shall order a refund of all amounts collected in satisfaction of the judgment. The State of Georgia, and its political subdivisions, district attorney, solicitor solicitor-general, sheriff, marshal, all other proper officers, and all agents and employees of the aforementioned persons shall be immune from all civil liability for acts and attempts to enforce and col lect a judgment under this subsection."
SECTION 10. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subparagraph (a)(2)(B) of Code Section 16-9-20, relating to deposit account fraud, in its entirety and inserting in lieu thereof a new subparagraph to read as follows:
"(B) The form of notice shall be substantially as follows: 'You are hereby notified that the following instrument(s)

/-iu--i-
Ullll>ll
Number

fiu-~i.
l_llllxl*lL
Date

r*i,~~i.
l^lldll
Amount

Name
nf
UI
Bank

drawn upon ______________ and payable to ____________, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $________, the total amount due being _____________ dollars and _____ cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you deliv ered the instrument(s) with the intent to defraud and the dishonored instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor solicitor-general for criminal prosecution.'; or"
SECTION 11. Said title is further amended by striking subsection (c) of Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings."
SECTION 12. Said title is further amended by striking paragraph (5.1) of subsection (a) of Code Section 16-11-130, relating to exemptions from certain prohibitions concerning carrying a weapon, in its entirety and inserting in lieu thereof a new paragraph (5.1) to read as follows:

TUESDAY, MARCH 5, 1996

1707

"(5.1) State court solicitors solicitors-general; investigators employed by and assigned to a state court solicitor's solicitor-general's office; assistant state court solicitors solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;"
SECTION 13. Said title is further amended by striking subsection (g) of Code Section 16-13-32, relating to transactions in drug related objects, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Any instruments, devices, or objects which are seized after July 1, 1980, on condem nation as being distributed or possessed in violation of this Code section and which are not made the subject of prosecution under this Code section may be destroyed by the state or any county or municipality thereof if within 90 days after such seizures are made, the district attorney or the solicitor solicitor-general of any court that has juris diction to try misdemeanors in the county where the seizure occurred shall institute con demnation proceedings in the court by petition, a copy of which shall be served upon the owner of the seized items, if known; and if the owner is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. The petition shall allege that the seized items were distributed or possessed in violation of this Code section; and, if no defense is filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, and the court shall order the seized items to be destroyed; other wise, the case shall proceed as other civil cases in the court. Should the state prove, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of this Code section, the court shall order the seized items to be destroyed."
SECTION 14. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (d) of Code Section 17-7-71, relating to trials of misde meanors, in its entirety and inserting in lieu thereof a new subsection (d) to read as fol lows:
"(d) An accusation substantially complying with the following form shall in all cases be sufficient:
IN THE ___________ COURT OF ___________ COUNTY STATE OF GEORGIA
On behalf of the people of the State of Georgia, the undersigned, as prosecuting attor ney for the county and state aforesaid, does hereby charge and accuse (name of accused) with the offense of ___________; for that the said (name of accused) (state with sufficient certainty the offense and the time and place it occurred) con trary to the laws of this state, the good order, peace, and dignity thereof.

(District attorney) (Solicitor Solicitor-general)"
SECTION 15. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 17-10-30, relating to the procedure for imposition of the death penalty generally, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) The murder of a judicial officer, former judicial officer, district attorney or solid tef solicitor-general, or former district attorney2 solicitor^ or solicitor-general was committed during or because of the exercise of his or her official duties;"
SECTION 16. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 17-15-4, relating to powers of the Georgia Crime Victims Compensation Board, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

1708

JOURNAL OF THE HOUSE,

"(2) To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors solicitors-general, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above in this paragraph is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, how ever, that the board shall preserve the confidentiality of any such records received;"
SECTION 17. Said title is further amended by striking paragraph (10) of Code Section 17-17-3, relating to definitions relative to the "Crime Victims' Bill of Rights," in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'Prosecuting attorney' means the district attorney, the solicitor solicitor-general of a state court or the solicitor of any other courts court, the Attorney General, a county attorney opposing an accused in a habeas corpus proceeding, or the designee of any of these."
SECTION 18. Title 34 of the Official Code of Georgia Annotated, relating to labor, is amended by strik ing Code Section 34-2-14, relating to the authorization to establish and administer pretrial intervention programs, in its entirety and inserting in lieu thereof the following:
"34-2-14.
The Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors solicitors-general of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Georgia Department of Labor shall be authorized to administer all such programs pursuant to said agreement."
SECTION 19. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency man agement, and veterans affairs, is amended by striking subsection (c) of Code Section 38-2-274, relating to unlawful conversion of military property, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) No judge, district attorney, solicitor solicitor-general, sheriff, court clerk, or other peace officer shall require the payment of any fees, court costs, or charges of any nature for any warrant obtained by the prosecutor for the unlawful conversion of military prop erty."
SECTION 20. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of subsection (h) of Code Section 40-8-5, relating to penalties for alteration of an odometer, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(h)(l) If any person violates any provision of this Code section, the Attorney Gen eral, any district attorney in this state, or any solicitor solicitor-general in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation."
SECTION 21. Said title is further amended by striking subsection (c) of Code Section 40-13-21, relating to the general powers of the probate and municipal courts in traffic misdemeanor trials, in its entirety and inserting in lieu thereof the following:
"(c) In any traffic misdemeanor trial, a judge of the probate court, upon his or her own motion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor solicitor-general of the state court of the county to conduct

TUESDAY, MARCH 5, 1996

1709

the trial on behalf of the state. If, for any reason, the district attorney or oolieitor solicitor-general is unable to assist, the district attorney or solicitor solicitor-general may designate a member of his or her staff to conduct the trial on behalf of the state."
SECTION 22. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking paragraph (5) of subsection (a) of Code Section 42-5-85, relating to leave privileges of inmates serving murder sentences, in its entirety and inserting in lieu thereof the following:
"(5) The murder of a judicial officer, former judicial officer, district attorney or solici te* solicitor-general, or former district attorneyz e* solicitor or solicitor-general was committed during or because of the exercise of his or her official duties;"
SECTION 23. Said title is further amended by striking Code Section 42-8-80, relating to establishment and operation of pretrial release and diversion programs, in its entirety and inserting in lieu thereof a new Code Section 42-8-80 to read as follows:
"42-8-80.
The Department of Corrections shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with mis demeanors and felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, the aolicitor solicitor-general where applicable, and the sheriff of such county. The Board of Corrections shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources."
SECTION 24. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (b) of Code Section 43-47-21, relating to penalties for violations of the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The penalty provided in subsection (a) of this Code section and any restitution due to specifically named consumers for violations of this chapter shall be recoverable by a civil action brought by the division, the board, the Attorney General, or any district attorney, solicitor solicitor-general, or municipal or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the clerk of the court in which such case is filed; provided, however, that in an action brought on behalf of a county or municipality one-half of the proceeds of such civil penalty shall be paid into the treasury of such county or munici pality. The court shall order any restitution recovered on behalf of any consumer to be paid over directly to the consumer by the defendant."
SECTION 25. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employ ees, is amended by striking subsection (a) of Code Section 45-5-6, relating to investigation of a public official by special commission upon indictment, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any aolicitor solicitor-general of a state court; any elected member of any munic ipal governing authority; any member of the Public Service Commission; and any district attorney."

1710

JOURNAL OF THE HOUSE,

SECTION 26. Said title is further amended by striking subsection (a) of Code Section 45-5-6.1, relating to suspension and vacation of office of public officials convicted of felonies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor solicitor-general of a state court; any elected member of any munic ipal governing authority; any member of the Public Service Commission; and any district attorney."
SECTION 27. Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the East ern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law.
SECTION 28. The provisions of this Act shall not affect the powers, duties, or responsibilities of the dis trict attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1.
SECTION 29. Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in gen eral law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court.
SECTION 30. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996. (b) The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of .a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general.
SECTION 31. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Barnes of the 33rd was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to revise comprehensively the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to provide for editorial revisions; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts; to pro vide that certain solicitors may choose to continue to use the designation of solicitor; to provide for applicability; to provide for the election of solicitors-general; to provide for vacancies; to authorize the General Assembly to provide by local law for the district attor ney to serve as prosecutor in state court; to provide for an oath of office; to provide for the qualifications for the office of solicitor-general; to provide for rules governing the prac tice of law by solicitors-general; to provide for leaves of absence; to provide for the desig nation of solicitors-general pro tern; to provide for the duties and authority of

TUESDAY, MARCH 5, 1996

1711

solicitors-general; to provide for compensation; to provide for travel expenses; to provide for the payment of the costs of appeals; to provide for the duties and authority of chief assistant solicitors-general; to provide for staff; to provide qualifications, duties, powers, and oaths of assistant solicitors-general and investigators; to provide for the payment of expenses; to provide for sanctions; to provide for immunity from certain liability; to pro vide for liability insurance; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for editorial revisions; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for editorial revisions; to amend Title 17 of the Official Code of Georgia Annotated, relat ing to criminal procedure, so as to provide for editorial revisions; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to provide for editorial revi sions; to amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to provide for editorial revisions; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for editorial revisions; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for editorial revisions; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for editorial revisions; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for edito rial revisions; to provide that any reference to the solicitor of the state court shall be deemed to refer to the solicitor-general of state court; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing Code Section 15-7-24, relating to solicitors of state courts, in its entirety and inserting in lieu thereof the following:
"15-7-24.
Reserved."
SECTION 2. Said title is further amended by adding a new Article 3 at the end of Chapter 18 to read as follows:
"ARTICLE 3
15-18-60. (a)(l) Except as otherwise provided in this article, there shall be a solicitor-general of each state court who shall be elected for a four-year term and commissioned by the Governor as provided by law. (2) Except as provided in paragraph (3) of this subsection or subsection (c) of this Code section, any person holding the office of solicitor of a state court on the effective date of this article shall become the solicitor-general of such court by operation of law and shall serve for the remainder of the term for which he or she was elected or appointed. (3) Except as provided in subsection (c) of this Code section, any person holding the office of solicitor of a state court on the effective date of this article may elect to con tinue to be styled as the solicitor of such court for so long as such person continues to hold such office. Such election shall be made in writing within 30 days following the effective date of this article by filing a notice of such election with the clerk of the state court and the superintendent of elections for such county or counties. Such election shall remain in effect either until such person withdraws such election in writ ing subsequently, which withdrawal shall be irrevocable, or until such person ceases to serve as solicitor, whichever occurs first, at which time paragraph (2) of this subsec tion shall become effective. It shall be the duty of the superintendent of elections to

1712

JOURNAL OF THE HOUSE,

furnish a copy of the notice of such election with the Secretary of State within 30 days of receiving the same. This paragraph shall be repealed on January 1 of the year fol lowing the effective date of this article unless at least one solicitor files a notice of election as provided in this paragraph. (b) In the event of a vacancy in the office of solicitor-general of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution. (c)(l) The General Assembly may by local law provide that the district attorney of the judicial circuit shall represent the state in all criminal prosecutions brought in a state court in lieu of creating a separate solicitor-general for the state court. (2) Except as otherwise specifically provided in Article 1 of this chapter, such district attorney shall have the same duties and authority under this article as any solicitorgeneral. (3) The county governing authority may supplement the compensation and fringe benefits of the district attorney and any personnel of the district attorney who sup port the prosecution of criminal cases in the state court of such county. (4) Notwithstanding any other provision of law, if the General Assembly has provided by local law for an assistant district attorney to be designated or appointed as solicitor of a state court, such power, duty, and authority to prosecute in the state court is vested in the district attorney of the judicial circuit in which such county is located, as provided in this subsection. The provisions of this article shall not affect the com pensation of an assistant district attorney previously designated as a solicitor of a state court so long as such assistant is assigned to prosecute criminal cases in the state court. (d) The General Assembly may by local law authorize a solicitor-general of state court to represent the state in more than one county within a judicial circuit. The solicitorgeneral of a multicounty state court shall be selected as provided by local law.
15-18-61. In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the solicitor-general shall take and subscribe to the following oath:
'I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as solicitor-general of (here state the county) County.'
15-18-62. Except as provided in subsection (c) of Code Section 15-18-60, each solicitor-general of the state court must:
(1) Upon taking office, permanently reside within the judicial circuit containing the geographic area in which such person shall serve; (2) Be at least 25 years of age; and (3) Have been admitted and licensed to practice law in the State of Georgia for at least three years.
15-18-63. (a) The General Assembly by local law shall determine whether the solicitor-general shall be a full-time or part-time solicitor-general. (b) A full-time solicitor-general of the state court or any full-time employees of the solicitor-general may not engage in the private practice of law. (c) A part-time solicitor-general of the state court and any part-time assistant solicitorgeneral may engage in the private practice of law, but may not practice in such solicitorgeneral's state court or appear in any matter in which that solicitor-general has exercised jurisdiction.
15-18-64. (a) The solicitor-general and employees of any such solicitor-general shall be entitled to a leave of absence from court to participate in continuing education programs as pro vided in Code Section 15-1-11 and Article 2 of this chapter.

TUESDAY, MARCH 5, 1996

1713

(b)(l) Any solicitor-general of a state court who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any election, pri mary or general, which may be held to elect a successor for the next term of office and may qualify in absentia as a candidate for reelection to such office. (2) Where the giving of written notice of candidacy is required, any solicitor-general of a state court who is performing ordered military duty may deliver such notice by mail or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated by the absent public official.
15-18-65. (a) When a solicitor-general is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general may notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney General shall request the services of and thereafter appoint a solicitor-general, a district attor ney, or other competent attorney to act in place of the solicitor-general. The appoint ment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply. (b) A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county. (c) A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore or any assistant designated by such solicitor-general pro tempore to prosecute such case or cases shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitorgeneral pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys.
15-18-66. (a) The duties of the solicitors-general within their respective counties are:
(1) To attend each session of the state court when criminal cases are to be heard unless excused by the judge thereof and to remain until the business of the state is disposed of; (2) To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be nec essary; (3) To file accusations on such criminal cases deemed prosecutable and, subject to paragraph (10) of subsection (b) of this Code section, to prosecute all accused offenses; (4) To attend before the appellate courts when any criminal case in which the solicitor-general represents the state is heard, to argue the same, and to perform any other duty therein which the interest of the state may require; and (5) To perform such other duties as are or may be required by law or which necessar ily appertain to their office. (b) The authority of the solicitors-general shall include but is not limited to the follow ing: (1) To review and, if necessary, investigate all criminal cases which may be prosecuted in state court; (2) When authorized by law, to represent the interests of the state in all courts of inquiry within the county in any matter wherein misdemeanor offenses are heard; (3) When authorized by the local governing authority, to be the prosecuting attorney of any municipal court, recorders court, or probate court; (4) When authorized by law, to prosecute or defend any civil action in the state court in the prosecution or defense of which the state is interested, unless otherwise spe cially provided for;

1714

JOURNAL OF THE HOUSE,

(5) To reduce to judgment any fine, forfeiture, or restitution imposed by the state court as part of a sentence in a criminal case or forfeiture of a recognizance which is not paid in accordance with the order of the court. The solicitor-general may insti tute such civil or criminal action in the courts of this state or of the United States or any of the several states, to enforce said judgment against the property of the defendant; (6) To prosecute on behalf of the state any criminal action which is removed from the state court to a United States district court pursuant to Chapter 89 of Title 28 of the United States Code. The expenses incurred by the solicitor-general as actual costs in the prosecution of any such case shall be paid by the county; (7) To represent the state or any officer or agent of the county in a superior court in any habeas corpus action arising out of any criminal proceeding in the state court, except in those cases in which the commissioner of public safety is named as a party; (8) At the request of any district attorney or solicitor-general, to prosecute or assist in the prosecution of any criminal or civil action and when acting in such capacity a solicitor-general shall have the same authority and power as the requesting prosecutor; (9) To request and utilize the assistance of any solicitor-general, assistant solicitorgeneral, district attorney, assistant district attorney, or other attorney employed by an agency of this state or its political subdivisions or authorities in the prosecution of any criminal or civil action; (10) To enter a nolle prosequi on any accusation, citation, or summons filed and pending or on any indictment pending in the state court as provided by law. No accu sation, citation, or summons shall be considered filed unless such filing has been done with the consent, direction, or approval of the solicitor-general. Further, no notice of arraignment shall be given prior to such filing without the solicitor-general's consent, direction, or approval. Prior to the filing of an accusation, citation, or summons, the solicitor-general shall have the same authority and discretion as district attorneys over criminal cases within their jurisdiction; (11) To request the magistrate to schedule within a reasonable time a preliminary probable cause hearing in any pending misdemeanor case prior to the filing of an accusation and to represent the interests of the state at such hearing; and (12) To exercise such authority as may be permitted by law or which necessarily appertains to their office. (c) The provisions of this Code section shall not be deemed to restrict, limit, or diminish any authority or power granted to a solicitor-general by local Act.

15-18-67. (a) Solicitors-general of state courts shall be compensated from county funds as pro vided by this Code section, except in those counties in which the district attorney is responsible for the prosecution of cases in the state court. (b)(l) Unless a greater amount of compensation is provided for by local law and except as provided for in paragraph (2) of this subsection, effective July 1, 1997, each full-time solicitor-general shall receive a minimum annual salary in an amount equal to 85 percent of the state salary amount set by law from time to time for district attorneys, including any cost of living increases approved by the General Assembly.
(2) Unless a greater amount of compensation is provided for by local law, effective July 1, 1998, each full-time solicitor-general shall receive a minimum annual salary in an amount equal to 90 percent of the state salary amount set by law from time to time for district attorneys, including any cost of living increases approved by the Gen eral Assembly.
(c)(l)(A) Unless a greater amount of compensation is provided for by local law and except as provided for in subparagraph (B) of this paragraph, effective July 1, 1997, each part-time solicitor-general shall receive a minimum annual salary based on a percentage of the state salary set by law from time to time for district attorneys, including any cost of living increases approved by the General Assembly, according to the following schedule:

Population

Percentage of District Attorney Salary

TUESDAY, MARCH 5, 1996

1715

0 - 14,999 .....................................................................................................................10% 15,000 - 24,999......................................................................................................................20% 25,000 - 49,999......................................................................................................................30% 50,000 or more......................................................................................................................40%

(B) Unless a greater amount of compensation is provided for by local law, effective July 1, 1998, each part-time solicitor-general shall receive a minimum salary based on a percentage of the state salary set by law from time to time for district attor neys, including any cost of living increases approved by the General Assembly, according to the following schedule:

Population

Percentage of District Attorney Salary

0 - 14,999......................................................................................................................15% 15,000 - 24,999......................................................................................................................25% 25,000 - 49,999......................................................................................................................35% 50,000 or more......................................................................................................................45%

(2) The minimum salary for each affected solicitor-general shall be fixed from the schedule provided for in paragraph (1) of this subsection according to the population of the county as determined by the United States decennial census of 1990 or any future such census. (d) Where the solicitor-general is responsible for prosecution of cases in more than one county, the compensation, including the amount set by either subsection (b) or (c) of this Code section, of such solicitor-general shall be apportioned among the counties as provided by local law. (e) The county governing authority is authorized to supplement the minimum compen sation to be paid to the solicitor-general of the state court of that county as fixed by this Code section, but no solicitor-general's compensation or supplement shall be decreased during his or her term of office. (f) The compensation provisions of this Code section shall not affect any benefits granted to a solicitor-general by local law, including but not limited to the payment of contributions to a retirement fund.

15-18-68. Unless otherwise provided by law, the solicitor-general and county paid personnel employed by the solicitor-general shall be entitled to be reimbursed for actual expenses incurred in the performance of their official duties in the same manner and rate as other county employees.

15-18-69. The bill of costs or filing fees of any appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by the solicitor-general shall be paid by the state as provided in Code Section 15-18-13.

15-18-70. (a) In any solicitor-general's office in which the solicitor-general is authorized to employ two or more assistant solicitors-general, the solicitor-general may designate in writing an assistant solicitor-general as the chief assistant solicitor-general. In addition to such assistant solicitor-general's other duties, the chief assistant solicitor-general shall have such administrative and supervisory duties as may be assigned by the solicitor-general.
(b)(l) If the solicitor-general is unable to perform the duties of the office because of physical or mental disability, the chief assistant solicitor-general shall have the same powers, duties, and responsibilities as the solicitor-general. Said authority shall termi nate upon the incumbent solicitor-general's resuming the duties of said office. Any question of fact concerning the disability of a solicitor-general shall be determined by the superior court sitting without a jury in the same manner and subject to the same procedures as is provided by Article V, Section IV of the Georgia Constitution for elected constitutional executive officers.

1716

JOURNAL OF THE HOUSE,

(2) If the solicitor-general shall be temporarily absent from the county such that he or she is not available to perform the duties of said office, the solicitor-general may authorize, in writing, the chief assistant solicitor-general to exercise any of the powers, duties, and responsibilities of the solicitor-general during such absence. (3) If the solicitor-general shall be absent for a period of more than 30 days as a result of ordered military duty, as defined in Code Section 38-2-279, or as a result of a disability as provided in paragraph (1) of this subsection, the chief assistant solicitor-general shall be designated as the acting solicitor-general. If no chief assistant solicitor-general has been designated by the solicitor-general, the solicitor-general shall designate a chief assistant solicitor-general prior to entering ordered military duty. Should the solicitor-general fail to designate a chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall be designated the acting solicitor-general. The designation of an acting solicitor-general shall terminate upon the solicitor-general's release from ordered military duty or upon the solicitor-general's resuming the duties of said office as provided in paragraph (1) of this subsection. If there are no assistant solicitors-general, a solicitor-general pro tempore shall be appointed as provided in Code Section 15-18-65. The designation shall terminate upon the solicitor-general's release from ordered military duty or upon the solicitor-general's resuming the duties of said office as provided in paragraph (1) of this subsection. (4) An acting solicitor-general, upon assuming the office, shall be compensated at the same rate as is authorized by general or local law for the solicitor-general. The acting solicitor-general shall retain such other benefits and emoluments as an assistant solicitor-general, including, but not limited to, membership in any retirement system which such assistant was a member of at the time of the appointment as acting solicitor-general. (5) The acting solicitor-general shall be authorized to appoint an additional assistant solicitor-general who shall be compensated in the same manner and from the same source or sources as the acting solicitor-general was compensated prior to being desig nated acting solicitor-general. Said appointment shall terminate upon the solicitorgeneral's resuming the duties of the office.
15-18-71. (a) The solicitor-general of a state court may employ such additional assistant solicitorsgeneral, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The solicitor-general shall define the duties and fix the title of any attor ney or other employee of the solicitor-general's office. (b) Personnel employed by the solicitor-general pursuant to this Code section shall be compensated by the county, the manner and amount of compensation to be paid to be fixed either by the solicitor-general with the approval of the governing authority of the county or as provided for by local Act. (c) All appointments of assistant solicitors-general and investigators pursuant to this Code section shall be in writing. (d) All assistant solicitors-general and investigators shall, in addition to any oath pre scribed by Chapter 3 of Title 45, take and subscribe to the following oath:
'I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as (assistant solicitor-general or investigator) of (here state the county) County.'
which shall be filed in accordance with Chapter 3 of Title 45.
15-18-72. (a) Except as provided in Code Section 35-9-15, relating to cross designation of law enforcement officers and prosecuting attorneys, any assistant solicitor-general, or other attorney at law employed by the solicitor-general shall be a member in good standing of the State Bar of Georgia, admitted to practice before the appellate courts of this

TUESDAY, MARCH 5, 1996

1717

state, shall serve at the pleasure of the solicitor-general, and shall have such authority, powers, and duties as may be assigned by the solicitor-general. (b) Any investigator employed by the solicitor-general's office who is authorized by the solicitor-general and by Article 4 of Chapter 11 of Title 16, relating to firearms, to carry weapons or authorized by local law to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35 and shall serve at the pleasure of the solicitor-general. (c) Subject to the provisions of Chapter 19 of Title 45, relating to employment practices of public officials and agencies, the solicitor-general shall, unless otherwise provided by local law, establish the qualifications of all other personnel employed in the solicitorgeneral's office.
15-18-73. (a) Except as provided in subsection (b) of this Code section, the governing authority of the county shall provide all offices, utilities, equipment, telephone expenses, legal costs, transcripts, materials, and supplies as may be necessary for the solicitor-general to perform the duties and obligations of such office in an orderly and efficient manner. (b) The Prosecuting Attorneys' Council of the State of Georgia may, to the extent that funds or other resources are available to the council for such purpose, provide such addi tional equipment or services as may be requested by the solicitors-general.
15-18-74. (a) If a solicitor-general fails to carry out the duties of office as provided in subsection (a) of Code Section 15-18-66 without just cause, the solicitor-general shall be liable to rule as are attorneys at law. (b) If a solicitor-general fails to attend court as required by law without just cause, the solicitor-general is liable to be fined $50.00 for each failure, to be retained out of the solicitor-general's salary. (c) Solicitors-general of state courts and their staff shall be entitled to immunity from private suit for actions arising from the performance of their official duties to the same extent as district attorneys. (d) The Prosecuting Attorneys' Council of the State of Georgia is authorized to pur chase policies of liability insurance or contracts of indemnity or to participate in the state insurance and indemnification program established pursuant to Chapter 9 of Title 45 on behalf of the solicitors-general of the state courts and their staffs when engaged in the performance of their official duties. The council shall pay any premiums out of such funds as may be available for the support of the district attorneys and solicitorsgeneral of this state."
SECTION 3. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Sec tion 15-18-14, relating to assistant district attorneys, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a dis trict attorney; a person who serves on a full-time basis as an assistant district attor ney, deputy district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor er assistant solicitor solicitor-general or assistant solicitor-general of a state court or as a solicitor or assist ant solicitor of a juvenile court of this state or any political subdivision thereof; a per son who serves as an attorney employed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a person who serves as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the crimi nal law; a person who serves on a full-time basis as an attorney employed by the Pros ecuting Attorneys' Council of the State of Georgia; a person who serves on a full-time contractual basis with the Department of Human Resources as an attorney employed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chapter

1718

JOURNAL OF THE HOUSE,

11 of Title 19, the 'Child Support Recovery Act,' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act'; or a person who serves on a full-time basis as a third-year law student under the author ity of Code Section 15-18-22."
SECTION 4. Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Sec tion 15-18-22, relating to use of third-year law students as legal assistants in criminal pro ceedings, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'District attorney' means any district attorney of this state, the Attorney General, the director of the Prosecuting Attorneys' Council of the State of Georgia, or any solicitor solicitor-general of a state court or any assistants of such officers."
SECTION 5. Said chapter is further amended by striking subsections (a) and (b) of Code Section 15-18-41, relating to composition of the Prosecuting Attorneys&apos; Council, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The council shall be composed of nine members, six of whom shall be district attor neys and three of whom shall be solicitors or solicitors-general of courts of record, (b) The initial six district attorney members of the council shall be selected with two members being appointed for a term of four years, two members being appointed for a term of three years, and two members being appointed for a term of two years. The ini tial three solicitor or solicitor-general members shall be selected with one member being appointed for a term of three years and one member being appointed for a term of two years."
SECTION 6. Said chapter is further amended by striking Code Section 15-18-43, relating to the eligibil ity of members of the council to hold office, in its entirety and inserting in lieu thereof a new Code Section 15-18-43 to read as follows:
"15-18-43.
Notwithstanding any other provision of law, no councilmember shall be ineligible to hold the office of district attorney, solicitor solicitor-general, district attorney emeritus, or solicitor general emeritus by virtue of his or her position as a member of the council."
SECTION 7. Said chapter is further amended by striking Code Section 15-18-45, relating to authoriza tion of the council to conduct or approve training programs, in its entirety and inserting in lieu thereof a new Code Section 15-18-45 to read as follows:
"15-18-45.
The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training pro grams for the district attorneys, solicitors solicitors-general, and other prosecuting attor neys of this state and the members of the staffs of such officials. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimburse ment, in whole or in part, for the actual expenses incurred by any district attorney, solicitor solicitor-general, or other prosecuting attorney of this state or any member of the staffs of such officials in attending any such approved course or training program from such funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, such officials and members of their staffs shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 15-18-12. The council shall adopt such rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section prop erly."

TUESDAY, MARCH 5, 1996

1719

SECTION 8. Said chapter is further amended by striking Code Section 15-18-46, relating to prohibited activities, in its entirety and inserting in lieu thereof a new Code Section 15-18-46 to read as follows:

"15-18-46.
Anything in this article to the contrary notwithstanding, the Prosecuting Attorneys' Council of the State of Georgia may not exercise any power, undertake any duty, or per form any function assigned by law to the Governor of this state, the Attorney General, any district attorney, or any solicitor or solicitor-general of any court of record in this state."

SECTION 9. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (b) of Code Section 5-6-45, relating to operation of notice of appeal as supersedeas in criminal cases, in its entirety and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) If the defendant is a corporation which has been convicted as provided in Code Section 17-7-92, the presiding judge, on the motion of the defendant, prosecuting attor ney, or on its own motion, may order that supersedeas be conditioned upon the posting of a supersedeas bond. Said order may be entered either before or after the filing of a motion for a new trial or notice of appeal. The bond shall be in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's appearance, by and through a corporate officer, agent, or attorney at law, to satisfy the judgment, together with all costs and interest. If the corporation fails to make the bond as ordered, the prosecuting attorney or other proper officer may use any and all lawful process and procedures available to enforce and collect the judgment. Should final judgment be entered in favor of the defendant, the presiding judge shall order a refund of all amounts collected in satisfaction of the judgment. The State of Georgia, and its political subdivisions, district attorney, aolicitor solicitor-general, sheriff, marshal, all other proper officers, and all agents and employees of the aforementioned persons shall be immune from all civil liability for acts and attempts to enforce and col lect a judgment under this subsection."

SECTION 10. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subparagraph (a)(2)(B) of Code Section 16-9-20, relating to deposit account fraud, in its entirety and inserting in lieu thereof a new subparagraph to read as follows:
"(B) The form of notice shall be substantially as follows: 'You are hereby notified that the following instrument(s)

Check Number

Check Date

Check Amount

Name of
Bank

drawn upon ______________ and payable to ____________, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $________, the total amount due being _____________ dollars and _____ cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you deliv ered the instrument(s) with the intent to defraud and the dishonored instrument(s) and all other available information relating to this incident may be

1720

JOURNAL OF THE HOUSE,

submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor solicitor-general for criminal prosecution.'; or"
SECTION 11. Said title is further amended by striking subsection (c) of Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings."
SECTION 12. Said title is further amended by striking paragraph (5.1) of subsection (a) of Code Section 16-11-130, relating to exemptions from certain prohibitions concerning carrying a weapon, in its entirety and inserting in lieu thereof a new paragraph (5.1) to read as follows:
"(5.1) State court solicitors solicitors-general; investigators employed by and assigned to a state court solicitor's solicitor-general's office; assistant state court solicitors solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;"
SECTION 13. Said title is further amended by striking subsection (g) of Code Section 16-13-32, relating to transactions in drug related objects, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Any instruments, devices, or objects which are seized after July 1, 1980, on condem nation as being distributed or possessed in violation of this Code section and which are not made the subject of prosecution under this Code section may be destroyed by the state or any county or municipality thereof if within 90 days after such seizures are made, the district attorney or the solicitor solicitor-general of any court that has juris diction to try misdemeanors in the county where the seizure occurred shall institute con demnation proceedings in the court by petition, a copy of which shall be served upon the owner of the seized items, if known; and if the owner is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. The petition shall allege that the seized items were distributed or possessed in violation of this Code section; and, if no defense is filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, and the court shall order the seized items to be destroyed; other wise, the case shall proceed as other civil cases in the court. Should the state prove, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of this Code section, the court shall order the seized items to be destroyed."
SECTION 14. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (d) of Code Section 17-7-71, relating to trials of misde meanors, in its entirety and inserting in lieu thereof a new subsection (d) to read as fol lows:
"(d) An accusation substantially complying with the following form shall in all cases be sufficient:
IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA
On behalf of the people of the State of Georgia, the undersigned, as prosecuting attor ney for the county and state aforesaid, does hereby charge and accuse (name of accused) with the offense of ________; for that the said (name of accused) (state

TUESDAY, MARCH 5, 1996

1721

with sufficient certainty the offense and the time and place it occurred) contrary to the laws of this state, the good order, peace, and dignity thereof.
/s/__________________________________ (District attorney) (Solicitor Solicitor-general)"
SECTION 15. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 17-10-30, relating to the procedure for imposition of the death penalty generally, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) The murder of a judicial officer, former judicial officer, district attorney or aolicite* solicitor-general, or former district attorneyz er solicitor or solicitor-general was committed during or because of the exercise of his or her official duties;"
SECTION 16. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 17-15-4, relating to powers of the Georgia Crime Victims Compensation Board, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors solicitors-general, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above in this paragraph is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, how ever, that the board shall preserve the confidentiality of any such records received;"
SECTION 17. Said title is further amended by striking paragraph (10) of Code Section 17-17-3, relating to definitions relative to the "Crime Victims' Bill of Rights," in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'Prosecuting attorney' means the district attorney, the solicitor solicitor-general of a state court or the solicitor of any other courts court, the Attorney General, a county attorney opposing an accused in a habeas corpus proceeding, or the designee of any of these."
SECTION 18. Title 34 of the Official Code of Georgia Annotated, relating to labor, is amended by strik ing Code Section 34-2-14, relating to the authorization to establish and administer pretrial intervention programs, in its entirety and inserting in lieu thereof the following:
"34-2-14. The Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors solicitors-general of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Georgia Department of Labor shall be authorized to administer all such programs pursuant to said agreement."
SECTION 19. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency man agement, and veterans affairs, is amended by striking subsection (c) of Code Section 38-2-274, relating to unlawful conversion of military property, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) No judge, district attorney, solicitor solicitor-general, sheriff, court clerk, or other peace officer shall require the payment of any fees, court costs, or charges of any nature for any warrant obtained by the prosecutor for the unlawful conversion of military prop erty."

1722

JOURNAL OF THE HOUSE,

SECTION 20. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of subsection (h) of Code Section 40-8-5, relating to penalties for alteration of an odometer, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(h)(l) If any person violates any provision of this Code section, the Attorney Gen eral, any district attorney in this state, or any solicitor solicitor-general in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation."
SECTION 21. Said title is further amended by striking subsection (c) of Code Section 40-13-21, relating to the general powers of the probate and municipal courts in traffic misdemeanor trials, in its entirety and inserting in lieu thereof the following:
"(c) In any traffic misdemeanor trial, a judge of the probate court, upon his or her own motion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor solicitor-general of the state court of the county to conduct the trial on behalf of the state. If, for any reason, the district attorney or solicitor solicitor-general is unable to assist, the district attorney or solicitor solicitor-general may designate a member of his or her staff to conduct the trial on behalf of the state."
SECTION 22. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking paragraph (5) of subsection (a) of Code Section 42-5-85, relating to leave privileges of inmates serving murder sentences, in its entirety and inserting in lieu thereof the following:
"(5) The murder of a judicial officer, former judicial officer, district attorney or solieitef solicitor-general, or former district attorney^ er solicitor2 or solicitor-general was committed during or because of the exercise of his or her official duties;"
SECTION 23. Said title is further amended by striking Code Section 42-8-80, relating to establishment and operation of pretrial release and diversion programs, in its entirety and inserting in lieu thereof a new Code Section 42-8-80 to read as follows:
"42-8-80.
The Department of Corrections shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with mis demeanors and felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, the solicitor solicitor-general where applicable, and the sheriff of such county. The Board of Corrections shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources."
SECTION 24. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (b) of Code Section 43-47-21, relating to penalties for violations of the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The penalty provided in subsection (a) of this Code section and any restitution due to specifically named consumers for violations of this chapter shall be recoverable by a civil action brought by the division, the board, the Attorney General, or any district attorney, solicitor solicitor-general, or municipal or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the clerk of the court in which such case is filed; provided,

TUESDAY, MARCH 5, 1996

1723

however, that in an action brought on behalf of a county or municipality one-half of the proceeds of such civil penalty shall be paid into the treasury of such county or munici pality. The court shall order any restitution recovered on behalf of any consumer to be paid over directly to the consumer by the defendant."
SECTION 25. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employ ees, is amended by striking subsection (a) of Code Section 45-5-6, relating to investigation of a public official by special commission upon indictment, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor solicitor-general of a state court; any elected member of any munic ipal governing authority; any member of the Public Service Commission; and any district attorney."
SECTION 26. Said title is further amended by striking subsection (a) of Code Section 45-5-6.1, relating to suspension and vacation of office of public officials convicted of felonies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor solicitor-general of a state court; any elected member of any munic ipal governing authority; any member of the Public Service Commission; and any district attorney."
SECTION 27. Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the East ern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law.
SECTION 28. The provisions of this Act shall not affect the powers, duties, or responsibilities of the dis trict attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1.
SECTION 29. Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in gen eral law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court.
SECTION 30. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996. (b) The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general.

1724

JOURNAL OF THE HOUSE,

SECTION 31. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Wiles of the 34th moves to amend the Floor substitute to HB 1430 by deleting on pg. 8 lines 36 - 41 and by deleting on pg. 9 lines 1-2 and renumbering accord ingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
YAshe N Bailey N Baker
Y Bannister NBarfoot N Bargeron Y Barnard NBarnes
K Bates N Benefield N Birdsong
Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn N Burkhalter NByrd
N Campbell N Canty N Carter N Chambless N ChanneU N Guilders Y Coker Y Coleman, B N Coleman, T N ConneU E Crawford

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B
DeLoach, G
YDix N Diion, H
Dixon, S Y Dobbs YEhrhart NEpps Y Evans Y Falls N Felton N Floyd
God bee N Golden Y Goodwin N Greene N Grindley N Manner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland
Holmes N Howard N Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J N Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly YLane Y Lawrence NLee Y Lewis Y Lifsey NLord Y Lucas Y Maddox YMann N Martin N McBee
McCall N McClinton Y McKinney N Mills N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal N Orrock YParham

N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak N Ponder N Porter N Poston
Powell N Purcell, A Y Purcell, B NRandall N Randolph NRay N Reaves N Reichert N Roberts E Rogers N Royal Y Sanders Y Sauder
Scoggins Y Shanahan NShaw Y Sherrill Y Shipp N Simpson N Sinkfield
Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P
Smith, T Y Smith, V

E 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 K Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery
Trense Turnquest Y Twiggs N Walker, L Y Walker, R.L Y Wall N Watson Watts Y Westmoreland Whitaker White Y Wiles Y Williams, B N Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 61, nays 93. The amendment was lost.

The following amendment was read and adopted:

Representatives Murphy of the 18th and Barnes of the 33rd move to amend the Floor sub stitute to HB 1430 by adding after the period on line 33 of page 1 the following:
This chapter shall not apply to a city court where the judges or solicitor is appointed by the mayor of a city.

The following amendment was read:

Representative Lane of the 146th, et al. move to amend the Floor substitute to HB 1430 as follows:

TUESDAY, MARCH 5, 1996

1725

Delete beginning on page 9, line 10, and ending on page 10, line 3 paragraph (c) in its entirety; and renaming the following paragraphs accordingly.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Anderson
N Ashe N Bailey N Baker Y Bannister YBarfoot N Bargeron N Barnard N Barnes E Bates N Benefield N Birdsong
Bordeaux NBostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush YBuck
N Buckner YBunn Y Burkhalter NByrd N Campbell N Canty Y Carter N Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T N Connell E Crawford

Y Crews Y Culbreth Y Cumniings N Davis, G Y Davis, M NDay
N DeLoach, B DeLoach, G
YDii N Dkon, H N Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin N Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard Y Hudson N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence
NLee Y Lewis Y Lifsey NLord
Lucas Y Maddoi NMann N Martin Y McBee YMcCall N McClinton
Y McKinney N Mills N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal N Orrock YParham

Y Parrish Y Parsons N Pelote N Perry Y Pinholster
Polak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B NRandall Y Randolph YRay
Reaves N Reichert N Roberts E Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill YShipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P
Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 92, nays 69. The amendment was adopted.

E Smith, W NSmyre Y SneUing
Snow N StaUings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor N Teague NTeper
N Thomas NTilhnan Y Titus Y Towery N Trense
Turnquest YTwiggs N Walker, L Y Walker, R.L N Wall
N Watson Watts
Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B N Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read and adopted:

Representatives Smith of the 109th and Barnes of the 33rd move to amend the Floor sub stitute to HB 1430 by striking line 4 of page 1 and inserting in lieu thereof the following:
"Section 15-7-24, relating to solicitors of state courts; to provide that fees shall not be charged by clerks of court for certified copies of certain records provided to solicitors, solicitors-general, district attorneys, and assistant district attorneys; to".
By adding after Section 1 a new Section 1A to read as follows:
"SECTION 1A. Said title is further amended by adding a new Code Section 15-1-13 to read as follows:
'15-1-13.
No clerk of any superior court or state court shall charge any fee for providing any certi fied copy of any record or portion thereof requested by a solicitor, solicitor-general, dis trict attorney, or assistant district attorney for use in any criminal case.'".

The following amendment was read and ruled out of order:

1726

JOURNAL OF THE HOUSE,

Representatives Holland of the 157th and Barnes of the 33rd move to amend the Floor substitute to HB 1430 by inserting on line 2 on page 1, following the words "so as to", the following:

"provide that the county or counties comprising a judicial circuit may supplement the sal ary of the district attorney in an amount determined by the governing authority of the county or counties; to provide that a district attorney may authorize an increased level of compensation for the chief assistant district attorney; to".

By inserting on line 19 on page 2, following the words "amended by", the following:

"striking in its entirety subsection (b) of Code Section 15-18-10, relating to the compensa tion of district attorneys and supplementation thereof, and inserting in lieu thereof the fol lowing:

'(b) The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as the county governing authority deems appro priate is or as may be authorized by local Act.'

SECTION 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 15-18-15, relating to chief assistant district attorneys, which reads as follows:

'(c) In addition to any other compensation which the chief assistant district attorney may receive from state or county funds, the district attorney may authorize the chief assistant district attorney to be paid an amount not to exceed $1,200.00 per annum. Said amount shall be paid in equal monthly installments from state funds appropriated or available for the operation of the superior courts.', and inserting in lieu thereof the following:

'(c)(l) In lieu of any other compensation which the chief assistant district attorney may receive from state funds and in addition to any other compensation which the chief assistant district attorney may receive from county funds or any other source, the district attorney may authorize the chief assistant district attorney to be paid the higher of either $1200.00 or an amount computed as follows:

(A) The district attorney may authorize a chief assistant district attorney with less than three years of service as chief assistant district attorney to be paid at the rate of pay one step higher than the rate to which he or she would otherwise be entitled;

(B) The district attorney may authorize a chief assistant district attorney with three or more but less than five years of service as chief assistant district attorney to be paid at a rate two steps higher than the rate to which he or she would otherwise be entitled; and

(C) The district attorney may authorize a chief assistant district attorney with five or more years of service as chief assistant district attorney to be paid at a rate of pay three steps higher than the rate to which he or she would otherwise be entitled.

(2) The amounts provided for in this subsection shall be paid in equal monthly installments from state funds appropriated or available for the operation of the supe rior courts and offices of district attorneys. For purposes of this subsection, all years of service as chief assistant district attorney in any judicial circuit and without regard to any break in service shall be used in calculating the total number of years of service as chief assistant district attorney.'

Said title is further amended by".

SECTION 3.

By redesignating former Sections 2 through 31 as Sections 4 through 33.

The Floor substitute, as amended, was adopted.

TUESDAY, MARCH 5, 1996

1727

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 Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron N Barnard YBames E Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush YBuck Y Buckner N Bunn N Burkhalter
YByrd Y Campbell Y Canty N Carter Y Chambless Y Channell N Childers N Coker Y Coleman, B Y Coleman, T Y Connell E Crawford

N Crews N Culbreth N Cummings Y Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G YOU Y Duon, H Y Diion, S NDobbs N Ehrhart YEpps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin N Greene N Grindley Y Banner N Harbin N Harris 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 N Jenkins Y Johnson, G Y Johnson, J N Johnston
Jones N Joyce N Kaye Y Kinnamon N Klein NLadd NLakly YLane N Lawrence YLee N Lewis N Lifsey YLord
Lucas N Maddoi NMann Y Martin Y McBee N McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mouley
Mueller Y O'Neal Y Orrock N Parham

Y Parrish N Parsons Y Pelote N Perry N Pinholster
YPolak Y Ponder
Y Porter Y Poston N Powell N Purcell, A Y Purcell, B YRandall Y Randolph
NRay Y Reaves Y Reichert
Roberts E Rogers N Royal N Sanders N Sauder Y Scoggins YShanahan
Shaw 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

E Smith, W YSmyre N Snelling YSnow Y Stallings
Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P
Y Stephenson Y Streat E Taylor YTeague YTeper Y Thomas YTillman Y Titus N Towery Y Trense
Tumquest NTwiggs Y Walker, L N Walker, R.L Y Wall Y Watson
Watts N Westmorland N Whitaker Y White N Wiles Y Williams, B Y Williams, J N Williams, R N Woods NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 100, nays 64.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Westmoreland of the 104th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1430.

The Speaker Pro Tern assumed the Chair.

HB 1295. By Representatives Jenkins of the 110th, Sherrill of the 62nd, Lewis of the 14th, Ray of the 128th, Rogers of the 20th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to deposit account fraud, so as to provide a mechanism for a court to award interest on restitution paid to the holder of the worthless instrument; to limit civil action if interest is awarded.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to provide a mechanism for a court to award interest on resti tution paid to the holder of the worthless instrument; to provide for the rate of interest

1728

JOURNAL OF THE HOUSE,

and the calculation thereof; to limit civil action if interest is awarded; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, is amended by striking paragraph (4) of subsection (b) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code sec tion. The court may require the defendant to pay as interest a monthly payment equal to 1 percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments on the principal until the entire balance, including the principal and any unpaid interest payments, is paid in full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall be deter mined by the court from competent evidence of costs provided by the party causing the criminal warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence."
SECTION 2. Said Code section is further amended by striking paragraph (2) of subsection (h) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Except as otherwise provided by law, any party who holds a worthless instru ment, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his or her right to continue or pursue civil remedies authorized by law for the collection of the worth less instrument; provided, however, that if interest is awarded and collected on any sum ordered by the court as restitution in the criminal case, interest shall not be collectable in any civil action on the same amount. It shall be deemed conclusive evi dence that any action is brought upon probable cause and without malice where such party holding a worthless instrument has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the instrument and applicable ser vice charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or repre sentations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, represen tations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof."
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 Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister

Y Barfoot Bargeron
Y Barnard Y Barnes E Bates Y Benefield

Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

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!

TUESDAY, MARCH 5, 1996

1729

Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Diion, H
Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley
Hanner

Y Harbin Y Harris Y Heard YHeckstall 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
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
Martin Y McBee Y McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Polak Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B

Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw 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 E Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat E Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
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 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 1039.

By Representative Jenkins of the 110th:
A resolution amending a resolution approved March 4, 1964, designating the "0. H. Banks Bridge", so as to redesignate said bridge as the "O. H. Banks Memorial Bridge".

The following substitute, offered by Representatives Jenkins of the 110th and Perry of the llth, was read and adopted:

A RESOLUTION
Expressing regret at the passing of Mr. Elbert L. Jackson and designating the Elbert L. Jackson Memorial Bridge; designating the Georgia Bureau of Investigation crime labora tory in Chattooga County as the John Frank McConnell Crime Laboratory; and for other purposes.
WHEREAS, Mr. Elbert L. Jackson of Forsyth, Georgia, passed away on April 27, 1994, leaving behind a fine family, many friends, and good memories, the legacy of a life well lived; and
WHEREAS, the son of the late Leon Willis and Myrtle Bryant Jackson, he was a veteran of World War II and was a retired investigator with the Monroe County Sheriffs Depart ment and was a former director of the Monroe County Emergency Management Agency, and he was a member of the Monroe County Board of Registrars; and
WHEREAS, Mr. Jackson was a member of the Monroe County Sportsman's Federation, which is affiliated with the Georgia Wildlife Federation, and was well known as a conservationist committed to the responsible stewardship of the natural resources of Monroe County and the state, and he worked on a volunteer basis with the Department of Natural Resources conservation officers; and

1730

JOURNAL OF THE HOUSE,

WHEREAS, surviving him are his wife, Jean Watts Jackson; two daughters, Meg Stovall and Barbie Martin; two sons, Carl and Jim Jackson; and many other relatives and friends; and
WHEREAS, Honorable John Frank McConnell served with honor and distinction as the Sheriff of Chattooga County, and he performed the duties and responsibilities of that office with the utmost integrity; and
WHEREAS, as the chief law enforcement officer for the county, his respect for the crimi nal justice system in this state and the high standards he expected of his officers and staff contributed significantly to the public safety provided to the community; and
WHEREAS, he demonstrated a deep sense of dedication to his law enforcement career, and his exemplary commitment to the administration of justice served as a model for peace officers throughout the state; and
WHEREAS, the citizens of his community and local government officials remember well the extraordinary leadership and steadfast devotion of Sheriff John Frank McConnell, and it is abundantly fitting that the Georgia Bureau of Investigation crime laboratory in Chat tooga County be named in honor of him.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body express regret at the passing of Mr. Elbert L. Jackson and convey condolences to his bereaved family and friends.
BE IT FURTHER RESOLVED that the bridge on State Route 87 over the Towaliga River in Monroe County is designated the Elbert L. Jackson Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so 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 Ms. Jean Watts Jackson.
BE IT FURTHER RESOLVED that the director of the Georgia Bureau of Investigation is authorized and directed to designate the new crime laboratory in Chattooga County as the John Frank McConnell Crime Laboratory and to affix an appropriate plaque at the entrance of the building for such purpose.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is autho rized and directed to transmit appropriate copies of this resolution to the family of Honor able John Frank McConnell and to the director of the Georgia Bureau of Investigation.

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 Alien Anderson
Y Ashe Y Bailey Y Baker Y Bannister YBarfoot
Bargeron Y Barnard YBarnes E Bates Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush Y Buck Y Buckner
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 E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day

Y DeLoach, B Y DeLoach, G Y Dix Y DUon, H Y DUon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden

Y Goodwin Y Greene
Grindley Hanner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard

TUESDAY, MARCH 5, 1996

1731

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
Lane Y Lawrence YLee Y Lewis Y Lifsey
YLord

Lucas Y Maddoz YMann Y Martin YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock
Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak

Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E 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
Smith, V E Smith, W Y Smyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat E Taylor Y Teague Y Teper

Y Thomas Y Tillman Y Titus Y Towery Y Trense Y 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 adoption of the Resolution, by substitute, the ayes were 159, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 1040.

By Representative Jenkins of the 110th:
A resolution to amend a resolution approved March 3, 1964, designating the "E. Clyde Kelly Bridge", so as to redesignate said bridge as the "E. Clyde Kelly Memorial Bridge".

The following substitute, offered by Representative Jenkins of the 110th, was read and adopted:

A RESOLUTION
Amending a resolution approved March 4, 1964 (Ga. L. 1964, p. 247), designating the "O. H. Banks Bridge" so as to redesignate said bridge as the "O. H. Banks Memorial Bridge"; to amend a resolution approved March 3, 1964 (Ga. L. 1964, p. 180), designating the "E. Clyde Kelly Bridge," so as to redesignate said bridge as the "E. Clyde Kelly Memorial Bridge"; and for other purposes.
WHEREAS, 0. H. Banks was born September 6, 1900, in Shady Dale, Georgia; and
WHEREAS, he is widely recognized as a guiding force in the evolution of the banking industry in Georgia; and
WHEREAS, he was a highly capable businessman, farmer, and cattleman; a pioneer conservationist deeply interested in his community who served his fellow citizens as a member of the Board of Education of Jasper County for 23 years, 15 of which he served as chair man of the board; served as a member of the Jasper County Welfare Board for 26 years; served as a member of the City Council of Shady Dale for 44 years; and served as mayor of Shady Dale for 26 years; and
WHEREAS, Honorable E. Clyde Kelly, deceased, served as the Mayor of the City of Monticello, Georgia, and as Chairman of the Jasper County Board of Education; and
WHEREAS, Mr. Kelly served as Vice President of the First National Bank of Monticello; and
WHEREAS, he served as the Chairman of the Board of Stewards of the Methodist Church of Monticello; and

1732

JOURNAL OF THE HOUSE,

WHEREAS, during his lifetime, he was a respected citizen of Jasper County and was very active in civic affairs; and
WHEREAS, his counsel and advice were greatly valued by the citizens of Jasper County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the bridge over Murder Creek on State Route No. 83, located in Jasper County, designated as the "O. H. Banks Bridge" shall be redesignated and henceforth known as the "O. H. Banks Memorial Bridge."
BE IT FURTHER RESOLVED that the bridge over Shoal Creek on State Route No. 83, located in Jasper County, named for Honorable E. Clyde Kelly shall henceforth be redesignated and known as the "E. Clyde Kelly Memorial Bridge."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the O. H. Banks Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said bridge as the E. Clyde Kelly Memorial 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 family of the late O. H. Banks.
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 family of the late Honorable E. Clyde Kelly.

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:

Alien Andereon Y Ashe Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnard YBarnes E Bates Y Benefield Y Birdsong
Bordeaux Y Bostick YBreedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush Y Buck YBuckner
Bunn YBurkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell YChilders Y Coker

YColeman, B Y Coleman, T
Connell E Crawford Y Crews Y Culbreth
YCummings 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 YGodbee Y Golden Y Goodwin Y Greene
Grindley Hanner Y Harbin Y Harris 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 Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly
Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
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
Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts E Rogers Y Royal

Y Sanders Y Sauder
Scoggins Y Shanahan Y Shaw Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V E Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman

TUESDAY, MARCH 5, 1996

1733

Y Titus
Y Towery YTrense
YTurnquest

YTwiggs
Y Walker, L Walker, R.L
Y Wall

Y Watson
Y Watts Y Westmoreland
Y Whitaker

Y White
Y Wiles Y Williams, B
Y Williams, J

Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 885. By Representative Mosley of the 171st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Long County.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the granting of nonexclulsive easements for operation and maintenance of ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Long County, Georgia; to repeal conflicting laws; and for other pur poses.
WHEREAS, the State of Georgia is the owner of certain real property located in the 24th GMD of Long County, Georgia, which is in the custody of the Georgia Department of Nat ural Resources and known as the Long County Wildlife Management Area; and
WHEREAS, Frank C. Pinkston; Mrs. Marie Pinkston McBride; Alex Pinkston; Calder Pinkston; and Frank C. Pinkston, Jr., hereinafter referred to as Grantees, are adjoining landowners to the above-mentioned state owned property; and
WHEREAS, Grantees are desirous of obtaining access to their properties by traversing a portion of the above-mentioned state owned property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the State of Georgia is the owner of the hereinafter described real property in Long County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Com mission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Grantees, or their successors and assigns, nonexclusive easements for ingress and egress in, on, over, upon, across, or through the easement area for the purpose of obtaining access to their adjacent individual properties. Said easement area is located in the 24th GMD of Long County, Georgia, and is more particularly described as follows:
That portion and that portion only as marked in yellow on sheet 3 of 4 of a plat of sur vey entitled "Fountain Head Tract surveyed for State of Georgia, Department of Natu ral Resources" dated September 9, 1994, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of ingress and egress.

1734

JOURNAL OF THE HOUSE,

SECTION 4. That, after Grantees, or their successors and assigns, have put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein.
SECTION 5. That no title shall be conveyed to Grantees, or their successors and assigns, and, except as herein specifically granted to Grantees, or their successors and assigns, all rights, title, and interest in and to said easement area is reserved in the State of Georgia.
SECTION 6. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the easement area should be relocated in order to avoid interference with the state's use or intended use of the easement area, the state reserves the right to replace the Grantees' access.
SECTION 7. That the easement granted to Grantees, or their successors and assigns, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 8. That the consideration for the easements shall be $650.00; relinquishment of all prescriptive easements on, over, or through the property known as the Long County Wild life Management Area; and such further consideration and provisions as the State Proper ties Commission may determine to be in the best interest of the State of Georgia.
SECTION 9. That this grant of easements shall be recorded by the Grantees in the Superior Court of Long County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 10. That the authorization in this resolution to grant the above-described easements to Grant ees, or their successors and assigns, shall expire three years after the date that this resolu tion becomes effective.
SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 12. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard

Y Barnes E Bates YBenefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Y Brown, J Y Brush
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 E Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix

TUESDAY, MARCH 5, 1996

1735

Y Dixon, H Y Dixon, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene
Grindley Manner Y Harbin Y Harris Y Heard YHeckstall Y Hegstrom Y Hembree YHenson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Ylrvin James
Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones 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 YMcCall Y McClinton

N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts

E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V E Smith, W
YSmyre Y Smiling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephenson Y Streat E Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 164, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1683.

By Representatives Mueller of the 152nd and Bordeaux of the 151st:
A bill to amend Code Section 48-5-295 of the Official Code of Georgia Anno tated, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, so as to change the terms of office of members of county boards of tax assessors.

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-295 of the Official Code of Georgia Annotated, relating to the terms of office of members of county boards of tax assessors and the filling of vacan cies on such boards, so as to change the terms of office of members of county boards of tax assessors; to provide for appointment procedures; to change the provisions relating to the filling of vacancies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-295 of the Official Code of Georgia Annotated, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Each member of the county board of tax assessors appointed to such office on and after July 1^ 1996, shall be appointed by the county governing authority for a term of s years and- Bnttt his aucccaaor is dtrry appointed aad- qualified; provided, however, that e <hly 1-, 1081, a member who has completed six- years f service ea such county -beard ef- tax- assessors shall serve through December 31j 1081, e which date his term ef office sfiftil expire dud tfee office 9fi8.ll DCCOIR^ vflcftntj 8.nu ppoviciccij iUPtrier, tfiftt upon ft member s completing six yeflrs ot service ftiter uuiy TJ iyoi, sucn oiiicc snciii DGCOIXIC vacant, te be filled as provided this part not less than three nor more than six years

1736

JOURNAL OF THE HOUSE,

and until a successor is duly appointed and qualified. A county governing authority shall, bj; resolution, within the range provided bj; this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolu tion shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county gov erning authority shall not be authorized to again change the term length until the expi ration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appoint ments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be filled ad the appointsaent shall be ade in the same manner as provided by law for the appointment ef the mcmbcfo ef th beatd by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:
Representative Maddox of the 108th, et al. move to amend the Committee substitute to HB 1683 by adding following the word and symbol "vacancies;" on line 7 of page 1 the following:
"to provide that no member of a county board of tax assessors shall be eligible to serve as a county tax appraiser;". By adding preceding the period on line 29 of page 2 the following:
" . No member of a county board of tax assessors shall be eligible to serve as a county tax aj3
Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 1683 as follows:
Page 2, Line 30 and renumber Section 2 as Section 3.
Nothing contained in any law shall give the tax assessors the right to require tax returns, rent rolls, leases or the like from property owners.

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 Alien Anderson
YAshe

Y Bailey Y Baker
Y Bannister

Y Barfoot Y Bargeron
Y Barnard

Y Barnes E Bates
Y Benefield

Y Birdsong Y Bordeaux
Y Bostick

TUESDAY, MARCH 5, 1996

1737

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell E Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDii Y Diion, 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
Grindley Manner Y Harbin Y Harris Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce

YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence NLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Polak

Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts
E Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson N Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V E Smith, W YSmyre
Y Snelling

Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Streat E Taylor N Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery YTrense N Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1683 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 Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1804 Do Pass HR 447 Do Pass, as Amended HR 876 Do Pass, as Amended HR 884 Do Pass, as Amended HR 886 Do Pass HR 887 Do Pass, as Amended

HR 902 Do Pass HR 973 Do Pass HR 992 Do Pass, as Amended HR 1006 Do Pass HR 1017 Do Pass HR 1036 Do Pass, as Amended

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Watts of the 26th District, Chairman of the Committee on Banks Banking, submitted the following report:

Mr. Speaker:

1738

JOURNAL OF THE HOUSE,

Your Committee on Banks & Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation:
SB 721 Do Pass
Respectfully submitted, /s/ Watts of the 26th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1132 Do Pass, by Substitute
Respectfully submitted, /si Sinkfield of the 57th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 578 Do Pass, by Substitute
Respectfully submitted, Is/ Chambless of the 163rd
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:
SB 217 Do Pass, by Substitute SB 280 Do Pass, by Substitute SB 520 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

TUESDAY, MARCH 5, 1996

1739

Mr. Speaker:
Your Committee on Retirement 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 435 Do Pass, by Substitute SB 698 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

1740

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 6, 1996

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 Nibs Stroupe, Pastor, Oakhurst Presbyterian Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
Pursuant to Rule 58 notice served on the previous legislative day, Representative Woods of the 32nd made a procedural motion to instruct the Committee on Judiciary to report the following Resolution back to the House:
HR 741. By Representative Woods of the 32nd: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for limitations and restric tions on the powers and authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N Baker
Bannister N Barfoot N Bargeron N Barnard NBarnes E Bates N Benefield
N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush NBuck
Buckner
YBunn N Burkhalter NByrd

Campbell N Canty N Carter N Chambless N Channell N Childers
Coker
N Coleman, B
N Coleman, T
N Connell
N Crawford
N Crews
N Culbreth N Cununings
N Davis, G
Y Davis, M Day
Y DeLoach, B Y DeLoach, G NDix N Diion, H N Dixon, S E Dobbs YEhrhart NEpps

Y Evans Y Falls N Felton N Floyd
NGodbee N Golden Y Goodwin N Greene
Grindley N Manner
Harbin Harris N Heard Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard
N Hudson N Hugley Ylrvin N James N Jamieson

Jenkins
N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein NLadd YLakly
NLane Lawrence
NLee N Lewis
Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee NMcCall N McClinton Y McKinney

Y Mills N Mobley, B
N Mobley, J NMosley
Mueller
N O'Neal NOrrock NParham N Parrish N Parsons N Pelote N Perry
Pinholster NPolak N Ponder N Porter NPoston N Powell N Purcell, A N Purcell, B NRandall N Randolph
NRay N Reaves N Reichert

WEDNESDAY, MARCH 6, 1996

1741

N Roberts E Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan N Shaw NSherrill 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
Smith, W N Smyre N Snelling

Snow N Stallings N Stancil, F
Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor
Teague N Teper

N Thomas N Tillman N Titus N Towery N Trense
Turnquest N Twiggs N Walker, L Y Walker, R.L Y Wall N Watson

N Watts Y Westmoreland
Whitaker White Y Wiles Williams, B Y Williams, J N Williams, R Y Woods Y Yates Murphy, Spkr

On the motion, the ayes were 32, nays 121. The motion was lost.

Due to a mechanical malfunction, the vote of Representative Smith of the 174th was not recorded on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Pursuant to Rule 58, the vote on the above roll call shall be a procedural vote and not a vote on the merits of the Resolution.

Jim Woods 3/7/96
I would like to take this opportunity to clarify my vote on the motion which I made to instruct the House Judiciary Committee to report House Resolution 741, a constitu tional amendment to enable the General Assembly to pass statutes that limit the powers of the Board of Pardons and Paroles to grant reprieves, pardons and paroles, which amendment I authored last November. I did so as a result of Legislative Counsel's advise ment that legislation to enact truth in sentencing, or to require that a minimum of 85% of criminal sentences be served, etc., if enacted would be unconstitutional in view of the State Constitution's conferring all authority over said matters to the Board of Pardons and Paroles. I believe that my amendment is a necessary prerequisite to significant progress in reducing crime. I further believe that my amendment was being unnecessarily held in committee because of partisan political interests and a fundamental difference of opinion as to the role and priorities of the General Assembly as the elected representatives of the people. Rule 58, enables Representatives to make this procedural motion when Represen tatives feel a need for the committees to be instructed to report back to the House on bills assigned to those committees.

Pursuant to Rule 58 notice served on the previous legislative day, Representative Kaye of the 37th made a procedural motion to instruct the Committee on Rules to report the following Bill back to the House:

HB 1103. By Representatives Kaye of the 37th, Poston of the 3rd, Lakly of the 105th, Smith of the 102nd, Barnes of the 33rd and others:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials' conduct and disclosure by lob byists, so as to prohibit gratuitous transfers and loans to members of the General Assembly and their spouses and children by lobbyists and persons, organizations, and entities represented by lobbyists.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey

N Baker Bannister
N Barfoot N Bargeron

N Barnard N Barnes E Bates N Benefield

N Birdsong N Bordeaux N Bostick N Breedlove

Y Brooks, D N Brooks, T Y Brown, J Y Brush

1742

JOURNAL OF THE HOUSE,

NBuck Buckner
YBunn Burkhalter
NByrd Campbell
N Canty N Carter N Chambless N Channell N Childere N Coker N Coleman, B N Coleman, T N Connell N Crawford
Crews N Culbreth N Cummings N Davis, G
Y DaTM, M Day
Y DeLoach, B
Y DeLoach, G YDix
N Dixon, H N Diion, S E Dobbs Y Ehrhart NEpps Y Evans Y Falls

Felton N Floyd NGodbee N Golden Y Goodwin N Greene Y Grindley N Manner
Harbin Harris N Heard Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley Ylrvin N James
N Jamieson Jenkins Johnson, G
Y Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein

YLadd Y Lakly
NLane Y Lawrence
Lee Y Lewis
Lifsey
NLord N Lucas Y Maddox YMann N Martin N McBee N McCall
N McClinton N McKinney Y Mills
N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry Y Pinholster N Polak N Ponder N Porter

Y Poston N Powell N Purcell, A N Purcell, B NRandall
N Randolph Ray
N Reaves N Reichert
Roberts
E 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 Y Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling N Snow

N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor
Teague N Teper N Thomas N Tillman Y Titus Y Towery
Trense Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson
N Watts Y Westmoreland
Whitaker White Y Wiles
Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 44, nays 107. The motion was lost.

Representative Coleman of the 80th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 58, the vote on the above roll call shall be a procedural vote and not a vote on the merits of the Bill.

House of Representatives Legislative Office Building, Room 404
Atlanta, Georgia 30334
March 6, 1996
Pursuant to Rule 137, I submit this explanation of my "Yes" vote on the Motion to Instruct the Rules committee to report HB 1103, prohibiting lobbyist gifts and gratuities, back to the House floor.
Confidence in our government and its elected leaders is at or near an all-time low. HB 1103 is about integrity...integrity in our form of government. It seeks to eliminate influence peddling by adopting a "zero tolerance" or "no cup of coffee" law in regards to lobbyist expenditures for legislators.
There is no honorable reason for lobbyists to spend money on meals, trips, lodging, etc., for legislators. These special interest freebies undermine public confidence and come with a price. It is human nature to feel somewhat obligated to people who have flown you to a resort, paid for a meal in a fancy restaurant, or put up in a nice hotel. This special inter est money is unfairly translated into access and influence, something the average citizen does not have the money to do.
Congress now bans gifts, expensive meals and free vacations, like many states. The vote on HB 1103 was the only House vote on ethics laws during this 1996 Session.

WEDNESDAY, MARCH 6, 1996

1743

/s/ Mitchell Kaye

Pursuant to Rule 58 notice served on the previous legislative day, Representative McKinney of the 51st made a procedural motion to instruct the Committee on Legislative and Congressional Reapportionment to report the following Bill back to the House:

HB 1104. By Representatives Kaye of the 37th, Joyce of the 1st, Woods of the 32nd, Mills of the 21st, Yates of the 106th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to change who may review certain budget requests and make certain budget unit object class transfers.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N Baker N Bannister N Barfoot N Bargeron
N Barnard N Barnes E Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush NBuck
Buckner Y Bunn N Burkbalter NByrd N Campbell N Canty N Carter N Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell
Crawford

Y Crews N Culbreth N Cununings Y Davis, G N Davis, M NDay N DeLoach, B
N DeLoach, G NDix
Dixon, H N Dixon, S EDobbs N Ehrhart NEpps N Evans N Falls N Felton N Floyd NGodbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Howard N Hudson N Hugley

N Irvin N James N Jamieson
Jenkins
N Johnson, G N Johnson, J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane
Lawrence NLee N Lewis N Lifsey NLord N Lucas Y Maddox NMann N Martin N McBee N McCall N McClinton Y McKinney N Mills Y Mobley, B N Mobiey, J N Mosley N Mueller N O'Neal N Orrock N Parham

N Parrish N Parsons
N Pelote N Perry
N Pinholster NPolak N Ponder N Porter N Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph NRay N Reaves N Reichert Y Roberts E Rogers N Royal Y 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 N Smith, P N Smith, T N Smith, V

Smith, W N Smyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L Y Stanley, P N Stephenson N Streat E Taylor
Teague N Teper
Thomas N Tillman Y Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson
N Watts N Westmorland
Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 15, nays 148. The motion was lost.

Pursuant to Rule 58, the vote on the above roll call shall be a procedural vote and not a vote on the merits of the Bill.

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.

1744

JOURNAL OF THE HOUSE,

3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1868. By Representatives Felton of the 43rd, Burkhalter of the 41st, Ashe of the 46th, Campbell of the 42nd, Trense of the 44th and others:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Anno tated, relating to organization of county government, so as to provide for spe cial services districts in certain counties having a population of 400,000 or more according to the United States Decennial census of 1990 or any future such census.
Referred to the Committee on State Planning & Community Affairs.

HB 1869. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Commissioners of Calhoun County, so as to change the compensation of the chairman and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1870. By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act creating the Board of Commissioners of Early County, so as to provide for staggered terms of office for members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1871. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide that the tax commissioner of Carroll County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1872. By Representative Breedlove of the 85th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1873. By Representative Twiggs of the 8th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to change the provisions relating to the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 6, 1996

1745

HB 1874. By Representative Byrd of the 170th:
A bill to amend an Act providing for the nonpartisan nomination and elec tion of the judge of the Probate Court of Appling County, so as to provide that such nonpartisan nomination and election of the judge of the Probate Court of Appling County shall begin with the election held in 1996.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1877. By Representatives Shipp of the 38th, Wiles of the 34th, Klein of the 39th, Grindley of the 35th, Sauder of the 29th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1878. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A bill to amend an Act creating a new board of commissioners of Franklin County, so as to correct technical defects in the boundaries between two commission districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1879. By Representative Powell of the 23rd: A bill to create the City of Hartwell Recreation Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills of the House and Senate were read the sec ond time:

HB 1855 HB 1856 HB 1857 HB 1858 HB 1859 HB 1860 HB 1861 HB 1862

HB 1863 HB 1864 HB 1865 HB 1866 HB 1867 SB 654 SB 697 SB 748

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1786 Do Pass SB 482 Do Pass, by Substitute

1746

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1841 Do Pass HB 1842 Do Pass HB 1845 Do Pass HB 1848 Do Pass HB 1850 Do Pass

HB 1852 Do Pass HB 1853 Do Pass SB 734 Do Pass SB 745 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 6, 1996

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 1425 HB 1467 HB 1492 HB 1585 HB 1587 HB 1590 HB 1596 HB 1610 HB 1614 HB 1636 HB 1644 HB 1654 HB 1689 HB 1738 HB 1754 HB 1760 HB 1761 HB 1771 HB 1803 HB 1834 HB 1838

Corporations; revise provisions relating to shareholders Courts; st court judge serving in superior court; compensation Labor and industrial relations; redefine employee, employer Disposition of unclaimed property; penalties; interest Property tax sales; tax deed titles; ripening by prescription Tech & Adult Ed; powers; student live work projects Superior Courts; senior clerk; create office Education; child in state facility; certain fees Tax executions; lot blocks; repeal certain provisions Asbestos Licensing Board; repeal; transfer duties to EPD Evidence; deposition for preservation; nonresidents Controlled substances or marijuana; drug-free comm zone; penalties Highways; multiple message signs; provisions Motor carriers; certain enforcement; transfer to DPS Quality basic education; RESA's; amend provisions Honeybees and hives; destruction; compensation Superior court clerks; record storage other than at courthouse Ad valorem taxes pending review in certain counties; repeal provisions State-wide Suggestion System Act; enact; create Awards Committee Med consent; abortion and sterilization; repeal cert provisions Sports Hall of Fame Authority; powers

HR 53 Certain property in Chatham Co; remove from industrial area - CA HR 817 Morrrison Moore Connector; designate HR 825 Dr. John H. Owen Intersection; designate

WEDNESDAY, MARCH 6, 1996

1747

HR 982 HR 1045 HR 1109 HR 1110 HR 1129

Downing E. Musgrove Causeway; designate James Edward Oglethorpe Tercentenary Commission; create Lewis C. Adams, Jr., Bridge; designate Employment Security Law Study Committee; create State Land Trust; General Assembly establish by general law - CA

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

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1841.

By Representatives Holland of the 157th and Banner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for certain powers of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1842.

By Representatives Bordeaux of the 151st, Mueller of the 152nd, Day of the 153rd, Thomas of the 148th and Pelote of the 149th:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1845.

By Representatives Scoggins of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend an Act creating the Athens Public Facilities Authority, so as to rename the authority; to change references to the City of Athens, Clarke County, and certain officials of such local governments to AthensClarke County and officials of such consolidated government.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1848.

By Representative Twiggs of the 8th:
A bill to amend an Act establishing a new charter for the Town of Tallulah Falls, so as to change certain provisions relating to quorum, voting, and spe cial meetings of the town council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1748

JOURNAL OF THE HOUSE,

HB 1850.

By Representative Perry of the llth:
A bill to provide a $20,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross income does not exceed $20,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1852. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to provide, if approved by the voters of Wilkes County, for nonpartisan primaries and elections for members of the Board of Education of Wilkes County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1853. By Representative Stephenson of the 25th:
A bill to amend an Act establishing a public school system in the City of Jef ferson, so as to provide authority for the mayor and council to issue bonds of said city to finance land, buildings, and equipment for the public school system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 734. By Senator Ralston of the 51st:
A bill to be entitled an Act to provide for the election of members of the Board of Education of Fannin County; to provide for terms of office; to pro vide for members currently in office; to provide procedures; to provide for the compensation of the members of the Board of Education of Fannin County; to provide for the reimbursement of certain expenses incurred by board members under certain conditions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 745. By Senator Madden of the 47th:
A bill to create the Franklin-Hart Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses.

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.

WEDNESDAY, MARCH 6, 1996

1749

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Baines E Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon, S E Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris 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 Y Joyce
Kaye Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney YMiUs Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham

Y Parrish Parsons
N Pelote Y Perry
Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper N 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, Spkr

On the passage of the Bills, the ayes were 154, nays 5. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 758. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to provide that the office of chief judge of said court shall be rotated annually among the judges of said court.

SB 759. By Senators Lamutt of the 21st, Tanksley of the 32nd, Clay of the 37th 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 provide for the position of administrative specialist in the office of the tax commissioner; to provide for appointment, powers, duties, compensation, and tenure of such person; to provide an effective date.

1750

JOURNAL OF THE HOUSE,

SB 764. By Senators Clay of the 37th and Lamutt of the 21st:
A bill to provide for the method of filling vacancies on the Board of Educa tion of Cobb County; to provide for related matters; to provide for an effec tive date and applicability.

SB 765. By Senator Walker of the 22nd:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, as amended, so as to change the com pensation and expense allowance of the members of the board; to provide an effective date.

HB 1690.

By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from ad valo rem taxes of the City of Rome independent school district for certain resi dents of that school district, so as to change the amount of the exemption.

HB 1718. By Representative Buckner of the 95th: A bill to provide a new charter for the City of Lake City.

HB 1742. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chair person and members of the board.

HB 1744. By Representative Channell of the lllth: A bill to provide a new charter for the Town of Siloam.

HB 1746.

By Representatives Johnson of the 84th and Walker of the 87th:
A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to repeal certain provisions regarding a vacancy in the office of sheriff of Walton County.

HB 1748. By Representative Greene of the 158th:
A bill to provide for the compensation and expenses of the members of the Board of Education of Calhoun County.

HB 1762. By Representatives Golden of the 177th, Bates of the 179th, Titus of the 180th and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement.

HB 1769. By Representatives Golden of the 177th, Reaves of the 178th and Shaw of the 176th:
A bill to repeal an Act approved March 20, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitu tional amendment duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County.

WEDNESDAY, MARCH 6, 1996

1751

HB 1776.

By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act providing a new charter for the City of Blakely, so as to repeal certain provisions relating to the city administrator; to repeal certain provisions relating to council interference with administration.

HB 1777. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to abolish the office of elected county surveyor of Spalding County; to provide for appointment of a county surveyor by the governing authority of Spalding County.

HB 1779.

By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act providing for the election of the Board of Commis sioners of Schley County, so as to change the compensation of the chairman and members of the board of commissioners.

HB 1780. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.

HB 1781. By Representative Birdsong of the 123rd: A bill to create a board of elections and registration in Wilkinson County.

HB 1784. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to create the Americus Theater and Cultural Center Authority.

SB 533. By Senators Boshears of the 6th, Harbison of the 15th and James of the 35th:
A bill to amend Code Section 35-3-37 of the Official Code of Georgia Anno tated, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, so as to provide that any person arrested or indicted for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged.

SB 539. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Anno tated, relating to juvenile law enforcement records, so as to provide that juvenile law enforcement records and files involving an offense which would constitute a felony if committed by an adult shall be kept and reported in the same manner as the law enforcement records of adults.

SB 677. By Senators Day of the 48th and Newbill of the 56th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections.

1752

JOURNAL OF THE HOUSE,

SB 711. By Senators Farrow of the 54th and Oliver of the 42nd:
A bill to amend Code Section 16-8-4 of the Official Code of Georgia Anno tated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section.

SB 749. By Senator Edge of the 28th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Anno tated, known as the "Development Authorities Law," so as to change the def inition of the term "project" with respect to sewage disposal facilities and solid waste disposal facilities; to provide for the management of projects by persons, firms, or private corporations as an alternative to leasing or selling such projects.

SB 750. By Senator Oliver of the 42nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge ini tially appointed.

SB 751. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and Gochenour of the 27th:
A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to require that approval to privatize probation services by the governing author ity of a county, a municipality, or a consolidated government be by resolu tion with a copy of the final contract attached as an exhibit thereto.

HB 1152.

By Representative Watson of the 139th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions applicable to the indemnification of law enforce ment officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "law enforce ment officer"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the defi nition of certain terms.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the pur pose of maintaining and operating such religious group.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

WEDNESDAY, MARCH 6, 1996

1753

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 Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 709. By Senators Taylor of the 12th, Ray of the 19th, Hooks of the 14th and oth ers:
A bill to enact the "Education Reform Act of 1996"; to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, to provide that the Department of Agriculture shall carry out all functions and exercise all powers previously held by the Department of Education for school nutrition programs; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously performed by the Department of Education.

SB 528. By Senator James of the 35th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide for implementation of a Scholastic Aptitude Test preparatory course for certain public schools receiving state funds; to provide that the contents of such course shall be prescribed by each local board of education; to provide for elective credit for such course.

SB 742. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change the provisions relating to physicians of other states and foreign countries entering this state for consultation; to provide for rules and regulations; to provide for registra tion.

SB 743. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to delegation of authority by a physician to a nurse or physician's assistant, so as to provide that the Composite State Board of Medical Examiners shall provide by rule or regulation for the scope of authority of licensed physicians to delegate to a qualified person any acts, duties, or responsibilities relating to radiological technology.

SB 710. By Senators Marable of the 52nd, Dean of the 31st and Gillis of the 20th:
A bill to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to allow Crossroads Alternative School Program staff and students from local school systems to participate in staff development and youth leadership pro grams on the campus of the Georgia School for the Deaf.

1754

JOURNAL OF THE HOUSE,

SB 664. By Senators Black of the 53rd, Guhl of the 45th, Day of the 48th and others:
A bill to amend Code Section 17-6-50 of the Official Code of Georgia Anno tated, relating to persons deemed professional bondspersons, so as to provide that such persons may be approved by the governing authority of the county in which such business is transacted.

SB 769. By Senators Gochenour of the 27th, Thompson of the 33rd, Ralston of the 51st and Dean of the 31st:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals along the state highway system, so as to provide that information concerning certain restaurants shall not be excluded from certain authorized signs, displays, and devices erected and maintained within the rights of way of the interstate sys tem.

SB 717. By Senator 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, so as to change the provisions regarding joint after-school programs for at-risk students; to provide an effective date.

The Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 567. By Senator Ralston of the 51st:
A resolution memorializing the Congress of the United States to amend the federal Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs and biologies.

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 679. By Senators Stokes of the 43rd, Ray of the 19th and Henson of the 55th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that an insurer may not refuse to renew a policy of casualty insur ance covering residential property or an individual or group accident and sickness policy because of certain reports identifying the insured as a victim of family violence.

SB 756. By Senator Henson of the 55th:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Anno tated, relating to medicare supplement insurance, so as to implement the requirements of the Social Security Act Amendments of 1994; to provide for related matters; to provide an effective date.

The Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 515. By Senator Thomas of the 10th:
A resolution creating the Joint Study Committee on Teen-age Pregnancy Prevention.

WEDNESDAY, MARCH 6, 1996

1755

The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 755. By Senator Henson of the 55th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Insurance Code," and Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change the definition of insur ance fraud; to provide civil immunity to certain persons sharing information regarding fraudulent insurance acts.
SB 766. By Senators Crotts of the 17th, Ray of the 19th, Marable of the 52nd and Balfour of the 9th:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Anno tated, relating to notice required of insurers for termination, increase in pre mium rates, or change restricting coverage, so as to change certain provisions regarding failure of an insurer to comply with notice requirements.
SB 757. By Senator Henson of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provi sions relating to residency requirements for license applicants.
The Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 556. By Senators Thompson of the 33rd, Marable of the 52nd and Brown of the 26th:
A resolution creating the Joint Study Committee on Hospital Restructuring.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 528. By Senator James of the 35th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide for implementation of a Scholastic Aptitude Test preparatory course for certain public schools receiving state funds; to provide that the contents of such course shall be prescribed by each local board of education; to provide for elective credit for such course.
Referred to the Committee on Education.
SB 533. By Senators Boshears of the 6th, Harbison of the 15th and James of the 35th:
A bill to amend Code Section 35-3-37 of the Official Code of Georgia Anno tated, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, so as to provide that any person arrested or indicted for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged.
Referred to the Committee on Judiciary.

1756

JOURNAL OF THE HOUSE,

SB 539. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Anno tated, relating to juvenile law enforcement records, so as to provide that juvenile law enforcement records and files involving an offense which would constitute a felony if committed by an adult shall be kept and reported in the same manner as the law enforcement records of adults.
Referred to the Committee on Judiciary.
SB 664. By Senators Black of the 53rd, Guhl of the 45th, Day of the 48th and others:
A bill to amend Code Section 17-6-50 of the Official Code of Georgia Anno tated, relating to persons deemed professional bondspersons, so as to provide that such persons may be approved by the governing authority of the county in which such business is transacted.
Referred to the Committee on Judiciary.
SB 677. By Senators Day of the 48th and Newbill of the 56th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections.
Referred to the Committee on Legislative & Congressional Reapportionment.
SB 679. By Senators Stokes of the 43rd, Ray of the 19th and Henson of the 55th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that an insurer may not refuse to renew a policy of casualty insur ance covering residential property or an individual or group accident and sickness policy because of certain reports identifying the insured as a victim of family violence.
Referred to the Committee on Insurance.
SB 709. By Senators Taylor of the 12th, Ray of the 19th, Hooks of the 14th and oth ers:
A bill to enact the "Education Reform Act of 1996"; to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, to provide that the Department of Agriculture shall carry out all functions and exercise all powers previously held by the Department of Education for school nutrition programs; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously performed by the Department of Education.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 710. By Senators Marable of the 52nd, Dean of the 31st and Gillis of the 20th:
A bill to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to allow Crossroads Alternative School Program staff and students from local school systems to participate in staff development and youth leadership pro grams on the campus of the Georgia School for the Deaf.
Referred to the Committee on Education.

WEDNESDAY, MARCH 6, 1996

1757

SB 711. By Senators Farrow of the 54th and Oliver of the 42nd:
A bill to amend Code Section 16-8-4 of the Official Code of Georgia Anno tated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section.
Referred to the Committee on Special Judiciary.

SB 717. By Senator 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, so as to change the provisions regarding joint after-school programs for at-risk students; to provide an effective date.
Referred to the Committee on Education.

SB 742. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change the provisions relating to physicians of other states and foreign countries entering this state for consultation; to provide for rules and regulations; to provide for registra tion.
Referred to the Committee on Health & Ecology.

SB 743. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to delegation of authority by a physician to a nurse or physician's assistant, so as to provide that the Composite State Board of Medical Examiners shall provide by rule or regulation for the scope of authority of licensed physicians to delegate to a qualified person any acts, duties, or responsibilities relating to radiological technology.
Referred to the Committee on Health & Ecology.

SB 749. By Senator Edge of the 28th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Anno tated, known as the "Development Authorities Law," so as to change the def inition of the term "project" with respect to sewage disposal facilities and solid waste disposal facilities; to provide for the management of projects by persons, firms, or private corporations as an alternative to leasing or selling such projects.
Referred to the Committee on Natural Resources & Environment.

SB 750. By Senator Oliver of the 42nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge ini tially appointed.
Referred to the Committee on Judiciary.

1758

JOURNAL OF THE HOUSE,

SB 751. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and others:
A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to require that approval to privatize probation services by the governing author ity of a county, a municipality, or a consolidated government be by resolu tion with a copy of the final contract attached as an exhibit thereto.
Referred to the Committee on State Institutions & Property.

SB 755. By Senator Henson of the 55th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Insurance Code," and Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change the definition of insur ance fraud; to provide civil immunity to certain persons sharing information regarding fraudulent insurance acts.
Referred to the Committee on Insurance.

SB 756. By Senator Henson of the 55th:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Anno tated, relating to medicare supplement insurance, so as to implement the requirements of the Social Security Act Amendments of 1994; to provide for related matters; to provide an effective date.
Referred to the Committee on Insurance.

SB 757. By Senator Henson of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provi sions relating to residency requirements for license applicants.
Referred to the Committee on Insurance.

SB 758. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to provide that the office of chief judge of said court shall be rotated annually among the judges of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 759. By Senators Lamutt of the 21st, Tanksley of the 32nd, Clay of the 37th 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 provide for the position of administrative specialist in the office of the tax commissioner; to provide for appointment, powers, duties, compensation, and tenure of such person; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 6, 1996

1759

SB 764. By Senators Clay of the 37th and Lamutt of the 21st:
A bill to provide for the method of filling vacancies on the Board of Educa tion of Cobb County; to provide for related matters; to provide for an effec tive date and applicability.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 765. By Senator Walker of the 22nd:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, as amended, so as to change the com pensation and expense allowance of the members of the board; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 766. By Senators Crotts of the 17th, Ray of the 19th, Marable of the 52nd and others:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Anno tated, relating to notice required of insurers for termination, increase in pre mium rates, or change restricting coverage, so as to change certain provisions regarding failure of an insurer to comply with notice requirements.
Referred to the Committee on Insurance.

SB 769. By Senators Gochenour of the 27th, Thompson of the 33rd, Ralston of the 51st and others:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals along the state highway system, so as to provide that information concerning certain restaurants shall not be excluded from certain authorized signs, displays, and devices erected and maintained within the rights of way of the interstate sys tem.
Referred to the Committee on Transportation.

SR 515. By Senator Thomas of the 10th:
A resolution creating the Joint Study Committee on Teen-age Pregnancy Prevention.
Referred to the Committee on Education.

SR 556. By Senators Thompson of the 33rd, Marable of the 52nd and Brown of the 26th:
A resolution creating the Joint Study Committee on Hospital Restructuring.
Referred to the Committee on Rules.

SR 567. By Senator Ralston of the 51st:
A resolution memorializing the Congress of the United States to amend the federal Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs and biologies.
Referred to the Committee on Health & Ecology.

1760

JOURNAL OF THE HOUSE,

Representative Jamieson of the 22nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:

HR 854. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd, Snow of the 2nd, Bailey of the 93rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an emergency manage ment, preparedness, and assistance trust fund for enumerated purposes.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe
Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes E Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick N Breedlove N Brooks, D
Brooks, T N Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChannell Y Childere Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
YDay
Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Y Dizon, S BDobbs YKhrhart
YEpps N Evans Y Falls Y Felton Y Floyd
Godbee Y Golden YGoodwin Y Greene
Grindley Y Hanner Y Harbin N Harris
Y Heard 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 Y Jones N Joyce NKaye Y Kinnamon
Y Klein YLadd YLakly 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 Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Walker, L N Walker, R.L Y Wall Y Watson
Watts Y Westmorland Y Whitaker Y White N Wiles Y Williams, B
Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 139, nays 23. The motion prevailed.

Representative Westmoreland of the 104th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1430. By Representative Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to comprehensively revise the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 6, 1996

1761

N Alien Anderson
Ashe N Bailey N Baker Y Bannister
Y Barfoot Bargeron
N Barnard NBarnes E Bates N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J
Brush NBuck N Buckner YBunn Y Burkhalter NByrd N Campbell
Canty N Carter N Chambless Y Channell N Childers
Y Coker N Coleman, B
Coleman, T N Connell N Crawford

N Crews Y Culbreth
N Cummings Davis, G
N Davis, M Day
N DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S EDobbs YEhrhart NEpps Y Evans Y Falls N Felton Y Floyd
YGodbee N Golden YGoodwin N Greene Y Grindley Y Banner Y Harbin Y Harris N Heard
Heckstall N Hegstrom N Hembree N Henson N Holland N Hohnes N Howard N Hudson N Hugley

Irvin Y James
Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye
N Kinnamon Y Klein YLadd YLakly
YLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox
Mann N Martin N McBee YMcCall N McClinton
McKinney N Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock YParham

Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Ponder Y Porter NPoston
Powell
N Purcell, A Purcell, B
NRandall N Randolph YRay N Reaves N Reichert
Roberts E Rogers Y Royal Y Sanders Y Sauder N Scoggins N Shanahan YShaw 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 NSmyre Y Snelling
Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson Y Streat E Taylor
Teague N Teper N Thomas Y Tillman Y Titus Y Towery
Trense N Turnquest
Twiggs Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmorland N Whitaker N White Y Wiles N Williams, B N Williams, J Y Williams, R Y Woods YYates Murphy, Spkr

On the motion, the ayes were 62, nays 91. The motion was lost.

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

Representative Ehrhart of the 36th arose to a point of personal privilege and addressed the House.

Representative Ehrhart of the 36th moved that the following Bill of the House be taken from the table:

HB 358. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a popula tion of 550,000 or more, so as to provide as additional factors to be considered compliance with a female business enterprise participation plan or efforts to comply therewith and compliance with nondiscrimination and equal opportunity provisions.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
Ashe N Bailey N Baker Y Bannister
N Barfoot

N Bargeron Y Barnard Y Barries E Bates N Benefield
Birdsong N Bordeaux

N Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush
Buck

Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty N Carter

Chambless Y Channell
Childers Y Coker Y Coleman, B N Coleman, T Y Connell

1762

JOURNAL OF THE HOUSE,

Y Crawford
Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YD N Diion, H
Y Diion, S NDobbs YEhrhart NEpps Y Evans Y Falls Y Pelton Y Floyd N Godbee
Y Golden YGoodwin
N Greene Y Grindley N Manner Y Harbin Y Harris N Heard
Heckstall

N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N Hudson N Hugley Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye
Y Kinnamon Y Klein YLadd YLakly YLane
Y Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas

Y Maddox YMann N Martin NMcBee
McCall N McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J
N Mosley Y Mueller N O'Neal NOrrock NParham N Parrish Y Parsons
N Pelote Perry
Y Pinholster NPolak
N Ponder Y Porter Y Poston N Powell N Purcell, A
Purcell, B NRandall N Randolph

YRay N Reaves N Reichert
Roberts E Rogers N Royal Y Sanders Y Sauder N Scoggins Y Shanahan NShaw
Sherrill Y Shipp N Simpson N Sinkfield N Skipper
Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S

N Stanley, L N Stanley, P Y Stephenson N Streat E Taylor
Teague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 86, nays 73. The motion prevailed.

Representative Walker of the 141st arose to a point of personal privilege and addressed the House.

Representative Burkhalter of the 41st arose to a point of personal privilege and addressed the House.

Representative Towery of the 30th arose to a point of personal privilege and addressed the House.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

WEDNESDAY, MARCH 6, 1996

1763

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 1172. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Johnson of the 97th: A resolution commending Southlake Ford.
HR 1173. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Murphy of the 18th and Johnson of the 97th: A resolution commending Media One, Inc.
HR 1174. By Representative Barnard of the 154th: A resolution congratulating Mrs. Evelyn Mikell Griger.
HR 1175. By Representatives Towery of the 30th, Grindley of the 35th, Parsons of the 40th, Sauder of the 29th, Shipp of the 38th and others: A resolution commending Mrs. Marrianne Gingrich.
HR 1176. By Representatives Towery of the 30th, Grindley of the 35th, Parsons of the 40th, Sauder of the 29th, Kaye of the 37th and others: A resolution commending Nancy Desmond.
HR 1177. By Representative Towery of the 30th: A resolution commending Mr. Krishna Srinivasa.
HR 1178. By Representatives Towery of the 30th, Ehrhart of the 36th, Klein of the 39th and Sauder of the 29th: A resolution commending Mr. Edward E. Noble.
HR 1179. By Representatives Towery of the 30th, Kaye of the 37th, Grindley of the 35th, Parsons of the 40th, Sauder of the 29th and others: A resolution commending Betty Jones.
HR 1180. By Representatives Towery of the 30th, Ehrhart of the 36th, Sauder of the 29th and Klein of the 39th: A resolution commending William E. "Billy" Lovett.
HR 1181. By Representatives Towery of the 30th and Klein of the 39th: A resolution commending Mrs. B. J. Lopez.
HR 1182. By Representatives Towery of the 30th, Sauder of the 29th, Shipp of the 38th, Coker of the 31st, Wiles of the 34th and others: A resolution commending Mr. Otis A. Brumby, Jr.

1764

JOURNAL OF THE HOUSE,

HR 1183. By Representative Porter of the 143rd: A resolution commending Lillie Hobbs.

HR 1184. By Representative Porter of the 143rd: A resolution commending Timethia Bonner.

HR 1185. By Representative Porter of the 143rd: A resolution commending Daphanie Cook.

HR 1186. By Representative Porter of the 143rd: A resolution commending Crystal Martin.

HR 1187. By Representative Porter of the 143rd: A resolution commending Sherrell O'Neal.

HR 1188. By Representative Porter of the 143rd: A resolution commending Erica Williams.

HR 1189. By Representative Byrd of the 170th: A resolution commending Connie Simmons.

HR 1190. By Representative Byrd of the 170th: A resolution commending Doug Carter.

HR 1191. By Representative Byrd of the 170th: A resolution commending Wendel Harrelson.

HR 1192. By Representative Byrd of the 170th: A resolution commending Pam Harrell.

HR 1193. By Representative Byrd of the 170th: A resolution commending Leslie Mills.

HR 1194. By Representative Porter of the 143rd: A resolution commending Stacey Greene.

HR 1195. By Representatives Roberts of the 162nd, White of the 161st, Brooks of the 54th, Holmes of the 53rd, McKinney of the 51st and others:
A resolution recognizing and commending Ola Mae Quarterman-Clemons.

HR 1198. By Representatives Towery of the 30th, Burkhalter of the 41st, Shipp of the 38th and Lawrence of the 64th:
A resolution commending Mr. Charles Berry West.

WEDNESDAY, MARCH 6, 1996

1765

HR 1199. By Representatives Towery of the 30th, Shipp of the 38th, Barnes of the 33rd, Parsons of the 40th, Grindley of the 35th and others:
A resolution commending Honorable Lynda Coker.

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 1636.

By Representative Hanner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal the Asbestos Licensing Board and to transfer certain duties of such board to the director of the Environmental Protection Division of the Department of Natural Resources.

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:

Alien
Y Anderson Y Ashe Y Bailey
Baker Y Bannister YBarfoot
Bargeron Y Barnard Y Barnes E Bates Y Benefield
Birdsong Bordeaux Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush Buck Y Buckner YBunn Burkhalter
YByrd Y Campbell
Canty Carter Y Chambless Y Channell Y Childers Coker Y Coleman, B Coleman, T Connell Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G Dix Dixon, H Y Dixon, S Dobbs YEhrhart YEpps Evans Falls Y Felton Floyd YGodbee Y Golden YGoodwin Greene Grindley Y Hanner Y Harbin Y Harris Y Heard Heckstall Y Hegstrom Y Hembree Henson Y Holland Holmes Y Howard Y Hudson Y Hugley

Ylrvin Y James Y Jamieson
Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Jones
Joyce Kaye Y Kinnamon Klein Ladd YLakly YLane Lawrence YLee Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee McCall McClinton McKinney Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock
Parham

Y Parrish Parsons
Y Pelote Y Perry
Pinholster
YPolak Y Ponder
Porter Poston Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Scoggins Y Shanahan YShaw Y Sherrill Shipp Y Simpson
Sinkfield 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
Snow Y Stallings
Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P
Stephenson Streat E Taylor Teague Y Teper Thomas YTillman Y Titus Towery Y Trense Turnquest Twiggs Walker, L Walker, R.L Wall
Watson Watts Westmoreland Whitaker White Wiles Williams, B Williams, J Y Williams, R Y Woods Yates Murphy, Spkr

On the passage of the Bill, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lewis of the 14th 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.

1766

JOURNAL OF THE HOUSE,

HB 1590. By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Code Section 20-4-14 of the Official Code of Georgia Anno tated, relating to the establishment of the Department of Technical and Adult Education and the provision of its powers and duties, so as to change the powers of the Department of Technical and Adult Education relating to student live work projects.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Barnard YBarnes
E Bates Y Benefield
Birdsong Bordeaux Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Bruah YBuck
Y Buckner YBunn
Burkhalter
YByrd Y Campbell
Canty Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
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 YDobbs
YEhrhart YEpps
Evans Y Falls
Y Felton Y Floyd Y Godbee
Y Golden Y Goodwin
Greene Grindley Y Hanner
Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard
Y Hudson Y Hugley

Ylrvin
Y James Y Jamieson
Jenkins
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Y Kinnamon Y Klein
Ladd Y Lakly YLane
Lawrence YLee
Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin YMcBee
McCall McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock Parham

YParrish Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Ponder
Porter Poston Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph Ray Reaves
Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill
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 YSmyre Y Snelling
Snow S tailings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense Y Turnquest Twiggs Walker, L Walker, R.L Wall Watson Watts Y Westmoreland Whitaker White Wiles Y Williams, B Williams, J Y Williams, R Y Woods Yates Murphy, Spkr

On the passage of the Bill, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was

Representative Lewis of the 14th 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 1110.

By Representatives Golden of the 177th, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd, Lane of the 146th and others:
A resolution creating the Employment Security Law Study Committee and providing for the powers and duties of such 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:

WEDNESDAY, MARCH 6, 1996

1767

Y Alien Y Anderson YAshe Y Bailey
Baker Y Bannister
YBarfoot
Y Bargeron
Y Barnard
YBarnes
E Bates
Y Benefield
Birdsong
Bordeaux Bostick Y Breedlove Y Brooks, D Brooks, T
Y Brown, J
Y Brush
YBuck
Y Buckner
Y Bunn
Y Burkhalter
YByrd
Y Campbell
Y Canty Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T
Y Connell
Y Crawford

Y Crews Y Culbreth
Cummings
Y Davis, G Y Davia, M YDay Y DeLoach, B
DeLoach, G
Dii Dixon, H Diion, S Y Dobbs YEhrhart YEpps Evans Y Falls Y Felton Y Floyd Godbee Y Golden YGoodwin Y Greene Grindley Y Banner Y Harbin Y Harris 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
Jones 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 YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock
Par ham

Y Parrish Parsons
Y Pelote Y Perry Y Pinholster YPolak Y Ponder
Porter Poston Y Powell Y Purcell, A Y Purcell, B Randall Y Randolph Ray Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Scoggins Y Shanahan YShaw Y Sherrill YShipp Y Simpson Y 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 StaUings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague YTeper
Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs
Walker, L Walker, R.L Wall Y Watson Watts Y Westmorland Whitaker White Wiles Y WUliams, B Y WUliams, J Y Williams, R Y Woods Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 135, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1803.

By Representatives Sherrill of the 62nd, Murphy of the 18th, Smith of the 175th, Golden of the 177th and Hugley of the 133rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create a program for encouraging, receiving, evaluating, implementing, and rewarding suggestions for increasing the effi ciency and economy of the operation of state government.

The following Committee substitute was read and adopted:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to create a program for encouraging, receiving, evaluating, implementing, and rewarding suggestions for increasing the efficiency and economy of the operation of state government; to provide a short title; to provide legislative findings; to provide definitions; to authorize certain actions by the Secretary of State and by state agencies with regard to suggestions; to create the Awards Committee and to provide for its powers and duties; to provide for the appointment, terms, and expenses of members of such committee; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting a new chapter to be designated Chapter 31 to read as follows:

1768

JOURNAL OF THE HOUSE,

"CHAPTER 31
50-31-1.
This chapter shall be known and may be cited as the 'State-wide Suggestion System Act.'
50-31-2.
The General Assembly finds that the citizens, residents, and employees of the State of Georgia are innovative, inventive people whose ideas could provide direct and measurable benefits to the state by improving the operation of state government and by conserving state funds. The General Assembly finds that encouraging Georgia citizens, residents, and employees to make suggestions for the more efficient and economical operation of state government would be in the public interest. The General Assembly finds that providing an easy, accessible method of making suggestions and rewarding meritorious suggestions would encourage such suggestions.
50-31-3.
As used in this chapter, the term: (1) 'Agency' means any department, agency, bureau, board, authority, or instrumen tality of the state. (2) 'Suggestion' means a written proposal for the more efficient or more economical operation of state government, which includes the name and address of the author.
50-31-4.
(a) Any citizen, resident, or employee of the State of Georgia may submit to the Secre tary of State a suggestion as defined in this chapter. Employees of the Secretary of State may, if they desire, submit suggestions directly to the Awards Committee created by Code Section 50-31-7. (b) If a state employee who submits a suggestion requests confidentiality regarding such employee's name, the Secretary of State and the Awards Committee shall not reveal such employee's name without the consent of such employee. For the purposes of com plying with requests for public inspection and copying, suggestions from any state employee who has requested confidentiality regarding such employee's name shall be marked in such a manner that the employee's name and address are not legible. (c) Suggestions by state employees who have requested confidentiality regarding the employees' names are eligible for awards. Anonymous proposals from citizens and resi dents who are not state employees are not eligible for awards. (d) All suggestions shall be subject to requests for public inspection or copying pursuant to the provisions of Article 4 of Chapter 18 of this title. (e) Suggestions by state employees are eligible for awards under the provisions of this chapter and under the provisions of Chapter 21 of Title 45.
50-31-5.
The Secretary of State shall: (1) Receive suggestions from citizens, residents, and state employees; (2) Design and implement a system for distributing suggestions to the appropriate agency or agencies for evaluation, receiving written evaluations of suggestions from agencies, and receiving reports from agencies regarding implementation of suggestions and the results of such implementation; (3) Provide to the Awards Committee created by Code Section 50-31-7, copies of all citizens', residents', and state employees' suggestions and information regarding the evaluation, implementation, and results of implementation of such suggestions; (4) Perform administrative tasks relating to the receipt and transmission of sugges tions, including but not limited to the development of forms for suggestions and the design and implementation of the process or means for receiving suggestions, which may include but is not limited to suggestion boxes in public places, telecommunica tions, or electronic network access; (5) Receive and use donations and gifts from nongovernmental sources for the pur poses of this chapter; and

WEDNESDAY, MARCH 6, 1996

1769

(6) Provide administrative and clerical support to the Awards Committee created by Code Section 50-31-7.
50-31-6.
Each agency of the state shall: (1) Receive citizens', residents', and state employees' suggestions which are forwarded from the Secretary of State; (2) Evaluate each suggestion for its potential effect of increasing the economy or effi ciency of operation; (3) Implement suggestions which have apparent merit with regard to the economy or efficiency of operation; (4) Tabulate and document savings and increases in efficiency resulting from the implementation of suggestions; and (5) Provide information to the Secretary of State regarding the receipt, evaluation, implementation, and result of suggestions.
50-31-7.
(a) There is created the Awards Committee, to consist of nine members. Three members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the Lieuten ant Governor. Members shall be appointed for terms of four years; vacancies shall be filled by appointment for the unexpired term by the same appointing authority. Mem bers of the committee shall not be compensated for their services but shall be paid the same per diem as members of the General Assembly. The committee shall be attached for administrative purposes only to the Secretary of State. (b) The committee shall have the following powers and duties:
(1) To receive suggestions from the Secretary of State; (2) To receive suggestions from employees of the Secretary of State; (3) To receive information from the Secretary of State regarding the evaluation, implementation, and results of suggestions and to request additional information as desired; (4) To provide annually as many financial and symbolic awards for suggestions as the committee deems appropriate; (5) To report annually to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives regarding agency responses to suggestions and to recom mend additional legislation to achieve the purposes of this chapter; (6) To publish annually a report documenting the awards, meritorious suggestions, and savings and increased efficiency resulting from suggestions; and (7) To request, solicit, receive, and use donations and gifts from governmental sources for the purposes of this chapter."

SECTION 2. (a) The provisions of this Act authorizing the appointment of the Awards Committee and authorizing such committee and the Secretary of State to receive donations and gifts for the purposes of this Act shall be effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) The remaining provisions of this Act shall become effective upon the determination by the Secretary of State that adequate funds have been donated to operate the program cre ated by this Act for one year.
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:

1770

JOURNAL OF THE HOUSE,

Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Y Buckner YBunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers YCoker
Y Coleman, B Coleman, T
Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart YEpps
Evans Y Falls Y Felton
Floyd YGodbee Y Golden YGoodwin Y Greene
Grindley Hanner Y Harbin Y Harris Y Heard Hecks tall Y Hegstrom Y Hembree YHenson 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 YLakly YLane
Y Lawrence YLee Y Lewis Y Lifsey
YLord Lucas
Y Maddox YMann Y Martin YMcBee Y McCall Y McClinton
McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock
Parham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E 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

Y Smith, W YSmyre Y Snelling YSnow YStaUings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague YTeper Y Thomas YTillman Y Titus
Y Towery Y Trense Y Tumquest
Twiggs Y Walker, L Y Walker, R.L
Wall
Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Wiles
Y Williams, B Williams, J
Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1614.

By Representatives Skipper of the 137th and Purcell of the 147th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to repeal certain provisions regarding the selling and transferring of tax executions in lot blocks.

The following substitute, offered by Representatives Skipper of the 137th and Buck of the 135th, was read and adopted:

A BILL
To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to revise comprehensively certain provisions regarding the selling and transferring of tax executions in lot blocks; to provide for definitions; to provide for notice; to provide for procedures, conditions, and limitations; to provide for duties and responsi bilities of transferees; to provide for power, duties, and authority of the Department of Revenue with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-19, relating to transfer of executions, and insert ing in its place a new Code Section 48-3-19 to read as follows:

WEDNESDAY, MARCH 6, 1996

1771

"48-3-19.
(a)(l) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes and proves compliance with subsection 4e) (b) of this Code section for individual transfers or sub section (c) of this Code section for transfers in lot blocks, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execu tion entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a different county, has the execution entered on the general execu tion docket of the superior court in the county of such person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution.
(2) (A) It shall be unlawful for any tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this paragraph are:
(i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and his suc cessors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall upon conviction be guilty of a misdemeanor. -- i. nc county ovepnin &utnopity of eo.cri county m~ tins 91cite &nd trie governing
bleete of the aggregate principal amount ef- net less than $10,000.00, cxceutiona issued iOP delinquent sd vftiorem tflxcs fir ft discount OP discounts not to exceed TTT percent

ef caccutiona seW and transferred shall have the same rights, powers, liens, and- priorities as de the transferees ef tax executions transferred in accordance with tew imdef

fifty executions wnicn include t&xes due tne 9tftte> no pfiFt of trie discount snsii oc dcducted from tne portion* of tne t&xes poyftDic TO me stfltc o.nd trie portion of tne discount ftpplicflDlc to tne t&xes due tne st&te sfiftli be fl DSOP Dod by tne county OF municipality. There shall net fee included in any let er block -of tax executions seW and transferred at a discount any executions which exceed, er tat any number ef eseea-
pcpceirt of tine totfti ppincipQl &mount of tne executions m tne lo* of DIOCK of execuTM tions. (2) Whenever tne official authorized te sell and transfer executions at a discount determines te de se? a schedule ef tne executions te be se tranofcrfcd, together with tne ncinne of tne person OP coppOP&tton TO wnon% o? TO wnicn tne executions ore TO DC

charged fey tew with tae duty ef enforcing the executions te fee transferred. Upon receipt tpom tne puPCno.sep so desi^nflted of tfte flmount of trie principally interestj ond eests then de en tne executions less the discount specified in tne written notice, the

deliver the cxceutiona te tne persen er corporation making the payment. he transfers

1772

JOURNAL OF THE HOUSE,

executions ds tnou^n no d18couftt n&d been ftilowed, "i ne tp&nsfcPS snftxi vest tft the %fte plants cuid powers top entopcin^ tiie executions suet collecting me tun Amount or

name of which the cxccutiona were issued. The transferee and- its successors and-

ity'j of city oy^ top, or ift tne ncti&e of wnicn tne executions were issued, nfld tto cpflnstep Dccn mode? A ne lien f tne executions sriftii not ue ctivested uy flny s&ie undep ftny

eiocttet Or tne superior court of tne county in* wnicn t/ne executions were issued ond,

tors, dtft deiQUtt ot tne recjuiped entry, tne executions sn&u lose tneIF lien upon flny
before the entry and without etiee ef the existence ef the cxccutiona. \tj)--INotningf done of omitted to DC done oy flny OIIICOP of employee OT tne stflte,
snd tPdnstepped were issued snctlx prevent or IR ftny wfly intePIere witn tne conection of the faH amount ef the principal, interest, tatd coats de en; and in accordance with
SODted oy tine executions of desiFin^ TOT flny pesson TO 'P&y sucn tflxcs sncui HE^e entitled to flny cfedit of ocneiit IPOIR &t on flccouflt ^t tne discount fliiowco TO tne trtinsiepee ef the executions. The collection ef the cxccutiona shall net be defeated for any rease except upon p?ooi tnflt tne t&x nfls 'Oeen pflid of tn&t tne property on wnicn tne t&x was assessed is exempt from taxation wider the laws ef this state. (4) Tax cxccutiona seW and tranafcrrcd at a discount in accordance with this subsce-
rtOtnmg tft tnis oode section sno.ii DC ncid &f constrwed TO Qttcct ~ot imp&tf tne lien er priority ef-Hen ef the cxccutiona or te interfere with the collection el the cxccutiona m flny ffi&ftftef otnep tnfln Dy levy of tne executions. 1 sx executions sold finer tpflnsTM ferred in accordance with this aubseetion are net aubjeet te the per notice proviaion

nsncd not TOSS tiifln once d wees top tnpee weeKs duping tne yy dfly period prior TO
{eHb) Ne Except as provided in aubsection (c), no person may pay an execution issued for ad valorem property taxea and thereby become the transferee of such execution as provided in subsection (a) of this Code section if the person is not a lawful heir or an equity holder in such property unless and until:
(1) Such person has notified the individual against whom the execution has was issued by certified registered mail of hia such person's intention to pay such execution and unless and until 60 days have elapsed since the giving of auch notice; or (2) In the event that such notice by certified mail is returned undelivered, such per son shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compli ance with this paragraph. (c)(l) As used in this subsection, the term:
(A) 'Delinquent taxpayer' means the person against whom an execution has been issued. (B) 'Execution' means an execution issued for the collection of any ad valorem taxes, fees, penalties, interest, or collection costs due the state or any political subdiviaion thereof.

WEDNESDAY, MARCH 6, 1996

1773

(C) 'Governing authority' means the county governing authority when the tax exe cutions have been issued for state and county taxes or a combination of state, county, and city taxes; or the municipal governing authority when the tax execu tions have been issued for city taxes alone. (D) 'Lot block of executions' means a group of more than one execution of which the aggregate principal amount is not less than $10,000.00. (E) 'Transferee' means a person paying for a lot block of executions for the purpose of having those executions and all the rights to enforce collection thereof transferred to him or her. (F) 'Transferor' means the official holding the tax executions and authorized to col lect or transfer such tax executions. (2) No transferee may, within a single calendar year, pay and have transferred to them executions for which the aggregate principal amount is more than $10,000.00 without first entering into an agreement with the transferor, which agreement shall be governed by regulations promulgated by the commissioner and approved by a resolu tion or ordinance adopted by the governing authority. Such agreement shall include, but not be limited to, the following provisions: (A) The aggregate principal amount of each group of executions transferred shall be in lot blocks of not less than $10,000.00;
(B) No lot block may include one or more executions against the same delinquent taxpayer that exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot block of executions transferred;
(C) In the event any execution transferred is later determined to have been issued in error, the transferee will cease and desist from all collection efforts, remove the associated entries from any execution dockets on which it has been entered, remove any negative reports that may have been submitted to credit reporting agencies regarding the erroneous execution and return the execution to the transferor. In return, the transferor shall reimburse the transferee the amount paid for the execu tion at the time of transfer without any additional fees, penalties, interest, and col lection costs that may have been incurred by the transferee since the transfer. The transferor shall deduct such reimbursement from subsequent remittances of taxes, fees, penalties, and interest collections to the levying authorities in the same propor tion as the payment received from the transferee for the execution transferred in error was disbursed;
(D) The transferee shall maintain a reasonably accessible office within the jurisdic tion of the governing authority where delinquent taxpayers may come or call to inquire about their execution and make arrangements to pay the same;
(E) The transferee may begin collection proceedings immediately after the transfer; however, the transferee shall, within 60 days after transfer of the executions, send a notice to each delinquent taxpayer that has not yet settled their execution indicat ing the transferee is now holding such execution. Such notice shall include, but not be limited to, the payment amount necessary to settle the execution, the rate of accumulation of additional charges authorized by law on the execution, the payment terms and options available to the delinquent taxpayer, the actions that will be taken by the transferee if the execution is not settled in a timely manner, and a statement explaining the rights of the delinquent taxpayer to stop all collection efforts if the execution has been issued in error;
(F) The transferee shall, immediately after the execution has been settled, indicate such settlement on any execution dockets where the execution has been entered and submit a statement indicating such settlement to any credit reporting agencies to which negative reports were submitted by the transferee regarding the execution.
(3) Before the governing authority may agree to the transfer of executions in lot blocks, it shall notify the delinquent taxpayers of its intention to authorize such trans fers. Such notice shall be sent by registered mail and shall advise the delinquent tax payers against whom the selected executions have been issued that they have 90 days in which to pay the transferor the amount of the execution plus any fees, penalties, interest, and costs that may have accrued or the executions will be transferred to a

1774

JOURNAL OF THE HOUSE,

private company for collection. In the event that such notice sent by registered mail is returned undelivered, the governing authority shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. In either event, the transferor shall not be authorized to transfer the executions until this notice has been made and the 90 day payment period has transpired. The trans feror shall be authorized to transfer the balance of the executions in the lot block that are unpaid at the expiration of the notice period even though as a result of some of the executions being settled during the notice period subparagraphs (c)(2)(A) and (c)(2)(B) are no longer complied with. (4) Upon compliance with bidding requirements provided by law or department regu lation, the governing authority shall be authorized to allow a discount of up_ to 10 per cent of the amount of the execution; provided, however, that when a portion of the execution represents taxes, fees, penalty, and interest due the state, no part of the dis count shall be deducted from such portion and the discount applicable to the state's portion of the execution amount shall be absorbed by the governing authority. Any discount allowed by the governing authority shall not affect the amount due under the execution and the transferee shall have the right to collect the full amount of the exe cution as if no discount had been allowed. (d) h addition te the provisions ef subsection -(e) ef -this Code section, e No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section ift (1) The the property which is the subject of the tax execution has been included among a list of properties identified recommended by the local tax official^ as authoriaeel and approved by the local governing authority, as eligible for exclusion from transfer of executionf (2) A public hearing has been eW en the issue ef excluding such property from eligi-
\of---r oiiowin.f trie puoiic ficflpin^7 tiic governing Q.U1110Hty or MIG comity o^ municipfli~
transfer ef- execution based on a determination that such exclusion is in the best inter est of the public. (e) The person to whom a tax execution is transferred as provided in this Code section or such person's successor or assigns shall not charge the person against whom such exe cution 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. If a dis count from the face amount of the tax execution has been allowed the person to whom a tax execution has been transferred in accordance with subsection (c) of this Code sec tion, the person against whom such execution was issued may be charged the full face amount of the execution plus interest and costs as stated in this subsection. (f) The department may promulgate rules and regulations with respect to the adminis tration of this Code section. Such rules and regulations may include, but not be limited to, notice requirements, transfer procedure, and the applicability of such requirements and procedures to any governing authority's contracts or transferor's agreements regard ing such transfers."
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.

WEDNESDAY, MARCH 6, 1996

1775

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barries Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T 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
Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dison, S Y Dobbs
Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd
YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris 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 N Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord Y Lucas Y Maddo* YMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller YO'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E 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

Y Smith, W Y Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Turnquest 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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1654.

By Representatives Polak of the 67th, Chambless of the 163rd, Smyre of the 136th, Walker of the 141st, Jamieson of the 22nd and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within any real property which has been designated by the governing authority of a municipality and adopted by the General Assembly as a drugfree commercial zone.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any per son to manufacture, distribute, dispense, or possess with intent to distribute a controlled

1776

JOURNAL OF THE HOUSE,

substance or marijuana in, on, or within any real property which has been designated by the governing authority of a municipality and adopted by the General Assembly as a drugfree commercial zone; to provide penalties; to provide for sentencing and to authorize cer tain conditions of probation or parole; to provide that any municipality may designate one or more commercial areas where there is a high rate of drug related crime as drug-free commercial zones; to limit the area of drug-free commercial zones; to provide that any municipality which designates one or more areas as drug-free commercial zones shall be required to make such designations by ordinance, to post prominent and conspicuous signs on the boundaries of and throughout any such drug-free commercial zone, and to file with the Department of Community Affairs maps with descriptions of such drug-free commer cial zones and reports of drug related crimes in such drug-free commercial zone areas; to provide for the revision of drug-free commercial zones; to provide that such drug-free com mercial zones shall remain in effect for only five years; to provide for the redesignation of drug-free commercial zones; to provide for the adoption of drug-free commercial zones by the General Assembly; to require certain municipal officials to perform certain duties; to provide for certain publications in the legal organ; to provide for the admittance of cer tain evidence; 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, known as the "Georgia Controlled Substances Act," is amended by adding between Code Section 16-13-32.5 and 16-13-33 a new Code Section 16-13-32.6 to read as follows:
"16-13-32.6.
(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within any real property which has been designated under this Code section as a drug-free commercial zone.
(b)(l) Any person who violates or conspires to violate subsection (a) of this Code sec tion shall be guilty of a felony and upon conviction shall receive the following punish ment:
(A) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both; or (B) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000.00, or both. (2) A sentence imposed under this Code section shall be served consecutively to any other sentence imposed. (3) Any person convicted of a violation of subsection (a) of this Code section may, as a condition of probation or parole, be required by the sentencing court or State Board of Pardons and Paroles to refrain for a period of not more than 24 months from enter ing or at any time being within the boundaries of the drug-free commercial zone wherein such person was arrested for a violation of this Code section. Any person arrested for violation of his or her terms of probation shall be governed by the provi sions of Code Section 42-8-38 and any person arrested for a violation of his or her terms of parole shall be governed by the provisions of Article 2 of Chapter 9 of Title 42. (c) A conviction arising under this Code section shall not merge with a conviction aris ing under any other provision of this article. (d) Any municipality may designate one or more commercial areas where there is a high rate of drug related crime as drug-free commercial zones. A drug-free commercial zone may include only an area which the municipality has previously zoned commercial pur suant to its planning and zoning powers and any residential area contiguous to such commercially zoned area extending not more than one-half mile from the external boundary of any portion of the commercially zoned area. A municipality which desig nates one or more areas as drug-free commercial zones shall be required to make such designations by ordinance and shall be required to post prominent and conspicuous signs

WEDNESDAY, MARCH 6, 1996

1777

on the boundaries of and throughout any such drug-free commercial zone. A municipal ity shall be required to file with the Department of Community Affairs a copy of each ordinance which shall have attached a clearly defined map describing each drug-free commercial zone and a report evidencing all drug related crimes in such drug-free com mercial zone area during the 12 months preceding the enactment of such ordinance. A municipality shall also be required to file with the Department of Community Affairs during the period that a drug-free commercial zone is in effect annual reports evidencing all drug related crimes in such drug-free commercial zone. Such ordinances, maps, and drug crime reports shall be maintained in a permanent register by such department, and copies of such ordinances, maps, and drug crime reports of drug-free commercial zones shall be made available to the public at a reasonable cost. A drug-free commercial zone shall not be effective and valid for the purposes of this Code section until it has been adopted by the General Assembly by general law. After the General Assembly has adopted one or more drug-free commercial zones, the governing authority of each munic ipality which has such a zone or zones designated and adopted shall be required to have a description of each such zone published in the legal organ of the municipality at least once a week for three weeks. A drug-free commercial zone adopted by the General Assembly shall remain in effect for five years and shall expire five years from the effec tive date of such adoption by the General Assembly. An area which has been a drug-free commercial zone may be continued as or again designated as a drug-free commercial zone upon the enactment of an ordinance and adoption thereof by the General Assembly in accordance with the provisions of this subsection. No arrest for a violation of this Code section shall be permissible for a period of 30 days immediately following the effective date of the adoption of such drug-free commercial zone by the General Assem bly. (e) In a prosecution under this Code section, a true copy of a map produced or repro duced by any municipal agency or department for the purpose of depicting the location and boundaries of any drug-free commercial zone and filed and on record at the Depart ment of Community Affairs shall, if certified as a true copy by the custodian of such records at such department, be admissible and shall constitute prima-facie evidence of the location and boundaries of such zone. A map approved under this Code section may be revised from time to time by the governing body of the municipality; provided, how ever, that a revised map shall not become effective and the revised area shall not be a drug-free commercial zone until the revised map has been filed with the Department of Community Affairs and adopted by the General Assembly by general law; provided, fur ther, that the revision of a drug-free commercial zone shall not extend the expiration date of such a drug-free commercial zone. The original copy of every map approved or revised under this subsection or a true copy of such original map shall be filed with the Department of Community Affairs and shall be maintained as an official record of the department. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. (f) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial zones which have been adopted by municipal ordinance and entered in the register of the Department of Community Affairs as provided for in sub section (d) of this Code section as of January 1, 1996."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Polak of the 67th and Crawford of the 129th move to amend the Commit tee substitute to HB 1654 by adding on line 7 of page 1 between the word "municipality" and the word "and" the words "or county".
By adding on line 11 of page 1 between the word "municipality" and the word "may" the words "or county".

1778

JOURNAL OF THE HOUSE,

By adding on line 14 of page 1 between the word "municipality" and the word "which" the words "or county".
By adding on line 27 of page 1 between the word "municipal" and the word "officials" the words "or county".
By adding on line 39 of page 2 between the word "municipality" and the word "may" the words "or county".
By adding on line 1 of page 3 between the word "municipality" and the word "has" the words "or county".
By adding on line 6 of page 3 between the word "municipality" and the word "which" the words "or county".
By adding on line 11 of page 3 between the word "municipality" and the word "shall" the words "or county".
By adding on line 17 of page 3 between the word "municipality" and the word "shall" the words "or county".
By adding a comma on line 18 of page 3 immediately following the word "Affairs".
By adding a comma on line 19 of page 3 immediately following the word "effect".
By adding on line 31 of page 3 between the word "municipality" and the word "which" the words "or county".
By adding on line 34 of page 3 between the word "municipality" and the word "at" the words "or county".
By adding on line 2 of page 4 between the word "municipal" and the word "agency" the words "or county".
By adding on line 11 of page 4 between the word "municipality" and the semicolon the words "or county".
By adding on line 28 of page 4 between the word "municipal" and the word "ordinance" the words "or county".

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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Y Brown, J Y Brush YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childere Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M NDay Y DeLoach, B N DeLoach, G YDii Y Diion, H Y Diion, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd

YGodbee Y Golden Y Goodwin Y Greene
Grindley Hanner Y Harbin Y Harris
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 N Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis

WEDNESDAY, MARCH 6, 1996

1779

Y Lifsey YLord
Lucas N Maddox
Mann Y Martin YMcBee Y McCall Y McClinton
McKinney
Y Mills Y 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 Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert N Roberts

E Rogers Y Royal N Sanders Y Sauder Y Scoggins YShanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling
YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P
Stephenson
Y Streat E Taylor
Teague Y Teper
Y Thomas Y Tillman
Y Titus Y Towery

Y Trense Turnquest
YTwiggs Y Walker, L
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
N Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Walker of the 87th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1689.

By Representative Williams of the 114th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, so as to provide that multiple message signs shall be permitted on the interstate system, primary highways, and other highways under certain conditions.

The following amendment was read and adopted:

Representatives Connell of the 115th and Williams of the 114th move to amend HB 1689 as follows:
By deleting the first word "or" on line "29" page "1".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe 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, J Y Brush
YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childera Y Coker Y Coleman, B Y Coleman, T

Y Connell 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 YEhrhart 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 Y Heard
Hecks tall 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
Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd

1780
YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
Mann Y Martin Y McBee
McCall McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

JOURNAL OF THE HOUSE,

Y Mueller Y O'Neal Y Orrock YParham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay

Y Reaves Y Reichert
Roberts E 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 Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper
Y Thomas Y Tillman Y Titus

Y Towery Y Trense
Turnquest YTwiggs
Y Walker, L 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

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1467. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Anno tated, relating to requesting of judicial assistance from other courts, so as to provide for the compensation, expenses, and mileage allowance for part-time state court judges providing assistance in superior courts.

The following Committee substitute was read:

A BILL
To amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting of judicial assistance from other courts, so as to provide a factor for considera tion in determining reasonable compensation for part-time state court judges providing assistance in superior courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting of judicial assistance from other courts, is amended by striking subsection (i) in its entirety and inserting in lieu thereof a new subsection (i) to read as follows:
"(i) Senior judges of the superior courts and retired judges or judges emeritus of the state courts shall receive the amount of compensation and payment for expenses as pro vided by Code Section 15-1-9.2. In accordance with subsection (h) of this Code section, part-time judges may receive reasonable compensation and payment for actual expenses and mileage. The governing authority of the county shall consider the base state salary on a per diem basis of a superior court judge in active service as one of the factors in determining reasonable compensation. All other judges rendering assistance in accord ance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

WEDNESDAY, MARCH 6, 1996

1781

Representatives Barnes of the 33rd and Greene of the 158th move to amend the Commit tee substitute to HB 1467 by adding after the word and symbol "courts;" on line 6 of page 1 the following:
"to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for probate courts, and Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to change the amount of and provisions relating to the compensation for a probate court judge serving as chief magistrate or magistrate; to repeal obsolete provisions;".
By redesignating Section 2 as Section 4.
By adding between lines 29 and 30 of page 1 the following:
"SECTION 2. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for probate courts, is amended by adding a new subsection (c) to Code Section 15-9-63, relating to minimum compensation for probate court judges, to read as follows:
'(c) Effective January 1, 1997, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on an annual amount of not less than 50 percent of the minimum salary for chief magistrates in the county of least population in the schedule contained in paragraph (1) of subsec tion (a) of Code Section 15-10-23 as now or hereafter amended. Any compensation paid under this subsection shall be paid from county funds. The county governing authority may supplement this minimum amount, but this amount shall not be decreased during any term of office in which the probate court judge serves as chief magistrate or magis trate.'
SECTION 3. Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, is amended by striking subsection (g) of Code Section 15-10-20, relating to the number, selection, term, and vacancies of magistrates, and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) The General Assembly may at any time provide by local law that the probate judge shall serve as chief magistrate or magistrate and provide for compensation of the pro bate judge in his or her capacity as chief magistrate or magistrate; and in such a case the chief magistrate or magistrate shall not be separately elected but shall be the pro bate judge, fe the absence ef- local law; the judges ef- superior court may, with the con sent ef-the probate judge, provide that the probate judge sfeftH setve s chief magistrate until January 1-, 1086, and provide fer his compensation K such capacity. Notwithstand-
ffi 9U D96C tlOll 10/7 Or t/i!19 tiOQC SCCt/lOU flUQ tft T-flC fl.D9CHCC Or lOCftl IflW) tllC \J OVC Ml OF
may provide that the probate judge shall be rcappointcd as chief magistrate until Janu-
providod such appointment shall be made before May 87 1084, and shall be made with
judge be compensated f-e* his services as chief magistrate in an amount less than $200.00 pfuenfdms *o"ntn. /vny compensation paid under tnis suoscction snail DC paid trom county

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien YAndereon Y Ashe Y Bailey Y Baker

Bannister Y Barfoot
Bargeron N Barnard Y Barnes

Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick

Y Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush

Y Buck Y Buckner N Bunn Y Burkhalter Y Byrd

1782

JOURNAL OF THE HOUSE,

Y Campbell
Y Canty Y Carter Y Chambless Y Channel! Y Childers N Coker
Coleman, B Coleman, T Connell Y Crawford
N Crews N Culbreth
N Cummings Y Davis, G N Davis, M
Day N DeLoach, B N DeLoach, G NDix
Dixon, H Y Dixon, S YDobbs N Ehrhart YEpps N Evans N Falls Y Felton Y Floyd YGodbee Y Golden

N Goodwin Y Greene N Grindley Y Hanner N Harbin N Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Howard Y Hudson Y Hugley Ylrvin
Y James Y Jamieson Y Jenkins
Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye
Kinnamon N Klein
Ladd NLakly YLane

Y Lawrence YLee N Lewis N Lifsey YLord
Y Lucas N Maddox
NMann Y Martin
Y McBee McCall 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 Y Ponder Y Porter Y Poston Y Powell

Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal N Sanders N Sauder
Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C N Smith, C.W
Y Smith, L Y Smith, P
Smith, T N Smith, V N Smith, W Y Smyre N Smiling YSnow Y Stallings

Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor YTeague
Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmoreland N Whitaker
White N Wiles Y Williams, B Y Williams, J
Williams, R
N Woods NYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 109, nays 49. The amendment was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes
Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Y Floyd
YGodbee Y Golden Y Goodwin Y Greene

Y Grindley Y Hanner Y Harbin
Y Harris Y Heard
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
Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd
YLakly YLane

Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Y Maddox YMann Y Martin Y McBee
McCall McClinton McKinney Y Mills Y Mobley, B Y Mobley, 3 Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak Y Ponder Y Porter

Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts E! 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

WEDNESDAY, MARCH 6, 1996

1783

Y Smyre YSnelling YSnow Y Stallings Y Stancil, F YStancil, S Y Stanley, L

Y Stanley, P Y Stephenson YStreat E Taylor Y Teague Y Teper Y Thomas

Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L

Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White

Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1761.

By Representatives Heard of the 89th, McBee of the 88th and Scoggins of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide that certain provisions relating to storage of records at a location other than a courthouse in counties having a population of 550,000 or more are made applicable state wide.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend HB 1761 on Page 2, Line 20 by deleting the word "senior" and inserting in lieu thereof the word "chief.

Representative Jones of the 71st moves to amend HB 1761 by inserting on line 6 on page 1, following the word and symbol "wide;", the following:
"to change certain provisions relating to the storage of records;".
By striking lines 6 and 7 on page 2 and inserting in lieu thereof the following;
"place i the county net nare than five miles from the courthouse. The clerk shall give public notice of the".
By striking lines 22 and 23 on page 2 and inserting in lieu thereof the following:
"some other place m the county et mefe than 26 miles frem the courthouse. The clerk shall give public notice of the".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon YAshe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes Y Bates YBenefield YBirdsong Y Bordeaux Y Bostick YBreedlove

Y Brooks, D Y Brooks, T Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker

Y Coleman, B Coleman, T
Y Connell 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 N Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris 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

1784

JOURNAL OF THE HOUSE,

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 YMcBee
McCall
Y McClinton Y McKinney

Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

YRandall Y Randolph YRay
Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor Y Teague Y Teper 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
Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1760. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to compensation for property destroyed.

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 Alien Y Anderson 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, 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

Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDii
Dixon, H Y Dixon, S YDobbs YEhrhart
Epps Y Evans
Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris 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
Kaye Y Kinnamon Y Klein
YLadd YLakly
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 Ponder
Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan

Shaw Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus
Y Towery Y Trense
Turnquest Y Twiggs

WEDNESDAY, MARCH 6, 1996

1785

Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts
Westmorland

Y Whitaker Y White Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1585.

By Representatives Jamieson of the 22nd, Royal of the 164th and Buck of the 135th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce and eliminate certain penalties; to provide for interest on property not remitted in a timely manner.

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell 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 YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris
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 Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry
Pinholster
Y Polak Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts E Rogers Y Royal 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
Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Y Teague Y Teper Y Thomas Y TiUman Y Titus Y Towery Y Trense
Tumquest
Y Twiggs Y Walker, L Y Walker, R.L YWall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was

HR 817. By Representative Whitaker of the 7th:
A resolution recognizing Morrison Moore and designating the Morrison Moore Connector.

1786

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron
Barnard YBarnes
Y Benefield Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner
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 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 Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden YGoodwin Y Greene
Grindley Y Manner Y Harbin Y Harris Y Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland Y Hoboes Y Howard Y Hudson Y Hugley

Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley
Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster
Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor YTeague Y Teper Y Thomas
Tillman
Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles
Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 825. By Representative Whitaker of the 7th:
A resolution recognizing Dr. John H. Owen and designating the Dr. John H. Owen Intersection.

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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron
Barnard Y Barnes
Bates Y Benefield

Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Y Brush YBuck Y Buckner
Bunn Y Burkhalter

YByrd Y Campbell Y Canty Y Carter Y Chambless Y Chanrell Y Childers
Y Coker Y Coleman, B
Coleman, T Y Connell 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 Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene
Grindley Y Banner

WEDNESDAY, MARCH 6, 1996

1787

Y Harbin Y Harris
Y Heard 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 Y Jones Y Joyce YKaye Y Kinnamon Y Klein

YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney
Y Mills Y Mobley, B
Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
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
Stephenson Y Streat E Taylor

Y Teague Y Teper Y Thomas
Tillman
Y Titus
Y Towery
Y Trense Turnquest
Y Twiggs Y Walker, L Y Walker, R.L
YWall Y Watson Y Watts Y Westmoreland Y Whitaker
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 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1834. By Representatives Murphy of the 18th and Poston of the 3rd:
A bill to provide a short title; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abortion and sterilization 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 Alien Y Anderson
Y Ashe Y Bailey Y 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 Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childere

Coker Y Coleman, B Y Coleman, T
Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris

Y 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

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
YParham Y Parrish Y Parsons Y Pelote
Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves

Y Reichert Roberts
E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat

1788

JOURNAL OF THE HOUSE,

E Taylor YTeague YTeper Y Thomas YTillman

Y Titus Y Towery Y Trense Y Turnquest YTwiggs

Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts

Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B

Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Coker of the 31st, Roberts of the 162nd and Perry of the llth stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1610.

By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Anno tated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for rea sonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility.

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 Alien Y Anderson Y Ashe Y Bailey Y 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
Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chamblesa Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, O YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin Y Greene Y Grindley
Manner Y Harbin
Harris
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
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 Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Y Randall Y Randolph
Ray Y Reaves
Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense 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 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.

WEDNESDAY, MARCH 6, 1996

1789

Representative Kaye of the 37th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

HB 1754. By Representative Murphy of the 18th:
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 change provi sions relating to regional education service agencies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, J N 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 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 YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Hanner Y Harbin
Harris 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee YMcCall 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
Y Perry Y Pinholster
YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall
Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling
YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
Whitaker White Y Wiles Y Williams, B N Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HR 1045.

By Representatives Cummings of the 27th, Dixon of the 150th, Murphy of the 18th, Connell of the 115th, Bordeaux of the 151st and others:
A resolution creating the James Edward Oglethorpe Tercentenary Commis sion.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 1045 by changing the word "March" on line 13, page 3, to the word "July".

1790

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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
Coleman, B Y Coleman, T
Connell 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 Falls
Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Y Manner Y Harbin Y Harris 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
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 Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster
Y Polak Y Ponder Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Reaves
Y Reichert Y Roberts E Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas YTiUman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1425.

By Representatives Chambless of the 163rd and Bostick of the 165th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relative to secondary actions by shareholders as to the contents of the complaint; to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business cor porations, so as to revise definitions; to change provisions relating to elimina tion of limitation of a director's liability to the corporation or its shareholders.

The following Committee substitute was read and adopted:

A BILL
To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relative to secondary actions by shareholders as to the contents of the complaint; to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to revise definitions; to change provisions

WEDNESDAY, MARCH 6, 1996

1791

relating to elimination of limitation of a director's liability to the corporation or its share holders; to provide for notice of officers' resignations to the Secretary of State; to change provisions relating to indemnification; to change provisions relating to mandatory and dis cretionary indemnification of a director, officer, employee, or agent; to provide for advanc ing funds before the final disposition of a proceeding in certain circumstances; to change provisions relating to court orders for indemnification or advance for expenses; to change provisions for determining that indemnification is permissible; to change provisions for authorizing indemnification; to change provisions relating to insurance on behalf of direc tors, officers, employees, or agents; to change provisions relating to obligation for indemni fication or advance for expenses in advance of the act or omission; to change provisions relating to amendment of the articles of incorporation by the directors; to change provi sions relating to shareholders' action on a plan for merger or share exchange; to change provisions relating to mergers of share exchanges of corporations with joint-stock or other unincorporated associations or trusts; to provide that remedies of dissolved corporations shall be preserved in certain situations; to provide a statute of limitation regarding actions on behalf of dissolved corporations; 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 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety subsection (b) of Code Section 9-11-23, relating to class actions, and inserting in lieu thereof the following:
"(b) Secondary action by shareholders. In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorpo rated, because the association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he or she complains or that his or her share thereafter devolved on him or her by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees and; if necessary, (rest the shareholders such actions as he the plaintiff desires and the reasons for his or her failure to obtain such action er the rea sons for et making such effort or the reasons why irreparable injury to the association, incorporated or unincorporated, would result by waiting for 90 days from the date of the demand upon the managing directors or trustees. This Code section is cumulative of Code Section 14-2-831."
SECTION 2. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business cor porations, is amended by striking in its entirety paragraph (6) of Code Section 14-2-140, relating to definitions, and inserting in lieu thereof the following:
"(6) 'Distribution' means a direct or indirect transfer of money or other property (except its own shares or rights to acquire its own shares) or incurrence of indebted ness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise."
SECTION 3. Said chapter is further amended by striking in its entirety paragraph (4) of subsection (b) of Code Section 14-2-202, relating to articles of incorporation, and inserting in lieu thereof the following:
"(4) A provision eliminating or limiting the personal liability of a director to the cor poration or its shareholders for monetary damages for breach ef duty of eate e* ether duty any action taken, or any failure to take any action, as a director, provided that ne provision shall eliminate or limit the except liability of a director:
(A) For any appropriation, in violation of his or her duties, of any business opportu nity of the corporation;

1792

JOURNAL OF THE HOUSE,

(B) For acts or omissions which involve intentional misconduct or a knowing viola tion of law; (C) For the types of liability set forth in Code Section 14-2-832; or (D) For any transaction from which the director received an improper personal ben efit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; and".
SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-2-843, relating to resignation and removal of officers, and inserting in lieu thereof the following:
"(a) An officer may resign at any time by delivering notice to the corporation. A resig nation is effective when the notice is delivered unless the notice specifies a later effec tive date. A copy of the notice of resignation as delivered to the corporation may be filed with the Secretary of State."
SECTION 5. Said chapter is further amended in Article 8, relating to directors and officers, by striking in its entirety Part 5, relating to indemnification, and inserting in lieu thereof the follow ing:
"Part 5
14-2-850. As used in this part, the term:
(1) 'Corporation' includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon con summation of the transaction. (2) 'Director' or 'officer' means an individual who is or was a director or officer, respectively, of a corporation or eo> individual who, while a director or officer of a the corporation, is or was serving at the corporation's request as a director, officer, part ner, trustee, employee, or agent of another foreign er domestic or foreign corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise entity. A director or officer is considered to be serving an employee benefit plan at the corpora tion's request if his or her duties to the corporation also impose duties on, or other wise involve services by, him the director or officer to the plan or to participants in or beneficiaries of the plan. Director or officer includes, unless the context requires otherwise requires, the estate or personal representative of a director or officer. (3) 'Disinterested director' means a director who at the time of a vote referred to in subsection (c) of Code Section 14-2-853 or a vote or selection referred to in subsection (b) or (c) of Code Section 14-2-855 or subsection (a) of Code Section 14-2-856 is not:
(A) A party to the proceeding; or (B) An individual who is a party to a proceeding having a familial, financial, profes sional, or employment relationship with the director whose indemnification or advance for expenses is the subject of the decision being made with respect to the proceeding, which relationship would, in the circumstances, reasonably be expected to exert an influence on the director's judgment when voting on the decision being made.
'Expenses' include attorneys' includes counsel fees. 'Liability' means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reason able expenses incurred with respect to a proceeding. (6) 'Official capacity' means: (A) When used with respect to a director, the office of director in a corporation; and (B) When used with respect to an officer, as contemplated in Code Section 14-2-857, the office in a corporation held by the officer.

WEDNESDAY, MARCH 6, 1996

1793

Official capacity does not include service for any other domestic or foreign corporation or any partnership, joint venture, trust, employee benefit plan, or other entity. 46)7] 'Party' includes means an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. {6^81 'Proceeding' means any threatened, pending, or completed action, suit, or pro ceeding, whether civil, criminal, administrative, arbitrative, or investigative and whether formal or informal.
14-2-851. (a) Except as otherwise provided in subsections {d} and {} of this Code section, a cor poration may indemnify or obligate itself te indemnify an individual made who is a party to a proceeding because he or she is or was a director against liability incurred in the proceeding if: he
(1) Such individual conducted himself or herself in good faith; and (2) Such individual acted in a manner he reasonably believed: k* good faith te fee in of not opposed to tftc Dcst* intcPCSvs of trie COPpoPfl11on &nctr Ht me cctsc of dny CPIIDIHAJ. proceeding, fee ad ne reasonable cause te believe his conduct was unlawful.
(A) In the case of conduct in his or her official capacity, that such conduct was in the best interests of the corporation; (B) In all other cases, that such conduct was at least not opposed to the best inter ests of the corporation; and (C) In the case of any criminal proceeding, that the individual had no reasonable cause to believe such conduct was unlawful. (b) A director's conduct with respect to an employee benefit plan for a purpose he or she believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of aubacction {a} subparagraph (a)(l)(B) of this Code section. (c) The termination of a proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct set forth described in subsection {a} of this Code section. (d) A corporation may not indemnify a director under this Code section: (1) In connection with a proceeding by or in the right of the corporation in wfeiefe the director was adjudged liable te the corporation^ except for reasonable expenses incurred in connection with the proceeding if it is determined that the director has met the relevant standard of conduct under this Code section; or (2) In connection with any other proceeding in with respect to conduct for which fee the director was adjudged liable on the basis that personal he or she received a finan cial benefit to which he or she was improperly received by fern not entitled, whether or not involving action in his or her official capacity.
by er in the right of tfee corporation is limited te reasonable expenses incurred in enncction witfe the proceeding.
14-2-852. Unless limited fey its articles of incorporation, te the extent that ft director has- been stre-
party, er- in defense of any claim, issue, er matter therein, because he is er was a dirccter of tfee corporation, the A corporation shall indemnify the a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which he or she was a party because he or she was a director of the corporation against reasonable expenses incurred by hk the director in connection therewith with the proceeding.
14-2-853. (a) A corporation may^ before final disposition of a proceeding, advance funds to pay for or reimburse the reasonable expenses incurred by a director who is a party to a pro ceeding in advance of final disposition ef tne proceeding because he or she is a director if he or she delivers to the corporation:

1794

JOURNAL OF THE HOUSE,

(1) A ;Fhe director furnishes the corporation a written affirmation of his or her good faith belief that he or she has met the relevant standard of conduct set forth described in aubacction {a} of Code Section 14-2-851 or that the proceeding; involves conduct for which liability has been eliminated under a provision of the articles of incorporation as authorized b^ paragraph (4) of subsection (b) of Code Section 14-2-202; and (2) His or her 33te director furnishes the corporation a- written undertaking? cKccutcd personally er er his behalf, to repay any advances funds advanced if it is ultimately determined that he the director is not entitled to indemnification under this part. (b) The undertaking required by paragraph (2) of subsection (a) of this Code section must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to the financial ability of the director to make repay ment. (c) Authorizations under this Code section shall be made: (1) By the board of directors:
(A) When there are two or more disinterested directors, by a majority vote of all the disinterested directors {a majority of whom shall for such purpose constitute a quorum) or by_ a majority of the members of a committee of two or more disinter ested directors appointed by such a vote; or (B) When there are fewer than two disinterested directors, by the vote necessary for action by the board in accordance with subsection (c) of Code Section 14-2-824, in which authorization directors who do not qualify as disinterested directors may par ticipate; or (2) By the shareholders, but shares owned or voted under the control of a director who at the time does not qualify as a disinterested director with respect to the pro ceeding may not be voted on the authorization.
14-2-854. (a) A Unless a corporation's articles ef incorporation provide otherwise, a director of- the corporation who is a party to a proceeding because he or she is a director may apply for indemnification or advances advance for expenses to the court conducting the pro ceeding or to another court of competent jurisdiction. O After receipt of an application; the eert and after giving any notice the eeart it considers necessaryj may order indem nification e* advances for expenses if it determines the court shall:
(1) Order indemnification or advance for expenses if it determines that the director is entitled to indemnification under this part; or 3^6 director is entitled te mandatory indemnification wider Code Section 14'2 862, in which ease the court shall afee order the corporation te pay the dircctor'3 reasonable expenses incurred te obtain court ordered indemnification; (2) The director is fairly and reasonably entitled te indemnification view ef- att the
subsection {a} ef Code Section 14-2-861 er was adjudged liable as described in sttbseetie {d) ef Code Section 14'2-861, fet if he was adjudged se liable his indemnification
i9 limitCr tO fCftSOHflD16 &XJ96H9C9 IMCUPPCQ UH1C99 tflC flftlClCS Or IWCOPpOFft tlOFl OF ft
DyiflWj COR t-PflCt, OP PCSOlU ClOH ftppPOVC Q. OP Pfl tlllCCl Dy tfl& 9.*lflr6rlOlClCP9 pUP9UftHt tO
Code Section 14-2 866 provides otherwise; er
\O/\) 4ft TftC CflSC Ot flQVflUCC9 IOP CXpCHSCS, un QlPCCtOP ifit CntltlCQ, pll1*9UflU I/ tO1 tttC
articles ef- incorporation, bylaws, er any applicable resolution er agreement, te pay ment er reimbursement ef his reasonable expenses incurred as party te a proceeding m advance ef final disposition ef the proceeding. Order indemnification or advance for expenses if it determines, in view of all the relevant circumstances, that it is fair and reasonable to indemnify the director or to advance expenses to the director, even if the director has not met the relevant standard of conduct set forth in subsections (a) and (b) of Code Section 14-2-851, failed to comply with Code Section 14-2-853, or was adjudged liable in a proceeding referred to in paragraph (1) or (2) of subsection (d) of Code Section 14-2-851, but if the director was adjudged so liable, the indemnifica tion shall be limited to reasonable expenses incurred in connection with the proceed ing.

WEDNESDAY, MARCH 6, 1996

1795

(b) If the court determines that the director is entitled to indemnification or advance for expenses under this part, it may also order the corporation to pay the director's rea sonable expenses to obtain court-ordered indemnification or advance for expenses.
14-2-855. (a) A corporation may not indemnify a director under Code Section 14-2-851 unless authorized thereunder and a determination has been made the for a specific ease pro ceeding that indemnification of the director is permissible in the circumstances because he or she has met the relevant standard of conduct set forth in subsection {a} ef Code Section 14-2-851. (b) The determination shall be made:
at the time parties te the proceeding; (1) If there are two or more disinterested directors, by the board of directors by a majority vote of all the disinterested directors ^a majority of whom shall for such pur pose constitute a quorum) or by a majority of the members of a committee of two or more disinterested directors appointed by such a vote; (2) If a quorum cannot be obtained def paragraph (i) ef this subsection, by major-
tiea directors who are parties *ay participate), consisting solely ef twe or mere directors net at the time parties te the proceeding; {3M2) By special legal counsel:
(A) Selected by the beawl ef directors er its committee in the manner prescribed in paragraph (1) er {2} of this subsection; or (B) If there are fewer than two disinterested directors, a quorum ef the bea*d ef directors cannot be obtained nder paragraph (!) ef this subsection a4 a committee cannot be designated ander paragraph {2} ef- this subsection, selected by majority vete ef the feH board of directors (in which selection directors who are parties do not qualify as disinterested directors may participate); or {4}|3j By the shareholders, but shares owned by or voted under the control of directers a director who are at the time parties te the proceeding does not qualify as a dis interested director may not be voted on the determination. (c) Authorization of indemnification or an obligation to indemnify and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if there are fewer than two disinterested directors or if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under paragraph {3} ef subsection {b} subparagraph (b)(2)(B) of this Code sec tion to select special legal counsel.
14-2-856. (a) If authorized by the articles of incorporation or a bylaw, contract, or resolution approved or ratified by the shareholders by a majority of the votes entitled to be cast, a corporation may indemnify or obligate itself to indemnify a director made a party to a proceeding including a proceeding brought by or in the right of the corporation, with out regard to the limitations in other Code sections of this partj but shares owned or voted under the control of a director who at the time does not qualify as a disinterested director with respect to any existing or threatened proceeding that would be covered by the authorization may not be voted on the authorization. (b) The corporation shall not indemnify a director under this Code section for any lia bility incurred in a proceeding in which the director is adjudged liable to the corporation or is subjected to injunctive relief in favor of the corporation:
(1) For any appropriation, in violation of his the director's duties, of any business opportunity of the corporation; (2) For acts or omissions which involve intentional misconduct or a knowing violation of law; (3) For the types of liability set forth in Code Section 14-2-832; or

1796

JOURNAL OF THE HOUSE,

\Q) if or tiny tf&ns notion rrom wfticn ne received &ft impropop persons.! wcnetit trie amount of a financial benefit received by a director to which he or she is not entitled. (c) Where approved or authorized in the manner described in subsection (a) of this Code section, a corporation may advance or reimburse expenses incurred in advance of final disposition of the proceeding only if: (1) The director furnishes the corporation a written affirmation of his or her good faith belief that his or her conduct does not constitute behavior of the kind described in subsection (b) of this Code section; and (2) The director furnishes the corporation a written undertaking, executed personally or on his or her behalf, to repay any advances if it is ultimately determined that fee the director is not entitled to indemnification under this Code section.
14-2-857. Unless a corporation's articles ef incorporation provide otherwise:
(1) An officer ef tfee corporation wfee is et a director is entitled te mandatory indcmniiicQtton undep Oode bcction i4*'TMoo* ftfiu is entitled t^ ftpply tor cotwt ordered

\c>j--A coppor&tion mfly fliso indemnity find fldvftnce expenses to &n OIIICCP, employee,
i&e ppovidcd i&y its dpticics or incorporation) Dyisws, ^enep&i OP specific fiction of its
(a) A corporation may indemnify and advance expenses under this part to an officer of the corporation who is a party to a proceeding because he or she is an officer of the corporation:
(1) To the same extent as a director: and (2) If he or she is not a director, to such further extent as may be provided by the articles of incorporation, the bylaws, a resolution of the board of directors, or contract except for liability arising out of conduct that constitutes:
(A) Appropriation, in violation of his or her duties, of any business opportunity of the corporation; (B) Acts or omissions which involve intentional misconduct or a knowing violation of law; (C) The types of liability set forth in Code Section 14-2-832; or (D) The amount of a financial benefit received by a director to which he or she is not entitled. (b) The provisions of paragraph (2) of subsection (a) of this Code section shall apply to an officer who is also a director if the sole basis on which he or she is made a party to the proceeding is an act or omission solely as an officer. (c) An officer of a corporation who is not a director is entitled to mandatory indemnifi cation under Code Section 14-2-852, and may apply to a court under Code Section 14-2-854 for indemnification or advances for expenses, in each case to the same extent to which a director may be entitled to indemnification or advances for expenses under those provisions. (d) A corporation may also indemnify and advance expenses to an employee or agent who is not a director to the extent, consistent with public policy, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of direc tors, or contract.
14-2-858. A corporation may purchase and maintain insurance on behalf of an individual who is or was a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the corporation, is or was serving serves at the request eftfee corporation corporation's request as a director, officer, partner, trustee, employee, or agent of another foreign or domestic or foreign corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise entity against liability asserted against or incurred by him or her in that capacity or arising from his or her status as a director,

WEDNESDAY, MARCH 6, 1996

1797

officer, employee, or agent, whether or not the corporation would have power to indem nify or advance expenses to him or her against the same liability under Code Section 14-2-861 or ode Section 14-2 862 this part.
14-2-859. (a) A proviaion treating a corporation's indemnification of or advance for expenses to
shareholders or board of- directors, or in a contract or otherwise, is valid only if and -to
indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with the articles. A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such obligatory provision shall be deemed to satisfy the requirements for authorization referred to in subsection (c) of Code Section 14-2-853 or subsection (c) of Code Section 14-2-855. Any such provi sion that obligates the corporation to provide indemnification to the fullest extent per mitted by law shall be deemed to obligate the corporation to advance funds to pay for or reimburse expenses in accordance with Code Section 14-2-853 to the fullest extent permitted by law, unless the provision specifically provides otherwise. (b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the cor poration, pertaining to conduct with respect to the predecessor, unless otherwise specifi cally provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors or shareholders, part ners, or, in the case of limited liability companies, members or managers of a predeces sor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by paragraph (3) of subsection (a) of Code Section 14-2-1106. (c) A corporation may, by a provision in its articles of incorporation, limit any of the rights to indemnification or advance for expenses created by or pursuant to this part. {bXd) This part does not limit a corporation's power to pay or reimburse expenses incurred by a director or an officer in connection with his or her appearance as a witness in a proceeding at a time when he or she has is not been made a named defendant or respondent to the proceeding a party. (e) Except as expressly provided in Code Section 14-2-857, this part does not limit a corporation's power to indemnify, advance expenses to, or provide or maintain insurance on behalf of an employee or agent."
SECTION 6. Said chapter is further amended in Code Section 14-2-1002, relating to amendment of arti cles of incorporation by directors, by inserting two new paragraphs to be designated para graphs (4) and (5) and by renumbering paragraphs (4) through (7) so that paragraphs (4) through (9) read as follows:
"(4) To delete the name and address of each incorporator; (5) To delete the mailing address of the initial principal office of the corporation if an annual registration is on file with the Secretary of State; HX6) To change each issued or each issued and unissued authorized share of an out standing class into a greater number of whole shares if the corporation has only shares of that class outstanding; {6X7) To change or eliminate the par value of each issued and unissued share of an outstanding class if the corporation has only shares of that class outstanding; {6X8} To change the corporate name; or 4?)(9) To make any other change expressly permitted by this chapter to be made without shareholder action."

1798

JOURNAL OF THE HOUSE,

SECTION 7. Said chapter is further amended in Code Section 14-2-1103, relating to action on a plan for merger or share exchange, by striking in its entirety subsection (h) and inserting in lieu thereof the following:
"(h) Action by the shareholders of the surviving corporation on a plan of merger is not required if:
(1) The articles of incorporation of the surviving corporation will not differ (except for amendments enumerated in Code Section 14-2-1002) from its articles before the merger; (2) Each shareholder share of stock of the surviving corporation whose aharea were outstanding immediately before the effective date of the merger w4H heW th same number ef aharea, with is to be an identical designations, preferences, limitations, and relative rights, outstanding or reacquired share immediately after the merger; and (3) The number and kind of shares outstanding immediately after the merger, plus the number and kind of shares issuable as a result of the merger and by the conver sion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the surviving corporation authorized by its articles of incorporation immediately before the merger."
SECTION 8. Said chapter is further amended by striking in its entirety Code Section 14-2-1109, relating to mergers or share exchanges of corporations with joint-stock or other unincorporated associations or trusts, and inserting in lieu thereof the following:
"14-2-1109.
(a) As used in this Code section, the term: (1) 'Entity' includes any domestic or foreign nonprofit corporation, domestic or for eign limited liability company, domestic or foreign joint stock association, or domestic or foreign limited partnership. (2) 'Governing agreements' includes the articles of incorporation and bylaws of a cor poration or nonprofit corporation, articles of association or trust agreement or inden ture and bylaws of a joint stock association, articles of organization and operating agreement of a limited liability company, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws of other states or jurisdictions. {i}(3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evi dences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partner ship, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdic tion. (4) 'Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited liability com pany with a corporation. {3M5JI 'Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (6) 'Nonprofit corporation' includes corporations which may make no distributions to their members, directors or officers, except as reasonable compensation for services rendered, and except as otherwise provided by law, formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws

WEDNESDAY, MARCH 6, 1996

1799

of such other state or jurisdiction forbid the merger of a nonprofit corporation with a corporation formed under a general corporation law. 43H7) 'Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a limited liability company, joint-stock associa tion or a limited partnership^ but does not include debt obligations of any entity.
{4X8) 'Shareholder' includes every member of a limited liability company joint-stock association that is a party to a merger or holder of a share of stock or other evidence of financial or beneficial interest therein. (b) Any one or more domestic corporations may merge with one or more joint-stock aooociations er limited partnerships entities, except joint-stock association er limited partnership an entity formed under the laws of a state or jurisdiction which forbids a merger with a corporation. The corporation or corporations and one or more joint-stock associations er limited partnerships entities may merge into a single corporation or other entity, which may be any one of the constituent corporations or entities. (c) The board of directors of each merging corporation and the feeal ef- trustees er otftcr jov6Pnin oody or cflcn nicr^jin^ joint "StocK &s9ocifttion or tnc pftPtncrs ot 68.cn merging limited partnership appropriate body of each entity, in accordance with their limited partnership agreement its governing agreements and the laws of the state or jurisdiction under which it was formed, shall adopt a plan of merger and shati submit
the plan ef- merger te the shareholders of each merging corporation and ef each merging jomt~9tocK flssocifl tion, o? TO tnc pQPtners of 68.cn mcp^in^ limited poxtncrsnipt tt
required in accordance with their limited partnership agreement each corporation's and entity's governing agreements and the laws of the state or jurisdiction under which it
was formed, as the case may be. (d) The plan of merger:
(1) Must set forth: (A) The name of each corporation and joint-stock association or limited partnership entity planning to merge and the name of the surviving corporation or entity into
which each other corporation and joint-stock association er limited partnership
entity plans to merge; (B) The terms and conditions of the merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests or units in each of the joint-
stock asaociationa or limited partnerships entities into shares, obligations, or other securities of the surviving or any other corporation or entity or into cash or other
property in whole or in part; (2) May set forth:
(A) Amendments to the articles of incorporation or governing agreements of the
surviving corporation or entity; and (B) Other provisions relating to the merger. (e) For a plan of merger to be approved, the board of directors of each merging corpora tion must recommend the plan of merger to the shareholders; in the same manner and to the same extent as provided in Code Section 14-2-1103. In the case of a joint-stock
association any other entity, the plan of merger shall be submitted te its shareholders m the manner provided in its articles of association or ether instrument containing the provisions by which it is organized or regulated approved in the manner required by its
governing agreements and in compliance with any applicable laws of the state or juris diction under which it was formed, fe the ease of a limited partnership, the plan ef
3n8.li 06 su omitted to tnc pflptners tft tnc rnsnncp provided ift tnc limited psrtTM or iflws of tnc 9t&tc OF jurisdiction under wnicn tt WBS ropmcd. in
addition, each of the corporations shall comply with all other Code sections of this chap ter which relate to the merger of domestic corporations. Each joint-stock association other entity shall comply with all other provisions of its articles ef- association or ether
authorizing instrument governing agreements and all provisions of the laws, if any, of the state or jurisdiction in which it was formed; which relate to the mergerr Each limited partnership shall comply with aH other provisions of its limited partnership agreement and aH provisions ef- the laws of the state er jurisdiction in whieh it was formed, which-
to tnc

1800

JOURNAL OF THE HOUSE,

(f) Each merging corporation eatd eaeh merging joint-stock association er limited part nership shall comply with the requirements of Code Section 14-2-1105; and ede See-
joint stock association er limited partnership were tt corporation. As used i those Code
SCCtlOIlS * tne tePfifti
\L)--(joppopflt1on 9nflil DC deemed TO include e&cn mcp^ing joint~9tocK Q89ocifl11on or eaeh merging limited partnership.
\o)--iJ1PCCtOP9 9nAil iDe dCCIDCd TO inClUdC tnC dlPCCtOP9j tFU9tG69, pUTT/nCTS, ^f OtneF
persons having comparable responsibility for the management ef- the business and affairs ef- each merging joint-stock association er limited partnership. \OT--oftftrenoidcp 9risii DC decmew TO inetude tne sn&penoidePS of escn merging jointTM 9tocK fl99ocifttion of tne po.rtnePS entitled to vote upon tne merger in cucn niepgin^ limited partnership. (4) 'Shares' shall be deemed te include shares, memberships, er financial er beneficial interests k eaeh merging joint stock association r limited partnership. (g) Each shareholder ef a merging joint stock association formed sdr the laws of this 9tflte And cflcn limited ptifttter ot ~ft mer^m^ limited PAPtneP9nip topmeet under tnG of tni9 stflte 9niii n&ve trie 9flme Pint TO di99ent iFom* ft piftn ot mep^ep d& ne would if he were a shareholder ef a domestic corporation, and the provisions ef Article 13 efthis chapter shall be applicable te the merger as tf the domestic joint-stock association e* limited partnership were a domestic corporation. (h) Whenever joint-stock association is required te execute articles er any ether documenr m tne mftnnep peQuiped by Oode oectioR A4TMfi~i AUo, tne 9flme 9no.li oe executed oy it9 mfinfl^in tPU9tee of otnep cniet executive otiicep find oy tne secpetory OP ossistflnt secretary, er if- there is none, by another officer er trustee other than 4he person cxccuting such articles e* document. (i) Whenever a limited partnership is required te execute articles er any other document
least ee general partner ef eaeh merging limited partnership."
SECTION 9. Said chapter is further amended by adding a new Code section to be designated Code Sec tion 14-2-1410 to read as follows:
"14-2-1410. The dissolution of a corporation in any manner, except by a decree of the superior court when the court has supervised the liquidation of the assets and business of the corpora tion as provided in Code Sections 14-2-1430 through 14-2-1433, shall not take away or impair any remedy available to such corporation, its directors, officers, or shareholders for any right or claim existing prior to such dissolution if action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by the corporation may be prosecuted by the corporation in its corporate name. The shareholders, directors, and officers shall have power to take such corporate or other action as shall be appropriate to protect such remedy, right, or claim."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Andereon YAshe Y Bailey

Y 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 Y Brooks, T Y Brown, J Y Brush

WEDNESDAY, MARCH 6, 1996

1801

YBuck Y Buckner
Bunn Y Buikhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YOU Y Dixon, H Y Dixon, S YDobbs YEhrhart
YEpps Y Evans Y Falls

Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley
Manner
Y Harbin Harris
Y Heard Heckstall
Y Hegstrom
Y Hembree Y Henson Y Holland
Y Holmes
Howard
Y Hudson
Y Hugley
Ylrvin
Y James
Y Jamieson 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 YMcCaU
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak
Y Ponder Y Porter

Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W YSmyre Y Snelling YSnow

Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor YTeague 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
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 substi tute.

HB 1644. By Representative Martin of the 47th:
A bill to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in crimi nal proceedings may be taken, so as to provide for the preservation of evi dence of nonresident aliens.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of nonresident aliens; to provide for repeal of such provision; to provide for effective dates; to repeal conflicting laws; and for other pur poses.
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 for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The court shall not order the taking of the witness's testimony, 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 imminent danger of death;

1802

JOURNAL OF THE HOUSE,

(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; er (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention?] or (6) Is a nonresident alien."
SECTION 2. Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depo sitions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The court shall not order the taking of the witness's testimony, 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 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^ er (6) Is a nonresident alien."
SECTION 3. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective July 1, 1997.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates Y Benefield YBirdsong Y Bordeaux YBostick YBreedlove Y Brooks, D Y Brooks, T 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 Crawford Y Crews Y Culbreth

Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion, 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
Heard Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins

Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye
Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann

Y Martin Y McBee YMcCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J YMosley Y Mueller Y O'Neal YOrrock Y Parham Y Parrish Y Parsons YPelote Y Perry

WEDNESDAY, MARCH 6, 1996

Y Pinholster Y Polak Y Ponder Y Porter
Y Postal YPowell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts E Rogers Y Royal Y Sanders

Y Sauder Scoggins
Y Shanahan Shaw
Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Y Smyre

Y Snelling Y Snow
Stallings Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley,? Stephenson Y Streat E Taylor Y Teague Y Teper Thomas Y Tillman Titus Y Towery Y Trense

1803
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 460. By Representative Lucas of the 124th:
A bill to amend various statutory references to "personal care homes" so as to delete that term; to provide for a new category of facilities to be desig nated as "adult residential care homes" and replace certain statutory refer ences to "personal care homes" with the new designation; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services.

The following Committee substitute was read and withdrawn:

A BILL
To amend various statutory references to "personal care homes" so as to delete and replace that term; to define and provide for a new category of facilities to be designated as "assisted living communities" and to include supported living homes, assisted living homes - Level I, and assisted living homes - Level II within such category; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards, so as to change the listing of buildings and the appli cability of certain provisions thereto; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain terms and definitions; to provide for fees and penalties; to provide for licensing of different levels of assisted living communi ties; to allow certain supported living homes to be registered in lieu of being licensed; to retain certain liability for personal care homes; to amend Code Section 37-4-21 of the Offi cial Code of Georgia Annotated, relating to respite care for mentally retarded persons, so as to revise certain terms; to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to powers of veterans' home administrators, so as to revise certain terms; to amend Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to general provisions governing business and occupation taxes, so as to change a reference; to amend Code Section 49-5-142 of the Official Code of Georgia Annotated, relating to cre ation of the Department of Medical Assistance, so as to direct the department to apply for federal waivers to authorize Medicaid or to otherwise provide Medicaid for eligible per sons receiving care in an assisted living community; to provide for related matters; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

1804

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, is amended by striking paragraph (26) of subsection (b) thereof and inserting in its place the following:
"(26) With respect to any individual or facility providing personal ear* services ser vices which require a license as an assisted living community:
(A) Any person or entity not duly licensed or registered as a personal eare home an assisted living community formally or informally offering, advertising to, or solic iting the public for residents or referrals; or (B) Any personal eare home, as defined i subsection {a) ef- Code Section 31 7-12, assisted living community offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal eare services that individual's or facility's licensed level as an assisted living community; provided, however, that assisted living communities licensed at one level may take residents suitable for lower levels; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by ft personal eare heme assisted living community for services authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4}. (C) For purpoaca ef-this paragraph, 'personal eare2 means protective ear* and watchful
illness, injury, er disability which requires chronic e* convalescent eare including mcdieal a4 nuroing services. For purposes of this paragraph, the term 'assisted living community' shall have the same meaning as provided for that term in Code Section 31-7-12. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal eare services which is an assisted living community;".
SECTION 2. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings pre senting special hazards to persons or property, is amended by striking subparagraph (b)(l)(J) thereof and inserting in its place the following:
"(J) Personal eare homes Assisted living communities required to be licensed as such by the Department of Human Resources and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those hemes assisted living com munities, and any structure constructed as or converted to a personal eare kerne an assisted living community on or after April 15, 1986, but before this subparagraph becomes effective in 1997, and any structure constructed as or converted to an assisted living community as defined in Code Section 31-7-12 on or after this subparagraph becomes effective in 1997 shall be deemed to be a proposed building pur suant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he the Commissioner deems this necessary for proper fire safety."
SECTION 3. Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning, is amended by striking paragraph (1) thereof and inserting in its place the following paragraphs:
"(1) 'Activities of daily living' shall have the same meaning as provided in Code Sec tion 31-7-12. (1.1) 'Ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under

WEDNESDAY, MARCH 6, 1996

1805

general or regional anesthesia in an operating room environment to patients not requiring hospitalization. (1.2) 'Assisted living community' shall have the same meaning as provided in Code Section 31-7-12, except that for the purposes of this chapter only, such term shall not include supported living homes or assisted living homes - Level I as defined in Code Section 31-7-12."
SECTION 4. Said Code section is further amended by striking paragraph (8) thereof and inserting in its place the following:
"(8) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; per sonal eare homes assisted living communities; ambulatory surgical or obstetrical facili ties; health maintenance organizations; home health agencies; diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable
tive eare for periods continuing for 24 hours e* longer fof persons wfee have traumatic brain injury, as defined i Code Section 87-8-1."
SECTION 5. Said Code section is further amended by adding between paragraphs (12) and (13) thereof the following:
"(12.1) 'Instrumental activities of daily living' includes, but is not limited to, prepar ing meals, shopping, managing money, using the telephone, light housework, and transportation."
SECTION 6. Said Code section is further amended by striking paragraph (18) thereof and inserting in its place the following:
providing, for compcnantion, protective eare and oversight ef- ambulatory, nonrclatcd persons wno Reeci ft monitored ftnvironm&nt out/ wno do not ftflve injuries ~or disfloiii* ties which require chronic or convalescent care, including medical, nuraing, at intcrmc diatc care. Personal ear* homes include those facilities wnieh monitor daily residents' functioning and location, have the capability for crisis intervention, and provide super-
term docs not include! (A) Old age residences which are devoted te independent living units with kitchen
the ewn meals; er (B) Boarding facilities which de net provide personal eare Reserved."
SECTION 7. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, is amended by striking subparagraph (B) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:
"(B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diag nosis, treatment, surgery, maternity care, nursing care, or personal eare assistance with activities of daily living or instrumental activities of daily living as defined in Code Section 31-7-12 for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal eare home assisted living community;".
SECTION 8. Said chapter is further amended by striking paragraph (d) of Code Section 31-7-3, relating to requirements for permits to operate institutions, and inserting in its place the following:

1806

JOURNAL OF THE HOUSE,

"(d)(l) When an application for licensure to operate a personal eate home an assisted living community, as defined in subsection (a) of Code Section 31-7-12, has been made, the department shall inform the office of the state long-term care ombudsman of the name and address of the applicant prior to issuing authority to operate or receive residents and shall provide to the ombudsman program an opportunity to pro vide to the department information relevant to the applicant's fitness to operate as a licensed personal eare home assisted living community. (2) The department may consider any information provided under this subsection, where verified by appropriate licensing procedures, in determining whether an appli cant meets the requirements for licensing. (3) The department shall promulgate regulations setting forth the procedures by which the long-term care ombudsman program shall report information to the depart ment or its designee as required by this subsection, including a consistent format for the reporting of information, safeguards to protect confidentiality, and specified types of information which shall be routinely provided by the long-term care ombudsman program. (4) Nothing in this subsection shall be construed to provide any authority to the longterm care ombudsman program to license or refuse to license the operation of a personal eare home an assisted living community."
SECTION 9. Said chapter is further amended by striking Code Section 31-7-12, relating to licensing of personal care homes, and inserting in its place the following:
"31-7-12.
(a) As used in this Code section, the term:
which undertakes through its owncrahip er management te provide er arrange fer the provision ef housing, feed service, and en er mere personal services fer two ef mere adults who are et related te the ewnet er adminiatrator by blood ef marriage. (1) 'Activities of daily living' includes, but is not limited to, eating, bathing, grooming, dressing, toileting, transfer, ambulation, and self-administered medications.

supervision ef self administered medication and essential activities ef daily living such as eating, bathing, grooming, dressing, and toileting.
(2) 'Ambulatory resident' means a resident who has the ability to move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches, walker or hand rails, or by propelling a wheelchair.
(3) 'Assisted living community' means any supported living home or assisted living home - Level I or assisted living home - Level II but shall not mean a respite care facility or any facility receiving funds pursuant to a contract or subcontract with a regional mental health, mental retardation, and substance abuse board and operating exclusively for consumers with mental illness, mental retardation, or substance abuse problems which is exempt from licensure under Code Section 31-7-3. Such facility shall be required under its contract with the regional mental health, mental retarda tion, and substance abuse board to receive routine monitoring and service oversight pursuant to Code Section 37-2-5.
(4) 'Assisted living home - Level F means any dwelling, whether operated for profit or not, which shall undertake through its ownership or management to provide or arrange for the provision of housing and 24 hour watchful oversight on a long-term basis, services for persons with limitations or handicaps, and assistance with activities of daily living and instrumental activities of daily living for two or more ambulatory and responsive residents who are not related by blood or marriage to the owner or administrator of the home and which may undertake to provide services for persons diagnosed with Alzheimer's disease as defined in Code Section 31-8-180 and other dementia or mental disability. It is the intent of the General Assembly that the cate gory 'assisted living home - Level P replace the former personal care home category

WEDNESDAY, MARCH 6, 1996

1807

and that the Department of Human Resources consider this intent when promulgating appropriate rules and regulations. (5) 'Assisted living home - Level II' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, health care oversight, services for persons diagnosed with Alzheimer's disease as defined in Code Section 31-8-180 and other dementia, mental disability, or other limitations or handicaps, limited nursing services, 24 hour watchful oversight on a long-term basis, and assistance with activities of daily living and instru mental activities of daily living for two or more adults who may or may not be an ambulatory resident as defined by this chapter but who are mobile by chair or device with human assistance and are not related by blood or marriage to the owner or administrator of the home. Such a facility shall be staffed with either a registered pro fessional nurse or nurses or a licensed practical nurse or nurses in numbers sufficient to meet the limited nursing needs of all residents. If one or more licensed practical nurses are so employed, such licensed practical nurse or nurses shall be under the supervision of a registered professional nurse who shall be employed by the facility either directly or as a consultant. The registered professional nurse must be available on call to the facility at all times so that in the event nursing services are needed in the facility and a licensed practical nurse is not on duty, the facility may contact the registered professional nurse for assistance. (6) 'Instrumental activities of daily living' includes, but is not limited to, preparing meals, shopping, managing money, using the telephone, light housework, and transpor tation.
(7) 'Limited nursing services' means acts that may be performed by licensed practical nurses under Article 2 of Chapter 26 of Title 43, relating to practical nurses.
(8) 'Responsive resident' means a resident who can respond to an emergency condi tion, whether caused by fire or otherwise, and escape with minimal human assistance such as being guided to an exit, using the normal means of egress.
(9) 'Supported living home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing and assistance with one or more instrumental activities of daily living and assistance on an episodic, time limited basis with one or more activities of daily living but not including transfer or ambulation, for two or more ambulatory and responsive adults who are not related by blood or marriage to the owner or adminis trator of the home.
(b) All personal ee homes assisted living communities shall be licensed as provided for in Code Section 31-7-3, except that, in lieu of licensure, the department may require persons who operate personal eare homes assisted living homes - Level I or supported living homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' reasonable standards to protect the health, safety, and welfare of the occupants of such personal eare homes.
(b.l) Each prospective resident shall be examined by a physician prior to admission to a home or as soon as practicable after such admission, but in no event more than ten business days later. The physician shall complete a medical examination report on a form approved by the department and submit such form to the home. The home shall utilize the information contained therein in determining the appropriateness of the pro spective resident to the home. Within ten business days of admission to a home, each resident shall provide the home with the name, address, and phone number of his or her physician of record, if any.
(c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding personal ear* homes assisted living communities licensed under this chapter. With approval ef the department, county boards ef health may establish inapcction fees te defray part ef the costs ef inapcctions performed fer the department.

1808

JOURNAL OF THE HOUSE,

(d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints made by or on behalf of residents of a registered or licensed personal eftfe home assisted living community, may conduct investigations in matters within the ombudsman's powers and duties. (e) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal ewe feemes assisted living communities pursuant to Chapter 2 of this title. Such procedures shall include published, measurable criteria for the decision process, shall take into account the need for protection of public and individual health, care, and safety, and shall afford an opportunity for public input into the process. (f) The fees for licenses of assisted living communities shall be paid when a license is initially granted and annually thereafter be determined according to the number of beds available for persons who will be provided assistance with some or all activities of daily living or instrumental activities of daily living in such homes as follows:
6 beds or less...................................................................................................................$ 250.00 ^05 beds.......................................................................................................................... 500.00 16 beds or more.............................................................................................................. 750.00 Such fees shall apply only to licenses granted at any time following the six-month period after this subsection becomes effective and to annual renewals of licenses. Any home operated after that six-month period without obtaining the license required shall be required to pay the license fee applicable to that home as well as a penalty equal to the amount of such fee. (g) An assisted living community may be licensed at more than one level if it offers ser vices at more than one level."
SECTION 10. Said chapter is further amended by striking Code Section 31-7-12.1, relating to unlicensed personal care homes, and inserting in its place the following:
"31-7-12.1.
(a) A facility shall be deemed to be an 'unlicensed personal eare heme assisted living community' if it is unlicensed and not exempt from licensure and:
(1) The facility is providing personal services and is operating as ft personal eare home an assisted living community as those terms are that term is defined in Code Section 31-7-12;
(2) The facility is held out as or represented as providing personal services and oper ating as a personal eare feeme an assisted living community as those tens tare that term is defined in Code Section 31-7-12; or (3) The facility represents itself as a licensed personal eare heme assisted living com munity. (b) Assisted living communities Personal eare homes in existence on Jaly 1-, 1094 the date that this Code section most recently becomes effective, which obtain licenses from the department no later than October 1, W94 1997, shall not be subject to the penalties set out in this Code section. (c) Except as provided in subsection (b) of this Code section, any unlicensed personal ear* hee assisted living community shall be assessed by the department, after opportu nity for hearing in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12. The department shall send a notice by certified mail stating that licensure is required and including a period for obtaining licensure with an expiration date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal eare hemes assisted living commu nities which were not in existence on Jtriy r, 1QQ4 the date that this Code section most recently becomes effective, the civil penalty provided by this subsection shall be calcu lated as beginning on the expiration date of the notice. For unlicensed personal eare hemes assisted living communities which were in existence on J}y i; 1004 the date that

WEDNESDAY, MARCH 6, 1996

1809

this Code section most recently becomes effective, the civil penalty provided by this sub section shall be calculated as beginning on the expiration date of the notice or on Octo ber 1, 1004 1997, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing. (d) The civil penalty authorized by subsection (c) of this Code section shall be doubled if:
(1) The operator of an unlicensed personal ewe heme assisted living community refuses to seek licensure; or (2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal ea*e home assisted living community. (e) The operator of a personal ea*e home an assisted living community who is assessed a civil penalty in accordance with this Code section may have review of such civil pen alty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3."
SECTION 11. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Sec tion 31-7-111, relating to findings regarding certain authorities for facilities for the elderly, and inserting in its place the following:
"(1) There exists exist in this state a seriously inadequate supply of and a critical need for facilities which can furnish the comprehensive services required by elderly persons in a single location, including, without limitation, residential care and the types of services provided in skilled nursing homes, intermediate care homes, and peraonal ea*e homca (hereinafter assisted living communities referred to as 'residential care facilities for the elderly'};".
SECTION 12. Said chapter is further amended by striking subparagraph (A) of paragraph (7) of Code Section 31-7-112, relating to definitions regarding certain authorities for facilities for the elderly, and inserting in its place the following:
"(A) Any one or more buildings or structures to be used in providing at a single location the comprehensive services required by the elderly, including, without limi tation, residential care and the types of services provided in skilled nursing homes, intermediate care homes, and personal ea*e homes assisted living communities sup plied with all necessary or useful furnishings, machinery, equipment, parking facili ties, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; provided, however, that no single project or residential care facility shall be required to render all types of services and levels of care referred to above. There may be included as part of any such project all improvements necessary to the full utilization thereof, including, without limitation, site preparation; roads and streets; sidewalks; water supply; outdoor lighting; belt line railroad; railroad sidings and lead tracks; bridges; causeways; terminals for railroad, automotive, and air transportation; transportation facilities incidental to the project; and the dredging and improving of harbors and waterways. However, none of the aforementioned improvements shall be the primary purpose of any project;".
SECTION 13. Said chapter is further amended by striking paragraphs (1), (4), (5), (6), (10), and (11) of Code Section 31-7-250, relating to definitions regarding records checks for personal care home employees, and inserting in lieu thereof the following:
"(1) 'Assisted living community' means a home required to be licensed or permitted under Code Section 31-7-12. ft)(l.l) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought." "(4) 'Director' means the chief administrative or executive officer or manager of a facility an assisted living community.

1810

JOURNAL OF THE HOUSE,

(5) 'Employee' means any person, other than a director, employed by a personal ea*e home an assisted living community to perform at any facilities of the personal care hea*e assisted living community any duties which involve personal contact between that person and any paying resident of the personal care hee assisted living commu nity. (6) 'Facility' means real property of a personal care home an assisted living commu nity where residents reside." "(10) 'License' means the permit or document issued by the department to authorize the personal care home assisted living community to which it is issued to operate a facility under this chapter.
\ i. L) JrCeserved .rCFSOIlftl CftFe ilOme~ OF tlOIHC IH6ftR9 t flOlttC PCQU1P6CI tO De licensed
or permitted under Code Section 31-7-12."
SECTION 14. Said chapter is further amended by striking Code Section 31-7-256, relating to the expira tion of personal care home licenses, and inserting in its place the following:
"31-7-256.
rAr1t]t i1ni jru-imiMnt/JinB linanaiumc/ul TtrO\ lfanru~iiiliiti'iincns pnrriiunrr T4-Ort vTuiiiliyr T1 ; 1iw0QoUKj souVciotilil CovAnjjiiyrnu LT*JlVffWvm IUKutr?rr 0Q11 , .I1CATROKU.
upon tne expirflLion or flny license issued prior to uuiy xy 11*00, tne pcPSonfti CQ.PC nome* te which such license was issued shall be required te obtain a separate liccnac lot -each ef the personal care home's existing facilities and shall have separate director for aefe
retry license until that facility qualifies fo* a regular license, unless that facility submits evidence, satiafactory te the department, that within the immediately preceding 13 months the director received a satisfactory fingerprint records eheefe determination ael eaeh employee received a satisfactory preliminary records check- determination, which event unfit iflciiit/y HI fly DC issued ft pc^uiftp license witfiout IIPST fiflvin^ to* oDtoin ft pdH~
wise qualifies for a license pursuant te Article 1 ef this chapter. Any ew facility m this stfttc iipst owned of opcFSTCu on "Of flitep wuiy TJ Ayoo, Dy ft pcpsonfli core fiome flireuQy
Sections 31-7 261 through 31-7-266 Any facility licensed in this state as a personal care home prior to the date this Code section becomes effective in 1997 shall be deemed to have been licensed as an assisted living community on and after that date as either a supported living home or an assisted living home - Level I, depending on the level of care provided, but in no event as an assisted living home - Level II. Any sale of a facility deemed to be licensed pursuant to this Code section shall require such facility to apply for and receive a new license. Any new facility in this state first owned or operated on or after that date by a personal care home deemed to have been licensed as an assisted living community as provided in this Code section shall be required to have a new license issued pursuant to Code Sections 31-7-251 and 31-7-255. Nothing in this Code section shall relieve from any civil or criminal liability or penalty any personal care home for operating without the required license before this Code section becomes effec tive in 1997."
SECTION 15. Said chapter is further amended by striking Code Section 31-7-257, relating to temporary licenses for personal care homes, and inserting in its place the following:
"31-7-257. yvitcp d tcmpopftfy license is issued to ftn existing iflciirty pupsu&nt/ TO oodc ocction oL~ i "suoj trie pcpsorifli cflre ftome to wnom tfte license wfls issued sriflii lUPiusn to tne department a fingerprint records check application for- the director a4 a preliminary records check application fer each employee ef- each ef-the personal eare home's facilities fef which a temporary liccnac was issued. After receiving those applications, the depart ment shftH proceed te have made records chock determinations based upon seh applica tions and ay only issue a regular license te any such facility tmder the conditions and procedures provided in Code Sections 81-7-262 through 3b7-266 Reserved."

WEDNESDAY, MARCH 6, 1996

1811

SECTION 16. Said chapter is further amended by striking subsections (b) and (c) of Code Section 31-7-258, relating to changes in personal care home directors, and inserting in their respec tive places the following:
"(b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or fingerprint records check determination of the newly designated director, the personal ewe home assisted living community and that director shall be notified thereof. The license for that director's facility shall be indefinitely suspended unless the personal eare home assisted living community desig nates another director for whom it has not received or made an unsatisfactory prelimi nary or fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there has been no fingerprint records check determination regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the personal eare home assisted living community. The personal eate home assisted living community shall furnish to the department the records check application of the newly designated director or the license of that facility shall be indefinitely suspended. If that records check application is so received, unless the department has within the immedi ately preceding 12 months made a satisfactory preliminary records check determination regarding the newly designated director, the department shall perform a preliminary records check and determination of the newly designated director! 2 and the applicant and that director shall be notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a finger print records check and determination for that director as provided in Code Sections 31-7-254 and 31-7-255. If that determination is satisfactory, the personal eare -home assisted living community and director for whom the determination was made shall be so notified, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply."
SECTION 17. Said chapter is further amended by striking subsection (d) of Code Section 31-7-259, relat ing to employment at personal care homes with temporary licenses, and inserting in its place the following:
"(d) No personal eare home assisted living community may have any person as an employee after January 1, 1986, unless there is on file in the pcraonal ear* home assisted living community an employment history for that person."
SECTION 18. Said chapter is further amended by striking paragraph (6) from Code Section 31-7-300, relating to definitions governing private home care provider laws, and inserting in its place the following:
"(6) 'Residence' means the place where an individual makes that person's permanent or temporary home, whether that person's own apartment or house, a friend or relative's home, or a personal eare home assisted living community, but shall not include a hospital, nursing home, hospice, or other health care facility licensed under Article 1 of this chapter."
SECTION 19. Said chapter is further amended by striking paragraph (5) from Code Section 31-7-305, relating to exempt services, and inserting in its place the following:
"(5) When those services are provided in a pcraonal eare home an assisted living com munity by the staff of the pcraonal ear* home assisted living community; and".
SECTION 20. Said chapter is further amended by striking subsection (a) from Code Section 31-7-307, relating to certificates of need, and inserting in its place the following:

1812

JOURNAL OF THE HOUSE,

"(a) A certificate of need issued pursuant to Chapter 6 of this title is not required for any person, business entity, corporation, or association, whether operated for profit or not for profit, which is operating as a private home care provider as long as such opera tion does not also constitute such person, entity, or organization operating as a home health agency or personal eare feeme assisted living community under this chapter."
SECTION 21. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to long-term care ombudsman definitions, is amended by striking paragraph (2) thereof and inserting in its place the following:
"(2) 'Long-term care facility' means any skilled nursing home, intermediate care home, or personal eate home assisted living community, or any regulated facility receiving funds pursuant to a contract or subcontract with a regional mental health, mental retardation, or substance abuse board as set forth in Code Section 31-7-12 now or hereafter subject to regulation and licensure by the department."
SECTION 22. Said chapter is further amended by striking Code Section 31-8-52, relating to the estab lishment of the long term care ombudsman, 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 of at least seven working days in a nurs ing home and at least three working days in a personal eere home an assisted living community. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman."
SECTION 23. Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to definitions regarding abuse of residents of long-term care facilities, is amended by striking paragraph (3) thereof and inserting in its place the following:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermedi ate care home, ef personal care fceme assisted living community, or any regulated facility receiving funds pursuant to a contract or subcontract with a regional mental health, mental retardation, or substance abuse board now or hereafter subject to regu lation and licensure by the department."
SECTION 24. Said chapter is further amended by striking Code Section 31-8-130, relating to the creation of the "Remedies for Residents of Personal Care Homes Act," and inserting in its place the following:

WEDNESDAY, MARCH 6, 1996

1813

"31-8-130.
This article shall be known and may be cited as the 'Remedies for Residents of Personal Cafe Homes Assisted Living Communities Act.'"
SECTION 25. Said chapter is further amended by striking Code Section 31-8-131, relating to legislative findings and intent, and inserting in its place the following:
"31-8-131.
The General Assembly finds that persons residing within personal etffe hemes assisted living communities are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of personal eare homes assisted living communities to be fully protected, residents must be afforded a means of recourse when such rights have been denied. It is therefore the intent of the General Assembly to preserve the dig nity and personal integrity of residents of personal eate hemes assisted living communi ties by providing access to a legal process to hear and redress the grievances of such residents regarding their individual rights."
SECTION 26. Said chapter is further amended by striking Code Section 31-8-132, relating to definitions, and inserting in its place the following:
"31-8-132.
As used in this article, the term: (1) 'Administrator' means the manager designated by the governing body of a pefsenal ea*e fee*e an assisted living community as responsible for the day-to-day man agement, administration, and supervision of the personal e*e heme assisted living community, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence. (1.5) 'Assisted living community' means a home required to be licensed or permitted under Code Section 31-7-12. (2) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52. (3) 'Governing body' means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal ea*e hee an assisted living community and who are legally responsible for the opera tion of the home. (4) 'Legal surrogate' means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resident who is adjudicated or certified incapacitated. No member of the govern ing body, administration, or staff of a personal eare heje an assisted living commu nity or any affiliated personal ea*e home assisted living community or their family members may serve as the legal surrogate for a resident. \u) ryCSGrvcd. fcrsonfli cftrc tioimc~ of 1101116" HIC&RS s tflciiity "fts QCtincci MI OOQC occTM tien 31-7-12. (6) 'Representative' means a person who voluntarily, with the resident's written authorization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition. No member of the governing body, administra tion, or staff of a personal ea*e heme an assisted living community or any affiliated personal ea*e he**e assisted living community or their family members may serve as the representative for a resident. (7) 'Resident' means a person who resides in a personal eate home an assisted living community. (8) 'State ombudsman' means the state ombudsman established under Code Section 31-8-52."

1814

JOURNAL OF THE HOUSE,

SECTION 27. Said chapter is further amended by striking paragraph (a) of Code Section 31-8-134, relat ing to grievance procedures, and inserting in its place the following:
"(a) Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal eate home an assisted living community or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section."
SECTION 28. Said chapter is further amended by striking Code Section 31-8-135, relating to hearings and transfers of residents, and inserting in its place the following:
"31-8-135.
(a) Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident's rights have been violated by a personal ewe home an assisted living community, its governing body, administrator, or employee, shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) No person shall be prohibited from requesting a hearing pursuant to subsection (a) of this Code section for failure to exhaust any rights to other relief granted under this article.
(c)(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 of the request for a hearing. Where the state or community ombudsman has not already been involved in the matter at issue, the department may refer the request for a hearing to the state or community ombudsman for informal res olution pending the hearing. Such referral shall not extend the 45 day period in which the department shall conduct such hearing. (2) If a resident or a resident's legal surrogate or representative, if any, alleges that an action or failure to act by a personal eare home an assisted living community or its governing body, administrator, or employee is in retaliation for the exercise by that resident or his or her representative or legal surrogate, if any, of a right conferred by state or federal law or court order, the hearing provided for in subsection (a) of this Code section shall be conducted within 15 days of the receipt of the department of the request for a hearing. For such hearing, all pending requests for hearing by the resident or his or her legal surrogate or representative, if any, relating to such resident shall be consolidated. (d) No transfer of a resident shall take place until all appeal rights are exhausted, unless: (1) An immediate transfer is necessary because the resident develops a physical or mental condition requiring continuous medical or nursing care; or (2) The resident's continuing behavior or condition directly and substantially threat ens the health, safety, and welfare of the resident or any other resident. (e) The department shall hold any hearing provided for in subsection (a) of this Code section at the personal eare hee assisted living community upon the resident's request or as necessary due to the resident's physical condition. Where two or more residents of ft personal eare home an assisted living community allege a common complaint, the department may at the residents' request schedule a single hearing. (f) If the department finds no violations of this article, the resident and personal eare hee assisted living community will be so informed. If a violation has occurred: (1) The hearing officer shall so notify the staff within the department responsible for the licensure of personal eare homca assisted living communities; (2) The department shall order the personal eare home assisted living community to correct such violation; and (3) Upon failure of the personal ear* heme assisted living community to correct such violation within a reasonable time, the department may impose appropriate civil pen alties as provided for in Code Section 31-2-6."

WEDNESDAY, MARCH 6, 1996

1815

SECTION 29. Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-8-136, relating to actions for damages, and inserting in their place 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 eare home an assisted living community or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the 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 eare hee an assisted living community or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resi dent or his or her representative or legal surrogate, if any, having exercised a right con ferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident invol untarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal eare heme assisted living community or its governing body, administrator, or employee to the personal ear* kerne assisted living community, a state or community ombudsman, or a state government official or employee."
SECTION 30. Said chapter is further amended by striking Code Section 31-8-137, relating to temporary restraining orders and injunctions, and inserting in its place the following:
"31-8-137.
A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal eare feee an assisted living community from violating the rights of a resident."
SECTION 31. Said chapter is further amended by striking Code Section 31-8-138, relating to failure to validly license as a defense, and inserting in its place the following:
"31-8-138.
The failure of the governing body to obtain or maintain a valid license to operate a per sonal eare home an assisted living community shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal ear* home an assisted living community."
SECTION 32. Said chapter is further amended by striking Code Section 31-8-139, relating to mandamus, 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 eare home assisted living community, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state or federal law relevant to the operation of a personal eare heme an assisted living commu nity or the care of its residents."

1816

JOURNAL OF THE HOUSE,

SECTION 33. Said chapter is further amended by striking Code Section 31-8-181, relating to exempt individuals and hospitals, and inserting in its place the following:
"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 eate home assisted living community 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 ea*e home assisted living community 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, treat ment, or therapeutic activities for persons with Alzheimer's disease or Alzheimer's related dementia as part of a specialty unit, such nursing home, personal ewe home assisted living community, hospice, respite care service, adult day program, or home health agency shall be subject to the provisions of this article."
SECTION 34. Code Section 37-4-21 of the Official Code of Georgia Annotated, relating to respite care for mentally retarded persons, is amended by striking subsection (c) thereof and inserting in its place the following:
"(c) An admission for respite care shall be for no longer than two weeks, provided that a person may be admitted for additional periods of respite care; provided, further, that there shall be no more than two admissions for respite care within any six-month period, counted from the first day of such an admission. Any such admission which exceeds lim its provided in this Code section must be in accordance with the procedure in Code Sec tion 37-4-20 or 37-4-40. This Code section shall not apply when the person sought to be admitted is living in a nursing home or personal eare home assisted living community, as defined in paragraph (3) of Code Section Sections 43-27-1 and 31-7-12, respectively."
SECTION 35. Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to powers of veter ans' home administrators, is amended by striking paragraph (4) of subsection (a) thereof and inserting in its place the following:
"(4) To construct and operate hospitals, nursing homes, nursing care homes, and pefaonal eare homca assisted living communities for the use and care of war veterans dis charged under other than dishonorable conditions and to pay the cost of construction of the hospitals, nursing homes, nursing care homes, and personal eare homes assisted living communities. The term 'cost of the construction' as used in this paragraph shall embrace the cost of construction; the cost of all lands, properties, rights, and ease ments acquired; the cost of all machinery and equipment; and the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the construc tion of any hospitals, nursing homes, nursing care homes, and personal eare homes assisted living communities. The term shall also include administrative expense and such other expenses as may be necessary or incident to the construction of any hospi tals, nursing homes, nursing care homes, and personal eare homes assisted living com munities; the placing of the same in operation; and the condemnation of property necessary for such construction and operation."
SECTION 36. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions governing business and occupation taxes, is amended by striking para graph (14) of subsection (b) of Code Section 48-13-9, relating to businesses which are and which are not subject to regulatory fees, and inserting in its place the following:

WEDNESDAY, MARCH 6, 1996

1817

"(14) Nursing homes and personal eere homes assisted living communities;".
SECTION 37. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to creation of the Department of Medical Assistance, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The Department of Medical Assistance or the Department of Human Resources, as applicable, shall apply to the appropriate federal agency for the necessary waivers to authorize Medicaid payments or otherwise provide Medicaid funds for those persons cer tified as eligible to receive Medicaid who are receiving care or services in a licensed assisted living community. This Code section shall include persons otherwise eligible to receive Medicaid payments as residents of facilities but do not require the level of care provided by that facility as determined by the agency responsible for making such deter mination. Budget neutrality or cost savings as required by federal law for waivers shall be achieved by the subsequent reduction of beds in inpatient facilities as defined in Chapter 7 of Title 31. The funding for assisted living communities will be derived from those funds budgeted for inpatient facilities as defined in Chapter 7 of Title 31. No fed eral block grant legislation shall affect any programs operated under a federal waiver."
SECTION 38. This Act shall become effective only for the purposes of promulgating rules and regula tions thereunder on January 1, 1997. The remaining provisions of this Act shall become effective for all other purposes on July 1, 1997.
SECTION 39. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Lucas of the 124th, Murphy of the 18th and Sherrill of the 62nd, was read:

A BILL
To amend various statutory references to "personal care homes" so as to delete and replace that term; to define and provide for a new category of facilities to be designated as "assisted living communities" and to include supported living homes and assisted living homes within such category; to amend Code Section 10-1-393 of the Official Code of Geor gia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards, so as to change the listing of buildings and the applicability of certain provisions thereto; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change cer tain terms and definitions; to provide for fees and penalties; to provide for licensing of dif ferent levels of assisted living communities; to allow certain supported living homes to be registered in lieu of being licensed; to retain certain liability for personal care homes; to amend Code Section 37-4-21 of the Official Code of Georgia Annotated, relating to respite care for mentally retarded persons, so as to revise certain terms; to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to powers of veterans' home administrators, so as to revise certain terms; to amend Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to general provisions governing business and occupa tion taxes, so as to change a reference; to amend Code Section 49-5-142 of the Official Code of Georgia Annotated, relating to creation of the Department of Medical Assistance, so as to allow the department to apply for federal waivers to authorize Medicaid or to oth erwise provide Medicaid for eligible persons receiving care in an assisted living community; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1818

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, is amended by striking paragraph (26) of subsection (b) thereof and inserting in its place the following:
"(26) With respect to any individual or facility providing personal ewe services ser vices which require a license as an assisted living community:
(A) Any person or entity not duly licensed or registered as a personal eaj-e nee an assisted living community formally or informally offering, advertising to, or solic iting the public for residents or referrals; or (B) Any personal ewe home, as defined in subsection {a} ef- Code Section 31-7-12, assisted living community offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal eare services that individual's or facility's licensed level as an assisted living community; provided, however, that assisted living communities licensed at one level may take residents suitable for lower levels; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal eare heme assisted living community for services authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4t; (C) For purposes ef this paragraph, 'personal care' means protective eare and watchful
illncas, injury, er disability which requires chronic er convaloaecnt eare including mcdieal and nursing acrviccs. For purposes of this paragraph, the term 'assisted living community' shall have the same meaning as provided in Code Section 31-7-12. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources which shall retain primary responsibility for issues relating to licensure of any individ ual or facility providing personal eare services which is an assisted living community;".
SECTION 2. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings pre senting special hazards to persons or property, is amended by striking subparagraph (b)(l)(J) thereof and inserting in its place the following:
"(J) Personal eare hemes Assisted living communities required to be licensed as such by the Department of Human Resources and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those homes assisted living com munities, and any structure constructed as or converted to a personal eare feeme an assisted living community on or after April 15, 1986, but before this subparagraph becomes effective in 1997, and any structure constructed as or converted to an assisted living community as defined in Code Section 31-7-12 on or after this subparagraph becomes effective in 1997 shall be deemed to be a proposed building pur suant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he the Commissioner deems this necessary for proper fire safety."
SECTION 3. Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning, is amended by adding after paragraph (1) the following paragraph:
"(1.1) 'Assisted living community' shall have the same meaning as provided in Code Section 31-7-12."
SECTION 4. Said Code section is further amended by striking paragraph (8) thereof and inserting in its place the following:

WEDNESDAY, MARCH 6, 1996

1819

"(8) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; per sonal care homes assisted living communities; ambulatory surgical or obstetrical facili ties; health maintenance organizations; home health agencies; diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable thereto^ ELTid 1ctciiities wfiicft flfc devoted to trie provision or treflt/wi6nti dud Pcnfloi111ftTM tive eare for periods continuing for 34 hears er tenger fer persona whe have traumatic ferain injury, as defined in Code Section 37-3-1."
SECTION 5. Said Code section is further amended by striking paragraph (18) thereof and inserting in its place the following:
(.LoJ .F eFSOnft1 CflTG flOme~ mCftftS ft rCSldei)tltl IflClllty flflVlttg ftr ICflSt ~s& D6Q.S 3.11(1
providing, for compensation, protective eare and oversight ef- ambulatory, nonrclatcd persons whe need monitored environment t who 4o net have injuries er disabilities which require chronic er convalescent care, including medical, nursing, er intcrmc diatc care. Personal eare homes include those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide super vision in areas ef nutrition, medication, and provision ef transient medical care. 8eh term does not includes
\*\7--t/id ftge residences wnicn d?e devoted TO independent living units with Kitcnen iflciiities HI wnicn residents iiftve ttie option of ppep&nn^ snd serving some of flii ot their ewn mcola; er (B) Boarding facilities which de net provide personal care Reserved."
SECTION 6. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, is amended by striking subparagraph (B) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:
"(B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diag nosis, treatment, surgery, maternity care, nursing care, or personal eare assistance with activities of daily living or instrumental activities of daily living as defined in Code Section 31-7-12 for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care heme assisted living community;".
SECTION 7. Said chapter is further amended by striking paragraph (d) of Code Section 31-7-3, relating to requirements for permits to operate institutions, and inserting in its place the following:
"(d)(l) When an application for licensure to operate a personal care heme an assisted living community, as defined in subsection (a) of Code Section 31-7-12, has been made, the department shall inform the office of the state long-term care ombudsman of the name and address of the applicant prior to issuing authority to operate or receive residents and shall provide to the ombudsman program an opportunity to pro vide to the department information relevant to the applicant's fitness to operate as a licensed personal eare heme assisted living community. (2) The department may consider any information provided under this subsection, where verified by appropriate licensing procedures, in determining whether an appli cant meets the requirements for licensing. (3) The department shall promulgate regulations setting forth the procedures by which the long-term care ombudsman program shall report information to the depart ment or its designee as required by this subsection, including a consistent format for the reporting of information, safeguards to protect confidentiality, and specified types of information which shall be routinely provided by the long-term care ombudsman program.

1820

JOURNAL OF THE HOUSE,

(4) Nothing in this subsection shall be construed to provide any authority to the longterm care ombudsman program to license or refuse to license the operation of a peraonol eare k&ate an assisted living community."
SECTION 8. Said chapter is further amended by striking Code Section 31-7-12, relating to licensing of personal care homes, and inserting in its place the following:
"31-7-12.
(a) As used in this Code section, the term:
which undertakes through its ownership or management to provide or arrange (or the provision 0f housing, rood servicet flnd one or more pepsonoi sci*vices tor two or more
who dfe not PCidted to the owner of ftdininistPfltor oy DIOOQ (1) 'Activities of daily living' includes, but is not limited to, eating, bathing, grooming. dressing, toileting, transfer, ambulation, and self-administered medications.
supervision ef self-administered medication ssA essential activities ef daily living such as eating, bathing, grooming, dressing, and toileting. (2) 'Ambulatory resident' means a resident who has the ability to move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches, walker or hand rails, or by propelling a wheelchair. (3) 'Assisted living community' means any supported living home or assisted living home but shall not mean a respite care facility or any facility receiving funds pursuant to a contract or subcontract with a regional mental health, mental retardation, and substance abuse board and operating exclusively for consumers with mental illness, mental retardation, or substance abuse problems which is exempt from licensure under Code Section 31-7-3. Such facility shall be required under its contract with the regional mental health, mental retardation, and substance abuse board to receive rou tine monitoring and service oversight pursuant to Code Section 37-2-5. (4) 'Assisted living home' means any dwelling, whether operated for profit or not, which shall undertake through its ownership or management to provide or arrange for the provision of housing and 24 hour watchful oversight on a long-term basis, services for persons with limitations or handicaps, and assistance with activities of daily living and instrumental activities of daily living for two or more ambulatory and responsive residents who are not related by blood or marriage to the owner or administrator of the home and which may undertake to provide services for persons diagnosed with Alzheimer's disease as defined in Code Section 31-8-180 and other dementia or mental disability. It is the intent of the General Assembly that the category 'assisted living home' replace the former personal care home category and that the Department of Human Resources consider this intent when promulgating appropriate rules and regu lations. (5) 'Instrumental activities of daily living' includes, but is not limited to, preparing meals, shopping, managing money, using the telephone, light housework, and transpor tation. (6) 'Responsive resident' means a resident who can respond to an emergency condi tion, whether caused by fire or otherwise, and escape with minimal human assistance such as being guided to an exit, using the normal means of egress. (7) 'Supported living home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing and assistance with one or more instrumental activities of daily living and assistance on an episodic, time limited basis with one or more activities of daily living but not including transfer or ambulation, for two or more ambulatory and responsive adults who are not related by blood or marriage to the owner or adminis trator of the home. (b) All personal eare hemes assisted living communities shall be licensed as provided for in Code Section 31-7-3, except that, in lieu of licensure, the department may require persons who operate personal eare homes assisted living communities with two or three

WEDNESDAY, MARCH 6, 1996

1821

beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act,' reasonable standards to protect the health, safety, and welfare of the occupants of such personal ea*e homes. (b.l) Each prospective resident shall be examined by a physician prior to admission to a home or as soon as practicable after such admission, but in no event more than ten business days later. The physician shall complete a medical examination report on a form approved by the department and submit such form to the home. The home shall utilize the information contained therein in determining the appropriateness of the pro spective resident to the home. Within ten business days of admission to a home, each resident shall provide the home with the name, address, and phone number of his or her physician of record, if any. (c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding personal ear* hemes assisted living communities licensed under this chapter. With approval ef the department, county boards ef- bettteh ay establish inspection fees te defray part ef- the coats ef- inspections performed fer the department. (d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints made by or on behalf of residents of a registered or licensed personal ea*e henae assisted living community, may conduct investigations in matters within the ombudsman's powers and duties. (e) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal eare homes assisted living communities pursuant to Chapter 2 of this title. Such procedures shall include published, measurable criteria for the decision process, shall take into account the need for protection of public and individual health, care, and safety, and shall afford an opportunity for public input into the process. (f) The fees for licenses of assisted living communities shall be paid when a license is initially granted and annually thereafter be determined according to the number of beds available for persons who will be provided assistance with some or all activities of daily living or instrumental activities of daily living in such homes as follows:
6 beds or less...................................................................................................................$ 250.00 7JJ5 beds.......................................................................................................................... 500.00 16 beds or more.............................................................................................................. 750.00 Such fees shall apply only to licenses granted at any time following the six-month period after this subsection becomes effective and to annual renewals of licenses. Any home operated after that six-month period without obtaining the license required shall be required to pay the license fee applicable to that home as well as a penalty equal to the amount of such fee. (g) An assisted living community may be licensed at more than one level if it offers ser vices at more than one level."
SECTION 9. Said chapter is further amended by striking Code Section 31-7-12.1, relating to unlicensed personal care homes, and inserting in its place the following:
"31-7-12.1.
(a) A facility shall be deemed to be an 'unlicensed personal ear* heme assisted living community' if it is unlicensed and not exempt from licensure and:
(1) The facility is providing personal services ad is operating as a personal eate home an assisted living community as those terms are that term is defined in Code Section 31-7-12;
(2) The facility is held out as or represented as providing personal services and oper ating as a personal eate hme an assisted living community as those terms afe that term is defined in Code Section 31-7-12; or

1822

JOURNAL OF THE HOUSE,

(3) The facility represents itself as a licensed personal eare hee assisted living com munity. (b) Assisted living communities Personal ewe kernes in existence on <Jly -, 1004 the date that this Code section most recently becomes effective, which obtain licenses from the department no later than October 1, 1004 1997, shall not be subject to the penalties set out in this Code section. (c) Except as provided in subsection (b) of this Code section, any unlicensed personal eafe home assisted living community shall be assessed by the department, after opportu nity for hearing in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12. The department shall send a notice by certified mail stating that licensure is required and including a period for obtaining licensure with an expiration date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal eare hemes assisted living commu nities which were not in existence on <Jly 1^ 1004 the date that this Code section most recently becomes effective, the civil penalty provided by this subsection shall be calcu lated as beginning on the expiration date of the notice. For unlicensed personal eare homes assisted living communities which were in existence on <Jly i; 1004 the date that this Code section most recently becomes effective, the civil penalty provided by this sub section shall be calculated as beginning on the expiration date of the notice or on Octo ber 1, 1004 1997, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing. (d) The civil penalty authorized by subsection (c) of this Code section shall be doubled if: (1) The operator of an unlicensed personal eare heme assisted living community refuses to seek licensure; or (2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal ewe home assisted living community. (e) The operator of a personal ear* feeme an assisted living community who is assessed a civil penalty in accordance with this Code section may have review of such civil pen alty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3."
SECTION 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Sec tion 31-7-111, relating to findings regarding certain authorities for facilities for the elderly, and inserting in its place the following:
"(1) There exists exist in this state a seriously inadequate supply of and a critical need for facilities which can furnish the comprehensive services required by elderly persons in a single location, including, without limitation, residential care and the types of services provided in skilled nursing homes, intermediate care homes, and personal eare homca (hereinafter assisted living communities referred to as 'residential care facilities for the elderly'};".
SECTION 11. Said chapter is further amended by striking subparagraph (A) of paragraph (7) of Code Section 31-7-112, relating to definitions regarding certain authorities for facilities for the elderly, and inserting in its place the following:
"(A) Any one or more buildings or structures to be used in providing at a single location the comprehensive services required by the elderly, including, without limi tation, residential care and the types of services provided in skilled nursing homes, intermediate care homes, and personal eare homes assisted living communities sup plied with all necessary or useful furnishings, machinery, equipment, parking facili ties, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; provided, however, that no single project or residential care facility shall be required to render

WEDNESDAY, MARCH 6, 1996

1823

all types of services and levels of care referred to above. There may be included as part of any such project all improvements necessary to the full utilization thereof, including, without limitation, site preparation; roads and streets; sidewalks; water supply; outdoor lighting; belt line railroad; railroad sidings and lead tracks; bridges; causeways; terminals for railroad, automotive, and air transportation; transportation facilities incidental to the project; and the dredging and improving of harbors and waterways. However, none of the aforementioned improvements shall be the primary purpose of any project;".
SECTION 12. Said chapter is further amended by striking paragraphs (1), (4), (5), (6), (10), and (11) of Code Section 31-7-250, relating to definitions regarding records checks for personal care home employees, and inserting in lieu thereof the following:
"(1) 'Assisted living community' means a home required to be licensed or registered under Code Section 31-7-12. 43^(1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought." "(4) 'Director' means the chief administrative or executive officer or manager of a facility an assisted living community. (5) 'Employee' means any person, other than a director, employed by ft personal care home an assisted living community to perform at any facilities of the personal eare kerne assisted living community any duties which involve personal contact between that person and any paying resident of the personal care home assisted living commu nity. (6) 'Facility' means real property of a personal care home an assisted living commu nity where residents reside." "(10) 'License' means the permit or document issued by the department to authorize the personal ear* heme assisted living community to which it is issued to operate a facility under this chapter. \XLJ tveserveci JtCPSorifli co.rc Rome~ of zioiwc me&ftd ft HOHI^ recjuireci v& DC licensed er permitted and** Geete Section 81-7-12."
SECTION 13. Said chapter is further amended by striking Code Section 31-7-256, relating to the expira tion of personal care home licenses, and inserting in its place the following:
"31-7-256.
TTII licenses issued to i&ciiities prior to uuiy TJ iLwo, siiflri expire ueccuiDeip oJ., J.yoo. Upon the expiration ef ay license issued prior te Jaly IT 1086, the personal eare heme te which such license was issued shall fee required te obtain a separate license 4&r each ef the personal eare home's existing facilities ad shall have a separate director for each
ra*y license until that facility qualifies fer a regular license, unless that facility submits evidence, satisfactory te the department, that within the immediately preceding i3 months the director received a satisfactory fingerprint records check dctcrmiaatiea ad each employee received a satisfactory preliminary records eheek determination, in which event that facility ay fee issued a regular license without first having te obtain a tern-
wise qualifies fef ft license pursuant te Article 1 of this choptcr. Any new facility this

Sections 81-7-261 through 31-7-266 Any facility licensed in this state as a personal care home prior to the date this Code section becomes effective in 1997 shall be deemed to have been licensed as an assisted living community on and after that date as either a supported living home or an assisted living home, depending on the level of care pro vided. Any sale of a facility deemed to be licensed pursuant to this Code section shall require such facility to apply for and receive a new license. Any new facility in this state first owned or operated on or after that date by a personal care home deemed to have

1824

JOURNAL OF THE HOUSE,

been licensed as an assisted living community as provided in this Code section shall be required to have a new license issued pursuant to Code Sections 31-7-251 and 31-7-255. Nothing in this Code section shall relieve from any civil or criminal liability or penalty any personal care home for operating without the required license before this Code sec tion becomes effective in 1997."
SECTION 14. Said chapter is further amended by striking Code Section 31-7-257, relating to temporary licenses for personal care homes, and inserting in its place the following:
"31-7-257.
/iiLcr ft iGinporftFy license ts issued e ftn existing io.ciiity pu.F3U.flHE to oode oecttoft
department a fingerprint records check application fer the director and ft preliminary records cheek- application fef each employee of each ef the personal ewe home's facilities fef wMefe a temporary license was issued. After receiving those applications, the departfiaeat shall proceed te have made records eheek- determinations based upon saeh applica tions and may enly issue ft regular Keens* te any seeh facility tmdef th conditions andprocedures provided m Code Sections 81-7-262 through 81-7-266 Reserved."
SECTION 15. Said chapter is further amended by striking subsections (b) and (c) of Code Section 31-7-258, relating to changes in personal care home directors, and inserting in their respec tive places the following:
"(b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or fingerprint records check determination of the newly designated director, the personal eare heme assisted living community and that director shall be notified thereof. The license for that director's facility shall be indefinitely suspended unless the personal eare home assisted living community desig nates another director for whom it has not received or made an unsatisfactory prelimi nary or fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there has been no fingerprint records check determination regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the personal eftre heme assisted living community. The personal eare hee assisted living community shall furnish to the department the records check application of the newly designated director or the license of that facility shall be indefinitely suspended. If that records check application is so received, unless the department has within the immedi ately preceding 12 months made a satisfactory preliminary records check determination regarding the newly designated director, the department shall perform a preliminary records check and determination of the newly designated director? L and the applicant and that director shall be notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a finger print records check and determination for that director as provided in Code Sections 31-7-254 and 31-7-255. If that determination is satisfactory, the personal eare home assisted living community and director for whom the determination was made shall be so notified, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply."
SECTION 16. Said chapter is further amended by striking subsection (d) of Code Section 31-7-259, relat ing to employment at personal care homes with temporary licenses, and inserting in its place the following:
"(d) No personal eate home assisted living community may have any person as an employee after January 1, 1986, unless there is on file in the personal eare home assisted living community an employment history for that person."

WEDNESDAY, MARCH 6, 1996

1825

SECTION 17. Said chapter is further amended by striking paragraph (6) from Code Section 31-7-300, relating to definitions governing private home care provider laws, and inserting in its place the following:
"(6) 'Residence' means the place where an individual makes that person's permanent or temporary home, whether that person's own apartment or house, a friend or relative's home, or a personal eare home assisted living community, but shall not include a hospital, nursing home, hospice, or other health care facility licensed under Article 1 of this chapter."
SECTION 18. Said chapter is further amended by striking paragraph (5) from Code Section 31-7-305, relating to exempt services, and inserting in its place the following:
"(5) When those services are provided in a personal eare hee an assisted living com munity by the staff of the personal eare home assisted living community; and".
SECTION 19. Said chapter is further amended by striking subsection (a) from Code Section 31-7-307, relating to certificates of need, and inserting in its place the following:
"(a) A certificate of need issued pursuant to Chapter 6 of this title is not required for any person, business entity, corporation, or association, whether operated for profit or not for profit, which is operating as a private home care provider as long as such opera tion does not also constitute such person, entity, or organization operating as a home health agency or personal eare home assisted living community under this chapter."
SECTION 20. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to long-term care ombudsman definitions, is amended by striking paragraph (2) thereof and inserting in its place the following:
"(2) 'Long-term care facility' means any skilled nursing home, intermediate care home, e* personal eare feeme assisted living community, or any regulated facility receiving funds pursuant to a contract or subcontract with a regional mental health, mental retardation, or substance abuse board as set forth in Code Section 31-7-12 now or hereafter subject to regulation and licensure by the department."
SECTION 21. Said chapter is further amended by striking Code Section 31-8-52, relating to the estab lishment of the long term care ombudsman, 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 of at least seven working days in a nurs ing home and at least three working days in a personal eare home an assisted living community. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to

1826

JOURNAL OF THE HOUSE,

carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman."
SECTION 22. Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to definitions regarding abuse of residents of long-term care facilities, is amended by striking paragraph (3) thereof and inserting in its place the following:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermedi ate care home, er personal eetre feee assisted living community, or any regulated facility receiving funds pursuant to a contract or subcontract with a regional mental health, mental retardation, or substance abuse board now or hereafter subject to regu lation and licensure by the department."
SECTION 23. Said chapter is further amended by striking Code Section 31-8-130, relating to the creation of the "Remedies for Residents of Personal Care Homes Act," and inserting in its place the following:
"31-8-130.
This article shall be known and may be cited as the 'Remedies for Residents of Personal CMC Homes Assisted Living Communities Act.'"
SECTION 24. Said chapter is further amended by striking Code Section 31-8-131, relating to legislative findings and intent, and inserting in its place the following:
"31-8-131.
The General Assembly finds that persons residing within personal eare homes assisted living communities are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of personal ear* homes assisted living communities to be fully protected, residents must be afforded a means of recourse when such rights have been denied. It is therefore the intent of the General Assembly to preserve the dig nity and personal integrity of residents of personal eate homes assisted living communi ties by providing access to a legal process to hear and redress the grievances of such residents regarding their individual rights."
SECTION 25. Said chapter is further amended by striking Code Section 31-8-132, relating to definitions, and inserting in its place the following:
"31-8-132.
As used in this article, the term: (1) 'Administrator' means the manager designated by the governing body of peraonol ea*e feeme an assisted living community as responsible for the day-to-day man agement, administration, and supervision of the personal ear* hee assisted living community, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence. (1.5) 'Assisted living community' means a home required to be licensed or registered under Code Section 31-7-12. (2) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52. (3) 'Governing body' means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal eeaee feeme an assisted living community and who are legally responsible for the opera tion of the home. (4) 'Legal surrogate' means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf

WEDNESDAY, MARCH 6, 1996

1827

of a resident who is adjudicated or certified incapacitated. No member of the govern ing body, administration, or staff of a personal ea*e home an assisted living commu nity or any affiliated personal ear* home assisted living community or their family members may serve as the legal surrogate for a resident. \o) JvGScrvcQ. F sfsottsi cftrc ftorofr" o? Home nicdfts ft iflciiity fts ciciincct "tH oodc occTM tfeaai-7'12. (6) 'Representative' means a person who voluntarily, with the resident's written authorization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition. No member of the governing body, administra tion, or staff of ft personal ea*e hee an assisted living community or any affiliated personal ea*e feee assisted living community or their family members may serve as the representative for a resident. (7) 'Resident' means a person who resides in a personal ear* feeme an assisted living community. (8) 'State ombudsman' means the state ombudsman established under Code Section 31-8-52."
SECTION 26. Said chapter is further amended by striking paragraph (a) of Code Section 31-8-134, relat ing to grievance procedures, and inserting in its place the following:
"(a) Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal eare heme an assisted living community or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section."
SECTION 27. Said chapter is further amended by striking Code Section 31-8-135, relating to hearings and transfers of residents, and inserting in its place the following:
"31-8-135.
(a) Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident's rights have been violated by a personal ear* feee an assisted living community, its governing body, administrator, or employee, shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) No person shall be prohibited from requesting a hearing pursuant to subsection (a) of this Code section for failure to exhaust any rights to other relief granted under this article.
(c)(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 of the request for a hearing. Where the state or community ombudsman has not already been involved in the matter at issue, the department may refer the request for a hearing to the state or community ombudsman for informal res olution pending the hearing. Such referral shall not extend the 45 day period in which the department shall conduct such hearing. (2) If a resident or a resident's legal surrogate or representative, if any, alleges that an action or failure to act by a personal ea*e home an assisted living community or its governing body, administrator, or employee is in retaliation for the exercise by that resident or his or her representative or legal surrogate, if any, of a right conferred by state or federal law or court order, the hearing provided for in subsection (a) of this Code section shall be conducted within 15 days of the receipt of the department of the request for a hearing. For such hearing, all pending requests for hearing by the resident or his or her legal surrogate or representative, if any, relating to such resident shall be consolidated. (d) No transfer of a resident shall take place until all appeal rights are exhausted, unless:

1828

JOURNAL OF THE HOUSE,

(1) An immediate transfer is necessary because the resident develops a physical or mental condition requiring continuous medical or nursing care; or (2) The resident's continuing behavior or condition directly and substantially threat ens the health, safety, and welfare of the resident or any other resident. (e) The department shall hold any hearing provided for in subsection (a) of this Code section at the personal ea*e kettte assisted living community upon the resident's request or as necessary due to the resident's physical condition. Where two or more residents of a personal eftfe home an assisted living community allege a common complaint, the department may at the residents' request schedule a single hearing. (f) If the department finds no violations of this article, the resident and personal eare hee assisted living community will be so informed. If a violation has occurred: (1) The hearing officer shall so notify the staff within the department responsible for the licensure of personal eare homes assisted living communities; (2) The department shall order the personal ewe feeme assisted living community to correct such violation; and (3) Upon failure of the personal eare home assisted living community to correct such violation within a reasonable time, the department may impose appropriate civil pen alties as provided for in Code Section 31-2-6."
SECTION 28. Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-8-136, relating to actions for damages, and inserting in their place 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 personal eeaee hee an assisted living community or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the 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 eare home an assisted living community or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resi dent or his or her representative or legal surrogate, if any, having exercised a right con ferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident invol untarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal eare heme assisted living community or its governing body, administrator, or employee to the personal core home assisted living community, a state or community ombudsman, or a state government official or employee."
SECTION 29. Said chapter is further amended by striking Code Section 31-8-137, relating to temporary restraining orders and injunctions, and inserting in its place the following:
"31-8-137.
A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal eare home an assisted living community from violating the rights of a resident."
SECTION 30. Said chapter is further amended by striking Code Section 31-8-138, relating to failure to validly license as a defense, and inserting in its place the following:

WEDNESDAY, MARCH 6, 1996

1829

"31-8-138. The failure of the governing body to obtain or maintain a valid license to operate petsonol eae feeaae an assisted living community shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal ea*e home an assisted living community."
SECTION 31. Said chapter is further amended by striking Code Section 31-8-139, relating to mandamus, 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 eeate heme assisted living community, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state or federal law relevant to the operation of personal eare heme an assisted living commu nity or the care of its residents."

SECTION 32. Said chapter is further amended by striking Code Section 31-8-181, relating to exempt individuals and hospitals, and inserting in its place the following:
"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 ea*e heme assisted living community 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 eee home assisted living community 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, treat ment, or therapeutic activities for persons with Alzheimer's disease or Alzheimer's related dementia as part of a specialty unit, such nursing home, personal eeaee home assisted living community, hospice, respite care service, adult day program, or home health agency shall be subject to the provisions of this article."
SECTION 33. Code Section 37-4-21 of the Official Code of Georgia Annotated, relating to respite care for mentally retarded persons, is amended by striking subsection (c) thereof and inserting in its place the following:
"(c) An admission for respite care shall be for no longer than two weeks, provided that a person may be admitted for additional periods of respite care; provided, further, that there shall be no more than two admissions for respite care within any six-month period, counted from the first day of such an admission. Any such admission which exceeds lim its provided in this Code section must be in accordance with the procedure in Code Sec tion 37-4-20 or 37-4-40. This Code section shall not apply when the person sought to be admitted is living in a nursing home or personal eare hee assisted living community, as defined in paragraph (3) ef- Code Section Sections 43-27-1 and 31-7-12, respectively."

SECTION 34. Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to powers of veter ans' home administrators, is amended by striking paragraph (4) of subsection (a) thereof and inserting in its place the following:

1830

JOURNAL OF THE HOUSE,

"(4) To construct and operate hospitals, nursing homes, nursing care homes, and per sonal eare homes assisted living communities for the use and care of war veterans dis charged under other than dishonorable conditions and to pay the cost of construction of the hospitals, nursing homes, nursing care homes, and personal eare homes assisted living communities. The term 'cost of the construction' as used in this paragraph shall embrace the cost of construction; the cost of all lands, properties, rights, and ease ments acquired; the cost of all machinery and equipment; and the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the construc tion of any hospitals, nursing homes, nursing care homes, and personal core homes assisted living communities. The term shall also include administrative expense and such other expenses as may be necessary or incident to the construction of any hospi tals, nursing homes, nursing care homes, and personal eare homes assisted living com munities; the placing of the same in operation; and the condemnation of property necessary for such construction and operation."
SECTION 35. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions governing business and occupation taxes, is amended by striking para graph (14) of subsection (b) of Code Section 48-13-9, relating to businesses which are and which are not subject to regulatory fees, and inserting in its place the following:
"(14) Nursing homes and personal eafe hemes assisted living communities;".
SECTION 36. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to creation of the Department of Medical Assistance, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The Department of Medical Assistance or the Department of Human Resources, as applicable, may apply to the appropriate federal agency for the necessary waivers to authorize Medicaid payments or otherwise provide Medicaid funds for those persons cer tified as eligible to receive Medicaid who are receiving care or services in a licensed assisted living community. This Code section shall include persons who are otherwise eli gible to receive Medicaid payments as residents of facilities but who do not require the level of care provided by that facility as determined by the agency responsible for mak ing such determination."
SECTION 37. This Act shall become effective only for the purposes of promulgating rules and regula tions thereunder on January 1, 1997. The remaining provisions of this Act shall become effective for all other purposes on July 1, 1997.
SECTION 38. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Poston of the 3rd moves to amend the Floor substitute to HB 460 as fol lows:
Page 8 line 15 add at end of sentence:
"No prospective resident shall be denied admission on account of race, color, religion, sex, disability, familial status, or national origin."

Representative Murphy of the 18th moves to amend the Floor substitute to HB 460 as follows:
By striking "Subsection (g)" on page 9 lines 13 thru 15 in its entirety.

WEDNESDAY, MARCH 6, 1996

1831

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 Alien Y Andersen Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel!
Cbilders Y Coker Y Coleman, B Y Coleman, T
ConneU Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Diion, S YDobbs
Ehrhart YEpps Y Evans Y Falls Y Felton
Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris 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 EKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley N Mueller
O'Neal YOrrock YParham

Y Parrish E Parsons Y Pelote Y Perry
Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders
Y Sauder Y Scoggins YShanahan YShaw Y Sherrill YShipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson Y Streat E Taylor YTeague YTeper Y Thomas YTillman
Y Titus Y Towery YTrense 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 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1771.

By Representatives Canty of the 52nd, Davis of the 48th, Holmes of the 53rd, Heckstall of the 55th and McKinney of the 51st:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to repeal certain provisions regarding the status of ad valorem taxes pending review in those counties having a population of 550,000 or more according to the United States decennial census of 1970.

The following substitute, offered by Representative Irvin of the 45th, et al., was read:

A BILL
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change certain provisions regarding the status of ad valorem taxes pending review in those counties having a popula tion of 550,000 or more according to the United States decennial census of 1970 or any

1832

JOURNAL OF THE HOUSE,

future such census and in municipalities lying wholly or partially within such counties when the municipalities have a population of 350,000 or more according to the United States decennial census of 1970 or any future such census; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking Code Section 48-5-312, relating to the status of ad valorem taxes pending review in certain counties and munici palities, and inserting in lieu thereof the following:
"48-5-312.
(a) This Code section shall apply only in those counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such cen sus and in municipalities lying wholly or partially within such counties when the munici palities have a population of 350,000 or more according to the United States decennial census of 1970 or any future such census. (b) No county or municipal ad valorem taxes which are the subject of any arbitration, equalization, or other procedure allowed by law for the review of ad valorem tax liability shall be considered delinquent or past due pending the determination of the tax liability; but the taxpayer in any such case shall first pay to the county or municipality to which
L-llC tflXGS flFG QU6 tC QHlOttHt Or tftXCS WlHCll WOXllQ DC QtWJ tt IflC 8.99C39GQ VfllUfltlOtt 'Of
pay the amount ef- taxes which would be 4vte e* the portion ef assessed valuation which is net diaputc, whichever is greater the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors, unless 85 percent of the amount due from the previous year's assessment, if there was a final determination of assessed value in such previous year and there have been no significant physical improvements to the property or changes in the boundaries or lot size, would be less, in which case 85 percent of the amount due from the previous year's assessment shall be the amount payable under this Code section. A taxpayer within ten days of receipt of a tax notice may petition the superior court of the county in which the return was made or the superior court of the county in which the major portion of the municipality lies, as the case may be, to determine a lower amount to be paid to the county or municipality under this subsection upon a showing that the value of the taxable property has suffered a sudden, substantial drop due to fire, storm, earthquake, or other similar casualty. (c) This Code section shall be cumulative of and supplemental to any laws of this state relative to interest on past due ad valorem taxes or to penalties on delinquent ad valo rem taxes of the counties and municipalities subject to this Code section and shall not be construed to repeal any such laws."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe N Bailey N Baker Y Bannister NBarfoot N Bargeron N Barnard N Barnes
Bates

N Benefleld N Birdsong
Bordeaux Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, J N Brush Buck N Buckner

Bunn N Burkhalter NByrd
Y Campbell N Canty Y Carter N Chambless N Channel! N Childers N Coker N Coleman, B

N Coleman, T Connell
N Crawford Y Crews
Culbreth N Cummings N Davis, G Y Davis, M
YDay N DeLoach, B
DeLoach, G

NDix Dixon, H
N Dixon, S N Dobbs Y Ehrhart NEpps Y Evans Y Falls N Felton Y Floyd N Godbee

WEDNESDAY, MARCH 6, 1996

1833

N Golden Y Goodwill N Greene Y Grindley
Hanner N Harbin
Y Harris N Heard N Heckstall Y Hegstrom
Y Hembree N Henson
N Holland N Hoboes N Howard N Hudson N Hugley
Ylrvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones

Y Joyce EKaye N Kinnamon Y Klein
NLadd NLakly
NLane N Lawrence
NLee N Lewis Y Lifsey
NLord Lucas
Y Maddox YMann Y Martin
N McBee McCall
N McClinton N McKinney Y Mills N Mobley, B N Mobley, J
N Mosley N Mueller

O'Neal Y Orrock N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster Y Polak Y Ponder N Porter N Poston
Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay Reaves
N Reichert N Roberts
E Rogers N Royal N Sanders N Sauder

Scoggins N Shanahan
Shaw N Sherrill N Shipp N Simpson Y Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T
Smith, V N 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

B Taylor NTeague N Teper N Thomas NTillman Y Titus N Towery Y Trense N Turnquest N Twiggs N Walker, L
Y Walker, R.L YWall N Watson
N Watts N Westmoreland
Whitaker White Y Wiles Y Williams, B Y Williams, J N Williams, R
Y Woods YYates
Murphy, Spkr

On the adoption of the Floor substitute, the ayes were 46, nays 110. The Floor substitute was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
NAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T
N Brown, J Y Brush
Buck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Y Canty N Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell
Y Crawford

N Crews Culbreth
Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix
Dixon, H
Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans Y Falls
Y Felton Y Floyd Y Godbee Y Golden
N Goodwin Greene
N Grindley Y Hanner Y Harbin N Harris
Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

N Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce EKaye Y Kinnamon N Klein Y Ladd N Lakly Y Lane Y Lawrence YLee Y Lewis N Lifsey NLord
Lucas N Maddox YMann Y Martin Y McBee
McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
O'Neal
Y Orrock Y Parham

Y Parrish Y Parsons Y Pelote
Y Perry
N Pinholster Y Polak Y Ponder Y Porter Y Poston
Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal N Sanders Y Sauder
Scoggins
Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson N Sinkfield
Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

On the passage of the Bill, the ayes were 133, nays 28.

N Smith, W Y Smyre
Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat E Taylor YTeague Y Teper Y Thomas YTiUman N Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L
N Walker, R.L YWall
Y Watson Y Watts Y Westmoreland Y Whitaker
White N Wiles Y Williams, B Y Williams, J Y Williams, R
N Woods N Yates
Murphy, Spkr

1834

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.
HR 982. By Representatives Coleman of the 142nd, Shaw of the 176th, Royal of the 164th, Golden of the 177th, Parrish of the 144th and others: A resolution designating the Downing E. Musgrove Causeway.
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 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot 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, J Y Brush YBuck
Y Buckner Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childere Y Coker Y Coleman, B Y Coleman, T
Connell
Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDii Y Dixon, H Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden YGoodwin
Y Greene Y Grindley YHanner Y Harbin Y Harris 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
Ladd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
O'Neal
YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves
Reichert Y Roberts E 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 Y Stanley, P Y Stephenson
Y Streat E Taylor YTeague
Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense Y Tumquest Y 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 adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1596.

By Representatives Jenkins of the 110th, Smith of the 109th, Bostick of the 165th, Greene of the 158th, Cummings of the 27th and others:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to create the office of senior clerk of the superior court.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create the office of senior clerk of the superior court; to provide

WEDNESDAY, MARCH 6, 1996

1835

for appointment procedures and terms of office; to provide for eligibility requirements; to provide for powers, duties, and authority; to provide for compensation; to exclude certain service or compensation from the computation of certain retirement benefits; to provide for eligibility for certain other offices; to provide for training, classification as inactive, and reclassification as active; 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 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding at the end thereof a new article creating the office of senior clerk of the superior court, to be designated Article 3, to read as follows:
"ARTICLE 3
15-6-120. (a) There is created the office of senior clerk of the superior court. (b) A person who desires to resign or retire from the office of clerk of the superior court and be appointed as a senior clerk of the superior court shall so advise the Governor in writing. A person who has resigned or retired from the office of clerk of the superior court who desires to accept appointment as a senior clerk of the superior court shall so advise the Governor in writing not later than six months following the date of such res ignation or retirement. The Governor shall appoint to such position any such person who is otherwise eligible under Code Section 15-6-121. (c) Upon such appointment and the issuance of a commission by the Governor, the retirement or resignation shall automatically become effective for a person who has not already resigned and any senior clerk of the superior court shall be authorized to act within any county in this state. (d) All persons appointed as senior clerks of the superior court shall hold such office for life,
15-6-121. In order to be eligible for appointment as a senior clerk of the superior court, a person must meet all of the following requirements:
(1) Be in at least the tenth year, or have completed at least ten years, of service as a clerk of the superior court. In the computation of such service not more than four years of service as a deputy clerk shall be allowed to count towards the required ten years and the final five years of service must have been served as clerk of the superior court; and (2) Have attained the age of 40 years.
15-6-122. It shall be the duty of each senior clerk of the superior court to:
(1) Consult with the executive board of the Council of Superior Court Clerks of Geor gia and to assist in the organization and preparation of training materials for use in training sessions of clerks or deputy clerks of superior, state, or juvenile courts and to serve as faculty members for such training sessions upon request of the executive board of the Council of Superior Court Clerks of Georgia; (2) Consult with the district administrative judges; (3) Serve as acting clerk of a superior court, in the case of absence or vacancy of the clerk of such superior court when there is no chief deputy clerk or when such absence or vacancy is not otherwise filled pursuant to any provision of Code Sections 15-6-53 through 15-6-56, for not more than 30 days upon appointment by the chief judge of a judicial circuit or the district administrative judge of the judicial administration dis trict in which such county is located; (4) Assist a clerk of the superior court in the performance of such clerk's duties upon request of such clerk specifying the time, place, and duration of such assistance and upon written approval of the executive board of the Council of Superior Court Clerks of Georgia; and

1836

JOURNAL OF THE HOUSE,

(5) Perform such other duties as may be specified by the Governor or the executive board of the Council of Superior Court Clerks of Georgia.
15-6-123. (a) A senior clerk of the superior court shall receive compensation in such amount as shall be agreed to by such senior clerk and the governing authority of the county in which such duties are to be performed for the performance of such senior clerk's duties under this article. (b) Any service rendered or compensation received by a senior clerk under this article shall be excluded in computation of length of service or payment of benefits under Chapter 14 of Title 47.
15-6-124. (a) If a clerk of the superior court becomes eligible for appointment or is appointed sen ior clerk and during such period of eligibility or appointment such senior clerk is elected or appointed to and qualifies for an office of profit or trust under the laws or the Con stitution of the United States or the laws or the Constitution of Georgia, such senior clerk's right to appointment as senior clerk or to continue to hold such an appointment and to draw compensation for that position shall be suspended during the period of time that such person holds such office. Upon ceasing to hold such office such person shall then be entitled to appointment or reappointment as senior clerk with all the obliga tions, rights, and duties of that position. (b) The purpose of this Code section is to permit any clerk of the superior court who may have been appointed senior clerk under this article or who may be eligible for appointment as senior clerk to accept some other office of profit or trust under the laws or the Constitution of the United States or the laws or the Constitution of Georgia with out affecting such person's then existing rights under this article, except to suspend the right to hold that office and receive its salary while holding such other office.
15-6-125. A senior clerk of the superior court shall attend a minimum of 15 hours of approved training, the same being the mandatory training required annually of clerks of the supe rior court. Failure to participate in said training shall result in the senior clerk of the superior court being classified as inactive by the Council of Superior Court Clerks' Exec utive Board and while so classified, the powers, duties, authority, and compensation of said senior clerk of the superior court shall be suspended; provided, however, that upon completion of said training after having been classified as inactive, the senior clerk of the superior court shall be reclassified as an active senior clerk of the superior court."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 97, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 1109. By Representative Streat of the 167th: A resolution designating the Lewis C. Adams, Jr., Bridge.

The following substitute, offered by Representatives Streat of the 167th, Perry of the llth, James of the 140th and Barfoot of the 155th, was read and adopted:

WEDNESDAY, MARCH 6, 1996

1837

A RESOLUTION
Designating the Lewis C. Adams, Jr., Bridge; designating the Carl Savage Peaster, Sr., Highway; designating a portion of Georgia Highway 114 in Chattooga County as the Lieu tenant Colonel Lee Lenderman Memorial Highway; and designating the J. W. "Champ" Harrelson Memorial Bridge; and for other purposes.
Parti
WHEREAS, Lewis C. Adams, Jr., spent his boyhood near Chatterton, Georgia; and
WHEREAS, he answered his county's call to duty in the infantry of the United States Army; and
WHEREAS, he was a Private First Class in Company B, 19th Infantry Regiment, 24th Infantry Division, on October 14, 1951, when his company encountered intense enemy fire near Pyoru, Korea; and
WHEREAS, he volunteered to stay behind, providing cover fire while the other soldiers retreated; and
WHEREAS, he gave his life for his fellow soldiers and in the defense of liberty; and
WHEREAS, for his extraordinary courage, he was posthumously awarded the Silver Star; and
WHEREAS, his family remembers him as a kind man, happiest when he could spend time with his family or help a friend or stranger; and
WHEREAS, he was laid to rest at Chatterton Church, where his parents, two sisters, and a brother also have been laid to rest.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the members of this body designate the bridge on State Route 32 over Otter Creek, near Chatterton, Georgia, as the Lewis C. Adams, Jr., Bridge, in honor of this courageous soldier and devoted family man.
Part II
WHEREAS, Carl Peaster is a distinguished resident of Montezuma, Georgia, who retired after an illustrious 40 year career as a coach and principal; and
WHEREAS, for the past 21 years, he served as principal of Macon County High School where he was loved by the many students who he motivated and inspired to achievement; and
WHEREAS, he was born and raised in Montezuma and graduated from Macon County High School in 1952 where he was a star of the basketball team; and
WHEREAS, as a basketball player, he was a National Hall of Fame nominee, scored 2,000 points in high school, was state tournament MVP, played All-State for three years, was an all-star, and averaged 22 points per game in college; and
WHEREAS, as a basketball coach his accomplishments include: a record of 447 wins, 98 losses, and 37 championships; coaching one Ail-American team, six All-Stars, and numer ous All-States; 26 girls received scholarships; National Coach of the Year runner-up in 1982 and a nomination in 1985; six times regional Coach of the Year; twice Georgia Coach of the Year; and once Southeastern United States Coach of the Year; and
WHEREAS, following his high school graduation he served a 21 month tour of duty with the United States Army, serving in army intelligence; and
WHEREAS, after being honorably discharged, he spent his college years at Georgia Southwestern College and Georgia Southern University; and

1838

JOURNAL OF THE HOUSE,

WHEREAS, after graduating in 1959, he was named head basketball coach and assistant football coach at Jackson High School in Jackson, Georgia; and
WHEREAS, family ties and his love of Montezuma proved stronger than money or posi tion, and he returned to Macon County High School, where he served 11 years as boys' basketball coach and assistant football coach, 21 years as principal, and girls' basketball coach until 1985; and
WHEREAS, he is a prominent member of the First Baptist Church in Montezuma where he serves as deacon and director of the Sunday school; and
WHEREAS, he and his wife, Gail, have three children, Todd, Buddy, and Ginger Avril; two grandchildren; and two step-grandchildren; and
WHEREAS, Carl Peaster, devoted husband, father, and grandfather, dedicated principal, beloved coach, outstanding athlete, and church leader has had an indelible impact on his community and it is abundantly appropriate that a citizen who has contributed so much be recognized by the designation of a highway in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the portion of Georgia Highway 90 from Macon County High School to the city limits is designated as the Carl Savage Peaster, Sr., Highway.
Part III
WHEREAS, Marcus Lee Lenderman was a native of Chattooga County, Georgia, and an outstanding, multi-sport athlete at Chattooga High School from which he graduated in 1969 after setting numerous school records, receiving many awards for superior athletic performance, and being recognized for his leadership; and
WHEREAS, Lee Lenderman not only excelled in athletic competition but also was an out standing scholar and maintained a "straight A" average at Chattooga High School, and he went on to graduate from the University of Georgia in 1975 after lettering in football at that institution for two years; and
WHEREAS, Lee Lenderman thereafter devoted his career and life to serving his nation as an officer in the United States Marine Corps and first reported for duty to Marine Attack Helicopter Squadron 169 at Camp Pendleton, California, in 1978; and
WHEREAS, Lee Lenderman served his country with distinction and pride as a helicopter pilot, rose to the rank of Lieutenant Colonel, and earned numerous commendation and service medals for his outstanding service and devotion to duty before giving his all in the defense of his nation when he was killed while on a nighttime live ammunition helicopter training mission in California in 1993; and
WHEREAS, Lee Lenderman graced his family, community, and country with his courage and leadership, and it is only fitting and proper that his name should be memorialized in his native state and county.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of Georgia Highway 114 in Chattooga County between the intersection of said highway with U.S. Highway 27 and the corporate limits of the Town of Lyerly is designated as the Lieutenant Colonel Lee Lenderman Memorial Highway.
Part IV
WHEREAS, there is a bridge over the Little Ocmulgee River, known locally as Gum Swamp Creek, which separates Wheeler County and Telfair County on Wheeler County Road No. 180; and
WHEREAS, the land upon which such bridge is constructed together with a substantial portion of the right of way of said county road was donated by J. W. "Champ" Harrelson; and

WEDNESDAY, MARCH 6, 1996

1839

WHEREAS, J. W. "Champ" Harrelson was a native son of Georgia, born and reared in Wheeler County, Georgia, where he lived nobly until his death in 1955; and
WHEREAS, there is considerable interest among members of the community around such bridge that it be named in honor of J. W. "Champ" Harrelson.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the bridge over the Little Ocmulgee River, known locally as Gum Swamp Creek, which separates Wheeler County and Telfair County and located in the 1450 G. M. Dis trict of Wheeler County, Georgia, on the right of way of County Road No. 180 be desig nated as the J. W. "Champ" Harrelson Memorial Bridge.
PartV
BE IT FURTHER RESOLVED that the Department of Transportation is directed to pro vide and maintain appropriate signs designating the Lewis C. Adams, Jr., Bridge, the Carl Savage Peaster, Sr., Highway, the Lieutenant Colonel Lee Lenderman Memorial Highway, and the J. W. "Champ" Harrelson Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is autho rized and directed to transmit appropriate copies of this resolution to Ms. Linda Anderson Selph, Mr. Carl Savage Peaster, Sr., the family of Lee Lenderman, Mr. J. W. Harrelson's daughter, Rosa Harrelson Crowe, and the Department of Transportation.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 100, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The Speaker assumed the Chair.

HR 1129. By Representatives Dobbs of the 92nd, Coleman of the 142nd, Buck of the 135th, Hanner of the 159th, Porter of the 143rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law establish a State Land Trust.

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 Alien Y Anderson Y Ashe
Bailey Y Baker Y Bannister Y Barfoot YBargeron Y Barnard Y Barnes
Bates Benefield Y Birdsong Bordeaux Y Bostick YBreedlove Y Brooks, D

Y Brooks, T Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
Campbell Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T

Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G
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 Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Holmes Y Howard
Hudson Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd

1840

JOURNAL OF THE HOUSE,

YLakly YLane
Lawrence
Lee Y Lewis Y Lifsey YLord Y Lucas Y Maddoz
Mann Martin Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J YMosley

Y Mueller O'Neal
Y Orrock YParham
Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Y Ponder Y Porter YPoston
Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay

Y Reaves Y Reichert Y Roberts E Rogers
Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Y Smith, T Y Smith, V
Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F
Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus

Y Towery Y Trense
Tumquest YTwiggs
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 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.

HB 1587. By Representatives Crawford of the 129th, Barnes of the 33rd and Chambless of the 163rd:
A bill to amend Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, so as to provide for the ripening by prescription of tax deed titles after four years from the recordation of the deeds.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, so as to provide for the ripening by prescription of tax deed titles after four years from the recordation of the deeds; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, is amended by striking in its entirety Code Section 48-4-48, relating to ripening of a tax deed title by prescription, and inserting in lieu thereof the following:
"48-4-48. (a) A title under a tax deed properly executed at a valid and legal sale prior to July 1, 1989, shall ripen by prescription after a period of seven years from the date of execu tion of that deed. (b) A title under a tax deed executed on or after July 1, 1989, but before July 1^ 1996, shall ripen by prescription after a period of four years from the execution of that deed. A title under a tax deed properly executed on or after July 1, 1996, at a valid and legal sale shall ripen by prescription after a period of four years from the recordation of that deed in the land records in the county in which said land is located. (c) A tax deed which has ripened by prescription pursuant to any provision of this Code section shall convey, when the defendant in fi. fa. is not laboring under any legal disabil ity, a fee simple title to the property described in that deed, and that title shall vest absolutely in the grantee in the deed or in the grantee's heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term speci fied in this Code section shall begin from the time the disabilities are removed or abated.

WEDNESDAY, MARCH 6, 1996

1841

(d) Notice of foreclosure of the right to redeem property sold at a tax sale shall not be required to have been provided in order for the title to such property to have ripened under subsection (a) or (b) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 447. By Representative Purcell of the 9th: A resolution compensating Mr. Edwin C. Chastain.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 447 by striking from lines 7 and 13 of page 1 the following:
"$797.30",
and inserting in lieu thereof in both such places the following:
"$604.80".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

HR 876. By Representative Jenkins of the 110th: A resolution compensating Ms. Sylvia A. Cone.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 876 by striking from lines 15 and 21 of page 1 the following:
"$15,000.00",
and inserting in lieu thereof in both such places the following:
"$7,500.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

HR 884. By Representative Davis of the 60th: A resolution compensating Ms. Margaret C. Ritchie.

The following amendment was read and adopted:

1842

JOURNAL OF THE HOUSE,

The Committee on Appropriations moves to amend HR 884 by striking from lines 18 and 24 of page 1 the following:
"$11,832.00",
and inserting in lieu thereof in both such places the following:
"$5,000.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

HR 886. By Representative Twiggs of the 8th: A resolution compensating Mr. Gerry A. Mikesell.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 887. By Representatives Royal of the 164th and Greene of the 158th: A resolution compensating Sharon L. Nobles.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 887 by striking from lines 10 and 16 of page 1 the following:
"$894.07",
and inserting in lieu thereof in both such places the following:
"$200.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

HR 902. By Representative Bailey of the 93rd: A resolution compensating Mr. Robert Daniel Hughes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 992. By Representative Stancil of the 91st: A resolution compensating Ms. Pamela Kay Smith.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 992 by striking from lines 22 and 29 of page 1 the following:
"$50,000.00",
and inserting in lieu thereof in both such places the following:
"$1,640.86".

WEDNESDAY, MARCH 6, 1996

1843

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
HR 1006. By Representative Coleman of the 142nd: A resolution compensating Mr. Emmitt T. Lowery, Jr.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1017. By Representative Holland of the 157th: A resolution compensating Mr. Nathaniel A. Blakney.

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 Alien Y Andersen Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes
Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childere Y Coker Y Coleman, B Y Coleman, T
Connell Y Crawford

Y Crews Y Culbreth Y Cuminings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dbron, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley
Y Banner Y Harbin Y Harris 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 Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas Y Maddoi YMann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal YOrrock Y Parham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E 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
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W YSmyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs
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
Woods Y Yates
Murphy, Spkr

On the adoption of the Resolutions, the ayes were 162, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

HR 973. By Representative Barnes of the 33rd: A resolution compensating Mr. Terry Wanzer.

1844

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Anderson
YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux YBostick Y Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson
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 Joyce
YKaye Y Kinnamon
Y Klein YLadd YLakly
Lane
Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
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 YParham

Y Parrish
Y Parsons Y Pelote
Perry Y Pinholster Y Polak Y Ponder
Porter YPoston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts E 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
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 E Taylor
Teague Y Teper Y Thomas YTillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs
Walker, L Y Walker, R.L
Y Wall Y Watson
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 adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 1036. By Representative Smith of the 169th:
A resolution compensating Mr. William E. Smith, the Sheriff of Camden County, and for other purposes.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 1036 by adding between the comma and the word "the" on line 37 of page 2 the following:
"Sheriff Smith has suffered legal expenses totaling $100,000.00 and". By striking from line 42 of page 2 the following:
"$120,308.00". and inserting in lieu thereof the following:
"$100,000.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

WEDNESDAY, MARCH 6, 1996

1845

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe N Bailey
Baker N Bannister N Barfoot N Bargeron
N Barnard Barnes Bates
N Benefield N Birdsong N Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, J N Brush
Buck N Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty N Carter N Chambless
Channell Y Childers N Coker Y Coleman, B Y Coleman, T Y Connell N Crawford

Crews N Culbreth N Cummings Y Davis, G N Davis, M
NDay N DeLoach, B
DeLoach, G NDix Y Dixon, H N Dixon, S
Dobbs NEhrhart N Epps N Evans N Falls Y Felton N Floyd NGodbee
Golden N Goodwin
Y Greene N Grindley
Hanner Harbin N Harris Heard Heckstall Y Hegstrom N Hembree N Henson N Holland N Holmes Howard N Hudson N Hugley

N Irvin
N James N Jamieson N Jenkins N Johnson, G Y Johnson, J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane N Lawrence NLee N Lewis N Lifsey NLord
Lucas N Maddox NMann N Martin N McBee NMcCall N McClinton
McKinney N Mills Y Mobley, B
Mobley, J Y Mosley N Mueller N O'Neal YOrrock
Par ham

Parrish N Parsons N Pelote N Perry N Pinholster NPolak N Ponder N Porter
N Poston Y Powell N Purcell, A N Purcell, B
Randall Y Randolph NRay N Reaves N Reichert
Roberts E Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan
Shaw N Sherrill N Shipp
Y Simpson Sinkfield Skipper
N 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
Snow N Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson
Streat E Taylor
Teague N Teper N Thomas
Tillman
N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L Y Wall Y Watson
Watts N Westmoreland
Whitaker White N Wiles N Williams, B N Williams, J Williams, R Woods
N Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 24, nays 119. The Resolution, having failed to receive the requisite constitutional majority, was lost.

Representative Greene of the 158th stated that he inadverently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1738.

By Representative Coleman of the 142nd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, and Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to transfer cer tain criminal law enforcement functions from the Department of Transporta tion and the Public Service Commission to the Department of Public Safety.

The following substitute, offered by Representative Coleman of the 142nd, was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, and Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to prohibit enforce ment officers or other personnel of the Department of Transportation and the Public Ser vice Commission from enforcing the provisions of Article 9 of Chapter 6 of Title 40,

1846

JOURNAL OF THE HOUSE,

relating to speed restrictions, and from using radar speed detection devices; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by adding at the end of Code Section 32-6-29, relating to enforcement powers of the Department of Transportation, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of this Code section, enforcement officers provided for in this Code section shall be prohibited from enforcing the provisions of Article 9 of Chapter 6 of Title 40, relating to speed restrictions, and from using radar speed detection devices."
SECTION 2. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by adding at the end of Code Section 46-7-28, relating to the Public Service Commission's authority to employ and compensate enforcement personnel, a new subsec tion (c) to read as follows:
"(c) Notwithstanding any other provisions of this Code section, enforcement officers provided for in this Code section shall be prohibited from enforcing the provisions of Article 9 of Chapter 6 of Title 40, relating to speed restrictions, and from using radar speed detection devices."
SECTION 3. Said chapter is further amended by adding at the end of Code Section 46-7-70, relating to the Public Service Commission's authority to employ and compensate enforcement per sonnel, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provisions of this Code section, enforcement officers provided for in this Code section shall be prohibited from enforcing the provisions of Article 9 of Chapter 6 of Title 40, relating to speed restrictions, and from using radar speed detection devices."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck

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 Crawford
Y Crews Culbreth
Y Cummings Y Davis, G Y Davis, M NDay

Y DeLoach, B DeLoach, G Dix
Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans
Falls
Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Hanner Y Harbin Y Harris 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
N Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein

Y Ladd N Lakly Y Lane N Lawrence
Y Lee Y Lewis Y Lifsey Y Lord
Lucas N Maddox
Y Mann Y Martin Y McBee
McCall Y McClinton
McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley Y Mueller

WEDNESDAY, MARCH 6, 1996

1847

Y O'Neal YOrrock YParham
Pairish Y Parsons Y Pelote
Perry Y Pinholster
YPolak Y Ponder Y Porter
YPoston Y PoweU Y PurceU, A Y PurceU, B

YRandall Y Randolph
YRay Y Reaves Y Reichert
Roberts E Rogers Y Royal
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 Y Smith, W
Smyre Y Snelling YSnow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague YTeper Y Thomas Y Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs

Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmorland
Whitaker 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, the ayes were 152, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Supplemental Rules Calendar was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 6, 1996
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 6, 1996, by adding the following:
HB 1192 Annexation; substantial revision of provisions HB 1584 Georgia Aircraft Authority; create HB 1682 Charitable contributions in certain counties; provisions HB 1804 Medical assistance; provider sponsored networks
HR 854 Emergency mgmt, prep, and assist trust fund; auth creation - CA
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /a/ Lee of the 94th
Chairman

The Speaker Pro Tern assumed the Chair.

HB 1804.

By Representative Murphy of the 18th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to authorize the Department of Medical Assistance to contract with provider sponsored net works for the provision of health care services to recipients of medical assist ance.

The following amendment was read and adopted:

Representative Coleman of the 142nd moves to amend HB 1804 by adding after the word "regulation" on line 28 of page 2 the words "with respect to such activities".
By adding between lines 30 and 31 of page 2 the following:

1848

JOURNAL OF THE HOUSE,

"This subsection shall not, however, in any manner exempt from such licensure or regu lation any activities of the provider sponsored network which are not directly related to such contract or which involve the provision of services to persons other than recipients of medical assistance."

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 Alien Y Andersen
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, 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 Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix
Y Diion, H Y Dixon, S YDobbs YEhrhart
YEpps Y Evans Y Falls Y Felton YFloyd YGodbee Y Golden YGoodwin Y Greene
Grindley Y Banner Y Harbin Y Harris Y Heard
HeckstaU 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 YLakly 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 YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert
Roberts E Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague YTeper
Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest YTwiggs Y 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 Y Yates Y Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Mobley of the 69th moved that the following Bill of the House be taken from the table:

HB 560. By Representatives Mobley of the 69th, Randall of the 127th, Hegstrom of the 66th, Polak of the 67th, Hugley of the 133rd and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relating to torts, so as to provide for a right of action for sexual harassment; to provide for definitions; to provide for practices, procedures, and requirements relating to such right of action.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 6, 1996

1849

N Alien Y Anderaon
Y Ashe Bailey
Y Baker N Bannister NBarfoot N Bargeron N Barnard Y Barnes N Bates
Benefield N Birdsong N Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, J N Brush
Buck Y Buckner
NBunn N Burkhalter
YByrd N Campbell Y Canty
Carter Chambless N Channel! Y Childere N Coker N Coleman, B Coleman, T Connell N Crawford

N Crews N Culbreth Y Cummings
Y Davis, G N Davis, M NDay N DeLoach, B
DeLoach, G NDix Y Dixon, H N Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton N Floyd NGodbee N Golden Y Goodwin Y Greene N Grindley N Manner N Harbin N Harris Y Heard Y HeckstaU Y Hegstrom N Hembree Y Henson N Holland Y Holmes
Howard Y Hudson
Y Hugley

NIrvin Y James Y Jamieson N Jenkins N Johnson, G N Johnson, J
N Johnston Y Jones N Joyce NKaye N Kinnarnon N Klein
YLadd YLakly NLane Y Lawrence
Lee N Lewis
N Lifsey Lord 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
Par ham

On the motion, the ayes were 66, nays 88. The motion was lost.

N Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder Y Porter Y Poston
Powell Purcell, A Y Purcell, B YRandall Y Randolph NRay N Reaves N Reichert Y Roberts E Rogers N Royal Sanders N Sauder
Y Scoggins Y Shanahan
Shaw Y Sherrill N Shipp
Y Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W
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 Y Stanley, P Y Stephenson N Streat E Taylor YTeague Y Teper 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

HB 1492.

By Representative Byrd of the 170th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions governing labor and industrial relations, so as to change certain definitions.

The following amendment was read and adopted:

The Committee on Industrial Relations moves to amend HB 1492 by adding before the word "who" on line 33 of page 1 the following:
"and designated as the employer's representative". By adding before the word "information" on line 1 of page 2 the following:
"factual".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

N Alien N Andersen
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, J
Y Brush

1850

JOURNAL OF THE HOUSE,

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 Y Crawford Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls

Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris 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 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 YOrrock
Y Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter

Y Poston
Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves
Y Reichert Roberts
E Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre E Snelling
YSnow

Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
Whi taker 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 159, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1838.

By Representatives Lucas of the 124th, Lee of the 94th, Coleman of the 142nd and Walker of the 141st:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Sports Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Sports Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide prospects.

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 Alien Y Anderson YAshe Y Bailey Y Baker N Bannister YBarfoot Y Bargeron N Barnard YBarnes
Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
Brooks, D Y Brooks, T

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 Y Coleman, B
Coleman, T Connell Y Crawford

N Crews Y Culbreth Y Cummings
Davis, G N Davis, M NDay
DeLoach, B DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans Y Falls Y Felton Y Floyd

Y Godbee Golden
Y Goodwin Y Greene N Grindley
Y Hanner Y Harbin Y Harris
Y Heard Heckstall
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley

Irvin Y James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly YLane N Lawrence YLee Y Lewis

WEDNESDAY, MARCH 6, 1996

1851

N Lifsey YLord Y Lucas N Maddoi NMann Y Martin YMcBee YMcCaU Y McClinton
McKinney N Mills Y Mobley, B
Y Mobley, J Y Mosley Y MueUer Y O'Neal YOrrock YParham

Y Parriah Y Parsons Y Pelote Y Perry Y Pinholster NPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts

E Rogers Y Royal
Sanders Y Sauder Y Scoggins N 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

Smith, W YSmyre E Snelling YSnow Y Stallings
Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery

Y Trense Y Turnquest Y Twiggs
Walker, L Walker, R.L Y Wall 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, the ayes were 125, nays 30. The Bill, having received the requisite constitutional majority, was passed.

HB 1192. By Representatives Royal of the 164th, Bates of the 179th, Smith of the 12th, Mobley of the 86th, Jamieson of the 22nd and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Anno tated, relating to annexation, so as to revise substantially provisions regard ing annexation pursuant to resolution and referendum and annexation by local Act of the General Assembly; to provide for definitions; to provide for annexation standards and requirements.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to provide for the effective date of annexations for ad valorem tax pur poses; to establish procedures applicable to annexation by local Act of the General Assem bly; to provide for a definition; to provide an additional method of annexation for municipalities located in counties having a population of less than 75,000 according to the United States decennial census of 1990 or any future such census; to provide for defini tions; to provide for procedures, conditions, and limitations; to provide for notice and pub lic hearing; to provide for referendum approval of such annexations; to provide for reports on the proposed extension of services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, is amended by striking Code Section 36-36-2, relating to the effective date of annexations, and inserting in its place a new Code Section 36-36-2 to read as follows:
"36-36-2. (a) Except as provided in subsection (b) of this Code section, a*d unless otherwise agreed by joint resolution ef the county governing authority a4 the governing authority ef the municipality annexing land, all annexation shall become effective for ad valorem tax purposes on the kst day ef the calendar quarter December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first day of the month following the month during which the requirements of Article 2^ 3; or 4 of this chapter, whichever is applicable, have been met. (b) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment."

1852

JOURNAL OF THE HOUSE,

SECTION 2. Said chapter is further amended by adding a new article immediately following Article 1, to be designated Article 1A, to read as follows:
"ARTICLE 1A
36-36-15. As used in this article, the term 'used for residential purposes' means any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.
36-36-16. (a) Local Acts of the General Assembly proposing annexation of any area comprised of more than 50 percent by acreage of property used for residential purposes shall be adopted pursuant to the procedures of this article. (b) The author of such legislation shall provide notice to the governing authority of the county as required by Code Section 36-36-6. Such bill may include a requirement for referendum approval of the annexation under such terms and conditions as specified in such local law; provided, however, if the number of residents in the area to be annexed exceeds 3 percent of the population of the municipal corporation or 500 people, which ever is less, as determined by the most recent United States decennial census, referen dum approval shall be required in the area to be annexed. The cost of holding the referendum required by this article shall be paid from funds of the municipality propos ing the annexation."
SECTION 3. Said chapter is further amended by a new article at the end thereof, to be designated Arti cle 7, to read as follows:
"ARTICLE 7
36-36-110. It is declared to be the intention of the General Assembly in enacting this article to pro vide an additional method of annexation for certain municipal corporations. This article is not intended to affect or restrict the present authority of the General Assembly to enact local laws regarding the annexation of any area contiguous to any municipal corpo ration in this state. This article is not intended to limit in any way the authority of the General Assembly to provide alternative methods for extending municipal boundaries.
36-36-111. It is declared to be the policy in this state:
(1) That municipal corporations are created for the purpose of providing local govern mental services and for ensuring the health, safety, and welfare of persons and the protection of property in areas being used primarily for residential, commercial, indus trial, and institutional purposes; (2) That the orderly growth of municipal corporations, based on the need for munici pal services and the ability of the municipal corporation to serve, is essential to the economic progress of the state and to the well-being of its urban citizens; (3) That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and (4) That any areas included within municipal boundaries under this article should receive all services provided by the annexing municipal corporation as soon as possible after coming within its boundaries.
36-36-112. As used in this article, the term:
(1) 'Contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by the width of a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation.

WEDNESDAY, MARCH 6, 1996

1853

(2) 'Municipal corporation' or 'municipality' means any incorporated municipality of this state located wholly or partially within a county with a population of less than 75,000 persons according to the United States decennial census of 1990 or any future such census, except that such term shall not include any municipality within which is located an independent school system. (3) 'Used for residential purposes' refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.
36-36-113. The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the standards of Code Section 36-36-114, under the conditions and procedure provided in this article and in accordance with the procedures provided in Article 1 of this chapter.
36-36-114. A municipal governing body may extend the municipal corporate limits to include any area if the total area to be annexed meets the following standards on the date of the adoption of the resolution:
(1) It must be contiguous to the municipal corporation's boundaries at the time the annexation proceeding is begun; (2) No part of the area shall be included within the boundary of another municipal corporation or county; and (3) It must contain at least 50 residents of the county or an amount of residents equivalent to at least 2 percent of the population of the municipality, whichever is less.
36-36-115. (a) A municipal corporation initiating an annexation under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-36-116, shall prepare a report setting forth its plans to provide services to such area. (b) The report required in subsection (a) of this Code section shall include:
(1) A map or maps of the municipal corporation and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this subsection, and the gen eral land use pattern in the area to be annexed; (2) A statement showing that the area to be annexed meets the requirements of Code Section 36-36-114; and (3) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipal ity at the time of annexation. (c) The plans required in subsection (a) of this Code section shall: (1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable, effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines; (2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions; (3) If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls; and

1854

JOURNAL OF THE HOUSE,

(4) Set forth the methods under which the municipal corporation plans to finance extension of services into the area to be annexed.
36-36-116. (a) Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation. The date for the pub lic hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall:
(1) Fix the date, hour, and place of a public hearing; (2) Describe clearly the boundaries of the area under consideration; and (3) State that the report required in Code Section 36-36-115 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of the public hearing. If there is no such newspaper, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hear ing. (b) At least 14 days before the date of the public hearing provided for in subsection (a) of this Code section, the governing body shall approve the report provided for in Code Section 36-36-115 and shall make it available to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution. (c) At the public hearing provided for in subsection (a) of this Code section, a represen tative of the municipal corporation shall first make an explanation of the report required by Code Section 36-36-115. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all resi dents of the municipality shall be given an opportunity to be heard.
36-36-117. A municipal corporation initiating an annexation pursuant to this article shall issue a call for a referendum to ratify or reject the adoption of the annexation resolution. The referendum shall be held not less than 30 days nor more than 60 days after the date of the public hearing required by Code Section 36-36-116 and shall only be held on a date authorized under Code Section 21-3-52. The referendum shall be held, insofar as possible, under the procedures set forth in Chapter 3 of Title 21 for municipal special elections. Only those persons registered to vote for members of the General Assembly residing, on the date of the adoption of the resolution, in the proposed area to be annexed and those persons residing in the corporate limits of the municipality seeking to annex such area shall vote in the referendum. If a majority of those voting in such area and if a majority of those voting in such municipality vote in favor of annexation, the area shall become a part of the corporate limits of the municipality, following adop tion of an ordinance annexing such property. Otherwise, a period of two years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this article or by local law. The cost of holding the referendum required by this article shall be paid from funds of the municipality proposing the annexation.
36-36-118. Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the mayor of the municipal corporation to cause an identi fication of the annexed territory to be filed with the Secretary of State and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3.
36-36-119.

WEDNESDAY, MARCH 6, 1996

1855

Any municipal corporation to which property is to be annexed pursuant to this article is authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study and annexation of unincorporated territory adjacent to the municipal corporation. In addition, following final passage of the annexation ordinance, the annexing municipal corporation shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in an effective and expeditious manner."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Royal of the 164th and Lee of the 94th, was read and adopted:

A BILL
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to provide for the effective date of annexations for ad valorem tax pur poses; to establish procedures applicable to annexation by local Act of the General Assem bly; to provide for a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, is amended by striking Code Section 36-36-2, relating to the effective date of annexations, and inserting in its place a new Code Section 36-36-2 to read as follows:
"36-36-2. (a) Except as provided in subsection (b) of this Code section, a*d unless otherwise agreed fey joint resolution ef-the county governing authority and- the governing authority ef the municipality annexing land, all annexation shall become effective for ad valorem tax purposes on the test day ef the calendar quarter December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first day of the month following the month during which the requirements of Article 2^ 3j or 4 of this chapter, whichever is applicable, have been met. (b) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment."
SECTION 2. Said chapter is further amended by adding a new article immediately following Article 1, to be designated Article 1A, to read as follows:
"ARTICLE 1A
36-36-15. As used in this article, the term 'used for residential purposes' means any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.
36-36-16. (a) Local Acts of the General Assembly proposing annexation of any area comprised of more than 50 percent by acreage of property used for residential purposes shall be adopted pursuant to the procedures of this article. (b) The author of such legislation shall provide notice to the governing authority of the county as required by Code Section 36-36-6. Such bill may include a requirement for referendum approval of the annexation under such terms and conditions as specified in such local law; provided, however, if the number of residents in the area to be annexed

1856

JOURNAL OF THE HOUSE,

exceeds 3 percent of the population of the municipal corporation or 500 people, which ever is less, as determined by the most recent United States decennial census, referen dum approval shall be required in the area to be annexed. The cost of holding the referendum required by this article shall be paid from funds of the municipality propos ing the annexation."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

NAUen N Anderson 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 N Brooks, T Y Brown, J Y Brush YBuck N Buckner
YBunn Y Burkhalter YByrd Y Campbell
N Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell Y Crawford

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M NDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs YEhrhart NEpps
Evans Y Falls
Y Felton N Floyd YGodbee
Golden Y Goodwin
Y Greene N Grindley Y Manner Y Harbin Y Harris N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard Y Hudson N Hugley

Ylrvin N James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey NLord Y Lucas Y Maddox YMann N Martin
McBee N McCall
N McClinton 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 N Polak Y Ponder Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B NRandall
Randolph YRay Y Reaves N Reichert N Roberts E Rogers Y Royal
Sanders N Sauder Y Scoggins Y Shanahan
Shaw 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 N Smith, V

Y Smith, W N Smyre E Snelling YSnow N Stallings
Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat E Taylor
Teague YTeper N Thomas N Tillman Y Titus Y Towery
Y Trense N Turnquest Y Twiggs
Walker, L
N 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 YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 116, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Day of the 153rd moved that the House reconsider its action in giving the requisite constitutional majority to HB 1192.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
N Ashe N Bailey
Baker N Bannister

N Barfoot N Bargeron N Barnard
N Barnes N Bates N Benefield

N Birdsong Bordeaux Bostick
N Breedlove N Brooks, D Y Brooks, T

Y Brown, J N Brush NBuck Y Buckner N Bunn N Burkhalter

NByrd N Campbell
Y Canty N Carter
N Chambless N Channell

WEDNESDAY, MARCH 6, 1996

1857

N Guilders N Coker N Coleman, B
Coleman, T Connell N Crawford N Crews N Culbreth Y Cummings
Y Davis, G N Davis, M NDay N DeLoach, B
DeLoach, G
NDii Y Dixon, H N Dixon, S N Dobbs NEhrhart
YEpps N Evans
N Falls N Felton N Floyd NGodbee
Golden NGoodwin N Greene N Grindley N Manner

N Harbin
N Harris Heard Heckstall
Y Hegstrom N Hembree Y Henson
Holland Y Holmes
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 NLakly NLane N Lawrence NLee N Lewis

N Lifsey NLord
Lucas N Maddox NMann Y Martin N McBee Y McCall Y McClinton
McKinney N Mills Y Mobley, B
N Mobley, J N Mosley N Mueller N O'Neal YOrrock NParham
Parrish
N Parsons Pelote
N Perry
N Pinholster YPolak N Ponder
N Porter
Poston N Powell N Purcell, A N Purcell, B

On the motion, the ayes were 39, nays 114. The motion was lost.

YRandall Randolph
NRay
N Reaves Y Reichert
Y Roberts E Rogers N Royal
Sanders Y Sauder
Scoggins N Shanahan
Shaw N SherriU N Shipp Y Simpson Y 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 YSmyre E Snelling NSnow Y Stallings N Stancil, F

N Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat E Taylor
Teague YTeper
Thomas YTillman N Titus N Towery N Trense Y Turnquest NTwiggs N Walker, L Y 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

The Speaker assumed the Chair.

HB 1584. By Representatives Coleman of the 142nd and Benefield of the 96th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Aircraft Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
YAshe Y Bailey
Baker N Bannister
YBarfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, J Y Brush YBuck 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 Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps

Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden
N Goodwin Y Greene
Grindley Manner Y Harbin N Harris Y Heard Heckstall Y Hegstrom N 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 N Johnston Y Jones
Joyce NKaye Y Kinnamon Y Klein YLadd NLakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas N Maddox NMann 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 YParham Y Parrish Y Parsons Y Pelote Y Perry
N Pinholster YPolak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert

1858
Y Roberts E Rogers Y Royal
Sanders Y Sauder Y Scoggins
Shanahan YShaw Y Sherrill YShipp Y Simpson

JOURNAL OF THE HOUSE,

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 E Snelling

YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper

Y Thomas YTillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Walker, L
Walker, R.L
Y Wall Y Watson

Y Watts N Westmorland
Whitaker Y White
Y Wiles
Y Williams, B
N Williams, J
Y Williams, R
N Woods
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 142, nays 19. The Bill, having received the requisite constitutional majority, was

The following Resolution of the House, having been previously read was again taken up for consideration:

HR 854. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd, Snow of the 2nd, Bailey of the 93rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an emergency manage ment, preparedness, and assistance trust fund for enumerated purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe
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 Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhaiter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel!
Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

N Crews Y Culbreth Y Cummings
Y Davis, G N Davis, M YDay Y DeLoach, B
DeLoach, G NDix Y Diion, H
Y DUon, S Y Dobbs
Ehrhart YEpps N Evans N Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin N Harris
Heard Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley

N Irvin Y James Y Jamieson Y Jenkins Y Johnson, G N Johnson, J N Johnston N Jones
Joyce
NKaye Y Kinnamon Y Klein NLadd N Lakly YLane N Lawrence YLee N Lewis Y Lifsey YLord Y Lucas N Maddox NMann Y Martin
Y McBee Y McCall
McClinton McKinney N Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts E Rogers Y Royal
Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W Y Smyre E Snelling YSnow Y Stallings Y Stancil, F N Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas YTillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L
Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland
Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

WEDNESDAY, MARCH 6, 1996

1859

On the adoption of the Resolution, by substitute, as amended, the ayes were 135, nays 29.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

HB 1440.

By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd, Snow of the 2nd, Bailey of the 93rd and others:
A bill to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the creation of the Emergency Management, Preparedness, and Assistance Trust Fund.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the creation of the Emergency Management, Preparedness, and Assistance Trust Fund; to provide for biennial reports; to provide for a declaration of legislative intent; to provide for funding; to provide for allocation of trust funds; to pro vide for exceptions to allocation; to provide for the acceptance of grants, gifts, and loans; to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to provide for the receipt of surcharges by the Commissioner of Insurance; to provide that the Commissioner of Insurance shall compare information regarding policies with remittances; to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide for the imposition of surcharges on certain property insurance policies; to provide for a declaration of legislative intent; to provide for collection and allocation of those surcharges to the Emergency Management, Preparedness, and Assistance Trust Fund; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, is amended by adding a new subsection (g) to Code Section 38-3-20, relating to the creation, operation, and management of the Georgia Emergency Management Agency, to read as fol lows:
"(g) Beginning in 1997, the director of emergency management shall report biennially to the President of the Senate, the Speaker of the House of Representatives, and the Governor, no later than February 1 of every odd-numbered year, the status of the emer gency management capabilities of the state and its political subdivisions and the balance contained in the Emergency Management, Preparedness, and Assistance Trust Fund."
SECTION 2. Said article is further amended by adding new Code Sections 38-3-37, 38-3-38, and 38-3-39, to read as follows:
"38-3-37.
It is the intent of the General Assembly and declared to be the policy of the state that funds to be prepared for and meet emergencies affecting the citizens of Georgia shall be available. In furtherance of such intent, there is created the Emergency Management, Preparedness, and Assistance Trust Fund to be administered by the Georgia Emergency Management Agency. The Emergency Management, Preparedness, and Assistance Trust

1860

JOURNAL OF THE HOUSE,

Fund shall be funded exclusively by surcharges on property insurance policies as pro vided for in Code Sections 33-32-6 and 33-32-7.
38-3-38.
(a) Funds from the Emergency Management, Preparedness, and Assistance Trust Fund shall be allocated by the Georgia Emergency Management Agency as follows:
(1) Sixty percent to implement and administer state and local emergency management programs, including but not limited to training programs, of which 20 percent shall be used by the Georgia Emergency Management Agency itself and 80 percent shall be allocated to local emergency management organizations, agencies, and programs; (2) Twenty percent to provide for:
(A) State relief assistance for nonfederally declared disasters in accordance with rules and regulations promulgated by the Georgia Emergency Management Agency; and (B) State matching funds required to obtain federal disaster assistance in cases of presidentially declared disasters; and (3) Twenty percent for grants and loans to state or regional organizations and agen cies, local governments, and private organizations to implement projects that will fur ther state and local emergency management objectives as defined by the Georgia Emergency Management Agency. These projects shall include, but are not limited to, projects that will promote public education on disaster preparedness, mitigation, and recovery issues, enhance coordination of relief efforts of state-wide private sector orga nizations, and improve the training and operations capabilities of organizations assigned lead or support responsibilities by the Georgia Emergency Management Agency. The Georgia Emergency Management Agency shall establish criteria and pro cedures for competitive allocation of these funds by appropriate rules and regulations. No more than 5 percent of any award made pursuant to this paragraph may be used for administrative expenses. (b) The distribution formula provided in subsection (a) of this Code section may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. (c) The Georgia Emergency Management Agency shall allocate funds from the Emer gency Management, Preparedness, and Assistance Trust Fund, as provided in paragraph (1) of subsection (a) of this Code section, to local emergency management organizations, agencies, and programs pursuant to criteria specified in rules and regulations to be adopted by the Georgia Emergency Management Agency. Such rules and regulations shall include, but are not limited to, the following: (1) A specific formula that establishes a base grant allocation and weighted factors for funds to be allocated in excess of the base grant amount; (2) Specific matching fund requirements; and (3) Preferential funding to create incentives for counties and municipalities to partici pate in mutual aid agreements. (d) If adequate funds are available as determined by the Georgia Emergency Manage ment Agency, every county shall receive funds at least sufficient to fund a full-time, dedicated, emergency management director position.
38-3-39.
(a) It is the intent of the General Assembly that the first recourse shall be to funds reg ularly allocated from the Emergency Management, Preparedness, and Assistance Trust Fund to state and local emergency organizations and agencies. (b) Nothing in this Code section shall be construed to limit the authority of the Gover nor to apply for, administer, and expend any grants, gifts, or payments from any source, in aid of emergency prevention, mitigation, preparedness, response, or recovery.
(c)(l) Whenever the federal government or any agency or officer thereof offers to the state or through the state to any political subdivision of the state any services, equip ment, supplies, materials, or funds by way of gift, grant, or loan for the purpose of emergency management, the state, acting through the Georgia Emergency Manage ment Agency, or such political subdivision, acting with the consent of the Governor or the Governor's authorized representative, may accept such offer.

WEDNESDAY, MARCH 6, 1996

1861

(2) Whenever any person, firm, corporation, partnership, or other legal entity offers to the state or to any political subdivision of the state any services, equipment, sup plies, materials, or funds by way of gift, grant, loan, or other agreement for the pur pose of emergency management, the state, acting through the Georgia Emergency Management Agency, or such political subdivision, acting through its governing authority or a local emergency management organization, may accept such offer."
SECTION 3. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Depart ment and Commissioner of Insurance, is amended by adding a new Code Section 33-2-29.1 to read as follows:
"33-2-29.1.
Notwithstanding the provisions of Code Section 33-2-29, the Commissioner is authorized and required to receive the surcharges collected by insurers in accordance with Code Sections 33-32-6 and 33-32-7 and to remit such funds to the Georgia Emergency Man agement Agency for deposit in the Emergency Management, Preparedness, and Assist ance Trust Fund. The Commissioner shall audit receipts by comparing information submitted to the department regarding the issuance and renewal of policies subject to the surcharges with the funds remitted by insurers and shall provide an annual report to the Governor and the Georgia Emergency Management Agency regarding remittance of surcharges."
SECTION 4. Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, is amended by adding at the end thereof new Code sections to be designated Code Sections 33-32-6 and 33-32-7 to read as follows:
"33-32-6.
It is declared to be the purpose and intent of the General Assembly that: (1) There shall be annual surcharges levied on certain residential and commercial policies of insurance as provided in Code Section 33-32-7; and (2) The entire proceeds of these surcharges shall be used to fund the Emergency Management, Preparedness, and Assistance Trust Fund created in Code Section 38-3-37.
33-32-7.
(a)(l) There shall be imposed an annual surcharge of $2.00 per policy on every insur ance policy insuring against direct loss to residential real property or the contents thereof, as defined and limited in standard fire policies as approved by the Commis sioner of Insurance, including but not limited to, homeowner's, renter's or tenant's, and condominium unit owner's insurance policies. (2) There shall be imposed an annual surcharge of $4.00 per policy on every commer cial fire, commercial general peril, and business owner's property insurance policy, (b) This surcharge shall be paid by the policyholder to the insurer upon the purchase or renewal of a policy of insurance. Upon purchase or renewal of a policy extending for a period longer than one year, the amount of the surcharge shall be multiplied by the number of years of the term of the policy. No policy of insurance specified in this Code section shall be issued if such surcharge is not paid, and nonpayment of the surcharge is a valid reason for cancellation of a policy of insurance. The insurer shall collect the surcharge and remit quarterly all amounts collected in the immediately preceding quar ter to the Commissioner of Insurance, who shall collect, administer, audit, and enforce the surcharge pursuant to Chapter 2 of Title 33. All surcharges so levied and received shall be deposited in the Emergency Management, Preparedness, and Assistance Trust Fund."
SECTION 5. This Act shall become effective only if an amendment to the Constitution of this state to authorize the creation and funding of the Emergency Management, Preparedness, and

1862

JOURNAL OF THE HOUSE,

Assistance Trust Fund is duly ratified by the voters at the general election conducted in 1996 and becomes effective January 1, 1997. If such a constitutional amendment is not rat ified by the voters at the general election conducted in 1996, this Act shall be void and of no effect and shall stand repealed in its entirety on January 1, 1997.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Sauder of the 29th moves to amend the Committee substitute to HB 1440 by adding on line 41 of page 3 immediately following the word "county" the following:
"and certain municipalities which as of December 31, 1993, have established a local organization for emergency management in accordance with the state emergency man agement plan and program".

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 Alien Y Anderson
YAshe Y Bailey Y Baker N Bannister
YBarfoot Y Bargeron Y Barnard
N Barnes Y Bates Y Benefield Y Birdsong
Bordeaux YBostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner N Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Cbambless Y Channell Y Childere Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Culbreth
Y Cummings
Davis, G N Davis, M
YDay Y DeLoach, B
DeLoach, G
NDii Y DUon, H Y Dixon, S Y Dobbs
Ehrhart YEpps N Evans N Falls Y Felton Y Floyd
Godbee Y Golden YGoodwin
Y Greene Y Grindley Y Banner Y Harbin N Harris
Heard Hecks tall Y Hegstrom N Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson
Hugley

Irvin Y James Y Jamieson Y Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones
Joyce NKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee N Lewis Y Lifsey YLord Y Lucas N Maddox NMann Y Martin Y McBee YMcCall
McClinton
McKinney N Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
YOrrock YParham

Y Parrish Y Parsons
Y Pelote Y Perry N Pinholster Y Polak
Y Ponder Y Porter YPoston
Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
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

Y Smith, W YSmyre E Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery YTrense Y Turnquest YTwiggs Y Walker, L
Walker, R.L
YWall Y Watson Y Watts Y Westmorland
Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R N Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

WEDNESDAY, MARCH 6, 1996

1863

HB 1682. By Representatives Orrock of the 56th, Irvin of the 45th, Baker of the 70th and Klein of the 39th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions of local government law applicable to counties only, so as to provide procedures for a governing authority of a county with a population of 400,000 or more to appropriate money for and make grants or contributions to charitable organizations with activities in the county.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to gen eral provisions of local government law applicable to counties only, so as to provide proce dures for a governing authority of a county with a population of 400,000 or more to appropriate money for and make grants or contributions to charitable organizations with activities in the county; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions of local government law applicable to counties only, is amended by striking Code Section 36-1-19, relating to appropriations for charitable grants or contributions in coun ties with more than 550,000 population, and inserting in lieu thereof the following:
"36-1-19. Reserved.
\&)--iR ftil CtHHltlCS Or 11113 StfltC nflVlfl^ ft pOpUlfttlOR Or 1WOP6 111fln OtHTjvHJU 8CCOPQ 1H T
tnc Onitecx otftwis u&cfMinifll census of itri u OP flny iui"urc sucfi census > tftc OvcFHiu authoritica ef- such counties are authorized te provide by ordinance fer the appropriattert ef meey for and the making ef- grants or contributions te a*y corporation, association, institution, er individual for purely charitable purposes, provided that the activities
saefe grant ef contribution. (b) In connection with the appropriation ef money for er the making ef ny grant er

tfiG ppoccciurcs oy wriicii such pftnts OP cont-fi Dutions &PC mftd^ duo. to QCtvisc trie ^[ovcrmn^ flutnontics or sucn counties ^enerfliiy witn rcspGct/ v& sucn ^rfints of contributions."
SECTION 2. Said chapter is further amended by adding immediately preceding Code Section 36-1-20, relating to ordinances for governing and policing of unincorporated areas of a county, a new Code section to read as follows:
"36-1-19.1. (a) In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authori ties of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, institution, or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution.

1864

JOURNAL OF THE HOUSE,

(b) In connection with the appropriation of money for or the making of any grant or contribution for purely charitable purposes, the governing authority of any county within this state may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the gov erning authorities of such counties generally with respect to such grants or contributions. (c) For the purpose of this Code section, 'purely charitable purposes' shall mean charita ble, benevolent, philanthropic, patriotic, or eleemosynary purposes for health, education, social welfare, arts and humanities, environmental, civic, or public interest organiza tions."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Orrock of the 56th, Irvin of the 45th and Klein of the 39th, was read:

A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to gen eral provisions of local government law applicable to counties only, so as to provide proce dures for a governing authority of a county with a population of 400,000 or more to appropriate money for and make grants or contributions to charitable organizations with activities in the county; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions of local government law applicable to counties only, is amended by striking Code Section 36-1-19, relating to appropriations for charitable grants or contributions in coun ties with more than 550,000 population, and inserting in lieu thereof the following:
"36-1-19. Reserved.
the United ototes dccenniQi census of ly/u of ftny future sueft census, two ^ovefning authorities ef such counties ate authorized te provide fey ordinance for the appropriation ef- money tot and the making ef- grants er contributions te any corporation, association, institution, er- individual tor pwely charitable purpoaca, provided that the activities tundcd oy ftny such ^jpflnts of contri Duttons sftftii tflK& piftce within DUG county mulling seh g*ant or contribution. (b) In connection with the appropriation of meney lei er the making of any grant -or eontPiDution tof purely enftr11ftf)ie purposes, trie govcmin^f QUthor11y of ony county within this stflte moy estfl ulish such Dosrds or councils fts rt HIfly determine to estfluiish the procedures i&y which such gpflnts OP contributions ctfe mflde ftnd to ddvisc the ovcpnin^ QUthofitic9 of such counties enerfliiy with respect to such grcints or contributions."
SECTION 2. Said chapter is further amended by adding immediately preceding Code Section 36-1-20, relating to ordinances for governing and policing of unincorporated areas of a county, a new Code section to read as follows:
"36-1-19.1. (a) In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authori ties of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association,

WEDNESDAY, MARCH 6, 1996

1865

institution, or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution. (b) In connection with the appropriation of money for or the making of any grant or contribution for purely charitable purposes, the governing authority of any county within this state may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the gov erning authorities of such counties generally with respect to such grants or contributions. (c) Appropriations, grants, and contributions made pursuant to this Code section shall be in the form of contracts for services. (d) For the purpose of this Code section, 'purely charitable purposes' shall mean chari table, benevolent, philanthropic, patriotic, or eleemosynary purposes for health, educa tion, social welfare, arts and humanities, environmental, civic, or public interest organizations."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Davis of the 60th and Bannister of the 77th move to amend the Floor substitute to HB 1682 as follows:
Add section (e) line 37 as follows:
(e) No funds may be appropriated, granted or contributed hereunder for the purpose of encouraging, depicting, or promoting behavior which would violate the laws of this State.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe Y Bailey N Baker Y Bannister
Barfoot
Bargeron Y Barnard Y Barnes
Bates Y Benefield N Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush
Buck Y Buckner Y Bunn Y Burkhalter
YByrd Campbell
N Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B

N Coleman, T N Connell Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix N Dixon, H Y Dixon, S Y Dobbs
Ehrhart
NEpps Y Evans Y Falls Y Felton N Floyd N Godbee Y Golden YGoodwin Y Greene Y Grindley N Hanner Y Harbin Y Harris N Heard
Heckstall N Hegstrom Y Hembree

N Henson Y Holland N Holmes Y Howard Y Hudson
N Hugley Ylrvin 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 N McBee N McCall
McClinton

McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal N Orrock YParham N Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak N Ponder Y Porter
Poston N Powell Y Purcell, A Y Purcell, B NRandall N Randolph YRay Y Reaves Y Reichert N Roberts E Rogers N Royal
Sanders
Y Sauder N Scoggins Y Shanahan

Shaw Y Sherrill Y Shipp N Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W NSmyre E Snelling YSnow N Stalling N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson Y Streat E Taylor
Teague N Teper N Thomas N Tillman
Y Titus Y Towery
Y Trense N Turnquest YTwiggs

1866

JOURNAL OF THE HOUSE,

N Walker, L Walker, R.L
Y Wall

N Watson Watts
Y Weatmoreland

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 105, nays 52. The amendment was adopted.

The following amendment was read and adopted:

Representatives Walker of the 141st and Orrock of the 56th move to amend the Floor sub stitute to HB 1682 as follows:
By deleting the word "patriotic" on line 34, page 2 and by adding the word "or" after the word "environmental" on line 36, page 2 and by deleting ", or public interest" on line 36, page 2.

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 Alien Y Anderson
YAshe Y Bailey Y Baker N Bannister YBarfoot 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, J N Brush YBuck Y Buckner N Bunn N Burkhalter YByrd
Campbell
Y Canty Y Carter
Chambless Y Channell
Y Childers Y Coker N Coleman, B N Coleman, T Y Connell N Crawford

N Crews Y Culbreth N Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G NDii Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden N Goodwin Y Greene N Grindley
Y Banner Y Harbin N Harris 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 N Jenkins Y Johnson, G N Johnson, J N Johnston Y Jones
Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly NLane N Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin Y McBee
McCall Y McClinton
McKinney
N Mills Mobley, B
Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock YParham

N Parrish Y Parsons Y Pelote Y Perry N Pinholster YPolak Y Ponder N Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E 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 YSmyre E Snelling YSnow Y Stalling!
Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
YTeague Y Teper Y Thomas Y Tillman Y Titus Y Towery N Trense
Turnquest Y Twiggs Y Walker, L
Walker, R.L Y Wall
Y Watson Y Watts N Westmoreland
Whitaker Y White
N Wiles 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 115, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

WEDNESDAY, MARCH 6, 1996

1867

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 843 Do Pass, by Substitute
Respectfully submitted, /a/ Royal of the 164th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 843. By Representative McKinney of the 51st:
A bill to amend an Act creating county building authorities in certain coun ties with populations of 550,000 or more, so as to define the term "project"; to prohibit the issuance of bonds by such authority for purposes other than a project for a juvenile court facility.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating county building authorities in certain counties with populations of 550,000 or more, approved April 2, 1980 (Ga. L. 1980, p. 4488), as amended, particularly by an Act approved April 14, 1982 (Ga. L. 1982, p. 5031), so as to define the term "project"; to prohibit the issuance of bonds by such authority for purposes other than a project for a juvenile court facility; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating county building authorities in certain counties with populations of 550,000 or more, approved April 2, 1980 (Ga. L. 1980, p. 4488), as amended, particularly by an Act approved April 14, 1982 (Ga. L. 1982, p. 5031), is amended by inserting following subsec tion (c) of Section 3 a new subsection to read as follows:
"(c.l) Effective July 1, 1996, the word 'project' shall mean only a building or facility intended for use as a juvenile court facility."
SECTION 2. Said Act is further amended by striking paragraphs (9) and (10) of Section 4 and inserting in lieu thereof new paragraphs (9), (10), and (11) to read as follows:
"(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) Notwithstanding any other provisions of this Act, effective July 1, 1996, no bonds shall be issued by the Authority for any project other than the construction of a juve nile court facility. Nothing in this paragraph shall affect the validity of any bonds or obligations issued by the Authority prior to July 1, 1996; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act."

1868

JOURNAL OF THE HOUSE,

SECTION 3. This Act shall become effective July 1, 1996.
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 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 7, 1996

1869

Representative Hall, Atlanta, Georgia Thursday, March 7, 1996

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 former Governor Joe Frank Harris, Cartersville, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1875. By Representatives Felton of the 43rd, Burkhalter of the 41st, Trense of the 44th, Irvin of the 45th and Williams of the 63rd: A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Anno tated, relating to organization of county government, so as to require that county commissioners in certain counties having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census appear at certain public meetings or have their compensation reduced.
Referred to the Committee on State Planning & Community Affairs.
HB 1876. By Representative Simpson of the 101st: A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Anno tated, relating to the crimes of sexual assault against a person in custody, sexual assault against a person detained or who is a patient in a hospital or other institution, and sexual assault by a practitioner of psychotherapy against a patient, so as to change the definition of the term "sexual contact".
Referred to the Committee on Judiciary.

1870

JOURNAL OF THE HOUSE,

HB 1880. By Representatives Mann of the 5th, Kinnamon of the 4th and Lifsey of the 6th:
A bill to increase the homestead exemption from Whitfield County ad valo rem taxes for county purposes and provide for conditions and procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1196. By Representative McKinney of the 51st:
A resolution urging the City of Atlanta and the Atlanta Committee for the Olympic Games to name the Olympic Stadium in honor of Henry Aaron.
Referred to the Committee on State Planning & Community Affairs.

HR 1197. By Representative Sinkfield of the 57th:
A resolution urging the Metropolitan Atlanta Rapid Transit Overview Com mittee to examine the financial needs and means of meeting such needs in light of MARTA's mature operating status.
Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1868 HB 1869 HB 1870 HB 1871 HB 1872 HB 1873 HB 1874 HB 1877
flij J.O / o
HB 1879
SScSBBoB 55K532O33O89 SB 664 SB 677 SB 679 SB 709 SB 710 SB 711

SB 717 SB 742 SB 743 SB 749 SB 750 SB 751 SB 755 go Y5g

CR 7f^7

CO

rjf-Q

saoBn T77C65/94I SB 765 SB 766 SB 769 SR 515 SR 556 SR 567

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 Res olution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1010 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman

THURSDAY, MARCH 7, 1996

1871

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 1378 Do Pass HB 1631 Do Pass HB 1844 Do Pass HB 1855 Do Pass HB 1856 Do Pass HB 1857 Do Pass HB 1858 Do Pass HB 1859 Do Pass

HB 1860 Do Pass HB 1861 Do Pass HB 1862 Do Pass HB 1863 Do Pass HB 1865 Do Pass HB 1866 Do Pass HB 1867 Do Pass, as Amended SB 642 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 7, 1996
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enu merated below:
SB 304 Macon Water Commissioners Pension Plan - increase cert, benefits (Brown of the 26th)
SB 415 Central of Ga. Railroad Shops Complex - official railroad museum (Johnson of the 1st)
SB 492 Banks - interstate acquisition by other banks, holding cos. (Turner of the 8th)
SB 508 Cruelty to Children - parent's consent for body piercing (Tysinger of the 41st)
SB 553 Elec., Contract., Plumbers, etc. - cert, terms, licensing (Henson of the 55th)
SB 554 Lead Poisoning Prevention - cert, duties of environ, protec. div. (Henson of the 55th)
SB 586 Outdoor Advertising - depiction of obscene material prohibited (Bowen of the 13th)
SB 597 Telephone, Telegraph, Cable Serv.- attempting to avoid charges (Clay of the 37th)
SB 672 Savannah State College; create certain advisory board (Johnson of the 2nd)
SB 675 Corrections Commissioner - cert, contracting authority (Taylor of the 12th)
SR 228 Island Prop. Located in Cert. Indus. Area - removal (CA) (Johnson of the 1st)
SR 384 Purple Heart Highway - designate (Guhl of the 45th)

1872

JOURNAL OF THE HOUSE,

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1378.

By Representatives Burkhalter of the 41st and Campbell of the 42nd:
A bill to amend an Act increasing the homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are dis abled or 65 years of age or over, so as to change a definition.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1631. By Representatives Davis of the 48th, Holmes of the 53rd and Heckstall of the 55th:
A bill to amend the "Atlanta Enterprise Zone Act," so as to change the pro visions relating to the duration of zones created for residential purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1844. By Representative Davis of the 48th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the provisions regarding the minimum acreage within certain such zones.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1855.

By Representative Carter of the 166th:
A bill to amend an Act creating the Board of Education of Berrien County, so as to change the description of the districts from which members of such board are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1856. By Representatives Anderson of the 116th and DeLoach of the 119th:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to increase the salary of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1857.

By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to require abstention from voting under certain circumstances.

THURSDAY, MARCH 7, 1996

1873

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1858.

By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide that the mayor of the City of Lithia Springs, and not a designee of the mayor, shall be an ex officio mem ber of the authority board of directors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1859. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of determining whether each of the five members of the Bartow County Board of Education should reside in a single-member education district and be elected by the voters residing only in that education district or should reside in a single-member education dis trict and be elected by the voters of the entire Bartow County School Dis trict.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1860. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for the board of edu cation of Douglas County, so as to provide for compensation of members.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1861. By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the reimbursement of the members of said board of commissioners for travel expenses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1862. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Yates of the 106th and Epps of the 131st:
A bill to create the City of Grantville Utilities Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1863. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to change the term of office of the solicitor of said court.

1874

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1865.

By Representatives Polak of the 67th, Teper of the 61st, Baker of the 70th, Randolph of the 72nd, Mobley of the 69th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the corporate limits of the City of Decatur.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1866. By Representatives Dixon of the 150th, Thomas of the 148th, Pelote of the 149th and Bordeaux of the 151st:
A bill to amend an Act relating to the school system of the City of Savannah and County of Chatham, so as to provide that the members of the board of education shall be nominated and elected on a nonpartisan basis.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1867. By Representatives Hembree of the 98th and Snelling of the 99th: A bill to provide a new charter for the City of Lithia Springs.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB 1867 by striking Section 2.14 in its entirety and inserting in lieu thereof the following:
"SECTION 2.14. Compensation and expenses.
Compensation and expenses for the mayor and councilmembers shall be set by ordinance in accordance with Chapter 35 of Title 36 of the O.C.G.A. Compensation for the city clerk, treasurer, and city attorney shall be set by ordinance."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

SB 642. By Senator Egan of the 40th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended.

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:

Alien Y Andersen Y Ashe

Bailey Baker Y Bannister

Barfoot Y Bargeron Y Barnard

Y Barnes Bates Benefield

Y Birdsong Bordeaux
Y Bostick

THURSDAY, MARCH 7, 1996

1875

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J
Brush Buck Buckner
YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford Y Crews
Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S
YDobbs

Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Hanner Y Harbin
Harris Y Heard
Heckstall Y Hegstrom
Y 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 Joyce

YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin
Y McBee YMcCall
McClinton McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock YParham
Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak

Ponder Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
Sanders Y Sauder
Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling

Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephenson Streat E Taylor
Teague Y Teper
Y Thomas Y Tillman
Y Titus Towery
Y Trense
Turnquest
Y 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 Yates Murphy, Spkr

On the passage of the Bills, the ayes were 129, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Harris of the 17th 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 Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:

HB 1675. By Representative Day of the 153rd:
A bill to provide a homestead exemption from City of Tybee Island ad valo rem taxes for city purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

HB 1743. By Representative Hanner of the 159th:
A bill to amend an Act providing for the election of the initial chief magis trate of the Magistrate Court of Webster County, so as to provide that the judge of the Probate Court of Webster County shall also serve as the chief magistrate of the Magistrate Court of Webster County.

1876

JOURNAL OF THE HOUSE,

HB 1755. By Representative Stancil of the 91st:
A bill to create and establish the Madison-Morgan County Airport Authority and to provide for the powers of such authority.

HB 1766. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salary of the solicitor of such court.

HB 1768. By Representative Barnard of the 154th: A bill to reincorporate the City of Bellville; to provide a new charter.

HB 1790. By Representative Purcell of the 9th:
A bill to provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether animal control regula tions should be established and an animal control department created.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 699. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Dade County; to provide for terms of office.

SB 773. By Senators Day of the 48th and Cagle of the 49th:
A bill to create the Forsyth County Water and Sewerage Authority; to autho rize the authority to acquire, construct, add to, extend, improve, equip, oper ate, 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.

SB 774. By Senator Farrow of the 54th:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, as amended, so as to change provisions relating to the compensation of the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County; to provide for related matters with respect to said officers.

SB 775. By Senator Farrow of the 54th:
A bill to amend an Act placing the coroner of Murray County on an annual salary, as amended, so as to change the provisions relating to the compensa tion of the coroner; to provide an effective date.

SB 776. By Senator Farrow of the 54th:
A bill to amend an Act relating to the Magistrate Court of Murray County, as amended, so as to change provisions relating to the compensation of the chief magistrate; to provide for other related matters; to provide an effective date.

THURSDAY, MARCH 7, 1996

1877

SB 777. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 699. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Bade County; to provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 773. By Senators Day of the 48th and Cagle of the 49th:
A bill to create the Forsyth County Water and Sewerage Authority; to autho rize the authority to acquire, construct, add to, extend, improve, equip, oper ate, 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.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 774. By Senator Farrow of the 54th:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, as amended, so as to change provisions relating to the compensation of the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County; to provide for related matters with respect to said officers.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 775. By Senator Farrow of the 54th:
A bill to amend an Act placing the coroner of Murray County on an annual salary, as amended, so as to change the provisions relating to the compensa tion of the coroner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 776. By Senator Farrow of the 54th:
A bill to amend an Act relating to the Magistrate Court of Murray County, as amended, so as to change provisions relating to the compensation of the chief magistrate; to provide for other related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 777. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.
Referred to the Committee on State Planning & Community Affairs - Local.

1878

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 1200. By Representative Murphy of the 18th: A resolution honoring Judge Ogden Doremus.

HR 1201. By Representatives Burkhalter of the 41st, Murphy of the 18th, Coker of the 31st, Watson of the 139th, Lord of the 121st and others:
A resolution commending Honorable Matthew A. Towery.

HR 1202. By Representatives Powell of the 23rd, Benefield of the 96th, Coleman of the 142nd, Murphy of the 18th and Lee of the 94th:
A resolution honoring and recognizing Mr. Steve Parks.

HR 1203. By Representative Powell of the 23rd: A resolution commending Billy Dilworth.

HR 1204. By Representative Powell of the 23rd:
A resolution commending Marie Cole on being selected as Teacher of the Year for Franklin County.

HR 1205. By Representative Powell of the 23rd: A resolution expressing condolences on the passing of Larry Sanders.

HR 1206. By Representative Powell of the 23rd: A resolution expressing regret at the passing of Ms. Virginia Louise Parks.

HR 1207. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Culbreth of the 132nd and others:
A resolution commending Geraldine Weldon McFolley.

HR 1208. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Culbreth of the 132nd and others:
A resolution commending Delia Richardson Grimes.

HR 1209. By Representative Powell of the 23rd: A resolution commending the Sons of Confederate Veterans.

HR 1210. By Representative Powell of the 23rd: A resolution expressing regret at the passing of Mr. James Columbus Harris.

HR 1211. By Representative Powell of the 23rd:
A resolution commending Mr. James T. Morris for his many years of public service and wishing him well in his retirement.

HR 1212. By Representative Powell of the 23rd: A resolution expressing condolences at the passing of T. Lawson McConnell.

THURSDAY, MARCH 7, 1996

1879

HR 1213. By Representative Powell of the 23rd: A resolution honoring the Hart County High School debate team.

HR 1214. By Representative Powell of the 23rd: A resolution commending Walter James Gordon.

HR 1215. By Representative Powell of the 23rd:
A resolution commending the Hart County High School Bulldogs football team.

HR 1216. By Representative Powell of the 23rd: A resolution commending Ms. Peggy L. McMahan.

HR 1217.

By Representatives Ashe of the 46th, Purcell of the 147th, Connell of the 115th, Godbee of the 145th, Hegstrom of the 66th and others:
A resolution commending four Georgia classroom teachers who were awarded national certification by the National Board of Professional Teaching Stan dards.

HR 1221. By Representatives Sherrill of the 62nd, Pinholster of the 15th and Murphy of the 18th:
A resolution honoring Fred Hutchins.

HR 1222. By Representatives Powell of the 23rd, Shaw of the 176th, Murphy of the 18th, Hanner of the 159th, Carter of the 166th and others:
A resolution expressing condolences on the passing of Mrs. Gee Gee Rogers.

Representative Sherrill of the 62nd arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd, Kinnamon of the 4th, Smith of the 12th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the pur pose of maintaining and operating such religious group.

The following Senate amendment was read:

Amend HB 756 by inserting at the end of line 7 on page 1 the following after the word "referendum":
"amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism,

1880

JOURNAL OF THE HOUSE,

conventions, and trade shows, so as to change certain restrictions applicable to the aggre gate amount of certain excise taxes and sales and use taxes and other taxes which may be imposed by a county or municipality; to provide an effective date; to provide for auto matic repeal under certain circumstances; to".
By inserting immediately following line 25 of page 1 the following entitled "Section 2":
"Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended by striking paragraph (5.1) of subsection (a) 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 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 Vi 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, 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, 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 ; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this para graph (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 section, 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 contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in

THURSDAY, MARCH 7, 1996

1881

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 construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, con struction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development author ity and any obligation of the local coliseum and exhibit hall authority or the down town development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, development, exten sion, enlargement, or improvement of land, waters, property, streets, highways, build ings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; "obligation" 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; "facility" or "facilities" shall mean any of the build ings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated inci dent to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority; and "downtown development authority" shall mean a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment.'
SECTION 3. Section 2 of this Act shall become effective on January 1, 1997; provided, however, that this Act shall only become effective on January 1, 1997, upon the ratification of a resolu tion at the November, 1996, state-wide general election, which resolution provides for the levy of a 1 percent sales tax for educational purposes. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1997.
SECTION 4."
Renumber Section 2 on line 29, page 1 and each subsequent section thereafter.

Representative Childers of the 13th moved that the House disagree to the Senate amendment to HB 756.
The motion prevailed.

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 withdrawn from the Com mittee on Agriculture and referred to the Committee on Education:

SB 709. By Senators Taylor of the 12th, Ray of the 19th, Hooks of the 14th and oth ers:
A bill to enact the "Education Reform Act of 1996"; to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, to provide that the Department of Agriculture shall carry out all functions and exercise all powers previously held by the Department of Education for school nutrition programs; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously performed by the Department of Education.

1882

JOURNAL OF THE HOUSE,

Representative Barnes of the 33rd moved that the first Committee of Conference on HB 338 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 Barnes of the 33rd, Smith of the 175th and Simpson of the 101st.

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 553. By Senator Henson of the 55th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for definition of a certain term; to provide for additional examinations, licenses, and endorsements for plumbers.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "plumbing"; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical con tractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contrac tors, is amended by striking paragraph (12) of Code Section 43-14-2, relating to definitions of certain terms, 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, medical gas piping systems, or public or pri vate water supply systems within or adjacent to any building, structure, or convey ance. 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. Notwithstanding 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 plumb ing system."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

THURSDAY, MARCH 7, 1996

1883

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell Y Childers Y Coker Y Coleman, B
Coleman, T Y Council
Y Crawford

Y Crews Y Culbreth Y Cuminings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Diion, H Y Diion, 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 Y Heard
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 Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly
YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddoi YMann
Martin
Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Ponder Y Porter
Y Poston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
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 YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Street E Taylor
Y Teper Y Thomas Y Tillman
Titus Y Towery Y Trense
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 Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 672. By Senators Johnson of the 2nd, Johnson of the 1st, Hill of the 4th and oth ers:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Trans fer at the School of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Transfer at the School of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members; to provide for officers and meetings; to provide that members shall serve with out compensation or expenses; to provide for the duties of the board; to provide for reports; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

1884

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, is amended by adding at the end thereof a new Code Section 20-3-84 to read as follows:
"20-3-84.
(a) There is created the Advisory Board to the Center for Trade and Technology Trans fer at the School of Business of Savannah State College. The advisory board shall be composed of 15 members to be appointed by the chancellor of the University System of Georgia for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the advisory board. The first members of the advisory board shall be appointed not later than July 1, 1996, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members shall serve without compensation or reimbursement of expenses. (b) The advisory board shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chair person, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall consti tute a quorum for the transaction of business. Meetings of the board shall be held at Savannah State College or at such other locations as the chairperson shall determine. (c) The advisory board shall assist and advise the Center for Trade and Technology Transfer at the School of Business of Savannah State College in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology. (d) From time to time, the advisory board shall report its findings and recommenda tions to the Governor and the General Assembly."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates YBenefield Y Birdsong Y Bordeaux Y Bostick

Y Breedlove Y Brooks, D Y Brooks, T 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 Y Connell 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
Greene Y Grindley Y Banner

Y Harbin Y Harris
Heard Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Irvin Y James Y Jamieson

THURSDAY, MARCH 7, 1996

1885

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
Lucas Y Maddox YMann
Martin

Y McBee YMcCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
YOrrock YParham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Y Ponder Y Porter Y Poston

Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E 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 Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson
Streat E Taylor
Teague YTeper 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 Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister
Bartbot Y Bargeron Y Barnard
YBames Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless YChannell

Y Childers Y Coker
Coleman, B Coleman, T Y Connell 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 YEhrhart YEpps Evans Y Falls Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner

Y Harbin Y Harris Y Heard
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 Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis

Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Ponder Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal
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 Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F

1886

JOURNAL OF THE HOUSE,

Y Stancil, S Y Stanley, L Y Stanley, P YStephenson
Streat ETaylor

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 adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate substitutes or amendments thereto:

HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and Jones of the 71st:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.

The following Senate substitute was read:

A BILL
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources; to provide for reporting requirements and con tents of the registry; to provide for utilization of the registry by the department; to pro vide for maintenance of records; to provide for limited disclosure of registry information; to limit application of certain prohibitions; to provide civil immunity for certain persons reporting or receiving registry information to or from the department; to provide for fund ing of the registry program; to provide for rules and regulations; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding after Code Section 31-12-3 a new Code Section 31-12-3.1 to read as follows:
"31-12-3.1. (a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current vaccination records to be used in aiding, coordinating, and promoting effective and cost-efficient childhood disease prevention and control efforts, shall establish and maintain a childhood vaccination registry. (b) Any person who administers a vaccine or vaccines licensed for use in children by the United States Food and Drug Administration to a child under the age of 18 shall for each such vaccination provide to the department such data as are deemed by the depart ment to be necessary and appropriate for purposes of the vaccination registry estab lished pursuant to subsection (a) of this Code section, including, without limitation:
(1) The name of the child; (2) The child's date and place of birth, including the name of the hospital where delivered, if applicable; (3) The names and addresses of the child's parents or guardians;

THURSDAY, MARCH 7, 1996

1887

(4) The date of the vaccination and the specific type or types of vaccine or vaccines administered to the child on that date; and (5) Complications or side effects resulting from a vaccination, if any. Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting such data, shall begin after the registry has established linkages to vaccine providers and shall be established by the department in consultation with the United States Centers for Disease Control and Prevention, the Georgia chapter of the American Academy of Pediatrics, and the Georgia Academy of Family Physicians. (c) The department shall utilize the registry to provide notices, whether by mail, tele phone, personal contact, or other means, to parents or guardians regarding their children or wards who are due or overdue for a particular type of vaccination according to recom mended vaccination schedules. The department shall consult with medical services providers to determine the most effective and efficient manner of using the registry to provide such notices. (d) Vaccination records for any child included within the vaccination registry shall be maintained as part of the registry until the child reaches the age of 18. (e) Individually identifiable vaccination information regarding a child may be provided to the department by, or released by the department to, a local health department, hos pital, physician, or other provider of medical services to the child or to a school or child care facility in which the child is enrolled without the consent of the child's parents or guardians. All children shall be enrolled unless a specific exemption is requested by the child's parent or guardian. A parent or guardian may obtain and upon request to the department shall be provided with all individually identifiable vaccination registry infor mation regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as con fidential and shall not be released to a third party without consent of a child's parent or guardian. (f) Nothing in this Code section shall: (1) Prohibit the department from providing or publishing registry information in aggregate form for scientific, educational, or public health purposes, provided that such information is published without releasing or identifying individual names con tained in the registry; (2) Prohibit the department or any medical services provider from notifying a parent, guardian, or child of the child's vaccination status or of a vaccination that is due or overdue according to recommended vaccination schedules; or (3) Diminish a parent's or guardian's responsibility for having a child vaccinated properly. (g) Any person, including but not limited to practitioners of the healing arts, submitting or obtaining in good faith vaccination reports or data to or from the department in com pliance with the provisions of this Code section and any rules or regulations promul gated pursuant to this Code section shall not be liable for any civil damages therefor, (h) The department is authorized to accept any grants, gifts, awards, and funds from government, public, and private sources to supplement any appropriation made for the purpose of funding the provisions of this Code section. (i) The department is authorized and directed to promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this Code section."
SECTION 2. This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 127th moved that the House agree to the Senate substi tute to HB 844.

1888

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childere
Y Coker Y Coleman, B
Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dixon, H
Y Dixon, S Dobbs
YEhrhart
YEpps N Evans Y Falls
Y Felton Y Floyd
YGodbee Y Golden
Good win Y Greene
Grindley Manner Y Harbin Y Harris Y Heard 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 YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee N Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee YMcCall Y McClinton
McKinney Y Mills Y 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
Ponder Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Reaves Y Reichert Y Roberts E 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
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
Streat E Taylor
Teague YTeper Y Thomas Y Tillman Y Titus
Y Towery Y Trense
Turnquest Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson
Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 148, nays 7. The motion prevailed.

HB 1355.

By Representatives Holmes of the 53rd, Stanley of the 50th, Sinkfield of the 57th, Ladd of the 59th, Trense of the 44th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authori ties and their property from taxes and special assessments; to change provi sions relating to the renting of housing units.

The following Senate amendment was read:

Amend HB 1355 by inserting "only" immediately preceding "that" on line 13 of page 3.

Representative Holmes of the 53rd moved that the House agree to the Senate amend ment to HB 1355.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe
Bailey Y Baker Y Bannister

Y Barfoot Y Bargeron
Y Barnard Y Barnes
Bates Y Benefield

Y Birdsong Bordeaux Bostick
Y Breedlove Y Brooks, D Y Brooks, T

Y Brown, J Brush
YBuck Y Buckner YBunn Y Burkhalter

YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell

THURSDAY, MARCH 7, 1996

1889

Y Childers Y Coker Y Coleman, B
Coleman, T Y Cornell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B
Y DeLoach, G YDix
Diion, H
Y Diron, S
YDobbs
YEhrhart
YEpps
Y Evans
Y Falls
Y Felton
Y Floyd
YGodbee
Y Golden YGoodwin
Greene Y Grindley Y Banner

Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
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
Lucas Maddox YMann Y Martin Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak Y Ponder
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

Randall Y Randolph
Ray Reaves Y Reichert Y Roberts E 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
YSmyre Y Snelling YSnow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat E Taylor
Teague Y Teper Y Thomas YTUlman Y Titus Y Towery Y Trense
Turnquest
Y Walker, L Y Walker, R.L Y Wall Y 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 153, nays 0. The motion prevailed.

HB 1229. By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption.

The following Senate substitute was read:

A BILL
To amend Code Section 48-8-30 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use tax, so as to change the manner of apply ing such tax to certain sales through vending machines; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-30 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use tax, is amended by striking subsection (h) and insert ing in its place a new subsection (h) to read as follows:
"(h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continu ing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. For the purpose of this Code section, all sales through any one vending machine shall be treated as a single sale. The gross proceeds for reporting vending sales

1890

JOURNAL OF THE HOUSE,

shall be treated as if the tax is included in the sale and the taxable proceeds shall be net of the tax included in the sale."
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 Royal of the 164th moved that the House agree to the Senate substi tute to HB 1229.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot 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, 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 Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davia, M YDay
DeLoach, B Y DeLoach, G YDU Y Diion, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin
Harris Y Heard
Hecks tall 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 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 YOrrock YParham

On the motion, the ayes were 160, nays 0. The motion prevailed.

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder
Porter Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph Ray Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Streat E 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 Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agri cultural products by agricultural processing industries and used for the pro motion of such agricultural processing industries without the need for paying such moneys into the general fund of the state treasury.

The following Senate amendment was read:

THURSDAY, MARCH 7, 1996

1891

Amend HR 367 by striking lines 5 through 12 of page 2 and inserting in lieu thereof the following:

"The ballot submitting the above proposed amendment shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall the Constitution be amended so as to allow agricultural processing industries, after approval in a referendum, to impose a fee upon members of the industry based on the amount of agricultural products processed and, without placing such moneys in the state treasury, to use such funds to promote those agricultural processing industries?'".

Representative Reaves of the 178th moved that the House agree to the Senate amend ment to HR 367.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Andereon YAshe Y Bailey Y Baker Y Bannister
YBartoot Y Bargeron
Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T 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 Y Crawford

Y Crews Culbreth
Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Diion, S Y Dobbs YEhrhart YEpps
Evans Y Falls Y Felton Y Floyd YGodbee Y Golden YGoodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris 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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock YParham

On the motion, the ayes were 158, nays 0. The motion prevailed.

Y Parrish
Y Parsons Y Pelote
Y Perry Y Pinholster YPolak Y Ponder Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
Shaw 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 YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas YTiUman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Walker, L Y Walker, R.L Wall Y Watson Y Watts Y Westmorland Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

HB 1291. By Representatives Lane of the 146th, Kinnamon of the 4th, Lewis of the 14th, Martin of the 47th, 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 refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability compa nies to opt out of coverage.

The following Senate substitute was read:

1892

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide refinements in the definition of "injury" and "per sonal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability companies to opt out of coverage; to strike the requirement of board approval of safety rules; to modify the method of payment of penalties and fines; to provide for additional authority of the board; to require board certification of voluntary rehabilitation suppliers; to modify the procedures for guardianship; to coordinate the pay ment of benefits under Chapter 8 of Title 34, the "Employment Security Law"; to increase the maximum amount of weekly temporary total disability benefits; to specify the use of guidelines in determining impairment ratings; to strike the requirement for reporting haz ardous occupations and occupational diseases; to allow the assessment of attorney's fees against the Subsequent Injury Trust Fund; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, is amended by striking paragraphs (4) and (5) of Code Section 34-9-1, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Injury' or 'personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, 'injury' and 'personal injury' shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condi tion shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. 'Injury' and 'personal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidencej which shall include medical evidence, that any of such conditions were attributable to the per formance of the usual work of employment. Alcoholism and disabilities attributable thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician.
\&/--itt Qll CQSC9 tTlSlIl IHluCF tfttS CflflptCP, dfiy pCFCCntd^C "Or QlSflDlllvy ? DOQlly 1O3S
ratings shall be based upon 'Guides te the Evaluation ef- Permanent Impairment' pub lished by the American Medical Association."
SECTION 2. Said chapter is further amended by adding at the end of Code Section 34-9-2, relating to the applicability of workers' compensation to employers and employees, a new subsection (e) to read as follows:
"(e) A person or entity shall otherwise qualify as an independent contractor and not an employee if such person or entity meets all of the following criteria:
(1) Is a party to a contract, written or implied, which intends to create an indepen dent contractor relationship; (2) Has the right to exercise control over the time, manner, and method of the work to be performed; and (3) Is paid on a set price per job or a per unit basisj rather than on a salary or hourly basis.

THURSDAY, MARCH 7, 1996

1893

A person who does not meet all of the above listed criteria shall be considered an employee unless otherwise determined by an administrative law judge to be an indepen dent contractor."
SECTION 3. Said chapter is further amended by striking Code Section 34-9-2.1, relating to exemption of corporate officers, and inserting in its place a new Code Section 34-9-2.1 to read as fol lows:
"34-9-2.1.
(a) A corporate officer or a member of a limited liability company who elects to be exempt from coverage under this chapter shall make such election by giving written cer tification to the insurer or, if there is no insurer, to the State Board of Workers' Com pensation. The right of any corporation or limited liability company to exempt its officers or members from coverage under this chapter is limited as follows:
(1) A corporation shall not be allowed to exempt more than five corporate officers and a limited liability company shall not be allowed to exempt more than five members; and (2) In order for the written certification of exemption to be in effect, the corporate officer must be identified by name as well as by the office held at the time of certifi cation and the member of the limited liability company must be identified by namer; and (3) Any employer subject to this chapter pursuant to subsection (a) of Code Section 34-9-2 before the filing of any exemptions shall remain subject to this chapter without regard to the number of exemptions filed. However, in the event that there shall be no covered employees once exemptions are elected, no coverage shall be required unless and until additional employees are employed. (b) A corporate officer or a member of the limited liability company who has exempted himself or herself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage. (c) No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until 39 daya after it is filed with the proper entity."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 34-9-17, relat ing to grounds for denial of compensation, and inserting in its place a new subsection (a) to read as follows:
"(a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appli ance or perform a duty required by statute? or the willful breach of any orie or rcgulation fldopted Dy trie employer dud B.ppFOved Dy tft Do&rcrj or WIIICR ?ui& OP re^juift11on cRc enotployee IIQS Knowledge prior to tnc secident.
SECTION 5. Said chapter is further amended by striking subsection (f) of Code Section 34-9-18, relat ing to civil penalties, and inserting in its place a new subsection (f) to read as follows:
"(f) All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation and made payable te the State ef- Georgia. All such penalties shall be deposited in the general fund of the state trea sury."
SECTION 6. Said chapter is further amended by striking Code Section 34-9-19, relating to civil penal ties, and inserting in its place a new Code Section 34-9-19 to read as follows:
"34-9-19.

1894

JOURNAL OF THE HOUSE,

Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be pun ished by a fine of not less than $1,000.00 or more than $10,000.00 or by imprisonment not to exceed ee yew 12 months, or by both such fine and imprisonment. Additionally, any person, firm, or corporation who violates this Code section may also be assessed the cost of investigation or prosecution, or both, in accordance with Chapter 11 of Title 17, relating to the assessment and payment of costs of criminal proceedings. All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation. All such penalties shall be deposited in the gen eral fund of the state treasury."
SECTION 7. Said chapter is further amended by striking Code Section 34-9-40, relating to the creation of the State Board of Workers' Compensation, and inserting in lieu thereof the following:
"34-9-40.
There is created and established within the executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be appointed by the Governor for a term of four years. Each member shall hold office until his or her successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The board shall have full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter. Additionally, the board shall have full authority to conduct training seminars for the purpose of educating various employers as to their liability regarding workers' compensation claims. Such seminars may be paid for by the board through funding provided from sources other than appropriations made by the General Assembly. Excess funds generated through seminars may be amended into the board's operating budget as approved bj[ the Office of Planning and Budget. Excess funds generated through seminars not amended into the board's operating budget, as determined by the state auditor, shall lapse to the Office of Treasury and Fiscal Services."
SECTION 8. Said chapter is further amended by adding at the end of Code Section 34-9-200.1, relating to vocational rehabilitation, a new subsection (h) to read as follows:
"(h) In the event of an injury that is not catastrophic, the parties may elect that the employer will provide a rehabilitation supplier on a voluntary basis for so long as the parties agree. The rehabilitation supplier utilized by the parties must hold one of the certifications or licenses specified in subsection (f) of this Code section and be registered with the State Board of Workers' Compensation or have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in the case."
SECTION 9. Said chapter is further amended by striking Code Section 34-9-226, relating to the appointment of guardians, which reads as follows:
"34-9-226. The board is authorized to appoint a qualified guardian for any minor or legally incom petent claimant who shall be entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such minor or legally incompetent person, but the authority of any guardian so appointed by the board shall be limited to the administration of such workers' compensation benefits and the settlement of workers' compensation claims.", and inserting in lieu thereof the following:
"34-9-226. After July 1, 1996, the only person capable of representing a minor or legally incompe tent claimant entitled to workers' compensation benefits shall be a guardian duly

THURSDAY, MARCH 7, 1996

1895

appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person. Said guardian shall be required to file with the board a copy of the guardianship returns filed annually with the probate court and give notice to all parties within 30 days of any change in status."
SECTION 10. Said chapter is further amended by striking subsections (a) and (f) of Code Section 34-9-243, relating to the effect of payments made when not due, and inserting in lieu thereof new subsections (a) and (f) to read as follows:
"(a) The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages or any benefit paid under Chapter 8 of this title, the 'Employ ment Security Law,' during the employee's disability shall be credited against any pay ments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter." "(f) Subsection Subsections (a) and (b) of this Code section shall not apply to payments made to an employee under Code Section 34-9-263 for any permanent partial disability."
SECTION 11. Said chapter is further amended by striking Code Section 34-9-261, relating to compensa tion for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261.
While the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $276.00 $300.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly bene fit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 12. Said chapter is further amended by striking subsections (d), (e), (f), and (g) of Code Sec tion 34-9-263, relating to compensation for permanent partial disability, which read as fol lows:
"(d)Phalanges. Loss of distal phalange shall be considered to be equal to the loss of onehalf of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit. (e)Amputated arm or leg. Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg but, if ampu tated between the elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic device can be affixed. (f)Disability to the body as a whole. For the purpose of determining disability to the body as a whole under paragraph (14) of subsection (c) of this Code section, 'disability' means either physical impairment or actual wage loss as provided under Code Section 34-9-262, whichever is greater. No combination of payments under paragraph (14) of subsection (c) of this Code section and Code Section 34-9-262 shall exceed 300 weeks. (g)Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261.", and inserting in lieu thereof the following: "(d) Impairment ratings. In all cases arising under this chapter, any percentage of dis ability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fourth edition, published by the American Medical Association.

1896

JOURNAL OF THE HOUSE,

(e) Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261."
SECTION 13. Said chapter is further amended by striking subsection (f) of Code Section 34-9-265, relat ing to compensation for death resulting from causes other than injury, and inserting in its place a new subsection (f) to read as follows:
"(f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay Htte the general fund ef the stete treasury to the State Board of Workers' Compensation one-half of the bene fits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less. All such funds paid to the board shall be deposited in the general fund of the state treasury."
SECTION 14. Said chapter is further amended by striking Code Section 34-9-290, relating to the report ing of hazardous occupations and case of occupational disease, and inserting in its place the following:
"34-9-290. Reserved."
SECTION 15. Said chapter is further amended by striking Code Section 34-9-367, relating to interest and attorney's fees payable to the Subsequent Injury Trust Fund, and inserting in lieu thereof a new Code Section 34-9-367 to read as follows:
"34-9-367. The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorncya' attorney's fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Sub sequent Injury Trust Fund has failed or refused to accept a valid claim for reimburse ment as provided for under this chapter m whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as provided under subsection (b) of Code Section 34-9-108."
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 146th moved that the House agree to the Senate substi tute to HB 1291.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot
Bargeron Y Barnard Y Barnes Y Bates YBenefield
Birdsong Bordeaux Y Bostick YBreedlove Y Brooks, D Y Brooks, T

Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day
DeLoach, B DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Evans Y Falls Y Felton Y Floyd

Y Godbee Y Golden Y Goodwin Y Greene
Grindley Y Banner Y Harbin Y Harris 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 Y Lewis

THURSDAY, MARCH 7, 1996

1897

Y Lifsey YLord
Lucas Y Maddoi YMann Y Martin
YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller YO'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts

E Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, P Y Smith, T Smith, V

On the motion, the ayes were 159, nays 0. The motion prevailed.

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Streat E 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

HB 1296.

By Representatives Jenkins of the 110th, Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to pro vide that such officers shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions of an emergency nature; to provide for the disposition of such persons in cases where acceptance has been refused; to provide for the disposition of such persons after a medical release; to provide for the disposition of such persons in cases where no health care facility is located in the county; to provide for payment of costs related to medical release; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, is amended by striking in its entirety Code Section 42-4-12, relating to penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense, and inserting in lieu thereof a new Code Section 42-4-12 to read as follows:
"42-4-12. Except as otherwise provided in this Code section, any Any sheriff, coroner, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty . of an indictable offense who refuses to receive and take charge of such a person shal!2 be punished upon conviction thereof by confinement for net less than twe yetrrs e
than seven years and shall be dismissed from office be guilty of a misdemeanor

1898

JOURNAL OF THE HOUSE,

and shall be punished by a fine of not more than $1,000.00. A sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions of an emergency nature. Upon such refusal, it shall be the responsibility of the arresting agency to take the individual to a health care facility or health care provider in order to secure a medi cal release. Upon medical release by the health care facility or health care provider, the sheriff, constable, or keeper of the jail must assume custody of the individual; provided, however, that in all cases the sheriff, constable, or keeper of the jail must assume cus tody where no health care facility is located in the county in which the arrest occurred and, in such instances, the governing authority of the arresting agency shall pay all costs related to the medical release."
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 Jenkins of the 110th moved that the House agree to the Senate substi tute to HB 1296.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson Y Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 B Coleman, T Y Connell Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B
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
Grindley Y Manner
Y Harbin
Y Harris
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 Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey
YLord Lucas Maddox
YMann 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 YParham

On the motion, the ayes were 159, nays 1. The motion prevailed.

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal 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 Y Snow Y Stallings Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat E Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods YYates
Murphy, Spkr

THURSDAY, MARCH 7, 1996

1899

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 Senate substitute was read:

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 for the dependents and beneficiaries of such officials and personnel] provided, however, that no member of a county governing authority may become vested in the provision of any retirement or pension benefits authorized by this subsection until after the next general election in which said official stands for reelection. (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.

Representative Scoggins of the 24th moved that the House agree to the Senate substi tute to HB 356.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron

Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove

Y Brooks, D Y Brooks, T Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter

Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker

Y Coleman, B E Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

1900

JOURNAL OF THE HOUSE,

Y Davis, M YDay
DeLoach, B DeLoach, G YDii Y Dkon, H Y Diion, S Y Dobbs YEhrhart YEpps Evans Y Falls Felton Y Floyd YGodbee Y Golden Y Goodwill Y Greene Y Grindley Y Manner Y Harbin
Y Harris Heard Heckstall
Y Hegatrom 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
Lucas Y Maddoi
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
Perry Y Pinholster YPolak
Y Ponder Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay
Reaves

On the motion, the ayes were 157, nays 0. The motion prevailed.

Y Reichert Y Roberts E 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 YSmyre Y Snelling YSnow Y Stalling* Y Stancil, F Y Stancil, S Y Stanley, L

Y Stanley, P Stephenson
Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

HB 1533. By Representatives Brush of the 112th and McCall of the 90th: A bill to create a board of elections and registration for Lincoln County.

The following Senate amendment was read:

Amend HB 1533 by adding between lines 19 and 20 on page 5 the following:
"(c) The judge of the Probate Court of Lincoln County acting as the superintendent of elections and the members of the county board of registrars serving in such capacity on the effective date of this Act shall continue to serve until the members of the board of elections and registration created under this Act are duly appointed and qualified."

Representative Brush of the 112th moved that the House agree to the Senate amend ment to HB 1533.
On the motion the ayes were 110, nays 0.
The motion prevailed.

HB 1620. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th, Henson of the 65th, Sherrill of the 62nd and others:
A bill to create the DeKalb County Civic Center Authority.

The following Senate amendment was read:

Amend HB 1620 by striking the word "Eight" on line 10 on page 5 and inserting in lieu thereof the word "Nine".

Representative Jones of the 71st moved that the House agree to the Senate amend ment to HB 1620.

THURSDAY, MARCH 7, 1996

1901

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 675. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and the Department of Corrections, so as to pro vide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services per taining to the custody, care, and control of inmates.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, so as to provide for the authority of the com missioner of corrections to make and execute contracts for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates; to autho rize the designation of contracting parties as law enforcement units; to provide for the adoption of rules and regulations; 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 OP GEORGIA:
SECTION 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, is amended by striking Code Section 42-2-8, relating to the additional duties of the commissioner, and inserting in its place a new Code Section 42-2-8 to read as follows:
"42-2-8.
The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he or she may consider helpful in the administration of the penal system or as may be directed by the board. The commis sioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he or she may be directed to perform by the board. The commissioner or his the commissioner's designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property. Subject to legislative appropriations, the commissioner shall also be authorized to make and execute any contract for the land acquisition, design, construction, opera tion, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities and to designate any person or organization with whom the commissioner contracts as a law enforcement unit under paragraph (7) of Code Section 35-8-2."

1902

JOURNAL OF THE HOUSE,

SECTION 2. Said chapter is further amended by striking Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, in its entirety and inserting in its place a new Code Section 42-2-11 to read as follows:
"42-2-11.
(a) The board shall establish the general policy to be followed by the department and shall have the duties, powers, authority, and jurisdiction provided for in this title or as otherwise provided by law. (b) The board is authorized to adopt, establish, and promulgate rules and regulations governing the transaction of the business of the penal system of the state by the depart ment and the commissioner and the administration of the affairs of the penal system in the different penal institutions coming under its authority and supervision and shall make the institutions as self-supporting as possible. (c) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody. (d) The board shall also adopt rules and regulations governing the conduct and the wel fare of the employees of the state institutions operating under its authority and of the county correctional institutions and correctional facilities or programs operating under its supervision. It shall prescribe the working hours and conditions of work for employ ees in the office of the commissioner and in institutions operating under the authority of the board. (e) The board shall also adopt rules and regulations governing the negotiation and exe cution of any contract for the land acquisition, design, construction, operation, mainte nance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities. {e}{0 All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Geor gia Administrative Procedure Act.' The courts shall take judicial notice of any such rules or regulations. {i^gl As used in this Code section, the words 'rules and regulations' shall have the same meaning as the word 'rule' is defined in paragraph (6) of Code Section 50-13-2."
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:

Representative Ehrhart of the 36th et al. move to amend the Committee substitute to SB 675 as follows:
Page 3 Line 17 after regulation
ADD Notwithstanding the above;
These rules and regulations promulgated may not include any preference or advantage based on race or gender.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

THURSDAY, MARCH 7, 1996

N Alien N Anderson Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard YBarnes Y Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, J Y Brush
NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless Y Channell N Childers Y Coker N Coleman, B E Coleman, T N Connell Y Crawtord

Y Crews Y 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 YEhrhart
NEpps Y Evans Y Falls N Felton N Floyd NGodbee Y Golden Y Goodwin N Greene Y Grindley N Hanner Y Harbin Y Harris N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Howard N Hudson
N Hugley

Ylrvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly
Lane Y Lawrence NLee Y Lewis Y Lifsey
Lord
Lucas Y Maddox YMann N Martin
N McBee YMcCall N McClinton
McKinney
Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal NOrrock N Farham

N Parrish Y Parsons N Pelote N Perry Y Pinholster NPolak N Ponder N Porter Y Poston Y Powell N Purcell, A N Purcell, B NRandall N Randolph
NRay N Reaves N Reichert N Roberts E Rogers N Royal Y Sanders
Y Sauder N Scoggins N Shanahan NShaw N SherriU
YShipp 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 67, nays 99. The amendment was lost.

1903
Smith, W Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor N Teague Y Teper N Thomas NTillman N Titus Y Towery YTrense Turnquest N Twiggs N Walker, L Y Walker, R.L YWall N Watson N Watts E 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 Bunn of the 74th moves to amend the Committee substitute to SB 675 as follows: Add after Line 21, Page 3 -
(h) It shall be prohibited for any elected official to own or hold an interest in any cor rectional institution covered in this act.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard NBarnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D

N Brooks, T Y Brown, J N Brush NBuck
Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty N Carter
Chambless N Channell Y Childers N Coker N Coleman, B E Coleman, T

N Connell N Crawford N Crews
N Culbreth N Cummings Y Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs NEhrhart NEpps N Evans

Y Falls Y Felton N Floyd
N Godbee N Golden Y Goodwin N Greene Y Grindley N Hanner N Harbin Y Harris N Heard
Heckstall N Hegstrom N 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 N Joyce YKaye N Kinnamon Y Klein NLadd

1904

JOURNAL OF THE HOUSE,

YLakly NLane Y Lawrence NLee N Lewis Y Lifsey
Lord Lucas Y Maddox
YMann N Martin NMcBee NMcCaU N McClinton
McKinney N Mills N Mobley, B N Mobley, J N Mosley

Y Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote Y Perry Y Pinholster NPolak N Ponder N Porter Y Poston N Powell N Purcell, A N Purcell, B
NRandall N Randolph NRay

N Reaves N Reichert Y Roberts E 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 N Smith, C.W N Smith, L
Smith, P

N Smith, T Y Smith, V N Smith, W
Smyre N Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L
N Stanley, P N Stephenson N Streat E Taylor YTeague Y Teper Y Thomas N Tillman Y Titus

Towery
N Trense Y Turaquest
Twiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts E Westmoreland N Whitaker N White Y Wiles N Williams, B N Williams, J N Williams, R Y Woods Y Yates
Murphy, Spier

On the adoption of the amendment, the ayes were 40, nays 125. The amendment was lost.

The following amendment was read:

Representative Dixon of the 168th moves to amend the Committee substitute to SB 675 by adding the word "new" on page 2, line 7 before the word "state" and by adding the word "new" to page 3, line 6 before the word "state."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien Y Anderson NAshe N Bailey N Baker N Bannister
Barfoot Y Bargeron Y Barnard YBarnes N Bates N Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T N Brown, J Y Brush NBuck N Buckner NBunn N Burkhalter
NByrd
N Campbell Y Canty N Carter Y Chambless N Channell Y Childers Y Coker N Coleman, B E Coleman, T
Connell Y Crawford

N Crews N 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
Falls N Felton
N Floyd YGodbee Y Golden N Goodwin N Greene N Grindley Y Manner Y Harbin N Harris Y Heard
Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson Y Hugley

N Irvin
Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J Y Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly YLane N Lawrence NLee N Lewis N Lifsey YLord
Lucas Y Maddox
NMann Y Martin Y McBee NMcCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley Y Mueller Y O'Neal N Orrock YParham

Y Parrish Y Parsons Y Pelote
Y Perry
N Pinholster NPolak N Ponder Y Porter Y Poston Y Powell N Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers N Royal N Sanders Y Sauder Y 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 N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 84, nays 85.

N Smith, W Smyre
N Snelling YSnow NStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat E Taylor
YTeague Y Teper Y Thomas YTillman N Titus Y Towery N Trense Y Tumquest YTwiggs N Walker, L N Walker, R.L Y Wall N Watson Y Watts E Westmoreland N Whitaker Y White
N Wiles N Williams, B N Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

THURSDAY, MARCH 7, 1996

1905

The amendment was lost.
Representative Teague of the 58th moved that the House reconsider its action in fail ing to adopt the Dixon amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
N Ashe N Bailey N Baker N Bannister
N Barfoot Y Bargeron
Y Barnard Y Barnes
N Bates N Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T N Brown, J Y Brush NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell Y Canty N Carter Y Chambless N Channell Y Childers Y Coker N Coleman, B E Coleman, T
Connell Y Crawford

N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S N Dobbs N Ehrhart YEpps N Evans N Falls N Felton
N Floyd YGodbee Y Golden N Goodwin
Greene N Grindley N Manner Y Harbin N Harris Y Heard Y Heckstall Y Hegstrom N Hembree N Henson Y Holland Y Holmes Y Howard N Hudson Y Hugley

N Irvin Y James Y Jamieson
Y Jenkins N Johnson, G N Johnson, J Y Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly YLane
N Lawrence NLee
N Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee NMcCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley Y Mueller Y O'Neal N Orrock Y Parham

On the motion, the ayes were 84, nays 87. The motion was lost.

Y Parrish Y Parsons Y Pelote Y Perry N Pinholster N Polak N Ponder Y Porter YPoston Y Powell
N Purcell, A N Purcell, B YRandall
Y Randolph YRay Y Reaves
Y Reichert Y Roberts E Rogers N Royal N Sanders Y Sauder Y 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 N Smith, T N Smith, V

N Smith, W Smyre
N Snelling
YSnow N Stallings
Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat E Taylor Y Teague YTeper Y Thomas Y Tillman N Titus Y Towery N Trense Y Turnquest Y Twiggs N Walker, L N Walker, R.L YWall N Watson Y Watts E Westmoreland Y Whitaker Y White N Wiles N Williams, B N Williams, J Y Williams, R N 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:

N Alien N Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron N Barnard Y Barnes Y Bates Y Benefield N Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D
N Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell N Canty Y Carter

Y Chambless Y Channell
Y Childers Y Coker Y Coleman, B
E Coleman, T Y Connell
N 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 N Epps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden

Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard N Heckstall Y Hegstrom Y Hembree Y Henson N Holland N Holmes N Howard

1906

JOURNAL OF THE HOUSE,

Y Hudson N Hugley Ylrvin
N James Jamieson Jenkins
Y Johnson, G Y Johnson, J N Johnston
Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
YLane Y Lawrence
YLee Y Lewis Y Lifsey NLord

Lucas Y Maddox YMann
N Martin YMcBee
NMcCaU N McClinton N McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock NParham Y Parrish Y Parsons N Pelote N Perry Y Pinholster YPolak

Y Ponder Y Porter N Poston Y Powell Y Purcell, A Y Purcell, B NRandall N Randolph NRay Y Reaves Y Reichert N Roberts E Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson

N Sinkfield Y Skipper
Y Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Smyre
Y Snelling NSnow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson
Y Streat E Taylor
N Teague N Teper

N Thomas Y Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts E 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 129, nays 40.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, SB 675 was ordered immediately transmitted to the Senate.

SB 597. By Senators Clay of the 37th, Edge of the 28th and Johnson of the 1st:
A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable televi sion service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, tel egraph, or cable television service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for concealing origin or destination of any telecommunication; to change the provisions relating to the seizure and disposal of devices, equipment, or any plan or instrument used for committing theft of telecommuni cations service; to define certain terms; to change certain penalty provisions; to provide for restitution; to authorize certain civil actions; to provide for certain civil relief and attor ney's fees for an aggrieved party; 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 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, is amended by striking in its entirety Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service, and inserting in lieu thereof a new Code Section 46-5-2 to read as follows:

THURSDAY, MARCH 7, 1996

1907

"46-5-2.
(a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telephone telecommunication service as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other communication by telephone or telegraph or over telephone telecommunication or telegraph facilities by the use of any fraudulent scheme, means, or method, or by the use of any unlawful telecommunication device as defined in subsec tion (a) of Code Section 46-5-3 or other mechanical, electric, or electronic device; pro vided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect.
(b)(l) Except as otherwise provided in paragraph (2) of this subsection, any Any per son who violates this Code section shall be guilty of a misdemeanor. (2) Any person who violates this Code section by avoiding or causing another to avoid lawful charges for any telecommunication service which lawful charges are in an amount in excess of $10,000.00 commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (3) The court may, in addition to any other sentence authorized by law, order a per son convicted under this Code section to make restitution for the offense. (4) Any person, corporation, or other entity aggrieved by a violation of this Code sec tion may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees."
SECTION 2. Said article is further amended by striking in its entirety Code Section 46-5-3, relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for con cealing origin or destination of any telecommunication, and inserting in lieu thereof a new Code Section 46-5-3 to read as follows:
"46-5-3.
(a) As used in this Code section the term: (1) 'Telecommunication service' means any service provided for a charge or compensa tion to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone or telephone service or cable television service (CATV), including cellular or other wireless telephones, wire, radio, electromagnetic, photoelectronic, or photo-optical system. (2) 'Telecommunication service provider' means a person, corporation, or other entity which provides telecommunication service, including a cellular, paging, or other wire less communications company or other person, corporation, or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. (3) 'Unlawful telecommunication device' means any telecommunications device that is capable, or has been altered, modified, or programmed or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of any electronic serial number, mobile identi fication number, personal identification number, or any telecommunication service without the consent of the telecommunication service provider. The term includes telecommunications devices altered to obtain service without the consent of the tele communication service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication ser vice provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. Such term shall not apply to any device operated by a law enforcement agency or telecommunication service provider in the normal course of its activities. It shall be unlawful for any person knowingly to:

1908

JOURNAL OF THE HOUSE,

(1) Make or possess any unlawful telecommunication apparatus, equipment, er clcctreaie device designed, adapted, or used:
(A) For commission of a theft of telecommunication service in violation of Code Section 46-5-2 or to acquire or facilitate the acquisition of telecommunications ser vice without the consent of the telecommunication service provider; or (B) To conceal, or to assist another to conceal, from any supplier of telecommunica tion service or from any lawful authority the existence or place of origin or of desti nation of any telecommunication; (2) Sell, give, transport, or otherwise transfer to another, or offer or advertise for sale, any unlawful telecommunication apparatus, equipment, er device^ described h* para graph {!) ef this Code section, or plans or instructions for making or assembling the same, under circumstances evincing an intent to use or employ such unlawful telecom munication apparatus, equipment, er device; or to allow such unlawful telecommunica tion apparatus, equipment, er device to be used or employed for a purpose described in paragraph (1) of this Code section subsection or knowing or having reason to believe that the same is intended to be so used or that the aforesaid plans or instruc tions are intended to be used for making or assembling such unlawful telecommunica tion apparatus, equipment, er device; or (3) Publish plans or instructions for making or assembling or using any unlawful tele communication apparatus, equipment, or device described paragraph {1} ef- thisCode section. {b)(c)(l) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than three nor more than ten years, or both. (2) The court may, in addition to any other sentence authorized by law, order a per son convicted under this Code section to make restitution for the offense. (3) Any person, corporation, or other entity aggrieved by a violation of this Code sec tion may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees."
SECTION 3. Said article is further amended by striking in its entirety Code Section 46-5-4, relating to the seizure and disposal of devices, equipment, or any plan or instrument used for commit ting theft of telecommunications service, and inserting in lieu thereof a new Code Section 46-5-4 to read as follows:
"46-5-4.
Any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other instrument, apparatus, equipment, or device, or any plan or instruction therefor, referred to in Code Section 46-5-3 may be seized by court order, or under a search warrant issued by a judge or a magistrate, or incident to a lawful arrest. Upon the conviction of any person for a violation of any provisions of Code Section 46-5-2 or 46-5-3, such instrument, apparatus, equipment, device, plan, or instruction shall be either destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company or telecommunication service provider in whose territory such instrument, apparatus, equipment, device, plan, or instruction was seized."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Skipper of the 137th and Watson of the 139th, was read:

THURSDAY, MARCH 7, 1996

1909

A BILL
To amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, tel egraph, or cable television service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for concealing origin or destination of any telecommunication; to change the provisions relating to the seizure and disposal of devices, equipment, or any plan or instrument used for committing theft of telecommuni cations service; to define certain terms; to change certain penalty provisions; to provide for restitution; to authorize certain civil actions; to provide for certain civil relief and attor ney's fees for an aggrieved party; 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 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, is amended by striking in its entirety Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service, and inserting in lieu thereof a new Code Section 46-5-2 to read as follows:
"46-5-2.
(a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telephone telecommunication service as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other communication by telephone or telegraph or over telephone telecommunication or telegraph facilities by the use of any fraudulent scheme, means, or method, or by the use of any unlawful telecommunication device as defined in subsec tion (a) of Code Section 46-5-3 or other mechanical, electric, or electronic device; pro vided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect.
(b)(l) Except as otherwise provided in paragraph (2) of this subsection, any Any per son who violates this Code section shall be guilty of a misdemeanor; provided, how ever, that upon conviction of a second or subsequent such offense under this Code section, the defendant commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (2) Any person who violates this Code section by avoiding or causing another to avoid lawful charges for any telecommunication service which lawful charges are in an amount in excess of $10,000.00 commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (3) The court may, in addition to any other sentence authorized by law, order a per son convicted under this Code section to make restitution for the offense. (4) Any person, corporation, or other entity aggrieved by a violation of this Code sec tion may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees."
SECTION 2. Said article is further amended by striking in its entirety Code Section 46-5-3, relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for con cealing origin or destination of any telecommunication, and inserting in lieu thereof a new Code Section 46-5-3 to read as follows:
"46-5-3.

1910

JOURNAL OF THE HOUSE,

(a) As used in this Code section the term: (1) 'Telecommunication service' means any service provided for a charge or compensa tion to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone or telephone service or cable television service (CATV), including cellular or other wireless tele phones, wire, radio, electromagnetic, photoelectronic, or photo-optical system. (2) 'Telecommunication service provider' means a person, corporation, or other entity which provides telecommunication service, including a cellular, paging, or other wire less communications company or other person, corporation, or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. (3) 'Unlawful telecommunication device' means any telecommunications device that is capable, or has been altered, modified, or programmed or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of any electronic serial number, mobile identi fication number, personal identification number, or any telecommunication service without the consent of the telecommunication service provider. The term includes telecommunications devices altered to obtain service without the consent of the tele communication service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication ser vice provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. Such term shall not apply to any device operated by_ a law enforcement agency or telecommunication service provider in the normal course of its activities.
W(b) It shall be unlawful for any person knowingly to: (1) Make or possess any unlawful telecommunication apparatus, equipment, e* elect*eie device designed, adapted, or used: (A) For commission of a theft of telecommunication service in violation of Code Section 46-5-2 or to acquire or facilitate the acquisition of telecommunications ser vice without the consent of the telecommunication service provider; or
(B) To conceal, or to assist another to conceal, from any supplier of telecommunica tion service or from any lawful authority the existence or place of origin or of desti nation of any telecommunication;
(2) Sell, give, transport, or otherwise transfer to another, or offer or advertise for sale, any unlawful telecommunication apparatus, equipment, er devicej described paragrapk ft) ef- this Code section, or plans or instructions for making or assembling the same, under circumstances evincing an intent to use or employ such unlawful telecom munication apparatus, equipment, er device; or to allow such unlawful telecommunica tion apparatus, equipment, e* device to be used or employed for a purpose described in paragraph (1) of this Code section subsection or knowing or having reason to believe that the same is intended to be so used or that the aforesaid plans or instruc tions are intended to be used for making or assembling such unlawful telecommunica tion apparatus, equipment, or device; or
(3) Publish plans or instructions for making or assembling or using any unlawful tele communication apparatus, equipment, e* device doocribcd paragraph 41} of thisCode section.
4b)(c)(l) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than three nor more than ten years, or both.
(2) The court may, in addition to any other sentence authorized by law, order a per son convicted under this Code section to make restitution for the offense.
(3) Any person, corporation, or other entity aggrieved b^ a violation of this Code sec tion may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory

THURSDAY, MARCH 7, 1996

1911

and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees."
SECTION 3. Said article is further amended by striking in its entirety Code Section 46-5-4, relating to the seizure and disposal of devices, equipment, or any plan or instrument used for commit ting theft of telecommunications service, and inserting in lieu thereof a new Code Section 46-5-4 to read as follows:
"46-5-4. Any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other instrument, apparatus, equipment, or device, or any plan or instruction therefor, referred to in Code Section 46-5-3 may be seized by court order, or under a search warrant issued by a judge or a magistrate, or incident to a lawful arrest. Upon the conviction of any person for a violation of any provisions of Code Section 46-5-2 or 46-5-3, such instrument, apparatus, equipment, device, plan, or instruction shall be either destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company or telecommunication service provider in whose territory such instrument, apparatus, equipment, device, plan, or instruction was seized."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Grindley of the 35th and Watson of the 139th move to amend the Floor substitute to SB 597 as follows:
P.3, L.22 add the word "illegally" before the word "altered."
P.3, L.29 after the word "provider" add:
"or without the consent of the legally authorized user of the telecommunication device."

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 Alien Y Andersen Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Bames Y Bates YBenefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush

Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B E Coleman, T Y Connell Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner

Y Harbin Y Harris Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones

Y Joyce Y Kaye Y Kinnamon Y Klein 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

1912

JOURNAL OF THE HOUSE,

Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish
Parsons
Y Pelote Y Perry Y Pinholster YPolak Y Ponder Y Porter

Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder
Scoggina Y Shanahan

YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling YSnow

Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat E Taylor Teague Y Teper Y Thomas Y Tillman YTituB Y Towery Y Trense
Y Turnquest

Y Twiggs Y Walker, L Y Walker, R.L YWall
Y Watson Y Watts
E 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, SB 586 was postponed until the next legislative day.

SB 508. By Senator Tysinger of the 41st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercings of the bodies of minors without the consent of their parents or guardians; to provide for a penalty.

The following amendment was read and adopted:

The Committee on Children and Youth moves to amend SB 508 by adding at the end of line 14 on page 1 the following:
", with the exception of the ear lobes,".

The following amendment was read and lost:

Representative Walker of the 87th moves to amend SB 508 as follows: Strike lines 24 and 25 on page one.

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:

Men Y Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard YBarnes Y Bates Y Benefleld Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 E Coleman, T Y Connell 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
Floyd Y Godbee Y Golden

Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
Heckstail Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard

THURSDAY, MARCH 7, 1996

1913

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

Lucas Y Maddox YMann Y Martin YMcBee YMcCaU 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
YPolak

Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts E 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
Stanley, L Stanley, P Y Stephenson Y Streat E Taylor Teague Y Teper

Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts E Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 492. By Senators Turner of the 8th, Broun of the 46th, Scott of the 36th and oth ers:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the governance of interstate acquisitions of banks and holding companies connected to Georgia financial institutions by other banks or bank holding companies; to provide for definitions; to provide for acquisitions upon certain conditions.

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 Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes Y Bates Y Benefleld Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 E Coleman, T Y Connell
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 YEhrhart YEpps
Evans Falls Y Felton
Y Floyd YGodbee Y Golden

Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Heard
HeckstaU Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein

YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills
Y 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 Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts E 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

1914

JOURNAL OF THE HOUSE,

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
Y Stanley, P Y Stephenson Y Streat E Taylor

Teague Y Teper Y Thomas
YTillman Y Titus Y Towery
Y Trense Turnquest

Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts E Westmorland Y Whitaker

Y White Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Woods of the 32nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 304. By Senator Brown of the 26th:
A bill to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Water Commissioners-Pension Plan," as amended, so as to provide an increase in retirement benefits for members who retired during a certain period; to pro vide conditions for an effective date and automatic repeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Y Bailey Y Baker Y Bannister YBarfoot 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, J Y Brush YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childers
Y Coker Coleman, B
E Coleman, T Y Connell 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 Diion, S Y Dobbs YEhrhart YEpps Y Evans Y Falls
Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley
Y Manner Y Harbin Y Harris
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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddoi YMann Y Martin Y McBee Y McCall
Y McClinton McKinney Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert
Y Roberts E 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
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

On the passage of the Bill, the ayes were 158, nays 0.

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson
Streat E Taylor
Teague Y Teper
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 E Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

THURSDAY, MARCH 7, 1996

1915

The Bill, having received the requisite constitutional majority, was passed.

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.

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 Alien Y Andersen
Y Ashe Y Bailey Y Baker N Bannister YBarfoot
Bargeron Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel!
Y Childere Y Coker N Coleman, B E Coleman, T Y Connell Y Crawford

N Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDix Y Dixon, H
Y Dixon, S Y Dobbs YEhrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden N Goodwin Y Greene Y Grindley YHanner Y Harbin Y Harris 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 N Johnson, J N 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 N Mills Y Mobley, B
N 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 Ponder Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scoggins
Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P N Stephenson Y Streat E Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Turnquest
Y Twiggs Y Walker, L N Walker, R.L N Wall Y Watson Y Watts E Westmorland Y Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 149, nays 15. The Bill, having received the requisite constitutional majority, was passed.

SB 554. By Senators Henson of the 55th and Madden of the 47th:
A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Anno tated, relating to lead poisoning prevention, so as to provide that the Depart ment of Natural Resources may designate the environmental protection division to perform certain duties; to provide that implementation of certain lead paint abatement certification programs shall be contingent upon the promulgation of certain federal regulations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1916

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Baker N Bannister N Barfoot Y Bargeron Y Barnard Y Barnes N Bates Y Benefield Y Birdsong Y Bordeaux
Bostick N Breedlove N Brooks, D
Brooks, T N Brown, J Y Brush YBuck Y Buckner Y Bunn N Burkhalter
YByrd
N Campbell Y Canty
Carter Y Chambless Y Channell
Y Childere N Coker N Coleman, B E Coleman, T Y Connell N Crawford

Y Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay
DeLoach, B Y DeLoach, G YDix N Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N EVEUIS Y Falls N Felton Y Floyd YGodbee N Golden N Goodwin
Greene N Grindley
Manner Y Harbin
Harris 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 Y Johnson, J Y Johnston Y Jones N Joyce
NKaye Y Kinnamon N Klein
YLadd NLakly YLane Y 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
Mueller Y O'Neal
Y Orrock YParham

Y Parrish N Parsons Y Pelote
Y Perry
N Pinholster Y Polak Y Ponder Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts E Rogers Y Royal N Sanders
Sauder Y Scoggins
Y Shanahan NShaw 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

Smith, W Smyre Snelling YSnow Y Stallings
Y Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat E Taylor Y Teague
Y Teper Y Thomas Y Tillman N Titus Y Towery Y Trense
Turnquest N Twiggs
Walker, L N Walker, R.L YWall Y Watson Y Watts E Westmorland Y Whitaker Y White N Wiles N Williams, B Y Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 109, nays 48. The Bill, having received the requisite constitutional majority, was passed.

SR 384. By Senators Guhl of the 45th, Crotts of the 17th, Pollard of the 24th and others:
A resolution designating the Purple Heart Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D

Y Brooks, T Y Brown, J Y Brush
YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty
Carter
Y Chambless Y Channell
Y Childera Y Coker Y Coleman, B E Coleman, T

Y Connell 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
Hanner Y Harbin
Harris 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 Y Kinnamon Y Klein YLadd

Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Lucas Y Maddox YMann Y Martin YMcBee YMcCaU Y McClinton McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley

THURSDAY, MARCH 7, 1996

Y Mueller Y O'Neal
Orrock YParham
Y Parrish Y Parsons Y Pelote Y Perry
Pinholster Y Polak Y Ponder
Y Porter YPoston
Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay

Y Reaves Reichert
Y Roberts E Rogers Y Royal Y Sanders
Sauder Scoggins Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P

Y Smith, T Y Smith, V
Smith, W Smyre Y Snelling YSnow Y Stallings Y Stancil, F Stencil, S Stanley, L Stanley, P Y Stephenson
Y Streat E Taylor
Teague
Y Teper Y Thomas
Y Tillman Y Titus

1917
Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts E 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 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Snow of the 2nd moved that the House insist on its position in amend ing the Senate amendment to HB 288 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, Perry of the llth and Purcell of the 147th.

By unanimous consent, the following Bill of the Senate was recommitted to the Com mittee 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.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 657 Do Pass
Respectfully submitted, /a/ Reaves of the 178th
Chairman

1918

JOURNAL OF THE HOUSE,

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 687 Do Pass, by Substitute SR 567 Do Pass
Respectfully submitted, /a/ Childers of the 13th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 147 Do Pass SB 428 Do Pass

SB 498 Do Pass, by Substitute SB 575 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 696 Do Pass, by Substitute SR 413 Do Pass, by Substitute SR 458 Do Pass SR 459 Do Pass

SR 525 Do Pass SR 528 Do Pass SR 540 Do Pass, by Substitute SR 569 Do Pass

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs 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:

THURSDAY, MARCH 7, 1996

1919

SB 531 Do Pass, by Substitute SB 556 Do Pass SB 737 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 169 Do Pass, by Substitute SR 506 Do Pass

SR 507 Do Pass SR 570 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Resolu tion of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 497 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.