Compiler's Note The Journal of the House of Representatives regular session of 1997 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 13, 1997 through March 14, 1997. Volume II contains March 17, 1997 through March 28, 1997 and the complete index. Text 50% Recycled Content JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 13, 1997 and adjourned Friday, March 28, 1997 VOLUME I 1997 Adanta, Ga. OFFICERS OF THE HOUSE OF REPRESENTATIVES 1997-1998 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 CAROLYNPETTUS................................................................Assistant Clerk GWINNETT COUNTY JANE C. MAYO ...........................................................................Journal Clerk COBB COUNTY BOBBIE JOHNSON.........................................Assistant Clerk for Enrolling GWINNETT COUNTY BARBARA B. SMITH .................Assistant Clerk for Information Systems DOUGLAS COUNTY CHRISTEL RAASCH .....................Assistant Clerk for Public Information 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 13, 1997 HOUSE JOURNAL Representative Hall, Atlanta, Georgia Monday, January 13, 1997 The Representatives-elect of the General Assembly of Georgia for the years 1997-1998 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives. Prayer was offered by the Reverend Lee Branham, Retired Methodist Minister, Bremen, Georgia. The members pledged allegiance to the flag. The following communications from the Honorable Lewis Massey, Secretary of State, certifying the Representatives-elect for the years 1997-1998, were received and read: 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 attached six (6) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia in the 1996 General Election held on November 5, 1996; all as the same appear on file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-seven and of the Independence of the United States of America the Two Hundred and Twenty first. (SEAL) /s/ Lewis A. Massey Secretary of State Brian Joyce Mike Snow Bill Clark Alien Hammontree Harold Mann Charles "Judy" Poag Ben N. Whitaker Ralph Twiggs Ben D. Bridges, Sr. Tom E. Shanahan Tim Perry Paul E. Smith E. M. "Buddy" Childers State Representative, District 1 State Representative, District 2 State Representative, District 3 State Representative, District 4 State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13 Jeff Lewis Garland Pinholster Steve Stancil Chuck Scheid Thomas B. Murphy Clint Smith Carl Rogers James Mills Jeanette Jamieson Alan T. Powell Ralph T. Hudgens Scott Tolbert Glenn Richardson Bill Cummings Mike Evans Randy Sauder Frank Bradford Sharon Cooper Judy Manning Roy E. Barnes John Wiles George H. Grindley, Jr. Earl Ehrhart Mitchell Kaye Kem Shipp Bobby Franklin Don L. Parsons Mark Burkhalter Tom Campbell Dorothy Felton Sharon Trense Bob Irvin Kathy B. Ashe Jim Martin Grace W. Davis Pamela A. Stanley LaNett L. Stanley J. E. (Billy) McKinney Henrietta Mathis Canty Bob Holmes Tyrone Brooks Joe Heckstall Nan Grogan Orrock Georganna T. Sinkfield Sharon Beasley Teague Bart Ladd Max Davis Doug Teper Tom Sherrill Betty Jo Williams Arnold Mays Ragas Michele Henson June Hegstrom Mike Polak JoAnn McClinton Barbara J. Mobley Thurbert E. Baker JOURNAL OF THE HOUSE, State Representative, District 14 State Representative, District 15 State Representative, District 16 State Representative, District 17 State Representative, District 18 State Representative, District 19 State Representative, District 20 State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33 State Representative, District 34 State Representative, District 35 State Representative, District 36 State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42 State Representative, District 43 State Representative, District 44 State Representative, District 45 State Representative, District 46 State Representative, District 47 State Representative, District 48 State Representative, District 49 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56 State Representative, District 57 State Representative, District 58 State Representative, District 59 State Representative, District 60 State Representative, District 61 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67 State Representative, District 68 State Representative, District 69 State Representative, District 70 MONDAY, JANUARY 13, 1997 Vernon Jones George Maddox Henrietta E. Turnquest Barbara Jean Bunn Earl L. O'Neal Scott Dix Charles E. Bannister Ron Crews Tom Rice Brooks P. Coleman, Jr. Ralph Johnston Mike Coan Jeffrey L. "Jeff Williams Jere W. Johnson Keith Breedlove Warren Massey Len Walker Louise McBee Keith G. Heard Tom McCall Frank E. Stancil Denny Dobbs Frank I. Bailey, Jr. William J. "Bill" Lee Gail M. Buckner Jimmy W. Benefield Greg Hecht Tom Worthan Bob Snelling Tracy Stallings Jack West Vance Smith, Jr. Lynn Smith Lynn A. Westmoreland Dan Lakly John Yates Bill Sanders Steve Cash Larry Smith Curtis S. Jenkins R. M. (Mickey) Channell William S. (Bill) Jackson Ben L. Harbin Robin Williams Jack Connell Alberta J. Anderson Ben Alien Henry L. Howard George L. DeLoach Helen G. (Sistie) Hudson Jimmy Lord Bobby Eugene Parham Kenneth (Ken) W. Birdsong David E. Lucas David B. Graves Robert A. B. Reichert William C. (Billy) Randall State Representative, District 71 State Representative, District 72 State Representative, District 73 State Representative, District 74 State Representative, District 75 State Representative, District 76 State Representative, District 77 State Representative, District 78 State Representative, District 79 State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84 State Representative, District 85 State Representative, District 86 State Representative, District 87 State Representative, District 88 State Representative, District 89 State Representative, District 90 State Representative, District 91 State Representative, District 92 State Representative, District 93 State Representative, District 94 State Representative, District 95 State Representative, District 96 State Representative, District 97 State Representative, District 98 State Representative, District 99 State Representative, District 100 State Representative, District 101 State Representative, District 102 State Representative, District 103 State Representative, District 104 State Representative, District 105 State Representative, District 106 State Representative, District 107 State Representative, District 108 State Representative, District 109 State Representative, District 110 State Representative, District 111 State Representative, District 112 State Representative, District 113 State Representative, District 114 State Representative, District 115 State Representative, District 116 State Representative, District 117 State Representative, District 118 State Representative, District 119 State Representative, District 120 State Representative, District 121 State Representative, District 122 State Representative, District 123 State Representative, District 124 State Representative, District 125 State Representative, District 126 State Representative, District 127 JOURNAL OF THE HOUSE, Robert Ray Mack Crawford Jeff Brown Carl Von Epps Ronnie Culbreth Carolyn F. Hugley Maretta Mitchell Taylor Thomas B. Buck III Calvin Smyre Jimmy Skipper Johnny W. Floyd Pam Bohannon Lynmore James Larry Walker Terry L. Coleman Dubose Porter Larry J. "Butch" Parrish Jim Martin Bob Lane Ann R. Purcell Regina Thomas Dorothy B. Pelote Sonny Dixon Tom Bordeaux Anne Mueller Burke Day Terry Barnard Fisher Barfoot Newt Hudson Ray Holland Gerald E. Greene Bob Hanner Dan E. Ponder, Jr. Winfred Dukes Lawrence R. Roberts H. Doug Everett A. Richard Royal Austin Scott Hanson Carter Chuck Sims Harry D. Dixon Tommy Smith Roger C. Byrd Hinson Mosley Buddy DeLoach E. C. Tillman Stephen G. Scarlett Charlie Smith, Jr. Jay Shaw Tim Golden Henry L. Reaves Kermit F. ("K") Bates, Jr. Theo Titus State Representative, District 128 State Representative, District 129 State Representative, District 130 State Representative, District 131 State Representative, District 132 State Representative, District 133 State Representative, District 134 State Representative, District 135 State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147 State Representative, District 148 State Representative, District 149 State Representative, District 150 State Representative, District 151 State Representative, District 152 State Representative, District 153 State Representative, District 154 State Representative, District 155 State Representative, District 156 State Representative, District 157 State Representative, District 158 State Representative, District 159 State Representative, District 160 State Representative, District 161 State Representative, District 162 State Representative, District 163 State Representative, District 164 State Representative, District 165 State Representative, District 166 State Representative, District 167 State Representative, District 168 State Representative, District 169 State Representative, District 170 State Representative, District 171 State Representative, District 172 State Representative, District 173 State Representative, District 174 State Representative, District 175 State Representative, District 176 State Representative, District 177 State Representative, District 178 State Representative, District 179 State Representative, District 180 STATE OF GEORGIA OFFICE OF SECRETARY OF STATE MONDAY, JANUARY 13, 1997 I, Lewis A. Massey, Secretary of State of the State of Georgia, do hereby certify that the attached twenty-three (23) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia in the 1996 General Election held on November 5, 1996; all as the same appear on file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-seven and of the Independence of the United States of America the Two Hundred and Twenty first. (SEAL) /s/ Lewis A. Massey Secretary of State Brian Joyce Dade, * Walker Mike Snow * Catoosa, * Walker Bill Clark * Catoosa Alien Hammontree * Whitfield Harold Mann * Whitfield Charles "Judy" Poag * Fannin, Murray Ben N. Whitaker * Fannin, Gilmer, Lumpkin Ralph Twiggs Rabun, Towns Union, * White Ben D. Bridges, Sr. Habersham, * White Tom E. Shanahan Gordon Tim Perry Chattooga, * Floyd, * Walker Paul E. Smith * Floyd E. M. "Buddy" Childers * Bartow, * Floyd Jeff Lewis * Bartow Garland Pinholster * Cherokee, Pickens Steve Stancil * Cherokee Chuck Scheid * Cherokee Thomas B. Murphy Haralson, * Paulding, *Polk Clint Smith Dawson, *Hall Carl Rogers *Hall State Representative, District 1 State Representative, District 2 State Representative, District 3 State Representative, District 4 State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13 State Representative, District 14 State Representative, District 15 State Representative, District 16 State Representative, District 17 State Representative, District 18 State Representative, District 19 State Representative, District 20 6 JOURNAL OF THE HOUSE, James Mills * Gwinnett, * Hall Jeanette Jamieson Banks, *Franklin, Stephens Alan T. Powell * Franklin, Hart Ralph T. Hudgens * Clarke, Madison Scott Tolbert * Hall, Jackson Glenn Richardson * Paulding Bill Cummings * Bartow, * Polk Mike Evans * Forsyth Randy Sauder *Cobb Frank Bradford *Cobb Sharon Cooper *Cobb Judy Manning *Cobb Roy E. Barnes * Cobb John Wiles *Cobb George H. Grindley, Jr. *Cobb Earl Ehrhart *Cobb Mitchell Kaye *Cobb Kern Shipp * Cobb Bobby Franklin * Cobb Don L. Parsons *Cobb Mark Burkhalter * Fulton Tom Campbell * Fulton Dorothy Felton * Fulton Sharon Trense * Fulton Bob Irvin * Fulton Kathy B. Ashe * Fulton Jim Martin * Fulton Grace W. Davis * Fulton Pamela A. Stanley State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33 State Representative, District 34 State Representative, District 35 State Representative, District 36 State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42 State Representative, District 43 State Representative, District 44 State Representative, District 45 State Representative, District 46 State Representative, District 47 State Representative, District 48 State Representative, District 49 * Fulton LaNett L. Stanley * Fulton J. E. (Billy) McKinney * Cobb, * Fulton Henrietta Mathis Canty * Fulton Bob Holmes * Fulton Tyrone Brooks * Fulton Joe Heckstall * Fulton Nan Grogan Orrock * Fulton Georganna T. Sinkfield * Fulton Sharon Beasley Teague * Fulton Bart Ladd * DeKalb Max Davis * DeKalb Doug Teper * DeKalb Tom Sherrill * DeKalb Betty Jo Williams * DeKalb Arnold Mays Ragas * DeKalb Michele Henson * DeKalb June Hegstrom * DeKalb Mike Polak * DeKalb JoAnn McClinton * DeKalb Barbara J. Mobley * DeKalb Thurbert E. Baker * DeKalb Vernon Jones * DeKalb George Maddox * DeKalb Henrietta E. Turnquest * DeKalb Barbara Jean Bunn * Rockdale Earl L. O'Neal *DeKalb, * Rockdale Scott Dix * Gwinnett Charles E. Bannister * Gwinnett MONDAY, JANUARY 13, 1997 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56 State Representative, District 57 State Representative, District 58 State Representative, District 59 State Representative, District 60 State Representative, District 61 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67 State Representative, District 68 State Representative, District 69 State Representative, District 70 State Representative, District 71 State Representative, District 72 State Representative, District 73 State Representative, District 74 State Representative, District 75 State Representative, District 76 State Representative, District 77 JOURNAL OF THE HOUSE, Ron Crews * Gwinnett Tom Rice * Gwinnett Brooks P. Coleman, Jr. * Gwinnett Ralph Johnston * Gwinnett Mike Coan * Gwinnett Jeffrey L. "Jeff Williams * Gwinnett Jere W. Johnson * Gwinnett, *Walton Keith Breedlove * Forsyth, * Gwinnett Warren Massey Barrow, * Gwinnett Len Walker * Walton Louise McBee * Clarke Keith G. Heard * Clarke Tom McCall Elbert, Lincoln, Wilkes Frank E. Stancil Morgan, * Newton, Oconee Denny Dobbs * Newton Frank I. Bailey, Jr. * Clayton William J. "Bill" Lee * Clayton Gail M. Buckner * Clayton Jimmy W. Benefield * Clayton Greg Hecht * Clayton Tom Worthan * Douglas Bob Snelling * Douglas Tracy Stallings * Can-oil Jack West * Carroll Vance Smith, Jr. Harris, * Meriwether, * Muscogee Lynn Smith * Coweta, * Heard Lynn A. Westmoreland * Coweta, * Fayette Dan Lakly * Fayette John Yates State Representative, District 78 State Representative, District 79 State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84 State Representative, District 85 State Representative, District 86 State Representative, District 87 State Representative, District 88 State Representative, District 89 State Representative, District 90 State Representative, District 91 State Representative, District 92 State Representative, District 93 State Representative, District 94 State Representative, District 95 State Representative, District 96 State Representative, District 97 State Representative, District 98 State Representative, District 99 State Representative, District 100 State Representative, District 101 State Representative, District 102 State Representative, District 103 State Representative, District 104 State Representative, District 105 State Representative, District 106 MONDAY, JANUARY 13, 1997 * Coweta, * Spalding Bill Sanders * Henry, * Spalding Steve Cash * Henry Larry Smith Butts, * Henry, * Lamar Curtis S. Jenkins Jasper, * Jones * Lamar, Monroe R. M. (Mickey) Channell Greene, Ogelthorpe, Putnam William S. (Bill) Jackson * Columbia, * McDuffie Ben L. Harbin * Columbia Robin Williams * Richmond Jack Connell * Richmond Alberta J. Anderson * Burke, * Richmond Ben Alien * Richmond Henry L. Howard * Richmond George L. DeLoach * Burke, * Richmond Helen G. (Sistie) Hudson * Baldwin, Glascock Hancock, * McDuffie Taliaferro, Warren Jimmy Lord Jefferson, Washington Bobby Eugene Parham * Baldwin Kenneth (Ken) W. Birdsong * Jones, Twiggs, Wilkinson David E. Lucas *Bibb David B. Graves *Bibb Robert A. B. Reichert *Bibb William C. (Billy) Randall *Bibb Robert Ray * Bibb, Crawford * Houston, * Peach Mack Crawford Pike, Upson Jeff Brown * Coweta, *Troup Carl Von Epps * Meriwether, * Troup Ronnie Culbreth * Muscogee State Representative, District 107 State Representative, District 108 State Representative, District 109 State Representative, District 110 State Representative, District 111 State Representative, District 112 State Representative, District 113 State Representative, District 114 State Representative, District 115 State Representative, District 116 State Representative, District 117 State Representative, District 118 State Representative, District 119 State Representative, District 120 State Representative, District 121 State Representative, District 122 State Representative, District 123 State Representative, District 124 State Representative, District 125 State Representative, District 126 State Representative, District 127 State Representative, District 128 State Representative, District 129 State Representative, District 130 State Representative, District 131 State Representative, District 132 10 JOURNAL OF THE HOUSE, Carolyn F. Hugley * Muscogee, Talbot Maretta Mitchell Taylor * Muscogee Thomas B. Buck III * Muscogee Calvin Smyre * Muscogee Jimmy Skipper Marion, Schley, Sumter Johnny W. Floyd Crisp, *Dooly * Houston, Pulaski Pam Bohannon * Houston Lynmore James * Dooly, Macon * Peach, Taylor Larry Walker * Houston Terry L. Coleman Bleckley, Dodge * Laurens, * Telfair Dubose Porter * Laurens Larry J. "Butch" Parrish Emanuel, Johnson, Treulten Jim Martin * Bulloch, Candler, Jenkins Bob Lane * Bulloch, Screven Ann R. Purcell * Bryan, Effingham Regina Thomas * Chatham Dorothy B. Pelote * Chatham Sonny Dixon * Chatham Tom Bordeaux * Chatham Anne Mueller * Chatham Burke Day * Chatham Terry Barnard * Bryan, Evans * Liberty, Tattnall Fisher Barfoot Montgomery, Toombs, Wheeler Newt Hudson Ben Hill, Irwin * Tift, Wilcox Ray Holland * Lee, Turner, * Worth Gerald E. Greene * Baker, Calhoun State Representative, District 133 State Representative, District 134 State Representative, District 135 State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147 State Representative, District 148 State Representative, District 149 State Representative, District 150 State Representative, District 151 State Representative, District 152 State Representative, District 153 State Representative, District 154 State Representative, District 155 State Representative, District 156 State Representative, District 157 State Representative, District 158 MONDAY, JANUARY 13, 1997 11 * Chattahoochee, Clay * Early, Quitman Randolph, Stewart Bob Hanner * Chattahoochee, * Lee * Marion, Terrell, Webster Dan E. Ponder, Jr. * Decatur, * Early, * Grady Miller, Seminole Winfred Dukes * Baker, * Dougherty Lawrence R. Roberts * Dougherty H. Doug Everett * Dougherty, * Worth A. Richard Royal * Colquitt, Mitchell Austin Scott * Colquitt, * Tift Hanson Carter Berrien, * Colquitt, * Cook Chuck Sims Atkinson, Coffee Harry D. Dixon Ware Tommy Smith Bacon, Brantley * Charlton, Pierce Roger C. Byrd Appling, Jeff Davis * Telfair, * Wayne Hinson Mosley * Liberty, Long, * Wayne Buddy DeLoach * Liberty E. C. Tillman * Glynn, * Liberty, Mclntosh Stephen G. Scarlett * Glynn Charlie Smith, Jr. Camden, * Charlton Jay Shaw Clinch, Cook Lanier, * Lowndes Tim Golden * Lowndes Henry L. Reaves Brooks, Echols, * Lowndes Kermit F. ("K") Bates, Jr. * Decatur, * Grady, * Thomas Theo Titus * Thomas State Representative, District 159 State Representative, District 160 State Representative, District 161 State Representative, District 162 State Representative, District 163 State Representative, District 164 State Representative, District 165 State Representative, District 166 State Representative, District 167 State Representative, District 168 State Representative, District 169 State Representative, District 170 State Representative, District 171 State Representative, District 172 State Representative, District 173 State Representative, District 174 State Representative, District 175 State Representative, District 176 State Representative, District 177 State Representative, District 178 State Representative, District 179 State Representative, District 180 * Split County The roll was called and the following Representatives-elect answered to their names: 12 JOURNAL OF THE HOUSE, Alien Andersen Asbe Bailey Baker Bannister Barfoot Barnard Baroes Bates Benefield Birdsong Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth Cummings Davis, G Davis, M Day DeLoach, B DeLoach, G Dii Dixon, H Dixon, S Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Manner Harbin Heard Hecht HeckstaU Hegstrom Henson Holland Hobnes Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson James Jamieson Jenkins Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McCUnton McKinney Mills Mobley Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Perry Pinholster Poag Polak Ponder Porter Powell Purcell Ragas RandaJl Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Sherrill Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teague Teper Thomas Tillman Titus Tolbert Trense Twiggs Walker, L Walker, R.L West Westmoreland Whitaker W..i,l,e.s ,7,^ T w^""8'R Williams, R Worthan Yates Murphy, Spkr The following oath of office was administered to the Representatives-elect by Judge Lawton Evans Stephens, Judge, Superior Court, Western Judicial Circuit, and a former member of this House: I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the Communist Party. So help me God. The following oath of office was administered to Representative-elect Henrietta Tumquest by Judge Lawton Evans Stephens, Judge, Superior Court, Western Judicial Circuit, and a former member of this House: 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 MONDAY, JANUARY 13, 1997 13 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/ Henrietta E. Turnquest State Representative Sworn to and subscribed before me, this 13th day of January, 1997. /s/ Lawton E. Stephens Judge The next order of business being the election of the Speaker of the House for the 1997-1998 term, Representative Walker of the 141st placed in nomination the name of the Honorable Thomas B. Murphy of the 18th, which nomination was seconded by Representative Skipper of the 137th. Representative Campbell of the 42nd placed in nomination the name of the Honorable Robert A. Irvin of the 45th, which nomination was seconded by Representative Harbin of the 113th. Representative Walker of the 141st moved that the nominations be closed. The motion prevailed. The election of the Speaker was ordered on the roll call machine. Those voting for Representative Murphy voted "aye". Those voting for Representative Irvin voted "nay". The vote was as follows: Y Alien Y Anderson N Ashe Y Bailey Y Baker N Bannister YBarfoot N Barnard Y Barns* Y Bates Y Benefield Y Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty Y Carter NCash YChannell Y Childen N Clark NCoan N Coleman, B Y Coleman, T Y Connell N Cooper N Crawford N Crews N Culbreth Y Cununings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDii Y Dixon, H Y Diion, S Y Dobbs Y Dukes NEhrhart YEpps N Evans N Everett N Felton Y Floyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree Y Banner N Harbin Y Heard YHecht YHeckotall Y Hegetrom YHenson Y Holland Y Holmes Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox NMann N Manning Y Martin, J N Martin, J.L NMassey Y McBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller YO'Neal Y Orrock YPaiham YParrish N Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott Y Shanahan YShaw Y Sherrill NShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman N Titus Y Tolbert NTrense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y West N Westmorland YWhitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Y Murphy, Spkr 14 JOURNAL OF THE HOUSE, On the election of the Speaker, the Honorable Thomas B. Murphy received 106 votes and the Honorable Robert A. Irvin received 73 votes. The Honorable Thomas B. Murphy of the 18th, having received the majority of the votes cast, is thereby declared elected Speaker of the House for the ensuing term. Due to a mechanical malfunction, the vote of Representative Howard of the 118th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members: Representatives Smith of the 12th, Snow of the 2nd, Jamieson of the 22nd, Davis of the 48th, Jenkins of the 110th, Reichert of the 126th, Purcell of the 147th and Tillman of the 173rd. The Honorable Thomas B. Murphy was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker. Representative Irvin of the 45th arose to a point of personal privilege and addressed the House. The next order of business being the election of a Clerk of the House for the 1997-1998 term, Representative Baker of the 70th placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative Coleman of the 80th. Representative Walker of the 141st moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received 180 votes, being the entire vote of the membership present. The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term. The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members: Representatives Bates of the 179th, Hanner of the 159th, Barfoot of the 155th, Hugley of the 133rd, Crawford of the 129th, Heckstall of the 55th, Whitaker of the 7th and Coleman of the 142nd. The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by the Honorable Thomas B. Murphy, Speaker of the House of Representatives: I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party. So help me God. MONDAY, JANUARY 13, 1997 15 The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives. The next order of business being the election of a Speaker Pro Tern for the House for the 1997-1998 term, the name of the Honorable Jack Connell of the 115th was placed in nomination by Representative Lee of the 94th, which nomination was seconded by Rep- resentative Stanley of the 50th. Representative Ashe of the 46th placed in nomination the name of the Honorable Steve Stancil of the 16th, which nomination was seconded by Representative Crawford of the 129th. Representative Walker of the 141st moved that the nominations be closed. The motion prevailed. The election of the Speaker Pro Tern was ordered on the roll call machine. Those voti"nngayf"o.r Representative Connell voted "aye". Those voting for Representative Stancil voted The vote was as follows: Y Alien Y Anderson N Ashe Y Bailey Y Baker N Bannister YBarfoot N Barnard YBarnes Y Bates Y Benefield YBirdsong N Bobannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell Y Canty Y Carter NCash Y Channel! Y Childers N Clark NCoan N Coleman, B Y Coleman, T Y Connell N Cooper N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B DeLoach, G NDix Diion, H Y Dixon, S Dobbs Y Dukes NEhrhart YKpps N Evans N Everett N Felton Y Floyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree Y Manner N Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Y Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis YLord Lucas Y Maddox NMann N Manning Y Martin, J N Martin, J.L NMassey Y McBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal Y Orrock YParham Y Parrish N Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott YShanahan YShaw Y Shenill N Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow Y StaJlings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman N Titus Y Tolbert NTrense Y Turnquest Twiggs Y Walker, L N Walker, R.L YWest N Westmorland N Whitaker N Wiles N Williams, B Williams, J N Williams, R N Worthan N Yates Murphy, Spkr On the election of the Speaker Pro Tern, the Honorable Jack Connell received 102 votes and the Honorable Steve Stancil received 71 votes. The Honorable Jack Connell of the 115th, having received the majority of the votes cast, is thereby declared elected Speaker Pro Tern of the House for the ensuing term. 16 JOURNAL OF THE HOUSE, Due to a mechanical malfunction, the vote of Representatives Dobbs of the 92nd and Twiggs of the 8th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following members: Representatives Powell of the 23rd, Royal of the 164th, Jones of the 71st, Davis of the 48th, Lane of the 146th, McBee of the 88th, Ray of the 128th and Childers of the 13th. The Honorable Jack Connell of the 115th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him as Speaker Pro Tern of the House of Representatives. The next order of business being the election of a Messenger of the House for the 1997-1998 term, Representative Benefield of the 96th placed in nomination the name of the Honorable Elmore C. Thrash of Lowndes County, which nomination was seconded by Representative Golden of the 177th. Representative Walker of the 141st moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Elmore C. Thrash of Lowndes County received 180 votes, being the entire vote of the membership present. The Speaker appointed as a committee to escort the Messenger to the Speaker's stand the following members: Representatives Walker of the 141st, Baker of the 70th, Jamieson of the 22nd, Carter of the 166th, Williams of the 114th, Shaw of the 176th, Reaves of the 178th and Hudson of the 156th. The Messenger was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Messenger of the House of Representatives. The next order of business being the election of a Doorkeeper of the House for the 1997-1998 term, Representative Ray of the 128th placed in nomination the name of the Honorable Ward Edwards, which nomination was seconded by Representative Greene of the 158th. Representative Walker of the 141st moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Ward Edwards received 180 votes, being the entire vote of the membership present. The Honorable Ward Edwards was thereby declared elected Doorkeeper of the House for the ensuing term. The Speaker appointed as a committee to escort the Doorkeeper to the Speaker's stand the following members: Representatives Lane of the 146th, Floyd of the 138th, Harbin of the 113th, Dixon of the 168th, Smith of the 169th, Mosley of the 171st, James of the 140th, Barnes of the 33rd and Snow of the 2nd. MONDAY, JANUARY 13, 1997 17 The Honorable Ward Edwards was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Doorkeeper of the House of Representatives. The following Resolution of the House was read: HR 8. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th 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 1996 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 1997 session and for the duration of this General Assembly, with the following amendments which are also hereby adopted: SECTION 1. The Rules of the House of Representatives in force at the end of the regular 1996 session are amended by striking Rules 33 and 34 and inserting in their place new rules to read as follows: "Rule 33. No rule shall be temporarily suspended or temporarily changed nor the order of business changed except by unanimous consent or by an affirmative vote of twothirds of the members to which the House is entitled. "Rule 34. No change amendment or addition to these rules shall be made unless such proposed change amendment or addition is first referred in writing to the Committee on Rules and reported back to the House where it may then be adopted by affirmative vote of a majority of the members to which the House is entitled. However, the rules may be temporarily suspended as provided in Rule 33 without referral to the Committee on Rules." SECTION 2. The Rules of the House of Representatives in force at the end of the regular 1996 session are further amended by adding at the end of Rule 53 a new paragraph to read as follows: "A committee may act upon a bill, resolution, or other matter when the House is in session or on a day on which the House is not in session during a recess or adjournment after the opening day of a regular session and prior to the last day of a session. When a committee so acts during a day of recess or adjournment, the Clerk of the House may accept the report of the committee on such day, and the committee report shall be received and read by the House on the next day when the House is in session. A committee may not take official action after the adjournment sine die of a session and prior to the convening of the next session." On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Andereon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene 18 JOURNAL OF THE HOUSE, Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStaUings Y Stancil, F Y Stancil, S On the adoption of the Resolution, the ayes were 178, nays 0. The Resolution was adopted. Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr The following Resolution of the House was read and adopted: HR 9. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th A RESOLUTION To notify the Senate that the House of Representatives has convened; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business. The following Resolution of the House was read: HR 10. By Representative Walker of the 141st A RESOLUTION Relative to officials, employees, and committees in the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1997 regular session of the General Assembly of Georgia and until otherwise provided for by resolution of the House: Part 1. SECTION 1-1. Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, MONDAY, JANUARY 13, 1997 19 and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader. SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available. SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House. Part 2. SECTION 2-1. Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's Office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, roll-call operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk. SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount he was receiving at the time of adoption of this resolution by the House. In addition to that amount, he shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the executive, judicial, and legislative branches of state government. During his tenure of office, he shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by him. Part3. SECTION 3-1. Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ in his office interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and 20 JOURNAL OF THE HOUSE, duties of personnel employed pursuant to this section shall be as determined by the Speaker. Part 4. SECTION 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader. SECTION 4-2. (a) During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year. (b) In addition to the days provided for in subsection (a) of this Section and without counting towards the limit specified in said subsection (a), each member of the House is designated as a committee of one for the purpose of carrying out legislative duties on any weekday which: (1) is a one day recess or adjournment during a regular session; and (2) occurs after Monday and prior to Friday. For each such day of service, each member shall receive the expense and travel allowances (not including mileage which shall be covered by the weekly round trip) for legislative members of interim legislative committees. SECTION 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House. Part5. SECTION 5-1. During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as he might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees. SECTION 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the MONDAY, JANUARY 13, 1997 21 interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairperson of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. Part 6. SECTION 6-1. The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's Office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office. SECTION 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause. SECTION 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives. The following amendment was read and adopted: Representatives Irvin of the 45th and Walker of the 141st move to amend HR 10 as follows: By changing the period at the end of line 18, page 4, to a comma, and inserting thereafter the following: "if such member has engaged in legislative business on that day, but not otherwise." On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Barnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner YBunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childere Y Clark Y Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper 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 Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann 22 JOURNAL OF THE HOUSE, Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney YMills Y Mobley Y Mosley Y Mueller YCCNeal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y PurceU YRagas YRaridall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStafflngs Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, as amended, the ayes were 177, nays 0. The Resolution was adopted, as amended. The following Resolutions of the House were read and adopted: HR 11. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th A RESOLUTION To notify the Governor that the General Assembly has convened; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business. HR 12. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Tuesday, January 14, 1997, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor. BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives. HR 13. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th MONDAY, JANUARY 13, 1997 23 A RESOLUTION Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the 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., Tuesday, January 14, 1997, to hear an address by His Excellency, the Governor. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals. HR 14. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 16, 1997, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor. BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives. HR 15. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th 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., Friday, January 17, 1997, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice 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 Representatives for the purpose of hearing the address from Chief Justice Benham. 24 JOURNAL OF THE HOUSE, BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals. The following Resolution of the House was read: HR 16. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th 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 17, 1997, and shall reconvene on Monday, January 27, 1997. BE IT FURTHER RESOLVED that, unless otherwise provided by subsequent joint resolution, after reconvening on January 27 for the duration of the remainder of the 1997 regular session of the General Assembly the General Assembly shall: (1) Adjourn at midnight on each Tuesday on which the General Assembly is in session and reconvene on the Thursday next following; and (2) Adjourn at midnight on each Friday on which the General Assembly is in session and reconvene on the Monday next following. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for reconvening the Senate on each day may be as ordered by the Senate; and the hour for reconvening the House on each day 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 Anderaon YAshe Y Bailey Y Baker Y Bannister Barfoot Y Barnard Barnes Bates Benefield Y Birdsong Y Bohannon N Bordeaux Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y ChanneU Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper 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 YDobbs Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Greene Y Grindley Hammontree Hanner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom Y Henson Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton McKinney Y Mills Mobley Y Mosley Y Mueller O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Reaves Y Reichert YRice Richardson Y Roberts Y Rogers Y Royal Y Sanders Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper N Thomas YTillman Titus Y Tolbert MONDAY, JANUARY 13, 1997 25 Y Trenue YTuinquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R On the adoption of the Resolution, the ayes were 148, nays 3. The Resolution was adopted. Y Worthan Y Yates Murphy, Spkr Due to a mechanical malfunction, the vote of Representative Holland of the 157th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 36. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th, Skipper of the 137th and others: A resolution inviting the Honorable Sam Nunn to appear before the Georgia House of Representatives. HR 37. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th, Skipper of the 137th and others: A resolution creating the Sam Nunn Tribute Commission. HR 38. By Representatives Walker of the 141st, Murphy of the 18th, Benefield of the 96th, Bailey of the 93rd, Hecht of the 97th and others: A resolution recognizing Representative Bill Lee, the "Dean 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 committees: HB 1. By Representatives Franklin of the 39th, Powell of the 23rd, Crews of the 78th, Stancil of the 16th, Alien of the 117th and others: A bill to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to state income taxation, so as to change certain tax tables used for computing such tax; to provide for a short title; to provide an effective date. Referred to the Committee on Ways & Means. HB 14. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th: A bill to amend Article 4 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the local option sales tax for educational purposes, so as to further define and implement procedures with respect to concurrent resolution requirements. Referred to the Committee on Ways & Means. HB 15. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th: A bill to amend Code Section 48-8-112 of the Official Code of Georgia Annotated, relating to the commencement and termination of the special county 1 percent sales and use tax, so as to change the provisions regarding the date of termination of the tax; to provide for applicability. Referred to the Committee on Ways & Means. 26 JOURNAL OF THE HOUSE, HB 24. By Representative Buckner of the 95th: 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 jurisdiction and authorize the juvenile court to order the payment of child support for juveniles detained after an adjudication of delinquency. Referred to the Committee on Judiciary. HB 30. By Representative Buckner of the 95th: 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 provide for waiver and exemption stations and to provide for the inapplicability of certain requirements and penalties in counties without the minimum number of such stations. Referred to the Committee on Natural Resources & Environment. HB 33. By Representatives Jones of the 71st and Kaye of the 37th: A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters applicable to banks and trust companies, so as to provide that no such institution shall require a fingerprint as a requirement for cashing a check or similar instrument; to provide that a financial institution shall cash certain checks on which the state is maker. Referred to the Committee on Banks & Banking. HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. Referred to the Committee on Appropriations. HB 35. By Representatives Barnes of the 33rd and Murphy of the 18th: 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 generally, so as to provide for reimbursement of medical benefits paid by insurers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages. January 13, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 35. This notice is made prior to or upon reading the bill the first time. /s/ Barnes Representative 33rd District Referred to the Committee on Judiciary. MONDAY, JANUARY 13, 1997 27 HB 36. By Representative Buckner of the 95th: A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to penalties for the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana, so as to provide that any person who violates certain provisions of said Code section shall be sentenced to a term of imprisonment as authorized by law without parole, and such person shall not be eligible for parole during such term of imprisonment. Referred to the Committee on Special Judiciary. HB 37. By Representative Buckner of the 95th: A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relating to selection, and qualification of candidates, so as to provide for a temporary waiver of the drug test requirement for candidates for state office who are not incumbents. Referred to the Committee on Governmental Affairs. HB 38. By Representative Buckner of the 95th: 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 jurisdiction and authorize the juvenile court to order the payment of child support for juveniles detained after an adjudication of delinquency; to provide for consideration of the financial status or income of the parents. Referred to the Committee on Judiciary. HB 39. By Representative Buckner of the 95th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to define and regulate independent expenditures made to advocate the election or defeat of a particular candidate. Referred to the Committee on Rules. HB 40. By Representative Buckner of the 95th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to eliminate a penalty for early retirement. Referred to the Committee on Retirement. HB 41. By Representative Buckner of the 95th: 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 require the judge to permit inspection of juvenile court records and files by certain school officials; to require the court to provide notice within two days to the school superintendent of any child adjudicated delinquent for a second or subsequent time or of any adjudicatory proceeding involving a designated felony. Referred to the Committee on Judiciary. 28 JOURNAL OF THE HOUSE, HB 42. By Representative Buckner of the 95th: A bill to amend Code Section 20-2-756 of the Official Code of Georgia Annotated, relating to reports to law enforcement officials, so as to provide that alleged incidents of assault or battery by a student in grades 7 through 12 upon a teacher, other school official or employee, or upon another student shall be reported to the appropriate law enforcement agency. Referred to the Committee on Education. HB 43. By Representative Buckner of the 95th: A bill to amend Chapter 17A of Title 31 of the Official Code of Georgia Annotated, relating to control of Human Immunodeficiency Virus (HIV), so as to provide that a student who bites any school personnel or a detainee, arrestee, or prisoner who bites any law enforcement, corrections, or judicial personnel shall be required to pay the costs of an HIV test on request of the affected individual. Referred to the Committee on Health & Ecology. HB 44. By Representative Buckner of the 95th: A bill to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force and the state-wide comprehensive educational information network, so as to require each local school system to be on-line with the state-wide comprehensive educational information network; to require the electronic transmission of certain student information. Referred to the Committee on Education. HB 45. By Representative Buckner of the 95th: A bill to amend Code Section 20-2-752 of the Official Code of Georgia Annotated, relating to the establishment of disciplinary hearing officers, panels, or tribunals for imposition of suspension or expulsion, so as to require boards of education to establish student codes and standards of conduct for certain purposes. Referred to the Committee on Education. HB 46. By Representative Buckner of the 95th: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive and unfair practices, so as to provide that a retail seller of clothing shall be required to mark the sales price or the sales prices and the percentage or fixed amount of reduction from such sales price on each article of clothing sold by such retailer. Referred to the Committee on Industry. HB 47. By Representatives Buckner of the 95th and Reaves of the 178th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that it shall be illegal for a candidate to qualify in a federal, state, county, or municipal primary or election in a district where he or she is not qualified to run. Referred to the Committee on Governmental Affairs. MONDAY, JANUARY 13, 1997 29 HB 48. By Representative Irvin of the 45th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting of applicants for drivers' licenses and certain identification cards and require the destruction of fingerprints obtained. Referred to the Committee on Motor Vehicles. HB 49. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and Greene of the 158th: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise the laws of this state relating to fertilizers; to provide for administration of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing. Referred to the Committee on Agriculture & Consumer Affairs. HB 50. By Representative Irvin of the 45th: A bill to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of maintenance and use of public roads, so as to provide for purchasing the use of high occupancy vehicle lanes. Referred to the Committee on Transportation. HB 51. By Representative Irvin of the 45th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the provisions relating to license plate display. Referred to the Committee on Motor Vehicles. HB 52. By Representative Barnes of the 33rd: 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 authorize the various counties to contract with the State Personnel Board for the participation of certain county officers in the state employees' health insurance plan. Referred to the Committee on Insurance. HB 53. By Representative Barnes of the 33rd: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting of applicants for drivers' licenses; to prohibit the requirement of fingerprinting of applicants for identification cards issued by the Department of Public Safety. Referred to the Committee on Motor Vehicles. 30 JOURNAL OF THE HOUSE, HB 54. By Representative Barnes of the 33rd: A bill to amend Code Section 36-15-7 of the Official Code of Georgia Annotated, relating to the use of county law library funds, so as to authorize the board of trustees of a county law library to grant excess county law library funds to charitable tax exempt organizations which provide legal representation for low-income people. Referred to the Committee on Judiciary. HB 55. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between a principal and an agent, so as to provide that no power of attorney shall be effective to authorize the transfer of the ownership of real or personal property of the principal to the agent holding such power of attorney unless such transfer is first approved by the judge of the probate court of the county in which the principal resides. Referred to the Committee on Judiciary. HB 56. By Representative Barnes of the 33rd: A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits available to appellate court judges under the Employees' Retirement System of Georgia, so as to reduce the retirement age applicable to such judges. Referred to the Committee on Retirement. HB 57. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in landfills having a liner which meets certain requirements. Referred to the Committee on Natural Resources & Environment. HB 58. By Representative Greene of the 158th: A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the compensation of the members of the board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 59. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th, Smyre of the 136th, Hugley of the 133rd and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by postsecondary education organizations. Referred to the Committee on Ways & Means. MONDAY, JANUARY 13, 1997 31 HB 60. By Representatives Baker of the 70th, Ladd of the 59th, Walker of the 141st, Irvin of the 45th, Sherrill of the 62nd and others: A bill to amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, so as to authorize the proceeds of such tax to be used in part for certain capital outlay projects. Referred to the Committee on Ways & Means. HB 61. By Representatives Teper of the 61st, Ladd of the 59th, Baker of the 70th, Sherrill of the 62nd, Maddox of the 72nd and others: A bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. Referred to the Committee on State Planning & Community Affairs - Local. HB 62. By Representatives Wiles of the 34th, Johnston of the 81st and Parsons of the 40th: 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. Referred to the Committee on Motor Vehicles. HB 63. By Representatives Wiles of the 34th, Johnston of the 81st, Ehrhart of the 36th and Parsons of the 40th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for non-prescription drugs. Referred to the Committee on Ways & Means. HB 64. By Representatives Hegstrom of the 66th, Mobley of the 69th, Buckner of the 95th and Hudson of the 120th: A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to change the definitions of the terms "family violence" and "family or household members". Referred to the Committee on Special Judiciary. HB 65. By Representatives Irvin of the 45th and Polak of the 67th: 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 prohibit the grant of state funds to certain hospital authorities. Referred to the Committee on Health & Ecology. HB 66. By Representative McBee of the 88th: A bill to amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating to records of adoptions, so as to provide for the release of the identity of a biological parent to an adopted child if the biological parent is deceased. Referred to the Committee on Judiciary. 32 JOURNAL OF THE HOUSE, HB 67. By Representative McBee of the 88th: A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Training Council, so as to change the membership of the council; to change the number of members required for a quorum. Referred to the Committee on Judiciary. HB 68. By Representative McBee of the 88th: 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 establish training requirements for persons employed on or after July 1, 1997, as a juvenile court intake worker or juvenile court probation officer; to provide for funding by county governing authorities. Referred to the Committee on Judiciary. HB 69. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Article 4 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxation of financial institutions, so as to change certain provisions regarding local business license taxes on depository financial institutions. Referred to the Committee on Ways & Means. HB 70. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th, Royal of the 164th and Jamieson of the 22nd: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for an exemption with respect to the sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components. Referred to the Committee on Ways & Means. HB 71. By Representatives Murphy of the 18th and Shanahan of the 10th: A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objection to such calls to the Georgia Public Service Commission. Referred to the Committee on Industry. HB 72. By Representative Murphy of the 18th: 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 change the conditions under which a parking permit may be issued to an institution transporting one or more persons with disabilities. Referred to the Committee on Human Relations & Aging. MONDAY, JANUARY 13, 1997 33 HB 73. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change certain provisions regarding the filing of instruments securing long-term notes. Referred to the Committee on Ways & Means. HB 74. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to change certain provisions regarding taxation of individuals. Referred to the Committee on Ways & Means. HB 75. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to change certain provisions with respect to authorized forms of payment. Referred to the Committee on Ways & Means. HB 76. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to change certain provisions relating to the levy and rate of taxation with respect to certain motor fuels. Referred to the Committee on Ways & Means. HB 77. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: 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 change certain provisions relating to assessment of tangible property. Referred to the Committee on Ways & Means. HB 78. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to change certain provisions regarding taxation of corporations. Referred to the Committee on Ways & Means. 34 JOURNAL OF THE HOUSE, HB 79. By Representatives Hegstrom of the 66th, Baker of the 70th, Sherrill of the 62nd and Byrd of the 170th: A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Parking Law for Persons with Disabilities, so as to provide for uniforms for persons appointed for enforcement purposes. Referred to the Committee on Human Relations & Aging. HB 80. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to change certain provisions regarding the imposition of such tax. Referred to the Committee on Ways & Means. HB 81. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to change certain provisions regarding certain sales and use tax exemptions with respect to certain motor fuels. Referred to the Committee on Ways & Means. HB 82. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd: A bill to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, so as to change certain provisions regarding applicability to certain instruments, deeds, or writings. Referred to the Committee on Ways & Means. HB 83. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and Royal of the 164th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law. Referred to the Committee on Ways & Means. HB 84. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and Royal of the 164th: A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions with respect to the distribution of tax revenues. Referred to the Committee on Ways & Means. MONDAY, JANUARY 13, 1997 35 HB 85. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and Royal of the 164th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to provide for refundable credits with respect to previously taxed income which is subsequently repaid by the taxpayer. Referred to the Committee on Ways & Means. HB 86. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and Royal of the 164th: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to change certain provisions with respect to adjustments to federal adjusted gross income by certain resident or nonresident shareholders. Referred to the Committee on Ways & Means. HB 87. By Representatives Buck of the 135th, Royal of the 164th, Williams of the 114th and Harbin of the 113th: A bill to amend Code Section 48-7-100 of the Official Code of Georgia Annotated, relating to definitions regarding current income tax payment, so as to change the definition of the term "employee"; to define the term "independent contractor" with respect to withholding of taxes. Referred to the Committee on Ways & Means. HB 88. By Representatives Buck of the 135th, Barnes of the 33rd, Lee of the 94th, Cummings of the 27th, Walker of the 141st and others: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that members of such retirement system who were retired on July 1, 1996, with more than 16 years of creditable service shall receive a benefit increase for each year of service over 16 years. Referred to the Committee on Retirement. HB 89. By Representative Lucas of the 124th: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, 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 90. By Representatives Pinholster of the 15th and Crews of the 78th: A bill to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for postsecondary enrollment or certain financial assistance, so as to provide certain financial assistance to qualified home schooled children. Referred to the Committee on Education. 36 JOURNAL OF THE HOUSE, HB 91. By Representative Parham of the 122nd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to persons not to be issued drivers' licenses; to require a course of driver education for certain applicants for drivers' licenses; to prohibit the operation of a motor vehicle by a person under 17 years of age between certain hours. Referred to the Committee on Motor Vehicles. HB 92. By Representative Parham of the 122nd: A bill to amend Code Section 26-4-51 of the Official Code of Georgia Annotated, relating to the arrest authority of the director and agents of the Georgia Drugs and Narcotics Agency, so as to authorize the director and agents to retain their weapons and badges under certain conditions. Referred to the Committee on Public Safety. HB 93. By Representatives Buck of the 135th, Walker of the 141st, Lee of the 94th, Murphy of the 18th and Coleman of the 142nd: A bill to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, so as to provide for additional licensing authority of the state revenue commissioner; to authorize any farm winery to sell its wines and to make sales of alcoholic beverages for consumption on the premises at certain facilities located at or on property contiguous to the farm winery. Referred to the Committee on Regulated Beverages. HB 94. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Hugley of the 133rd, Taylor of the 134th 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 provide authorization with certain conditions for certain local consolidated governments to levy such tax. Referred to the Committee on Ways & Means. HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th, Walker of the 141st, Skipper of the 137th 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 Governmental Affairs. HB 96. By Representatives Williams of the 114th and Harbin of the 113th: A bill to amend Chapter IDA 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 provide for the licensing of master's level psychologists. Referred to the Committee on Health & Ecology. MONDAY, JANUARY 13, 1997 37 HB 97. 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 change certain provisions relating to fees and charges generally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to qualifications for license applicants. Referred to the Committee on Insurance. HB 98. By Representatives Royal of the 164th, Bates of the 179th and Shanahan of the 10th: A bill to amend Code Section 28-1-15 of the Official Code of Georgia Annotated, relating to restrictions on population bills, so as to provide for additional types of bills which shall be classified as prohibited population bills. Referred to the Committee on State Planning & Community Affairs. HB 99. By Representatives Ehrhart of the 36th, Everett of the 163rd, DeLoach of the 119th, Irvin of the 45th, Wiles of the 34th and others: A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that neither the State of Georgia, its agents, nor any of its political subdivisions shall use race, color, creed, gender, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group. Referred to the Committee on Judiciary. HB 100. By Representatives Barnard of the 154th, Williams of the 63rd and Smith of the 175th: A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a minor may not give permission for lawful entry onto the property or premises of the minor's parent or guardian in certain circumstances. Referred to the Committee on Special Judiciary. HB 101. 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 vehicles, so as 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 102. By Representative Ladd of the 59th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to change certain provisions relating to form and contents of applications for registration; to change certain provisions relating to certificates of registration. Referred to the Committee on Ways & Means. 38 JOURNAL OF THE HOUSE, HB 103. By Representatives Campbell of the 42nd, Irvin of the 45th, Ehrhart of the 36th and Evans of the 28th: A bill to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment of serious violent offenders, so as to provide that the sentences of offenders convicted of serious violent felonies, as defined in said Code section, prior to January 1, 1995, may not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles until such offender has served a minimum of 85 percent of his or her sentence. Referred to the Committee on Special Judiciary. HB 104. By Representative Davis of the 60th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers. Referred to the Committee on Motor Vehicles. HB 105. By Representatives Jones of the 71st, Walker of the 141st, Skipper of the 137th, Barnes of the 33rd and Reichert of the 126th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that it shall be unlawful for any judge or prosecuting attorney to publish a book or article for remuneration relating to any criminal prosecution until such prosecution is resolved. Referred to the Committee on Judiciary. HB 106. By Representative Jones of the 71st: A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide that an enrollee of a health maintenance organization who does not receive health care services within seven days after requesting the same may seek such services from any provider and the cost shall be borne by such health maintenance organization. Referred to the Committee on Health & Ecology. HB 107. By Representative Jones of the 71st: 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 Industry. HB 108. By Representative Jones of the 71st: A bill to amend Code Section 33-21-15 of the Official Code of Georgia Annotated, relating to annual reports filed by health maintenance organizations, so as to provide that such organizations shall disclose the criteria for determining the payment to a provider of anything of value above compensation for services rendered or goods provided. Referred to the Committee on Health & Ecology. MONDAY, JANUARY 13, 1997 39 HB 109. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of the crime, so as to provide for the sentence of life without parole in prosecutions in which the death sentence is sought but the defendant is found to be guilty but mentally ill or guilty but mentally retarded. Referred to the Committee on Special Judiciary. HB 110. By Representative Barnes of the 33rd: 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 generally, so as to provide for a special license plate honoring and supporting the Shrine hospitals for children. Referred to the Committee on Motor Vehicles. HB 111. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th, Martin of the 145th and Graves of the 125th: 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 provide for penalties relating to flunitrazepam. Referred to the Committee on Health & Ecology. HB 112. By Representatives Taylor of the 134th, Buck of the 135th, Sinkfield of the 57th and Trense of the 44th: A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with regard to children and youth services, so as to change a provision relating to the amount of financial assistance which may be provided to families adopting hard-to-place children. Referred to the Committee on Children and Youth. HB 113. By Representative Smith of the 109th: A bill to amend Code Section 35-8-20 of the Official Code of Georgia Annotated, relating to training requirements for police chiefs, department heads, and wardens, so as to provide that such training shall be in sessions selected and provided by the Georgia Association of Chiefs of Police, the Georgia Prison Wardens Association, or the Georgia Peace Officer Standards and Training Council. Referred to the Committee on Public Safety. HB 114. By Representative Barnard of the 154th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change a definition; to change certain provisions regarding jurisdiction of juvenile court; to change certain provisions regarding commencement of proceedings in juvenile court. Referred to the Committee on Judiciary. 40 JOURNAL OF THE HOUSE, HB 115. By Representative Smith of the 109th: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, 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 116. By Representative Smith of the 109th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for furnishing personal information contained in motor vehicle registration records to licensed private detectives or private detective companies for certain purposes; to provide for furnishing personal information contained in motor vehicle certificate of title records to licensed private detectives or private detective companies. Referred to the Committee on Motor Vehicles. HB 117. By Representative Smith of the 109th: A bill to amend Code Section 17-10-4 of the Official Code of Georgia Annotated, relating to the punishment for misdemeanors of a high and aggravated nature, so as to change the provisions relating to the place of confinement of a person convicted of a misdemeanor of a high and aggravated nature. Referred to the Committee on Special Judiciary. HB 118. By Representative Smith of the 109th: A bill to amend Code Section 10-1-393.2 of the Official Code of Georgia Annotated, relating to requirements for health spas, so as to provide that with respect to any contract for health spa services entered into or renewed on or after July 1, 1997, the health spa member or the health spa operator shall have the right to cancel the contract upon providing 30 days' written notice of such cancellation by certified mail to the other party to the contract. Referred to the Committee on Health & Ecology. HB 119. By Representatives Buck of the 135th, Murphy of the 18th, Walker of the 141st, Dixon of the 168th, Hanner of the 159th and others: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state. Referred to the Committee on Regulated Beverages. HR 3. By Representatives Buckner of the 95th and Culbreth of the 132nd: A resolution proposing an amendment to the Constitution so as to provide that crime victims shall have certain rights, as provided by law; to authorize the General Assembly to provide by general law for the enforcement of crime victims' rights. Referred to the Committee on Special Judiciary. MONDAY, JANUARY 13, 1997 41 HR 4. By Representatives Buckner of the 95th and Culbreth of the 132nd: A resolution proposing an amendment to the Constitution so as to provide that laws shall be enacted that define, preserve, and protect innocent victims of crime, that victims of crime shall be treated with fairness, respect, and dignity and shall be free from intimidation, harassment, or abuse throughout the criminal justice process and thereafter, and that those convicted of crimes against victims shall make restitution to victims and the State of Georgia. Referred to the Committee on Special Judiciary. HR 6. By Representatives Royal of the 164th, Buck of the 135th and Jamieson of the 22nd: 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 7. By Representatives Royal of the 164th, Buck of the 135th and Jamieson of the 22nd: 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 17. By Representative Bannister of the 77th: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 19. By Representative Pinholster of the 15th: A resolution creating the House Income Tax Study Committee. Referred to the Committee on Ways & Means. HR 20. By Representative Buckner of the 95th: A resolution creating the House Study Committee on Homelessness in Georgia. Referred to the Committee on Children and Youth. HR 21. By Representative Pinholster of the 15th: A resolution compensating Mr. Andrew Steven Jenkins. Referred to the Committee on Appropriations. HR 22. By Representative Pinholster of the 15th: A resolution compensating Ms. Darla J. Alfredson. Referred to the Committee on Appropriations. 42 JOURNAL OF THE HOUSE, HR 23. By Representatives Wiles of the 34th and Johnston of the 81st: A resolution proposing an amendment to the Constitution so as to provide that no general bill creating 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 Asembly in a roll-call vote. Referred to the Committee on Ways & Means. HR 24. By Representative Smith of the 19th: A resolution amending the Rules of the House. Referred to the Committee on Rules. HR 25. By Representatives Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Pinholster of the 15th and Stancil of the 16th: A resolution amending the Rules of the House. Referred to the Committee on Rules. HR 26. By Representatives Day of the 153rd, Ladd of the 59th and Felton of the 43rd: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 27. By Representatives Williams of the 114th and Harbin of the 113th: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 31. By Representative Mills of the 21st: A resolution amending the Rules of the House. Referred to the Committee on Rules. HR 32. 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 Special Judiciary. HR 33. By Representatives Mosley of the 171st, Byrd of the 170th, Purcell of the 147th, Royal of the 164th, Smith of the 175th and others: A resolution creating the House Study Committee on Paternal Responsibility. Referred to the Committee on Health & Ecology. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: MONDAY, JANUARY 13, 1997 43 Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 2. By Senators Walker of the 22nd, Perdue of the 18th and Scott of the 36th: A resolution to notify the House of Representatives that the Senate has convened. The Speaker announced the following committee assignments: AGRICULTURE & CONSUMER AFFAIRS (D) Reaves, Chairman . (D) Floyd, Vice-Chairman (D) Purcell, Ann, Secretary (R) Barnard (D) Carter (R) Crawford (R) Evans (D) Greene (D) Holland (D) James (D) McCall (R) Mills (R) Pinholster (R) Sanders (D) Sims (R) Titus APPROPRIATIONS (D) Coleman, Terry, Chairman (D) Smith, Paul, Vice-Chairman (D) Greene, Secretary (R) Breedlove (D) Buckner (R) Campbell m(Di) ChfatnMnel11l (/rDD>)\ CCr>ohnilnd-eeilrrls (D) Cummmgs (D) Davis, Grace (R) DeLoach, Buddy mR vn-TXnn>> * an"nyy S ?lo^d S ?,loyd R 2^hTnr mi WA S Seald (D) H"oell8a0nnd, (R) Mueller (D) Orrock (D) Parrish (R) Parsons (D) Perry m) porter (
)) Powe11 ({"D">) D( g g aD SSimnkitfhie- lCdharlie (D) Smith' Larrv (D) Smith, Tommy S^6 Snow (D) Stancil, Frank (,R) Stancil, Steve (D) Hudson (R) Johnson (D) Lane (D) Lee (D) Lucas (D) Martin, Jim (D) McKinney (D) Mosley m w, T ; ' Walker' Larrv whitaker (R) Williams, Betty Jo (R) Williams, Robin (R) Yates (D) Buck, Ex-Officio (D) Jamieson, Ex-Officio 44 JOURNAL OF THE HOUSE, (D) Parrish, Chairman (D) Stallings, Vice-Chairman (D) Lewis, Secretary (D) Anderson (R) Ashe (D) Bailey (R) Bannister D SET > a*es ((DR)) BCraindtgyes (R) Cash (R) Clark (R) Coan (R) Dix (R) Ehrhart (D) Epps (D) Floyd BANKS & BANKING (R) Franklin (D) Golden (D) Hecht (D) Howard (R) Hudgens (D) Hudson (R) Ladd (R) LaUy (R) Manning >' MTMlmlls, ?> I R R"* (R) Sauder (R) Scheid (D) Smith, Larry (D) Thomas (D) West (D) Sinkfield, Chairman (D) McBee, Vice-Chairman (D) McClinton, Secretary (D) Anderson (R) Barnard (R) Bohannon (R) Bradford (D) Buckner CHILDREN & YOUTH (R) Clark (R) Lakly (D) McKinney (D) O'Neal (R) Smith, Clint (R) Smith, Lynn (D) Taylor (D) Thomas DEFENSE & VETERANS AFFAIRS (D) Birdsong, Chairman (D) Smith, Charlie, Vice-Chairman (D) Roberts, Secretary (R) Bunn (R) Crews (R) DeLoach, Buddy (D) Heckstall (R) Mann (D) Poag (D) Sims (R) Smith, Clint (D) Porter, Chairman (D) Taylor, Vice-Chairman (D) O'Neal, Secretary (D) Anderson (R) Ashe (R) Cash (R) Coleman, Brooks (D) Hugley (R) Kaye (R) Martin, Jim L. (D) Purcell EDUCATION (R) Rice (R) Scarlett (D) Sherrill (D) Sims (D) Sinkfield (D) Smith, Charlie (R) Snelling (D) Thomas (D) Tolbert (R) Trense (R) Williams, Jeff (D) Smith, Larry, Chairman (D) Connell ETHICS (R) Ehrhart (R) Evans MONDAY, JANUARY 13, 1997 45 (R) Irvin (D) Lee (D) Martin, Jim (R) Mueller (D) Carter, Chairman (D) Pelote, Vice-Chairman (D) Shaw, Secretary (R) Davis, Max (R) DeLoach, George (R) Grindley (D) Hanner (D) Skipper (D) Stanley, LaNett (D) Walker, Larry GAME, FISH & PARKS (R) Joyce (D) Ponder (D) Ragas (D) Stanley, Pam (R) Titus (D) Twiggs (R) Walker, Len (D) Holmes, Chairman (D) Canty, Vice-Chairman (D) Ponder, Secretary (R) Bohannon GOVERNMENTAL AFFAIRS (R) DeLoach, Buddy (D) Hecht (D) Hudson (R) Scott (D) Childers, Chairman (D) Orrock, Vice-Chairman (D) Jones, Secretary (D) Bordeaux (R) Brown (R) Culbreth (R) Graves (D) Henson (D) Hudson (R) Irvin (D) McClinton (D) McKinney HEALTH & ECOLOGY (D) O'Neal (D) Parham (R) Parsons (D) Randall (R) Shipp (R) Smith, Clint (D) Smith, Tommy (R) Walker, Len (D) West (R) Wiles (R) Williams, Robin (R) Worthan HUMAN RELATIONS & AGING (D) Lucas, Chairman (D) Hegstrom (D) Davis, Grace, Vice-Chairman (R) Smith, Vance (D) Sherrill, Secretary (D) Tillman (R) Brown (R) Walker, Len (R) Crawford INDUSTRIAL RELATIONS (D) Lane, Chairman (D) Howard, Vice-Chairman (D) Bordeaux, Secretary (D) Alien (R) Bannister (R) Bradford (R) Bunn (R) Coan (R) Hammontree (D) Maddox (R) Mann (D) Martin, Jim (D) Orrock (R) Sanders (D) Teague (D) Turnquest (D) Hudson, Chairman (D) Brooks, Vice-Chairman INDUSTRY (D) Reichert, Secretary (D) Bailey 46 JOURNAL OF THE HOUSE, (D) Barfoot (R) Brown (D) Buckner (R) Burkhalter (D) Byrd (R) Cash (R) Cooper (R) Day (R) DeLoach, George (D) Dukes (R) Hudgens (D) Hugley (R) Jackson (R) Johnston (D) Jones (D) Lee (D) Lewis (R) Martin, Jim L. (R) Parsons (D) Polak (D) Powell (D) Ray (R) Richardson (D) Skipper (D) Snow (D) Teper (R) Westmoreland (R) Williams, Jeff (R) Williams, Betty Jo (R) Worthan (D) Lord, Chairman (D) Henson, Vice-Chairman (D) Heard, Secretary (R) Bannister (R) Burkhalter (R) Culbreth (R) Ehrhart (R) Harbin (D) Hugley INSURANCE (R) Ladd (D) Lucas (D) Maddox (D) Shaw (R) Shipp (D) Stanley, Pam (R) Tolbert (D) Turnquest (R) Williams, Robin INTERSTATE COOPERATION (D) Greene, 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) Taylor (R) Williams, Robin (D) Ray, Chairman (D) Byrd, Vice-Chairman (D) West, Secretary (R) Bohannon JOURNALS (R) Everett (R) Johnston (D) Maddox (D) Martin, Jim, Chairman (D) Barnes, Vice-Chairman (D) Alien, Secretary (D) Baker (D) Bordeaux JUDICIARY (R) Campbell (R) Crawford (R) Davis, Max (R) Dix (R) Hammontree MONDAY, JANUARY 13, 1997 47 (D) Hecht (D) Reichert (R) Richardson (D) Teper (D) Tolbert (D) Walker, Larry LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT (D) Smith, Tommy, Chairman (D) Holland, Vice-Chairman (D) Perry, Secretary (R) Bunn (R) Hudgens (D) Lewis (R) Massey (>) Purcell (R) Everett (R) Franklin (R) Harbin (D) Hegstrom T XT (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) Teague, Secretary (D) Dixon, Harry (D) Porter MOTOR VEHICLES (R) Rice (D) Roberts (R) Scott (R) Wiles (R) Yates NATURAL RESOURCES AND ENVIRONMENT (D) Manner, Chairman (D) Bailey, Vice-Chairman (D) Tillman, Secretary (R) Ashe (D) Barfoot (R) Breedlove (R) Bridges ((DR)) CCoolleemmaann,, BTreororyks (R) Cooper (D) Dobbs (R) Evans (D) James (D) Jamieson (R) Johnson (D) Lane (D) Lord (R) Mann (R) Manning (D) McCall (R) Mueller (D) Polak mP>- RReayes Rogers (R) Sauder (R) Scheid (D) Shanahan (R) Smith, Lynn (D) Teper (D) Twiggs, Chairman (D) Jenkins, Vice-Chairman (D) Poag, Secretary (D) Coleman, Terry PUBLIC SAFETY (D) Davis, Grace (R) Day (R) Johnston (R) Martin, Jim L. REGULATED BEVERAGES 48 JOURNAL OF THE HOUSE, (D) Dixon, Harry (D) Epps, Vice-Chairman (D) Teague, Secretary (D) Alien (R) DeLoach, George (R) Graves (D) Reichert (R) Snelling (D) Cummings, Chairman (D) Baker, Vice-Chairman (D) Shanahan, Secretary (D) Brooks (R) Coleman, Brooks (R) Crews (D) Dukes (R) Jackson (D) James RETIREMENT (R) Kaye (R) Manning (D) McBee (R) Mills (D) Pelote (R) Smith, Vance (D) Stallings (R) Whitaker (D) Lee, Chairman (D) Skipper, Vice-Chairman (D) Stanley, LaNett, Secretary (D) Baker (D) Barnes (D) Benefield (D) Birdsong (D) Buck (R) Burkhalter (D) Byrd (D) Campbell (D) Childers (D) Connell (R) Davis, Max RULES (D) Dixon, Sonny (R) Ehrhart (D) Holmes (D) Hudson (R) Irvin (R) Mueller (D) Parham (D) Parrish (D) Randall (D) Smyre (R) Stancil, Steve (D) Walker, Larry (R) Westmoreland (R) Williams, Betty Jo (D) Randall, Chairman (D) Jenkins, Vice-Chairman (D) Mobley, Secretary (R) Crews (D) Heckstall (R) Jackson (D) Jones SPECIAL JUDICIARY (R) Joyce (R) Massey (D) Ragas (R) Scarlett (D) Taylor (D) Turnquest SPECIAL RULES (POLICY) (D) Murphy, Mr. Speaker, Chairman (D) Buck (D) Connell (D) Davis, Grace (D) Jamieson (D) Lee (D) Purcell (D) Skipper (D) Stancil, Frank (D) Stanley, LaNett (D) Walker, Larry STATE INSTITUTIONS & PROPERTY (D) Dobbs, Chairman (D) Barfoot, Vice-Chairman (D) Perry, Secretary (R) Barnard MONDAY, JANUARY 13, 1997 49 (D) Bates (R) Bradford (R) Breedlove (D) Brooks (D) Canty (R) Everett (D) Greene (R) Joyce (D) Lord (R) Massey (R) Scarlett (D) Smith, Larry STATE PLANNING AND COMMUNITY AFFAIRS (D) Royal, Chairman (D) Bates, Vice-Chairman (D) Shanahan, Secretary (R) Clark (R) Felton (D) Heckstall (D) Howard (R) Irvin (D) Jamieson (D) McClinton (R) Richardson (R) Smith, Lynn (D) Smith, Paul (R) Stancil, Steve (D) Stanley, Pam (D) Benefield, Chairman (D) Snow, Vice-Chairman (D) Channell, Secretary (D) Birdsong (D) Dixon, Sonny (D) Dobbs (R) Evans (R) Graves (R) Grindley (D) Hudson (R) Kaye (D) McCall TRANSPORTATION (D) Mobley (D) Mosley (R) Pinholster (D) Rogers (R) Sanders (R) Scheid (D) Smith, Paul (R) Smith, Vance (R) Snelling (D) Tillman (R) Whitaker (R) Williams, Jeff UNIVERSITY SYSTEM OF GEORGIA (D) Smyre, Chairman (D) Stancil, Frank, Vice-Chairman (D) Golden, Secretary (R) Bridges (D) Buck (D) Connell (R) Cooper (D) Dukes (R) Grindley (R) Hammontree (D) Hegstrom (R) Lakly (D) McBee (D) Mobley (D) Pelote (R) Pinholster (R) Scott (D) Stallings (R) Wiles (R) Worthan (D) Buck, Chairman (D) Jamieson, Vice-Chairman (D) Skipper, Secretary (D) Benefield (D) Channell (R) Culbreth (D) Cummings (R) Day (R) Felton WAYS & MEANS (D) Golden (D) Heard (R) Johnson (R) Ladd (D) Polak (D) Royal (D) Sherrill (D) Stancil, Frank 50 JOURNAL OF THE HOUSE, (D) Stanley, LaNett (R) Trense (D) Coleman, Terry, Ex-Officio (D) Smith, Paul, Ex-Officio The following Resolutions of the House were read and referred to the Committee on Rules: HR 18. By Representative Barnard of the 154th: A resolution commending the 1996 Glennville Mite Girls All-Star Softball Team and inviting the team members and coaches to appear before the House of Representatives. HR 34. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending the Georgia Junior Miss Scholarship Program; congratulating Georgia's Junior Miss for 1997, Miss Kreslyn Barron Odum, and inviting her to appear before the House of Representatives. HR 35. By Representative Williams of the 83rd: A resolution commending the Brookwood High School football team and inviting them to appear before the House of Representatives. The following communications were received: State of Georgia Office of the Governor Atlanta 30334-0900 April 25, 1996 Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: I have vetoed House Bills 146, 148, 1118, 1200, 1222, 1343, 1403, 1507, 1598, 1724, and 1811 which were passed by the General Assembly of Georgia at the 1996 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached. With kindest regards, I remain Sincerely, /s/ Zell Miller ZM/mcc Attachments Honorable Pierre Howard, Lieutenant Governor Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General MONDAY, JANUARY 13, 1997 51 Honorable Lewis Massey, Secretary of State VETO NUMBER 16 House Bill 1343 provides for a homestead exemption for residents of the City of Roswell who are 65 years of age or older from ad valorem taxes in the amount of $20,000 of the assessed value of the homestead if the resident's gross income does not exceed $40,000 for the immediately preceding taxable year. After passage, the author of the bill discovered a defect in the bill and requested a veto. This homestead exemption was perfected in House Bill 1672, which I have signed. Therefore, at the request of the author, I hereby veto House Bill 1343 on technical grounds. VETO NUMBER 17 House Bill 1507 provides for staggered elections for members of the board of commissioners of Jefferson County. After passage, the author of the bill discovered a defect in the bill in that the legislation provides for a referendum when none is required and requested a veto. The change in the election of the board of commissioners was perfected in House Bill 1742, which I will sign on a later date. Therefore, at the request of the author, I hereby veto House Bill 1507 on technical grounds. VETO NUMBER 18 House Bill 1598 provides for a homestead exemption for residents of the City of Barnesville who are 65 years of age or older from ad valorem taxes under certain conditions. After passage, the author of the bill discovered a defect in the bill because it did not contain a referendum as required by law and requested a veto. This homestead exemption was perfected in House Bill 1780, which I have signed. Therefore, at the request of the author, I hereby veto House Bill 1598 on technical grounds. VETO NUMBER 19 House Bill 1811 provides for a new charter for the City of Offerman. After passage, the author of the bill discovered a defect in the bill and requested a veto. The new charter was perfected in House Bill 1905, which I will sign at a future date. Therefore, at the request of the author, I hereby veto House Bill 1811 on technical grounds. VETO NUMBER 20 House Bill 1403 in its original version would have permanently revised the authorization for municipalities in Georgia to impose a "hotel/motel tax." Current law authorizes the governing authority of any municipality to impose such a tax upon guests staying no longer than ten consecutive days. However, the final version of this legislation would permit a municipality to impose a hotel/motel tax for stays of up to 90 consecutive days only during the period from July 1, 1996 through September 30, 1996. After this 90 day period, under the terms of this bill, 52 JOURNAL OF THE HOUSE, the law would return to its present form which would prevent the imposition of the tax for stays over ten straight days. In effect, the bill would permit a municipality to impose a one-time extended tax during the time in which the Olympics are being held in Georgia. Such a short-term measure is unreasonable and inappropriate. Accordingly, for the above reasons, I hereby veto House Bill 1403. VETO NUMBER 21 House Bill 1724 provides for a change in the composition of the Richmond County Board of Health. After passage, the author of the bill discovered a defect in the bill and requested a veto. After that time, Senate Bill 783 was enacted with the proper language and was signed by me on April 4, 1996. Therefore, at the request of the author, I hereby veto House Bill 1724 on technical grounds. VETO NUMBER 22 House Bill 1200 provides for an extension of time within which to file taxpayer appeals of assessments of intangible personal property. This bill is now unnecessary because of the repeal of the intangible personal property tax, which was accomplished by my signing of House Bill 6 on March 21, 1996. Therefore, because the intangible tax has now been repealed, I hereby veto House Bill 1200. VETO NUMBER 23 House Bill 146 provides that in the event an individual driver's license or instruction permit is lost or destroyed, that individual may obtain a replacement license or permit for the remaining period for which the original license or permit was issued for a fee of $5.00. Current law requires the obtaining of a new license or permit when the old one is lost or destroyed for a fee of $15.00. The Fiscal Year 1997 costs for House Bill 146 are estimated to be at least $710,000. This cost was not included in House Bill 1265, the Fiscal Year 1997 budget act. In addition, this bill would provide additional incentive for those individuals who obtain multiple driver's licenses for fraudulent purposes. For these reasons, I hereby veto House Bill 146. VETO NUMBER 29 House Bill 1222 provides a comprehensive revision of the law relating to the establishment of residential community development districts. Section 5 of the bill provides that it shall become effective only upon adoption by the General Assembly of Senate Resolution 497, which proposed an amendment to the Georgia Constitution. Senate Resolution 497 was not enacted during the 1996 session. Consequently, House Bill 1222 cannot become effective. The sponsor of this bill has agreed that without the passage of Senate Resolution 497, the bill is ineffective and should be vetoed. Therefore, because of the failure of the General Assembly to enact Senate Resolution 497 and at the request of the author, I hereby veto House Bill 1222. VETO NUMBER 30 House Bill 148 provides, in part, that no permit shall be issued for a solid waste disposal facility or a solid waste handling facility located within the boundaries of any municipality MONDAY, JANUARY 13, 1997 53 having a population of 1,500 or less which is not included in the same regional solid waste plan or multijurisdictional solid waste plan developed in accordance with Code Section 12-8-31.1 without the express approval of the governing authority of the county encompassing any part of the boundary of the municipality in which the facility is to be located. In addition, the relevant county is authorized to consider "without limitation" certain specified factors in deciding whether to approve such a facility in a municipality having a population of 1,500 or less. These provisions apply to all permit applications pending on the date the bill is signed or any permits issued prior to that date which are the subject of an appeal or judicial review. In applying this provision retroactively to all pending applications for a solid waste disposal facility and permits awaiting judicial review, this law raises serious constitutional questions. In Recycle and Recover, Inc. v. Georgia Board of Natural Resources, 266 Ga. 253 (1996), the Georgia Supreme Court held just three months ago that the filing of an application for a permit for the operation and construction of a solid waste handling facility where the applicant has made substantial expenditures in reliance on an existing statute created a vested right that would bar a retroactive modification of that statute resulting in the denial of the same application. The Attorney General's office has indicated that this recent appellate court decision calls the constitutionality of HB 148 into serious question. I have been informed that the purpose of these new provisions impacting upon pending solid waste disposal and handling facility applications only in those municipalities of 1,500 people or less is to prevent the permitting of a proposed landfill in one particular city. It is also my understanding that an application has been made for the operation of a landfill in that city based upon the current law but such application has not yet been acted upon by the Department of Natural Resources. The time has now come for the state to stay out of local zoning decisions. The issue of the need or desirability of a landfill in a particular area of this state, like any other zoning matter, is best left to local communities in accordance with the dictates of current law. It is not only unfair but now unconstitutional to change a law respecting the permitting of solid waste facilities so as to adversely affect an applicant who has substantially relied upon an existing procedure. Once the procedure is in place and an application has been made, it is the decision of the Department of Natural Resources as to whether a particular permit should be granted or denied based upon statutory and regulatory directives. Instead of allowing the process to proceed in an orderly and legal fashion, House Bill 148 changes the rules of play in the middle of the game. I do recognize that there are other provisions of this bill which offer good and needed amendments to Georgia's Solid Waste Management Act. Unfortunately, those provisions fall victim to the retroactive provision concerning pending solid waste disposal and handling facility applications likely to be held unconstitutional. For these reasons, I hereby veto House Bill 148. VETO NUMBER 32 House Bill 1118 reenacts the current prohibition on the issuance of a permit for a municipal solid waste landfill within two miles of a federally restricted military airspace used for a bombing range. However, this bill also specifically provides that the prohibition is to apply even in those cases where the Environmental Protection Division of the Department of Natural Resources already has issued a letter of site suitability to the permit applicant. In applying this provision retroactively to all pending applications for a solid waste landfill permit, this law raises serious constitutional questions. In Recycle and Recover, Inc. v. Georgia Board of Natural Resources, 266 Ga. 253 (1996), the Georgia Supreme Court held just three months ago that the filing of an application for a permit for the operation and construction of a solid waste handling facility where the applicant has made substantial 54 JOURNAL OF THE HOUSE, expenditures in reliance on an existing statute created a vested right that would bar a retroactive modification of that statute which would cause the same permit application to be denied. The Attorney General's office has indicated that this recent appellate court decision calls the constitutionality of HB 1118 into serious question. As I have indicated in a previous veto message, the issue of the need or desirability of a landfill in a particular area of this state is a matter best left to local communities in accordance with the dictates of current law. It is not only unfair but now unconstitutional to change a law respecting the permitting of solid waste facilities so as to adversely affect an applicant who has substantially relied upon an existing procedure. Once the procedure is in place and an application has been made, it is the decision of the Department of Natural Resources as to whether a particular permit should be granted or denied based upon statutory and regulatory directives. Instead of allowing the process to proceed in an orderly and legal fashion, House Bill 1118 changes the rules of play in the middle of the game. For these reasons, I hereby veto House Bill 1118. State of Georgia Office of the Governor Atlanta 30334-0900 April 25, 1996 Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard: I have vetoed Senate Bills 521, 584, 624, 674, 710, 779, and Senate Resolution 535 which were passed by the General Assembly of Georgia at the 1996 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills and resolution to you, together with a list of reasons for such vetoes. The bills and resolution and corresponding reasons for their veto are attached. With kindest regards, I remain Sincerely, M Zell Miller ZM/mcc Attachments cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Lewis Massey, Secretary of State VETO NUMBER 15 Senate Bill 624 provides, in part, that elected constitutional officers and current and former members of the General Assembly, upon obtaining a license to carry a pistol or revolver, can carry a such a weapon concealed at any public gathering, at school functions, or on school property. O.C.G.A. Code Section 16-11-130 currently creates an exemption to permit certain law enforcement officers, prosecuting officials, and judicial personnel to carry concealed weapons without obtaining a license at such public places. MONDAY, JANUARY 13, 1997 55 The purpose of the current exemption is to allow those persons invested with the duty of law enforcement to perform their jobs and to defend themselves when necessary. I believe an extension of this exemption for elected constitutional officers and current and former members of the General Assembly is unnecessary. The public officials covered by this bill may still obtain a permit to carry a weapon in accordance with current state laws. For these reasons, I hereby veto Senate Bill 624. VETO NUMBER 24 Senate Bill 584 codifies permitted and prohibited political activity for certain employees in the classified service of the State Merit System. First, the bill would create a potential for abuse and undue influence by state employees over their subordinates. Current State Personnel Board Rules and Regulations require and provide strict standards for permitted political activities. Senate Bill 584 would broaden the scope of such political activity. Second, the bill does not apply to: employees of the Secretary of State whose duties relate to election; employees of the Georgia Bureau of Investigation, Department of Public Safety, and State Board of Parson and Paroles; and administrative law judges. All of the employees exempted from the provisions of the bill would still be subject to State Personnel Board rules relating to political activity. Finally, the bill applies only to certain classified, as opposed to unclassified, employees. Because of the uneven and unequal application of the permitted and prohibited activities under this legislation, as pointed out by the Attorney General's office, the bill may in fact violate the Equal Protection Clause of the state and/or federal constitutions. I vetoed a similar bill, Senate Bill 133, enacted during the 1995 session of the General Assembly, for many of these same reasons. Consequently, I hereby veto Senate Bill 584. VETO NUMBER 25 Senate Bill 521 authorizes parents or guardians of students eligible for special education programs who are deaf to make the final determination concerning the placement of these students in the local school system, the Georgia School for the Deaf, or the Atlanta Area School for the Deaf. The federal Individuals with Disabilities Education Act (IDEA) requires that the educational placement of each student with a covered disability be made in accordance with a student's individualized education plan (IEP) which is developed by a placement committee after input from the local school system and the parents or guardians of the student. While parents or guardians do not have the final decision-making authority, they are required to be involved in the decision affecting the student's placement, and have the right to appeal that determination in accordance with federal and state law and regulations. Senate Bill 521 attempts to carve out an exception to this existing procedure only for a specific group of eligible students, and also limits the facilities where these students can be placed. These students, like other students covered by the IDEA, should continue to be treated equally in accordance with federal and state guidelines which are designed to allow input from health care professionals, educators, and parents or guardians. For these reasons, I hereby veto Senate Bill 521. 56 JOURNAL OF THE HOUSE, VETO NUMBER 26 Senate Bill 710 provides that the Crossroads Alternative School Program shall utilize facilities on the Gordon and Fannin campuses of the Georgia School for the Deaf for staff development and youth leadership activities. This bill is unnecessary because it puts into law what should be and can be performed by contract. These services can be contracted for between the Georgia School for the Deaf and this or any other appropriate provider. I should also mention that funds have been placed in House Bill 1265, the Fiscal Year 1997 appropriations act, for the operation of the Crossroads Program for the Georgia School for the Deaf. These funds can be used for the purpose intended by this bill without the necessity of legislation through contractual arrangement. For these reasons, I hereby veto Senate Bill 710. VETO NUMBER 27 Senate Resolution 535 creates the "Select Oversight Committee on Medicaid" composed of 14 members of the General Assembly. The joint resolution would provide for this committee to review all proposed expenditures for Medicaid and any legislation which has a potential impact upon the program. In addition, the resolution would invest this committee with the responsibility of reviewing, among other things: Medicaid eligibility and enrollment standards; provisions of services, facilities, and programs by Medicaid providers; planning, budgeting, information systems, organizational structure, and rules and regulations of the Department of Medical Assistance; and compliance by the department with provisions of any Medicaid federal waiver. The Department of Medical Assistance is an agency of the executive branch which is governed by the Board of Medical Assistance. That board is created by statute and empowered to establish the general policy to be followed by the department. This resolution would create the equivalent of a legislative board to review the policies as set forth by the statutory executive branch board. In addition, the proposed committee and the powers invested in it may violate the separation of powers provision contained in the Georgia Constitution. It should be noted that the General Assembly always has the authority through the enactment of the appropriations act to monitor an agency's programs and personnel by review of that agency's expenditures. For these reasons, I hereby veto Senate Resolution 535. VETO NUMBER 28 Senate Bill 674 creates the Georgia Land Trust, which requires that proceeds from the sale or disposition of unserviceable public property and all proceeds from the sale or lease of public real property be paid into the Trust and not the state treasury. The Attorney General's office has advised that the capture of proceeds for the Georgia Land Trust may violate the "anti-earmarking" prohibition of the Georgia Constitution. No constitutional amendment was approved by the General Assembly to exempt the proceeds of property sales from the constitutional proscription against earmarking of funds. Accordingly, for these reasons, I hereby veto Senate Bill 674. VETO NUMBER 31 Senate Bill 779 is local legislation to amend the charter of the City of Arcade to effectively exclude or "deannex" certain identified property from its corporate limits. I understand that the property to be deannexed includes property upon which the construction of a MONDAY, JANUARY 13, 1997 57 solid waste disposal facility has been proposed and an application for the building of such a facility has previously been filed with the Environmental Protection Division of the Department of Natural Resources. I am this day vetoing House Bill 148 because that bill contains a provision to retroactively and negatively affect an application for a solid waste disposal permit in this same location, and the Georgia Supreme Court has held that a similar type of retroactive legislative action when an applicant has made substantial expenditures upon reliance on a preexisting statute is unconstitutional. Therefore, I incorporate the language from my veto message of House Bill 148 into this veto message. It would be inconsistent for me to veto House Bill 148 and, at the same time, sign Senate Bill 799 when the purpose of these bills is the same. While I regret vetoing local legislation, I have no choice but to do so when its effect is the same as that of another general bill enacted at the same session which has serious constitutional questions. For these reason, I hereby veto Senate Bill 779. The General Assembly Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 June 7, 1996 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE CURRENT NINTH CONGRESSIONAL DISTRICT RE: CAUCUS TO ELECT NINTH 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 a member of the State Transportation Board from the Ninth Congressional District to fill the vacancy from that district on the board. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, June 13, 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 Ninth 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 Ninth Congressional District are eligible to participate in said caucus. Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:jp The General Assembly Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 June 14, 1996 58 JOURNAL OF THE HOUSE, 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 William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District. He will fill the unexpired term of the late Honorable J. Beverly Langford, which term expires April 15, 1997. 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, M Sewell Sewell R. Brumby Legislative Counsel SRB:jp Enclosures cc: Honorable Zell Miller Honorable Pierre Howard Honorable Thomas B. Murphy Honorable William G. Hasty, Sr. Honorable Sallie Newbill Honorable Jeanette Jamieson 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 William G. "Bill" Hasty, Sr., has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Ninth Congressional District to fill the unexpired term of the late Honorable J. Beverly Langford, which term expires April 15, 1997. This 14th day of June, 1996. /s/ Pierre Howard President of the Senate /s/ Thomas B. Murphy Speaker, House of Representatives The General Assembly Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 June 14, 1996 MONDAY, JANUARY 13, 1997 59 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 June 13, 1996, at 3:00 P.M. in the Senate Chamber of the state capitol building. At that caucus Honorable William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District to fill the unexpired term of the late Honorable J. Beverly Langford, which term expires April 15, 1997. Respectfully submitted, /s/ Sallie Newbill Senator, 56th District Chairman Ninth Congressional District Caucus /s/ Jeanette Jamieson Representative, 22nd District Secretary Ninth Congressional District Caucus The General Assembly Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 June 14, 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 June 13, 1996, at 3:00 P.M. in the Senate Chamber of the state capitol building. At that caucus Honorable William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District to fill the unexpired term of the late Honorable J. Beverly Langford, which term expires April 15, 1997. Respectfully submitted, /s/ Sallie Newbill Senator, 56th District Chairman Ninth Congressional District Caucus /s/ Jeanette Jamieson Representative, 22nd District Secretary Ninth Congressional District Caucus House of Representatives 415 State Capitol Atlanta, Georgia November 14, 1996 Honorable Robbie Rivers, Clerk 60 JOURNAL OF THE HOUSE, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers: This is to certify that Representative Larry Walker, District 141, was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the caucus held on November 14, 1996 at the State Capitol, Atlanta, Georgia. This certification is submitted pursuant to the Rules of the House of Representatives. So certified this 14th day of November 1996. Sincerely /s/ William Lee Chairman House of Representatives Legislative Office Building, Room 604 Atlanta, Georgia 30334 November 18, 1996 Honorable Robbie Rivers, Clerk House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers: On Tuesday, November 12, 1996, the House Republican Caucus met in the House Chamber to elect caucus officers for the 1997-1998 term. Pursuant to the Rules of the House of Representatives, this letter is submitted to certify the following: Representative Robert A. Irvin, Minority Leader Representative Earl Ehrhart, Minority Whip Representative Mike Evans, Minority Chairman Representative Garland Pinholster, Minority Vice Chairman Representative Anne Mueller, Minority Secretary Sincerely, /s/ Mike Evans Chairman ME:sc cc: Secretary of State, Elections Division Honorable Thomas B. Murphy, Speaker Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 January 8, 1997 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE THIRD CONGRESSIONAL DISTRICT MONDAY, JANUARY 13, 1997 61 RE: CAUCUS TO ELECT THIRD 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 Third Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 15, 1997, at 2:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Third 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 Third Congressional District are eligible to participate in said caucus. Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:jp Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 January 8, 1997 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE NINTH CONGRESSIONAL DISTRICT RE: CAUCUS TO ELECT NINTH 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 Ninth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 15, 1997, at 3:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Ninth 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 Ninth Congressional District are eligible to participate in said caucus. Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:jp Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 62 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, January 14, 1997 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 Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Cash Channel! Childera Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth Curnmings Davis, G Davis, M Day DeLoach, B DeLoach, G Da. Diion, H Diion, S Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Hanner Harbin Heard Hecht Heckstall Hegstrom Henson Holland Hudgens Hudson, H Hudson, N Hugley Irvin Jackson James Jamieson Jenkins Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McKinney Mills Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Perry Pinholster Polak Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Sherrill Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teague Teper Thomas TiUman Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L West Westmorland Whitaker Wiles Williams, B WilUams, J Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Mobley of the 69th, McClinton of the 68th, Poag of the 6th, Holmes of the 53rd and Bordeaux of the 151st. They wish to be recorded as present. Prayer was offered by Dr. Jimmy Lewis, Pastor, First Baptist Church, Morrow, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. TUESDAY, JANUARY 11, 1997 63 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 readin0 and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 25. By Representatives Kaye of the 37th, Davis of the 60th, Franklin of the 39th, Barnes of the 33rd, Joyce of the 1st and others: A bi!l to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses. Referred to the Committee on Motor Vehicles. HB 120. By Representatives Heckstall of the 55th, Stanley of the 50th, Davis of the 48th, Coleman of the 142nd and Dixon of the 150th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory testing of candidates seeking nomination or election to certain county, municipal, and school board offices for certain illegal drugs; to provide for definitions; to provide for certification of such testir^ as a condition of qualification for nomination or election to such local office. Referred to the Committee on Governmental Affairs. HB 121. By Representative Smith of the 175th: A bill to amend Article 6 of Chapter 2 of Title 20 f the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to enact the "Georgia Public School Choice Act of 1997". Referred to the Committee on Education. HB 122. By Representatives Heckstall of the 55th, Davis of the 48th, Walker of the 141st, Stanley of the 49th, Stanley of the 50th and others: A bill to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that owners of rental dwe'' ga may obtain criminal history records of prospective renters with the cons., -it of the person whose records are requested. Referred to the Committee on Public Safety. 64 JOURNAL OF THE HOUSE, HB 123. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th: 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 O.C.G.A., and in Acts of the General Assembly amending the O.C.G.A. Referred to the Committee on Judiciary. HB 124. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to comprehensively revise the laws of this state relating to the personnel, administration, and budgeting for district attorneys' offices of this state; to provide for the duties of district attorneys; to change the method of payment of compensation of district attorneys and provisions related to compensation. Referred to the Committee on Judiciary. HB 125. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: 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 superior courts, so as to provide for employment, compensation, expenses, and benefits of personnel employed within the offices of superior court judges. Referred to the Committee on Judiciary. HB 126. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delinquent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, so as to provide that following initial reviews, additional periodic reviews shall be held at six-month intervals. Referred to the Committee on Children and Youth. HB 127. By Representatives Shaw of the 176th and Franklin of the 39th: 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 Agriculture & Consumer Affairs. HB 128. By Representative Lee of the 94th: A bill to amend Code Section 21-1-2 of the Official Code of Georgia Annotated, relating to the preparation, printing, publicizing, and distribution of the summary of proposed amendments to Constitution of Georgia, so as to provide that the Secretary of State shall be authorized to include with such summary a summary or explanation of state-wide referenda questions and other explanatory materials. Referred to the Committee on Rules. TUESDAY, JANUARY 14, 1997 65 HB 129. By Representative McCall of the 90th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, providing exemptions from sales and use taxes, so as to exempt as industrial materials certain materials used in the quarrying and manufacturing of granite into items for sale at retail. Referred to the Committee on Ways & Means. HB 130. By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th: A bill to amend Chapter 5 of Title 2 of the Official Code of Georgia Annotated, known as the "Department of Agriculture Registration, License, and Permit Act," so as to authorize the Department of Agriculture to accept applications either in writing or through available electronic media approved by the Commissioner. Referred to the Committee on Agriculture & Consumer Affairs. HR 2. By Representative Kaye of the 37th: 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 Industry. HR 39. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 40. By Representative Irvin of the 45th: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1 HB 14 HB 15 HB 24 HB 30 HB 33 HB 34 *HB 35 TnTtRt qdb m HB nrj 3618 HB 39 HB 40 HB 41 HB 42 HB 43 HB 44 HB 45 HB 46 HB 47 HB 48 HB 49 HB 50 HR -, H HRtJ &,.,,1 nD d, H HRB 5r;3o HB 54 HB 55 HB 56 HB 57 HB 58 66 HB 59 HB 60 HB 61 HB 62 HB 63 HB 64 HB 65 HB 66 HB 67 HB 68 HB 69 HB 70 HB 71 HB 72 HB 73 HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81 HB 82 HB 83 HB 84 HB 85 HB 86 HB 87 HB 88 HB 89 HB 90 HB 91 HB 92 HB 93 HB 94 HB 95 HB 96 HB 97 JOURNAL OF THE HOUSE, HB 98 HB 99 HB 100 HB 101 HB 102 HB 103 HB 104 HB 105 HB 106 HB 107 HB 108 HB 109 HB 110 HB 111 HB 112 HB 113 HB 114 HB 115 HB 116 HB 117 HB 118 HB 119 HR 3 HR 4 HR 6 HR 7 HR 17 HR 19 HR 20 HR 21 HR 22 HR 23 HR 24 HR 25 HR 26 HR 27 HR 31 HR 32 HR 33 *By unanimous consent, HB 35 was withdrawn. Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 35 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman TUESDAY, JANUARY 14, 1997 67 The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions of the House: HR 11. By Representative Walker of the 141st: A resolution to notify the Governor that the General Assembly has convened. The President has appointed as a Committee of Notification on the part of the Senate the following: Senators Taylor of the 12th, Middleton of the 50th, Brown of the 26th, Gillis of the 20th, Perdue of the 18th, Walker of the 22nd and Clay of the 37th. HR 12. 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. The President has appointed as a Committee of Escort on the part of the Senate the following: Senators Taylor of the 12th, Middleton of the 50th, Brown of the 26th, Gillis of the 20th, Perdue of the 18th, Walker of the 22nd and Clay of the 37th. HR 13. 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 message from the Governor. HR 14. 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. The President has appointed as a Committee of Escort on the part of the Senate the following: Senators Hooks of the 14th, Perdue of the 18th, Walker of the 22nd, Henson of the 55th, Starr of the 44th, Clay of the 37th, Taylor of the 12th and Brown of the 26th. HR 15. 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 Chief Justice of the Supreme Court. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 35. By Representative Williams of the 83rd: A resolution commending the Brookwood High School football team and inviting them to appear before the House of Representatives. 68 JOURNAL OF THE HOUSE, The Speaker announced the House in recess until 11:00 o'clock this morning. The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 12 having arrived, the Senate 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 Senate, 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: I am pleased to come before you this morning and report that the State of the State of Georgia host of the greatest Olympics ever, home of the heavy-weight champion of the world and the newest member of the Baseball Hall of Fame the State of the State of Georgia is great! We are now the tenth largest state in the nation. We are a place where people and businesses want to be. In the six years since January 1991, Georgia's population has grown by 13.5 percent. We have been the 7th fastest growing state by percentage, and by number of people, only Texas, California and Florida added more. Even more significant, the number of jobs in Georgia grew by 22 percent during the same time. And Georgia's unemployment rate has been dropping over the past five years to its lowest annual average in more than two decades. The pay's getting better, too. In 1995, our per capita income reached 94 percent of the national average. And our total personal income has increased by 37 percent since 1991. Atlanta's growth has been especially strong, and the Olympics were an important contributing factor. For the past several years, we were focused on the 1996 Olympics as Georgia's chance for international attention and name recognition. And I can stand here today and say that the 1996 Olympics here in Georgia were indeed the largest peace time event in world history bigger than the prior two Olympics combined, bigger than the Games will be in the year 2000. And six of every ten people on the planet watched them on television. Our name is known. Our state public safety personnel performed magnificently last summer. It was a superb team effort, and our officers showed the world just how great Georgia is. To paraphrase Churchill, it was their finest hour. Dozens of Georgia communities hosted teams, and the venues around the state were outstanding. Many of our citizens continue to be in personal contact with athletes around the world. I personally met with hundreds of foreign dignitaries and business executives who came to Atlanta in conjunction with the Olympics, and we will feel the positive effects on our growing international trade and investment for many years to come. But, even as the Olympics were dominating the news of the day, Georgia was quietly garnering attention throughout the nation and around the world for another achievement that some might have thought as unlikely as hosting the Olympics education. Barely had the athletes left town and the banners been taken down, when CNN turned its attention to a "Future Watch" special on our pre-kindergarten program. And they will feature it again in about a week on a program called "Parenting Today." TUESDAY, JANUARY 14, 1997 69 Peter Jennings, on the ABC Evening News, devoted a five-minute "Solutions" segment to it. And it was also featured on the "Jim Lehrer Report" on PBS. A dozen states as far away as Alaska and Hawaii have requested information. Connecticut flew our program director up there to get a first hand report. England and Ireland want to know more, and Zimbabwe is sending a representative here this month to see it in action. The HOPE Scholarship Program was generating a high level of amazement and interest around the nation, even before President Clinton set out to emulate it on the national level. Our P-16 Council is also getting a lot of national attention. At last count, more than 15 other university systems were trying to figure out how to copy it. Imitation, they say, is the most sincere form of flattery. And it is great for Georgia to be in a position where others want to imitate our education programs. But there is more to be done. And that is why we are here, at the start of a new legislative session. I am now in the late autumn of my political career, my administration as Governor, and my life. It is a time when one reflects and thinks seriously about what is really important, what really matters. In my own life, it is my family. Today Shirley and I are celebrating our 43rd wedding anniversary. She has been the motor and mainspring of my life, the wind beneath my wings. We are looking forward to the arrival of our second great-grandchild next month. Then in April, our oldest grandson will turn 15 and want to start driving. As I have been preparing for this, my seventh session as Governor, I've been thinking a lot about what's important in the State of Georgia. And I come back to the same thing the family. The family is the fundamental building block of our communities and our society. It is what holds us together and makes us strong, stable and productive. And the unifying theme of the bills and budget I will bring to you in the coming days, more than anything else, is to protect and promote Georgia's families. My grandson Justin, who is coming up on 15, loves cars. We go to the Atlanta 500 together, and his heros are Dale Eamhart and Bill Elliott. He is going to need a little "tough love" as he learns to drive and gets out on the highway. It terrifies me to realize that one out of every 24 Georgia teenagers was involved in a vehicle crash last year. 179 of those teenagers were killed. They'll never have a chance to get a HOPE Scholarship or thrill their parents with a grandchild. They're dead. Vehicle crashes are the leading cause of death between the ages of 16 and 20. So I will bring you the Young Driver's Safety Act to provide a gradual process by which young drivers earn full driving privileges. It would work like this: At age 15, Justin's age, those who pass a written test and a vision test can get a learner's permit. They can only drive if a person over age 21 is beside them in the front seat, and all passengers are wearing seat belts. And there would be zero tolerance for alcohol in these young drivers. If that 15-year-old then has had no wrecks, no moving violations and no illegal use of alcohol or drugs by the time they turn 16, they may take a road test. And if they pass it, they get an intermediate permit. 70 JOURNAL OF THE HOUSE, The driver with an intermediate permit could drive alone except between the hours of one and six A.M., when they would have to be with an adult over age 21, going to work or in a medical emergency. All passengers would be required to wear seat belts at all times, and there would continue to be zero tolerance for alcohol. Then at the age of 18, if their permit has not been suspended within the prior 12 months, and if they've had no wrecks, no moving violations and no illegal use of alcohol or drugs within the prior 12 months then they receive a regular driver's license, still with zero alcohol tolerance until they reach age 21. This bill sends a clear message to teenagers and their parents that driving is not a right It's a privilege that has to be earned through responsible behavior. And I'd also like to point out that if we fail to adopt zero alcohol tolerance for young drivers by October of 1998, we will lose $16 million of our federal highway funds the first year, increasing to $32 million the second year. As Governor, I have talked with many families whose loved ones were killed by drunk drivers... parents who have lost an infant or a teenager, children who have lost a father or mother. I've talked with the family of a police officer who was run over and killed while on duty. Anyone who spends five minutes with any of these families, will understand why, for the seventh year in a row, I will bring you a bill to strengthen our DUI laws. Like last year, this DUI bill has four parts: First, the nolo plea. Incredible as it may sound, a nolo plea, which is nothing but a way to get around admitting guilt, clears your criminal record and gets your suspended license back. If anyone other than a lawyer or a drunk can explain that to me, I'd like to hear it. And so would the general public. I am proposing that even with a nolo plea, your driver's license remains suspended for the time provided by law. Second, provide for mandatory jail time at least 24 hours for the first offense and 72 hours for the second. So many things I've brought to you over the years have come from my long life of hard knocks and experience. I know what it's like to grow up in a single-parent family, because I did. I know it's possible to learn some "corps" values at boot camp, because I did. I know what it's like to want to go to college and get a special scholarship that makes it possible, because the GI Bill did it for me. I also know what it's like to spend the night in jail on a drunk charge, because I've done that, too. So again, this old voice of experience who's been there and done that, says: Put those drunks in jail and let them see what it's like; let them discover how miserable and degrading it is, and how good mat sunlight feels and how good that fresh air smells the next morning. Third, once again I propose we impound the license plates from the vehicles of habitual offenders, since taking their driver's licenses isn't enough to keep these dangerous, unguided missiles off the road. And fourth, privatizing the use of interlock ignition systems as a condition of probation. These systems that keep someone who's drunk from starting up that unguided missile, have proved effective in other states, but are getting little use in Georgia because cities and counties are required to buy the equipment. TUESDAY, JANUARY 14, 1997 71 Innocent Georgians are being slaughtered on our highways; Georgia families are being cruelly ripped apart by drunk driving. Georgia's DUI laws are still no where near tough enough. With every ounce of my being, I beg you to put aside partisan interests, give up the defense of legal loopholes, and give Georgia's citizens the protection they need and deserve. Probably the best news for our families today is that 3.6 million Georgians have jobsmore than at any time in our history. We've seen phenomenal job growth an average of over 2,000 new jobs a week since 1990. Last year industrial investments totaling nearly $6.3 billion were announced in Georgia. They will create over 33,000 jobs. According to Forbes Magazine, Georgia has created more new jobs than all but two other states. And a recent report by Dun & Bradstreet said that Georgia is "the biggest winner (ranked #1) in the battle to retain companies and jobs." Dun & Bradstreet attributes much of our success to Georgia's "moderate tax rate." And during this administration, we have cut taxes for Georgia's families... First giving them a break on their state income tax and now removing the state sales tax from groceries. The third cent will come off in October, and the final cent next year. There's no question that our Department of Industry, Trade and Tourism has done a significant job in this expanding economic development. But like all of us, they can always do better. So we are going to reorganize the Department to continue improving coordination among our economic development initiatives. The state was a partner in the public-private Operation Legacy, which used the leverage of the Olympics to bring CEOs from more than 400 companies around the nation to Georgia. So far, 18 new locations have resulted from this effort, creating over 3,000 jobs. I want to continue Operation Legacy as a public-private partnership under aus pices of a stronger state industry marketing effort in the Department of Industry, Trade and Tourism. I also propose that we bring the Governor's Development Council under the Industry and Trade umbrella in a new Strategic Planning and Research Division. And we will continue to encourage regional planning initiatives, with a $2.5 million grant program that supports multi-county, regional collaboration for economic development. Despite all of this economic growth and all the new jobs, we still have too many Georgia families that are unemployed and need help. And we are going to do that with a completely new welfare program that began two weeks ago on January 1st. It is called Temporary Assistance for Needy Families, or TANF. We are going to stop the decades-old practice of simply putting checks in the mail, month after month, year after year, in some cases generation after generation. Cash assistance in Georgia will be limited to a total of four years. Instead, we are going to focus on two things: One, helping people get the skills for the jobs they need to become self-sufficient and support their families. And two, pregnancy prevention, especially among teenagers. We are going to provide assistance with transportation and other needed support services to help recipients find and hold down jobs. 72 JOURNAL OF THE HOUSE, We are going to require teen mothers to stay in school, and we will provide child care for their babies. And we are going to target adult recipients under age 26 with assistance to complete their GED. Parents will be required to take an active role in their children's education, making sure they attend school and participating in parent-teacher conferences. It's a tough approach, but it is also a hopeful approach. We're saying to those on welfare, we have faith that you can work and be self-sufficient just like the rest of us. We began restructuring our welfare program in Georgia some time ago to put more emphasis on work. I reported to you in last year's State of the State, for example, that the Macon DFACS office at that time was steering more than a third of its welfare applicants into jobs rather than onto the welfare rolls. Our WorkFirst program has already reduced our welfare rolls by 20,000 families over the past four years, saving taxpayers $52 million. So we're already farther along in this respect than many other states. In addition to helping people get the skills they need for productive employment, the second major thrust of TANF is pregnancy prevention, especially among teenagers. It takes only a few broad brush strokes to paint a picture that explains why the problem of teen pregnancy has grown so disturbing. And it goes to the heart of the family. The common denominator you find among pregnant teens, rich or poor, from all different socio-economic categories, is the absence of a father in that teenager's home. Second, even if we could wave a magic wand and render every single teenage male in Georgia sterile, it would reduce teen pregnancy by only 25 percent. Third, fully 60 percent of the girls who have had sex before age 15 say they were pressured into it against their will. The old traditional stereotype of two kids getting carried away in the backseat of a car no longer holds. Too many of our teenage girls are emotionally vulnerable because they have no father at home. And also and this is very important they are being exploited by men in their 20s and 30s. In general, the younger the girl, the greater the age gap between her and the father of her baby. That is why I worked so hard last year to pass a law requiring a minimum prison sentence of 10 years for anyone who is 21 or older and has sexual relations with a child under age 16. It's also why we are working so hard to identify fathers and force them to support their children. This year, we are going to approach the problem of teen pregnancy from another angle as we reform Georgia's welfare program. The plain fact is we have a lot of sexually active teenagers out there who, if they become pregnant, will go on the welfare rolls. And once they get on the rolls, unwed teenage mothers tend to stay on the rolls significantly longer than average. Pregnancy prevention is welfare prevention. It is that simple. TANF includes five initiatives to combat teen pregnancy. The first is to create 15 clinics in non-traditional sites, like DFACS offices, substance abuse centers and even housing projects. They will be concentrated in communities that have a combination of high teen pregnancy rates and high welfare caseloads. TUESDAY, JANUARY 14, 1997 73 I also want to expand the family planning services in county health departments. And we are going to fund more outreach and mentoring workers at the county level. Finally, we are going to expand two successful, community-based pregnancy prevention programs. One is targeted at teenage males, and it is already in operation in 15 Georgia communities. The other is Grady Hospital's abstinence-based program for teens called "Postponing Sexual Involvement." These changes are the beginning of a whole new era of welfare in Georgia. It is a long overdue change, and it is an opportunity to make an historic turn-around... ending welfare as we know it and creating a program that works to the benefit of its recipients and the satisfaction of the taxpayers who foot the bill for it. As Shirley and I celebrate our 43rd anniversary today, I think of the many Georgia families who are not as fortunate, because they are being torn apart by domestic violence violence of spouse against spouse, parent against child, child against parent. It happens more than 15,000 times a year in Georgia. Last year there were over 30 fatalities. Far too often judges let them off with a slap on the wrist for inflicting serious injury broken bones, even permanent disabilities. And I'm tired of allowing people to regard their own family as possessions that they can knock around as they wish in the privacy of their home. Last year we passed our very first criminal family violence law, recognizing "family violence battery" as a misdemeanor. That was a step in the right direction, but it was only a baby step toward where we really need to be. I have another bill to recognize the family violence crimes of assault, aggravated assault and aggravated battery, in addition to the "family violence battery" we created last year. And it provides for stronger penalties, requiring mandatory jail time ranging from five days to five years, depending on the severity of the act and the number of prior offenses. You always hear the argument that mandatory minimum sentences interfere with a judge's discretion. And that may be true for some things. But family violence is so volatile and unpredictable. And I believe we need a mandatory minimum sentence, even if it is only a short time for the first offense, to get the attention of those who abuse their own families. Family violence is one of the factors that has brought nearly 17,000 foster children into state custody. And the pressure is unrelenting to find more foster care placements, often with little advance notice. But the urgency of placing children coming into foster care, often keeps us from giving enough attention to getting children out of foster care as they become eligible for adoption. As a result, too many children are stuck in foster care for too long. And too many of them end up being "aged out" of the foster-care system as teenagers. They are left to navigate life completely on their own with no home or family, and many of them end up in shelters for the homeless. As a short-term response, foster care is absolutely essential, and we are deeply grateful for the families who provide it. But it should not end up being any human being's entire childhood. That's why we've created a separate Office of Adoptions within the Department of Human Resources. 74 JOURNAL OF THE HOUSE, And on Thursday, I am going to tell you about several initiatives to promote adoption and assist foster children who are "aged out" of the system. As the Millers look ahead to a new arrival next month, we are praying, like all families, for a healthy baby. But, like all families, if there is a problem, we want to find out about it as quickly as possible. So I'm asking you to expand my Children First Program, which we started with your help in 1992 to screen newborn babies. Right now we are screening about a third of our newborns for problems that put their health and development at risk. I want to screen every baby born in this state to ensure that we identify at birth every at-risk child. And then we will track them from birth until they enter pre-kindergarten at age four. Medical research clearly shows that those first three years, when a lot of crucial developments occur, have a long-lasting impact on a child's health, well-being and ability to leain. Identifying at-risk newborns, and then tracking them to make sure they get the special services they need during those critical early years, is a wise and humane investment. It will enable our children to grow up healthy and ready for school, and it will save us a lot of money in the coming years. One of the most pressing concerns of Georgia's families today, and one of the most important responsibilities of state government, is public safety. And the first thing I want to say on this subject is that I hope you will immediately pass a bill that I will bring to you to fix the "two strikes" law. Last year legislation was passed that unintentionally removed rape and aggravated sodomy from the list of violent crimes under the two strikes law. This bill will restore them. Georgia has been among the states who have led the way in enacting legislation on child support collection, sex offender notification and victim compensation. Widespread action by the states is now being reflected by new federal laws in these three areas. And I will bring you bills to bring Georgia's state laws into conformity with federal law, providing for seamless enforcement. Above and beyond the legal requirements for public notification about sex offenders, I want to announce today that Georgia is establishing a state-of-the-art, automated calling center for registered victims of all kinds of crimes. It is called VINE, which stands for Victim Information and Notification Everyday. Whenever an offender is released, the system will automatically call all of the registered victims of that inmate. And it works the other direction, too. Any registered victim can call in at any time from any phone and get a status report on their offender. It gives Georgia's victims a chance to be pro-active in protecting themselves and their families. Illegal drugs continue to be a significant problem for too many of our families, and I believe we need to become as creative in our approaches as drug dealers are if we are to stem the tide. So I'm going to ask you to pass a drug dealer liability law. I want Georgians who arc harmed by illegal drugs to be able to sue the drug dealers who lit the fuse that resulted in the damage. TUESDAY, JANUARY 14, 1997 75 And not only the person who actually used the drugs, but also their parents, spouses or children, their employer and even the medical facilities who treat them. I believe all of them ought to be able to sue drug dealers to recover their costs. This could be a start to shifting the huge cost of the damage caused by illegal drugs, back onto the dealers who are profiting from the sale of the stuff. The other side of the coin from passing public safety laws, is dealing with the convicted offenders. And I welcome this opportunity to say a few words about that. If there is any one clear message from the citizens of Georgia, it is that they do not want us to coddle criminals, and the Miller Administration is not going to. This is a governor who believes that the root cause of crime is.... criminals. Today, you can enter a Georgia prison, and you will find the inmates clean-shaven and orderly, their cells and dormitories Spartan, and the facilities neat. And you will not find a cleaner place in the state. I've seen floors you could eat off of. But today it would have to be a cold sandwich at lunch. Regular searches have sent a clear message to inmates that weapons and contraband simply will not be tolerated. And if you want to tear up property, you have to pay for it. We have also ended the process of letting criminals out of prison to go have a good time just because a holiday has come along. The Medical College of Georgia is going to begin providing inmate medical care. Their sophisticated telemedicine system will save taxpayers the cost of unnecessary transportation of prisoners. And the money we spend for inmate health care will stay in Georgia and be reinvested in medical education. Taxpayers have benefitted from a law, which you passed last year, to assess inmates a $5 fee to see a doctor or dentist. If it's an emergency, or they are indigent, or the prison staff orders them to go, then it's free. This has really cut back on the number of those claiming to be sick to avoid work detail. Our prison inmates rise early in the morning, and walk four and a-half miles. Then they work eight-hour days. And in the evening they may work on their GED. For several years, some prisons have had teachers on the staff, some costing up to $82,000 a year, working during the regular day. However, as I just pointed out, under this administration every able-bodied inmate is out working all day. And very few inmates are around to take their classes. So we are reorganizing our prison education program to contract with teachers to provide evening classes. And we are going to augment their efforts with distance learning technology. This change will greatly expand the number of inmates who receive basic education, and at the same time save $8 million for our taxpayers. We have also privatized the constitutionally mandated responsibility to provide legal services to indigent inmates. In doing so, we have saved taxpayers $600,000 a year with no reduction in the quality of legal services. What is wrong with all that I have just described? I don't think anything is. Unfortunately, there are a number of folks some of them well-meaning who want us to treat criminals like victims, and victims like criminals. 76 JOURNAL OF THE HOUSE, The truth of the matter is that despite more inmates than ever before, escapes are down, use of force to restrain violent prisoners is down, and complaints by inmates about prison staff are down. That's the bottom line, and Wayne Garner is responsible. I support him; I'll bet your constituents support him, and you should support him, too. There's always room for improvement, and I welcome your help. I won't oppose the 100 percent or 85 percent, or whatever you want to do to make the sentences longer. But if you're looking for a criminal justice issue make sure you look in both directions. For violent crimes in this state, there is less than a 50 percent arrest rate. And for property crimes, like burglary and robbery, the arrest rate is only about 15 percent! Folks, you can't have a prisoner to parole if there's never even been an arrest. Until this problem is dealt with, there will continue to be places in Georgia where one cannot walk or live without fear. And the voters at the coffee clatches and Rotary clubs will still be complaining. Georgians also care about the natural environment. And I want to mention two issues briefly. First, I am going to bring you a bill to create a Coastal Zone Management Program. Georgia is the only ocean-front state that does not participate in this 24-year-old program. It would bring additional federal funding into our state to help protect our natural resources, and it would give us more authority to review and approve federal activity along our coast. No matter what anybody tells you, it will not add any new restrictions or bureaucratic layers, but instead would require greater cooperation among existing agencies and programs. Then second, an issue we have been dealing with for several years the allocation of water among Georgia, Alabama and Florida. We three states have been in formal negotiations for some time now, and we have come up with two interstate water compacts: One between Alabama and Georgia for the Coosa, Tallapoosa and Alabama River Basins, and one among Georgia, Alabama and Florida for the Chattahoochee, Flint and Apalachicola River Basins. These compacts are now before the state legislatures of each of these states for ratification. And since we do not have a compact to provide for interstate conference committees, they can only be adopted without change. I believe these compacts are fair to all the states involved and protect Georgia's interests. And I join with the Speaker and Lieutenant Governor in asking for your support and early passage of these compacts. I would also like to thank Speaker Newt Gingrich publicly, as I have privately, for his crucial help with these compacts. What he did Saturday was incredible, and I'm deeply grateful. Our Attorney General Mike Bowers has also been of tremendous help. This is truly a bi-partisan effort. I know I've been talking a long time. And I've only mentioned briefly the issue I care most about the passion of the Miller Administration education. It comes back to the family again. Parents are their children's first teachers, and we must never forget it. And then our schools become partners with parents in helping our children grow and learn. TUESDAY, JANUARY 14, 1997 77 One of my goals for education, as you already know, is to make Georgia's teacher salaries competitive on the national market, so that we can hire and keep the best teachers possible for our kids. I made a commitment to provide a six percent salary increase for Georgia's teachers every year for four consecutive years. My goal was to put Georgia's teacher salaries at the top of the region and at the national average. With your help, we have already enacted the first two increases. We are passing other states, and we are on track to achieve our goal to be able to compete nationally for outstanding teachers. And with your support, we are going to continue. I'm going to talk more about my goals for education and how the budget moves us toward them on Thursday. So until then, I'll close by saying that I want and need your help. For some of you, we've been together a long time. I've enjoyed the ride with you; it's been a good one. And we'll soon be getting off this old highway up at the next exit ramp. You've probably already found out, as I have, that as life shortens, misgivings magnify. Let's not miss this opportunity, and later be sorry we did. For those of you whose exit is way on up the road, but who have worked with me for a few sessions, I want to say thank you. We've made an enormous difference. We've made some landmark decisions. And we now have the opportunity to further that progress. For those of you who are just starting out, I want to draw your attention to the bipartisanship that has accompanied some of our most significant accomplishments in recent years. I want very much for that spirit to continue, and I will bend over backwards to do my part. Jean Monnet once said that all people of great achievement are ambitious. But the key question is whether they are ambitious to be, or ambitious to do. My friends, please join me in being ambitious to do. Senator Walker of the 22nd 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 House was read and referred to the Committee on Rules: HR 45. By Representatives Ehrhart of the 36th, Irvin of the 45th and Evans of the 28th: A resolution inviting the Honorable Newt L. Gingrich, Speaker of the United States House of Representatives, to appear before the Georgia House of Representatives. Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: 78 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 following recommendations: HB 60 Do Pass, by Substitute HB 70 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 15, 1997 79 Representative Hall, Atlanta, Georgia Wednesday, January 15, 1997 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 Ashe Bailey Baker Bannister Barfoor Barnard Barnes Bates Benefield Birdsong Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Byrd Campbell Canty Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth Cummings Davis, G Day DeLoach, B DeLoach, G Dixon, S Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Hanner Harbin Heard Hecht Heckstall Hegstrom Henson Holland Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson James Jamieson Johnson Johnston Jones Joyce Kaye Ladd Lane Lee Lewis Lord Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Mills Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Perry Pinholster Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reichert Richardson Rofrtra Ro; ol Sanders Scarlett Scheid Si.ott Shanahan Shaw Sherrill Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow Stallings Stancil, F Stancil, S Taylor Teper Thomas Tillman Titus Tolbert Trense Twiggs Walker, L Walker, R.L West Westmoreland Whitaker Wiles wnii . R w? I n.ljr 8'i Williams, R Wortkan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Alien ,f the 117th, Stanley of the 50th, Stanley of the 49th, Sauder of the 29th, Turnquest of the 73rd, Smyre of the 136th, Poag of the 6th, Davis of the 60th, Roberts of the 162nd, Carter of the 166th, Jenkins of the 110th, Dixon of the 168th, Mobley of the 69th, Rice of the 79th, Burkhalter of the 41st, Dix of the 76th, Lucas of the 124th and Polak of the 67th. They wish to be recorded as present. Prayer was offered by the Reverend Trisha Lyons Senterfitt, Associate Pastor, First Presbyterian Church >f Atlanta, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 80 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 introduced, read the first time and referred to the committees: HB 8. By Representatives Kaye of the 37th, Sanders of the 107th, Lakly of the 105th, Ehrhart of the 36th, Joyce of the 1st and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a gradual reduction in the income tax rate for individuals over a period of years; to abolish the individual income tax and the income tax on fiduciaries and partnerships, effective for tax years beginning on and after January 1, 2002. Referred to the Committee on Ways & Means. HB 10. By Representative Pelote of the 149th: A bill to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to change the period of limitations for such refunds. Referred to the Committee on Ways & Means. HB 11. By Representative Pelote of the 149th: A bill to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to change the period of limitations for such refunds. Referred to the Committee on Ways & Means. HB 17. By Representatives Mills of the 21st and Smith of the 19th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to chemical tests to determine whether a person is under the influence of alcohol or drugs and suspension of drivers' licenses; to change the provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change the provisions relating to trials utilizing results of chemical tests for alcohol or drugs in blood. Referred to the Committee on Special Judiciary. WEDNESDAY, JANUARY 15, 1997 81 HB 26. By Representative Jamieson of the 22nd: 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. Referred to the Committee on Industry. HB 31. By Representatives Crews of the 78th, Smith of the 175th, Coleman of the 80th, Pinholster of the 15th, Williams of the 83rd and others: A bill to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for postsecondary enrollment or certain financial assistance, so as to provide for qualifications for students of home study programs or graduates of nonaccredited private schools for HOPE scholarships. Referred to the Committee on Education. HB 131. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Smith of the 175th and Shanahan of the 10th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to drivers' license exemptions; to change certain provisions relating to persons not to be licensed; to provide for the issuance of an intermediate permit to drivers at least 16 years of age; to provide for a new class of license. Referred to the Committee on Motor Vehicles. HB 132. By Representatives McBee of the 88th and Childers of the 13th: A bill to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide that the State Board of Funeral Service may grant a license to a person who has been licensed in another state for at least five years even if such person did not complete a period of apprenticeship. Referred to the Committee on Health & Ecology. HB 133. By Representative Jamieson of the 22nd: A bill to amend Code Section 48-5-300 of the Official Code of Georgia Annotated, relating to the authority of county boards of tax assessors to summon witnesses and require production of documents, so as to change the type of income tax information which is subject to such authority. Referred to the Committee on Ways & Means. HB 134. By Representatives Jamieson of the 22nd, Parrish of the 144th, Channell of the lllth, Parham of the 122nd and Porter of the 143rd: A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, so as to provide for the licensure and regulation of convalescent equipment providers. Referred to the Committee on Health & Ecology. 82 JOURNAL OF THE HOUSE, HB 135. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hospitals having more than a certain number of beds shall be exempt from the requirement of obtaining a certificate of need in order to offer home health care services. Referred to the Committee on Health & Ecology. HB 136. 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 program of public tuition assistance at nonpublic schools for eligible students of certain public school systems. Referred to the Committee on Education. HB 137. By Representatives Jamieson of the 22nd and Shanahan of the 10th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to provide for the regulation of soliciting the selection, designation, or changing of a provider of long distance telephone service. Referred to the Committee on Industry. HB 138. By Representatives McBee of the 88th and Childers of the 13th: A bill to amend Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to provide for continuing education requirements for respiratory care professionals. Referred to the Committee on Health & Ecology. HB 139. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Smith of the 175th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the impoundment of license plates of habitual violators; to provide for the issuance of special license plates. Referred to the Committee on Motor Vehicles. HB 140. By Representative Buckner of the 95th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that children on probation shall maintain a passing average in school as a condition of probation until they have completed their probation or obtained a high school diploma or a general educational development (GED) equivalency diploma. Referred to the Committee on Judiciary. WEDNESDAY, JANUARY 15, 1997 83 HB 141. By Representative Jamieson of the 22nd: A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to change the circumstances in which parental consent is required to contract marriage or receive a marriage license. Referred to the Committee on Judiciary. HB 142. By Representative Floyd of the 138th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain building materials, machinery, and equipment incorporated into certain disposal, processing, or recycling facilities; to provide for an exemption with respect to certain recovered or recycled tangible personal property or industrial raw materials. Referred to the Committee on Ways & Means. HB 143. By Representative Harbin of the 113th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for increased penalties for unlawful practice as a professional engineer or land surveyor. Referred to the Committee on Industry. HB 144. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, 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 home health agency under certain conditions. Referred to the Committee on Ways & Means. HB 145. By Representatives McKinney of the 51st, Maddox of the 72nd, Hegstrom of the 66th, Heckstall of the 55th, Jones of the 71st and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the registration of acupuncturists. Referred to the Committee on Health & Ecology. HB 146. By Representatives Mills of the 21st and Smith of the 19th: A bill to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to state income taxation, so as to change certain tax tables used for computing such tax with respect to married persons. Referred to the Committee on Ways & Means. HB 147. By Representatives Tolbert of the 25th, Scarlett of the 174th and Hammontree of the 4th: A bill to amend Code Section 17-10-2 of the Official Code of Georgia Annotated, relating to conduct of presentencing hearings in felony cases, so as to provide that unsealed records of proceedings in which a juvenile has been adjudicated delinquent or unruly shall be heard as additional evidence in presentence hearings in subsequent adult felony cases. Referred to the Committee on Judiciary. 84 JOURNAL OF THE HOUSE, HB 148. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st, Irvin of the 45th, Orrock of the 56th and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the Alabama-CoosaTallapoosa River Basin Compact. Referred to the Committee on Natural Resources & Environment. HB 149. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st, Irvin of the 45th, Orrock of the 56th and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the ApalachicolaChattahoochee-Flint River Basin Compact. Referred to the Committee on Natural Resources & Environment. HB 150. By Representatives Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Pinholster of the 15th and Stancil of the 16th: A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to provide for legislative intent; to provide for semiannual reports of state departments to standing committees of the General Assembly and for responses to inquiries by such committees. Referred to the Committee on Judiciary. HB 151. By Representatives Buck of the 135th, Skipper of the 137th, Jamieson of the 22nd, Royal of the 164th and Culbreth of the 132nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for certain business enterprises in certain less developed areas and for certain manufacturing facilities or support facilities in tier 1 counties. Referred to the Committee on Ways & Means. HB 152. By Representative Birdsong of the 123rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for the official organ of publication. Referred to the Committee on Judiciary. HB 153. By Representatives Coleman of the 142nd, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Smyre of the 136th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. Referred to the Committee on Appropriations. WEDNESDAY, JANUARY 15, 1997 85 HB 154. By Representative Reichert of the 126th: A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedure upon notice of motor vehicle insurance cancellation and suspension of driver's license, so as to provide for notice of license suspension by certified mail. Referred to the Committee on Motor Vehicles. HB 155. By Representative Dobbs of the 92nd: A bill to amend Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures generally, so as to establish qualifications and payment for assessors; to provide for award of reasonable expenses in condemnation cases; to repeal the provisions relating to special matters in condemnation cases; to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated. Referred to the Committee on Judiciary. HB 156. By Representative Dobbs of the 92nd: A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to require certain information in contracts for the control of wood-destroying organisms; to require the furnishing of certain information by certain licensees. Referred to the Committee on Industry. HB 157. By Representative Dobbs of the 92nd: A bill to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, so as to revise and change certain provisions regarding the misleading transmittal or use of certain names, trademarks, logos, seals, or symbols. Referred to the Committee on Judiciary. HR 1. By Representatives Kaye of the 37th, Irvin of the 45th, Johnston of the 81st, Mills of the 21st, Yates of the 106th and others: A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, amendments to the Constitution and statutes and amendments to statutes. Referred to the Committee on Rules. HR 5. By Representatives Mills of the 21st and Smith of the 19th: A resolution proposing an amendment to the Constitution so as to limit the rate of growth in the state budget to the rate of growth in the gross state product unless approved by a two-thirds' vote of both houses of the General Assembly. Referred to the Committee on Appropriations. 86 JOURNAL OF THE HOUSE, HR 41. 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 shall be applicable to every school system in this state. Referred to the Committee on Ways & Means. HR 42. By Representative Buckner of the 95th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly by a general law may provide that persons convicted of crimes designated in such general law shall serve their entire sentences and, when so provided by such general law, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during any portion of the sentences imposed for such crimes. Referred to the Committee on State Institutions & Property. HR 43. By Representative Walker of the 87th: A resolution compensating Ms. Joan Smith. Referred to the Committee on Appropriations. HR 44. By Representative Pelote of the 149th: A resolution urging the Safety Fire Commissioner to alert the public to the danger of carbon monoxide poisoning. Referred to the Committee on Industry. HR 46. By Representatives Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Pinholster of the 15th, Stancil of the 16th and others: A resolution proposing an amendment to the Constitution so as to limit the rate of growth in the state budget and provide for the deposit of certain excess revenue in an emergency account and for tax refunds of the remainder. Referred to the Committee on Appropriations. HR 47. By Representatives Murphy of the 18th, Lee of the 94th, Connell of the 115th, Smyre of the 136th, Parrish of the 144th and others: A resolution authorizing the hanging of a portrait of James A. Kaufmann, M.D. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 25 HB 120 HB 121 HB 122 HB 123 HB 124 HB 125 HB 126 HB 127 HB 128 HB 129 WEDNESDAY, JANUARY 15, 1997 87 HB 130 HR 2 HR 39 HR 40 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 58 Do Pass HB 61 Do Pass Respectfully submitted, M Royal of the 164th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 58. By Representative Greene of the 158th: A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the compensation of the members of the board of education. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 61. By Representatives Teper of the 61st, Ladd of the 59th, Baker of the 70th, Sherrill of the 62nd, Maddox of the 72nd and others: A bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Alien YAnderson YAshe Y Bailey Y Baker Y Bannister YBarfcot Y Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Bridges Y Brooks Y Brown Y Buck YBuckner Y Bunn Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dukes Y Ehrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland 88 JOURNAL OF THE HOUSE, Y Holmes Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson Y Jenkins Y Johnson YJohnston Y Jones Y Joyce YKaye YLadd YLakly YLane Y Lee Y Lewis Y Lord Lucas Y Maddoi Y Mann Y Manning Y Martin, J Martin, J.L Y Massey McBee Y McCaU Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal Orrock Y Parham Y Parrish Y Parsons YPelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Porter Y Powell Y Purcell Y Ragas RandaU Ray Y Reaves Y Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Y Smyre Y SneUing Snow Y Stallings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert Y Trense Y Turaquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bills, the ayes were 160, nays 0. The Bills, having received the requisite constitutional majority, were passed. By unanimous consent, the Local Bills were ordered immediately transmitted to the Senate. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 16. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution relative to adjournment. Representative Brooks of the 54th arose to a point of personal privilege and addressed the House. Representative Channell of the lllth 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Children and Youth and referred to the Committee on Judiciary: HB 126. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delinquent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, so as to provide that following initial reviews, additional periodic reviews shall be held at six-month intervals. WEDNESDAY, JANUARY 15, 1997 89 Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 60. By Representatives Baker of the 70th, Ladd of the 59th, Walker of the 141st, Irvin of the 45th, Sherrill of the 62nd and others: A bill to amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, so as to authorize the proceeds of such tax to be used in part for certain capital outlay projects. The following Committee substitute was read and adopted: A BILL To amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, so as to authorize the proceeds of such tax to be used in part for certain capital outlay projects; to provide for an exception with respect to certain local Act effective date limitations; to change a definition; to change certain provisions with respect to submission to the voters of the questions of imposing and of discontinuing such tax; to change certain provisions with respect to distribution of the proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, is amended by striking paragraph (1) of Code Section 48-8-101, relating to definitions, and inserting in its place a new paragraph (1) to read as follows: "(1) 'Ad valorem taxes for county purposes' means any and all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire general obligation bonded indebtedness of the county. SECTION 2. Said article is further amended by striking Code Section 48-8-102, relating to the levy of the homestead option sales and use tax and use of proceeds, and inserting in its place a new Code Section 48-8-102 to read as follows: "48-8-102. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures 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 correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the 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. (c)(l) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article shall be used only for the purpose purposes of funding capital outlay projects and of funding services within 90 JOURNAL OF THE HOUSE, a special district equal tc the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purpose purposes, such excess funds shall be used for millagc rate adjustment expended e provided in subparagraph (c)(2)(E) (c)(2)(C) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, S ction II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by -eference the terms and conditions specified under this article. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under either Article 2 or Article 3 of this chapter." SECTION 3. Said article is further amended by striking subsection (a) of Code Section 48-8-103, relating to submission to voters to determine imposition of such tax, and inserting in its place a new subsection (a) to read as follows: "(a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and nse tax authorized by Code Section 48-8-102 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county and based on the amount of proceeds from the sales and use tax levied and collected pursuant to this article. The election superintendent shall cause the date an< purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall Lave written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act: 'NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the retail homestead option sales and use tax are approved, then neither the exemption nor the sales and use tax shall become effective.' Such statement shall be followed by the following: WEDNESDAY, JANUARY 15, 1997 91 YES ( ) NO Shall a retail homestead option sales and use tax of 1 percent be levied within the special district within _____ County for the purpose purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?' Notwithstanding any other provision of law to the contrary, the statement, ballot question, and local Act ballot question referred to in this subsection shall precede any and all other ballot questions calling for the levy or imposition of any other sales and use tax which are to appear on the same ballot." SECTION 4. Said article is further amended by striking subsection (c) of Code Section 48-8-104, relating to administration of such tax and disbursement of proceeds, and inserting in its place a new subsection (c) to read as follows: "(c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows: (A) A portion of such proceeds shall be expended for the purpose of funding capital outlay projects as follows: (i) The governing authority of the county whose geographical boundary is conterminous with that of the special district shall establish the capital factor which shall not exceed .200; and (ii) Capital outlay projects shall be funded in an amount equal to the product of the capital factor multiplied by the net amount of the sales and use tax proceeds collected under this article during the previous calendar year; (B) A portion of such proceeds shall be expended for the purpose of funding services within the special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 as follows: {A}(i) The homestead factor shall be calculated by dividing multiplying the quantity 1.000 minus the capital factor times an amount equal to the net amount of sales and use tax collected in the special district pursuant to this article for the previous calendar year, and then dividing by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places; {BKii) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; and { Kiii) If the homestead factor is greater than 1.000, the homestead exemption created by this article on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied; and te the extent; and 92 JOURNAL OF THE HOUSE, (C) the sates and use ta* proceeds collected trader this article exceed the total rcvce test te the homestead exemptions created by this article, If any of such proceeds remain following the distribution provided for in subparagraphs (A) and (B) of this paragraph: (i) the The millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article; and {BKii) In the event the rollback created by aubporagraph { } ef- this paragraph division ( of this subparagraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state." SECTION 5. Said article is further amended by striking subsection (a) of Code Section 48-8-106, relating to submission to voters of the question of discontinuing such tax, and inserting in its place a new subsection (a) to read as follows: "(a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following: '( ) YES ( ) NO Shall the 1 percent retail homestead option sales and use tax being levied within the special district within _____ County for the purpose purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?'" SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1 to the contrary, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. WEDNESDAY, JANUARY 15, 1997 93 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 Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkbalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Curomings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y DUon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. By unanimous consent, HB 60 was ordered immediately transmitted to the Senate. HB 70. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th, Royal of the 164th and Jamieson of the 22nd: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for an exemption with respect to the sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for an exemption with respect to the sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. 94 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by striking paragraph (34.2) and inserting in its place a new paragraph (34.2) to read as follows: "(34.2)(A) The sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility 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 en a factory basis. (B) Any person making a sale of machinery or equipment, or both, 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 commissioner certifying that the purchaser is entitled to purchase the machinery without paying the tax;". SECTION 2. Notwithstanding any provision of Code Section 1-3-4.1 to the contrary, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper N 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 Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr WEDNESDAY, JANUARY 15, 1997 95 On the passage of the Bill, by substitute, the ayes were 172, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Baker of the 70th 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 Crawford of the 129th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 70 was ordered immediately transmitted to the Senate. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Industry: HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th, Walker of the 141st, Skipper of the 137th 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on Motor Vehicles: HB 102. By Representative Ladd of the 59th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to change certain provisions relating to form and contents of applications for registration; to change certain provisions relating to certificates of registration. The following Resolutions of the House were read: HR 28. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Mrs. Lynn Weaver upon being crowned Mrs. North America/All Nations. HR 29. By Representatives Smith of the 109th, Sanders of the 107th and Cash of the 108th: A resolution commending Bill Gardner. HR 30. By Representatives Kaye of the 37th, Joyce of the 1st, McKinney of the 51st and Brooks of the 54th: A resolution honoring Richard Jewell. HR 54. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Seth F. Andrews. 96 JOURNAL OF THE HOUSE, HR 55. By Representatives Franklin of the 39th and Lee of the 94th: A resolution expressing regret at the passing of Richard L. Cash. HR 56. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending J.R. and Hallene Huddlestun for being awarded the Rotary Club of Canton Lamar Haley Community Service Award for 1996. HR 57. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Tommy and Mary Padgett for being awarded the Rotary Club of Canton Lamar Haley Community Service Award for 1996. HR 58. By Representative Mann of the 5th: A resolution commending and recognizing Dauswell Rogers Mahan, Jr., M.D. HR 59. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Mr. Steven L. Holcomb for being awarded the Rotary Club of Canton Lamar Haley Community Service Award for 1996. HR 60. By Representative McKinney of the 51st: A resolution commending Goldy Criscuolo on the occasion of her 75th birthday. HR 61. By Representative Pelote of the 149th: A resolution recognizing and commending Dr. George Thomas, Sr. HR 62. By Representative Pelote of the 149th: A resolution commending George Williams, Jr. HR 63. By Representative Pelote of the 149th: A resolution commending Deacon Curley Milton. HR 64. By Representative McBee of the 88th: A resolution commending the Georgia District of Kiwanis International and recognizing Kiwanis Youth Safety Week. HR 65. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution recognizing and commending the Reverend Mary Lou Boyd. By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Y Alien Y Andersen Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Barnard Y Bames Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford WEDNESDAY, JANUARY 15, 1997 97 Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carter YCash YChanneU Y ChUders Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDU Y Diron, H Y Diion, S YDobbs Y Dukes YEhrhart YKpps Y Evans Y Everett Y Felton YFloyd Y Franklin Golden Y Graves Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Hobnes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jaxnieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi Mann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Stailings Y Stancil, F Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the adoption of the Resolutions, the ayes were 168, nays 0. The Resolutions were adopted. Representative Stallings of the 100th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 128 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 98 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, January 16, 1997 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 Barnard Barnes Bates Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Cash CChhialndneersll Clark Coan Coleman, B Council Cooper Crawford Crews Culbreth Cummings Davis, G DeLoach, B DeLoach, G Dii Dijon, H Dizon, S Dobbs Dukes Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Hammontree Harbin Heard HHeencshot n Holland Howard Hudgens Hudson, H Hudson, N Jackson James Jamieson Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCaU McClinton McKinney Mills MMuoselleleyr O'Neal Orrock Parham Parsons Pelote Perry Pinholster Poag Polak Ponder Porter Powell Purcell Ragas Ray Reaves Reichert Rice Richardson Rogers Royal Sanders Sauder Scarlett Scheid Scott |SihmWs Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stand], F StancU, S Taylor Teper Thomas Tillman Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L West Westmoreland Wwuhams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Hugley of the 133rd, Day of the 153rd, Shanahan of the 10th, Mobley of the 69th, Parrish of the 144th, Hegstrom of the 66th, Stanley of the 50th, Stanley of the 49th, Roberts of the 162nd, Irvin of the 45th, Hanner of the 159th, Heckstall of the 55th, Teague of the 58th, Bordeaux of the 151st, Coleman of the 142nd, Snow of the 2nd, Williams of the 83rd, Jenkins of the 110th, Benefield of the 96th and Jones of the 71st. They wish to be recorded as present. Prayer was offered by Dr. Alton G. Cook, Pastor, First Baptist Church, Homerville, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. THURSDAY, JANUARY 16, 1997 99 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 introduced, read the first time and referred to the committees: HB 3. By Representative Kaye of the 37th: 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 lobbyists, so as to provide a short title; 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 6. By Representative Kaye of the 37th: A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, 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 identifying the local school systems from which such students graduated and the cost per system of providing such remedial instruction. Referred to the Committee on University System of Georgia. HB 7. By Representative Kaye of the 37th: A bill to amend Code Section 20-2-31 of the Official Code of Georgia Annotated, relating to the qualifications of the office of State School Superintendent, 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. Referred to the Committee on Education. HB 13. By Representative Kaye of the 37th: 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 lobbyists, so as to provide a short title; 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. 100 JOURNAL OF THE HOUSE, HB 18. By Representative Kaye of the 37th: 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 the provisions relating to budget unit object class transfers. Referred to the Committee on Appropriations. HB 19. By Representatives Manning of the 32nd, Parsons of the 40th, Sauder of the 29th, Barnes of the 33rd and Ehrhart of the 36th: 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. Referred to the Committee on Governmental Affairs. HB 158. By Representatives Everett of the 163rd, Irvin of the 45th and Pinholster of the 15th: 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 the authority of the State Transportation Board or commissioner of transportation to name certain roads; to limit the authority of counties and municipalities to name certain roads. Referred to the Committee on Transportation. HB 159. By Representatives Everett of the 163rd, Irvin of the 45th, Ehrhart of the 36th and Pinholster of the 15th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person who is in arrears on any state or local taxes, fees, or assessments shall be eligible for election to public office in state, county, or municipal elections. Referred to the Committee on Governmental Affairs. HB 160. By Representatives Everett of the 163rd, Irvin of the 45th, Ehrhart of the 36th, Pinholster of the 15th and Grindley of the 35th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to prohibit amplified solicitation of votes which is audible in polling places. Referred to the Committee on Governmental Affairs. HB 161. By Representatives Shaw of the 176th, Coleman of the 142nd, Snow of the 2nd, Perry of the llth and Carter of the 166th: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide for toll free calling between two telephones where the central offices serving such telephones are located in adjacent counties. Referred to the Committee on Industry. THURSDAY, JANUARY 16, 1997 101 HB 162. By Representative Harbin of the 113th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to exempt home health agencies from certificate of need requirements. Referred to the Committee on Health & Ecology. HB 163. By Representatives Baker of the 70th, Twiggs of the 8th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Chapter 9 of Title 35 of the Official Code of Georgia Annotated, relating to special policemen, so as to define a term; to provide that federal law enforcement officers shall have the same powers, duties, privileges, and immunities as a peace officer under certain circumstances. Referred to the Committee on Public Safety. HB 164. By Representative Holland of the 157th: 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 that a certain option shall be available to members whose spouses died on or after a certain date. Referred to the Committee on Retirement. HB 165. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend Code Section 48-8-102 of the Official Code of Georgia Annotated, 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 166. By Representatives Lee of the 94th, Cummings of the 27th and Snelling of the 99th: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain antique hobby aircraft. Referred to the Committee on Ways & Means. HB 167. By Representatives Baker of the 70th, Hanner of the 159th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide a short title; to provide for the preservation and management of the coastal zone. Referred to the Committee on Natural Resources & Environment. HB 168. By Representatives Coleman of the 142nd, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Smyre of the 136th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997, and ending June 30, 1998. Referred to the Committee on Appropriations. 102 JOURNAL OF THE HOUSE, HB 169. By Representatives Coleman of the 142nd, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Smyre of the 136th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1997, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein. Referred to the Committee on Appropriations. HB 170. By Representatives Coleman of the 142nd, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Smyre of the 136th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1998, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein. Referred to the Committee on Appropriations. HB 171. By Representatives Dixon of the 168th and Epps of the 131st: A bill to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Administrative Procedure Act," so as to redefine the term "agency" as it relates to the Department of Revenue. Referred to the Committee on Regulated Beverages. HB 172. By Representatives Powell of the 23rd and Skipper of the 137th: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," so as to change the definition of a certain term; to provide that any instructor approved to teach any required education course at an approved school shall pay an original application fee and renewal fee as established by the Georgia Real Estate Appraisers Board. Referred to the Committee on Industry. HB 173. By Representatives Powell of the 23rd and Skipper of the 137th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required under said chapter. Referred to the Committee on Industry. HB 174. By Representatives Powell of the 23rd, McCall of the 90th and Coleman of the 80th: A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, so as to change the definition of used motor vehicle dealer and used car dealer. Referred to the Committee on Motor Vehicles. THURSDAY, JANUARY 16, 1997 103 HB 175. By Representatives Powell of the 23rd and Dobbs of the 92nd: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to the Board of Pardons and Paroles, so as to provide that board employees are not required to resign their employment if they become candidates for or accept appointment to certain public offices. Referred to the Committee on State Institutions & Property. HB 176. By Representatives Walker of the 87th, Bordeaux of the 151st, Trense of the 44th and Dobbs of the 92nd: 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 institutions, 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 177. By Representatives Golden of the 177th, Bates of the 179th and Byrd of the 170th: A bill to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio under the "Employment Security Law," so as to change the provisions relating to the State-wide Reserve Ratio. Referred to the Committee on Industrial Relations. HB 178. By Representatives Dobbs of the 92nd and Twiggs of the 8th: A bill to amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section; to provide for the payment of replacement costs and interest. Referred to the Committee on Special Judiciary. HB 179. By Representatives Hecht of the 97th, Lee of the 94th, Walker of the 141st, Benefield of the 96th and Reichert of the 126th: A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to provide that any court making an adjudication that a juvenile has committed a designated felony act shall notify the school attended by the juvenile. Referred to the Committee on Judiciary. HB 180. By Representatives Hecht of the 97th, Lee of the 94th, Walker of the 141st, Benefield of the 96th and Reichert of the 126th: A bill to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide that a student enrolling for the first time in any school in grade seven or higher must provide a copy of his or her scholastic and discipline record. Referred to the Committee on Education. 104 JOURNAL OF THE HOUSE, HB 181. By Representatives Smith of the 175th, Taylor of the 134th, Ashe of the 46th and Trense of the 44th: 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 require that any person teaching education courses at a university or college shall be required to have taught at a public elementary or secondary school for at least one year within the previous five years. Referred to the Committee on University System of Georgia. HB 182. By Representatives McCall of the 90th and Hanner of the 159th: 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 change the provisions relating to the inspection of antifreeze samples; to provide for the submission of current certified test reports; to provide for the issuance of licenses or permits. Referred to the Committee on Agriculture & Consumer Affairs. HB 183. By Representatives Randall of the 127th, Crews of the 78th, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd: A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, 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 or not prosecuted shall be entitled to have any criminal records relative to such case purged. Referred to the Committee on Special Judiciary. HB 184. By Representatives Randall of the 127th, Williams of the 114th, Parham of the 122nd and Childers of the 13th: A bill to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, known as the "Patient Protection Act of 1996," so as to define an additional term; to change the provisions relating to standards for certification; to provide that a managed care plan shall provide coverage for drugs and medical devices and provide for a drug utilization review program. Referred to the Committee on Health & Ecology. HB 185. By Representatives Skipper of the 137th, Royal of the 164th, Jamieson of the 22nd and Buck of the 135th: 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. Referred to the Committee on Ways & Means. HB 186. By Representative Williams of the 114th: A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to hunting seasons and bag limits, so as to provide that the Board of Natural Resources may establish only a state-wide dove hunting season. Referred to the Committee on Game, Fish & Parks. THURSDAY, JANUARY 16, 1997 105 HB 187. By Representative Twiggs of the 8th: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the composition of said council; to provide for the effective date of membership of the director of the Georgia Indigent Defense Council. Referred to the Committee on Public Safety. HB 188. By Representatives Royal of the 164th, Murphy of the 18th, Connell of the 115th, Bates of the 179th and Shanahan of the 10th: A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change provisions relating to effective dates of Acts affecting local revenues or expenditures; to specify what types of Acts shall be subject to such requirements. Referred to the Committee on State Planning & Community Affairs. HR 48. By Representatives Johnston of the 81st and Coleman of the 142nd: 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 49. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the "Hugh L. Logan Interchange". Referred to the Committee on Transportation. HR 50. By Representative Bunn of the 74th: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 51. By Representatives Heckstall of the 55th, Davis of the 48th, McKinney of the 51st, Sinkfield of the 57th, Brooks of the 54th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the operation of casino gambling shall be legal in this state. Referred to the Committee on Industry. HR 52. By Representatives Heckstall of the 55th, Davis of the 48th, McKinney of the 51st, Sinkfield of the 57th, Brooks of the 54th and others: A resolution proposing an amendment to the Constitution so as to provide that the sale of malt beverages and wine in packages or by the drink for consumption on the premises shall be lawful on Sunday throughout the State of Georgia. Referred to the Committee on Regulated Beverages. 106 JOURNAL OF THE HOUSE, HR 53. By Representatives Heckstall of the 55th, Davis of the 48th, McKinney of the 51st, Sinkfield of the 57th, Brooks of the 54th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for pari-mutuel wagering at horsetracks. Referred to the Committee on Industry. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 8 HB 10 HB 11 HB 17 HB 26 HB 31 HB 131 HB 132 HB 133 HB 134 HB 135 trJlO B 136 HB 137 HB 138 HB 139 HB 140 HB 141 HB 142 HB 143 HB 144 HB 145 HB 146 HB 147 HB 148 HB 149 HB 150 HB 151 HB 152 HB HB 154 HB 156 i *\7 HR 1 HR 41 HR 42 HR 43 HR 44 HR 46 HR 47 Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 128. By Representative Lee of the 94th: A bill to amend Code Section 21-1-2 of the Official Code of Georgia Annotated, relating to the preparation, printing, publicizing, and distribution of the summary of proposed amendments to Constitution of Georgia, so as to provide that the Secretary of State shall be authorized to include with such summary a summary or explanation of state-wide referenda questions and other explanatory materials. The report of the Committee, which was favorable to the 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 YAshe Y Bailey Y Baker Bannister Y Barfoot Y Barnard Y Barries Y Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channel! Y ChUders Y Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrbart Y Epps Y Evans Y Everett Y Felton THURSDAY, JANUARY 16, 1997 107 YPloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Heckstall YHegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley YJrvin Y Jackson Y James Y Jamieaon Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y SneUing Snow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Heckstall of the 55th 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 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 14 having arrived, the Senate 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 Senate, 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: If this speech had a title, it would be "A Forced March to Reality." And if it had a musical score, it would be "The Bridge on the River Kwai" not to be confused with the bridge to the 21st century. Tuesday, I reported that the State of the State is great. Jobs are up, unemployment is down. Our economy is strong, at least by comparison to most everybody else's. Today I am pleased to add that state government's finances are equally sound. But I also want to emphasize to you that it didn't just happen. And it will not stay that way unless we are vigilant. Left to their own devices, expenditures never creep down. They always creep up. Especially in government, where there is rarely competition to provide an incentive to hold them down. And the only reason the state's finances are in good shape today, is because we have deliberately worked over the years to keep them that way, especially the last six years. 108 JOURNAL OF THE HOUSE, When I became Governor, I was faced with a slowing economy and no money at all in the state reserves. We began "a forced march to reality," and we have kept right on marching right through the budget that is before you today and until the day I leave office, we will still be marching. Because the citizens of Georgia need and want better services from government on the things that are important to them. But right now they are not willing to pay more taxes to get those services, because they do not believe they are getting maximum benefit for the taxes they already pay. So we are constantly focusing our attention on the results we want to accomplish with those tax dollars. In this administration, we do that with a process called "budget redirection." Every year, I require each department head to evaluate their ongoing programs, and identify at least five percent of their budget to be cut from low priorities and redirected to high priorities. And, once they identify that five percent, they don't always get to keep it in their department. There might be a higher priority somewhere else. Last year, we used budget redirection to shift nearly $600 million. This year we are redirecting another $350 million. That is almost a billion dollars in cuts across two budgets, that were redirected to other uses. This is how we have been able to make significant, long-term investments in education and economic development, while at the same time cutting taxes. We also continue to privatize aspects of state government that ought to be in the private sector or can be done more efficiently by outsourcing them. Our very first initiative the War Veterans Home in Milledgeville is successfully saving taxpayers $7 million a year. The resort hotel and water park at Lake Lanier Islands is now under private operation, and will bring more than $315 million into the state treasury over the course of the lease. Bids are about to be awarded for two private prisons in Wheeler and Coffee counties, which will save millions each year. But I didn't want to do privatization just to save money. I wanted to change the culture of state government. When it makes sense and saves money to privatize something or to outsource support services, that should be standard operating procedure. It should not take a special privatization commission to do it. We are also reforming welfare and Medicaid, which both involve massive amounts of our taxpayer's money. On Tuesday I described how we are overhauling welfare to make it do more, and I'm going to get back to it again a little later in this speech. In Medicaid, we are implementing some of the recommendations of the Georgia Coalition for Health in this budget. And we are aggressively seeking out fraud. We have convicted 40 Medicaid providers for fraud, and 30 more providers have been indicted and are awaiting trial. We've scared the hell out of some folks. And you can see it in a noticeable drop in their billings. THURSDAY, JANUARY 16, 1997 109 Fraud and abuse in this program were rampant. I happen to think that it is an issue that deserves national attention. Increased access to health care is important we all know that but so is cost containment. It is another "forced march to reality." We are also re-examining our reimbursement rates, and moving toward managed care, which is quality care at a lower cost. As a result, we have flat-lined the Medicaid budget. And that is significant, because Medicaid used to be the Pac-Man of the budget, consuming more than its fair share of available funds, and taking up an ever larger portion of our budget. We have also flat-lined the growth of state employees. If you exclude bed growth in Corrections and for juvenile offenders, the number of state employees is down 2 percent since I became Governor. It had been increasing at a rate of 10 percent every two years before I took office. Most of our taxpayers are scrimping and saving to make ends meet. They've got dreams of what they'd like to accomplish with the money they earn. And we have no right to take any more money from them than we need to give them the results they are looking for. So as we have made state government more efficient, we have cut more taxes. We have cut taxes by a total of nearly $700 million during this administration. Right now, we continue to remove the state sales tax from groceries not only the biggest tax cut in Georgia history, but one of the largest tax cuts by any state in recent years. The budget before you today accounts for the cost of removing the third cent of sales tax on October 1st. And the supplemental budget sets aside an additional $129 million to cover the cost of the fourth and final cent next year. So the money is now in the bank to cover the full cost of this tax cut. Speaking of money in the bank, we have rebuilt our reserves from absolutely zero when I took office, to nearly $550 million. We have steadily built up our Revenue Shortfall Reserve, which is our "rainy day fund," from zero to a full statutory balance of $313 million. It has taken discipline to set that money aside. But our "forced march to reality" kept us on track. And today our reserves include not only the "rainy-day fund" and the Midyear Adjustment Reserve, but also two lottery reserves. And, if we really and truly are fiscally responsible, as we like to say we are, we will establish a $12 million reserve for our new state welfare program. I intend to leave all of these reserves completely full for the next Governor. The strong management we have exercised enables us to emphasize the state's top priorities in the budget for Fiscal Year 98. Its total of $11.8 billion represents only a 4.6 percent growth rate over the FY 97 budget. It includes a $508 million bond package that keeps our debt ratio at about half of our Constitutional limit, where we have kept it for years, and is consistent with the criteria of the Debt Management Advisory Committee. The most important priority for our future is education. So let me start there. Georgia's lottery continues to provide a significant source of revenue to date, more than $2 billion. 110 JOURNAL OF THE HOUSE, On Tuesday I told you about the incredible national and international attention our prekindergarten program is generating. And when you open your budget today, you will find lottery funds to keep it at around 60,000 children. Since the HOPE Scholarship program began in September 1993, it has benefitted 234,000 Georgia students at a cost of $291 million. Students who did not have a B average or did not go to college straight from high school have been able to earn a HOPE scholarship by compiling a B average over 90 quarter hours, or two years of academic work. With this budget, I propose reducing that to 45 hours, or one year. Of the technology funds, close to $40 million, which is $30 per FTE, will go to local schools to be used at their discretion either for equipment or technology training for teachers. And then another $25 million will provide teacher technology training for our schools. Georgia's lottery for education has become a national model not only because of what it has done, but also because of what it has not done. It has not supplanted any general fund money for education. In fact, at the same time we have been implementing these lottery programs that are the envy of so many states, we have also been increasing not only the general fund dollars going for education, but the proportion of the budget we devote to it. In FY 94, when the lottery started, we were devoting 50.1 percent of the budget to education. In the budget before you today, nearly 54 percent of the general funds are devoted to education. And then the lottery is on top of that. Of course, this budget contains the third 6 percent salary increase for teachers, keeping us on track to make Georgia first in the southeast and competitive on the national market. Remember, the whole point of raising salaries is to have the best teachers in our classrooms. Continued enrollment growth in our schools means we need to add $116 million to the QBE formula. And I want to make a more deliberate effort to tackle one of the toughest problems we've got in education in Georgia: dropouts. Most educators will tell you that today you can spot a potential dropout by the third or fourth grade. Pre-kindergarten is going to help with that, because our children will enter school ready to learn. And they will be less likely to fall behind early. But in the meantime, I want to do something about the students who are falling by the wayside. Very few dropouts stop to consider how it will affect their future life. Our challenge is to find a firm but gentle way to send a wake-up call to those students and to their parents.... To make them stop and think about what they are doing. And I'm ready to try just about anything to see what might work. In Oregon, they have a dropout diploma that the students and their parents sign that reads: "By signing this disclaimer, I show that I realize I will not have the necessary skills to survive in the 21st century." In North Carolina, Governor Jim Hunt last week had a high school student at his inauguration who had instituted a "no dropout pact" with his ninth grade classmates. THURSDAY, JANUARY 16, 1997 111 We have got to have more information about what happens to these kids. Do they find a job sometimes? Are they just hanging out on the streets? What's the time frame before some of them end up in our criminal justice system? How many of them quickly see the light and begin to work on a GED? We know that half of the GEDs earned in this state go to Georgians under age 24. Georgia is fortunate to have a lot of retired military personnel living in our state. They could be a lot of help with these youngsters, working with them on a part-time basis. And I still like the idea of the governor or a legislator showing enough interest to be personally involved in these young lives. We need some answers. So, I want to pilot a dropout prevention program in eight school systems, which will be laboratories where we can try out innovative ideas. Superintendent Schrenko proposed that we redirect $60 million in existing funds within the QBE formula, to reduce the class size in our high schools from 23 students to 20 students. I agree that this is a good idea. And another $5.3 million for a new school data system. So that when we redirect existing money to fund a high school class size of 20 students, as we're proposing, we can follow up and find out whether class size actually goes down in our local schools... Or whether that money gets sidetracked somewhere along the way, which I have a sneaking suspicion it does. And then in the University System budget you will find $2 million for a new initiative called Partners in Success. None of us not you nor I like having to spend money on remedial education. It's paying for something we already paid for once. This program will reach down into our high schools to improve students' readiness and reduce the need for remedial work after they get to college. An economics professor at the University of Illinois recently posed this question: Which investment pays a better return on the dollar a 30-year treasury bond or a college student? If you said a college student, you're right. That is why I believe education is the best economic policy there is. My goal as Governor has been to create a culture of higher expectations in this state. I want the question for our students to be not "whether" to go to college or technical school, but "where" to go. Thanks to the HOPE Scholarship Program, that is possible. We now have the fourth largest university system in the nation, and it continues to grow. So the budget adds $23.5 million to the System's funding formula for enrollment growth. We also need space on our campuses to put all these students. So in next year's budget, I am recommending $126 million in bonds for 20 construction projects at 17 campuses, which will bring University System construction to nearly a billion dollars in this administration. The marriage of education and technology is where the future lies. Our massive electronic library called Galileo, already provides a cost-effective way for units of the University System to share library resources. And then it provides access to those resources for all our technical institutes and all our regional public libraries. Galileo has been getting heavy usage. In November, it marked its one-millionth log-in. 112 JOURNAL OF THE HOUSE, In this computer age, I think we've got to expand access beyond Galileo. So I propose to make InterNet access available to every single one of our K-12 schools from Waleska to Willacoochee all 1,818 of them hooked up to the InterNet. Also all 157 public libraries, all technical institutes and all public colleges and universities in Georgia. Through the PeachNet computer network of our University System, even the smallest and most remote school or library will have access not only to Galileo, but also to the other resources available on the InterNet. We're talking about something historic here. It is a coordinated attempt by all of our educational systems to work together and provide equal and systematic access to the InterNet. In addition, I am recommending $8 million in lottery and general funds to upgrade technology in the University System and to provide training for future classroom teachers and faculty members to use it well. Georgia's University System has become a national trend setter in building economic development partnerships with private sector business. And the Georgia Research Alliance is an economic development partnership that is producing results. Since the Research Alliance was formed in 1990, sponsored research at its six member universities has nearly doubled. And the number of Georgia firms sponsoring research has increased by almost four-fold. Time and time again as I recruit industry and talk with CEOs around the world, I've seen the assets of the Research Alliance make a big difference. So in addition to the lottery-financed labs in the supplemental budget, I want to provide for two more eminent research scholars in the big budget. Textiles, forestry and food processing have been the backbone of our manufacturing economy, and with a little help they can continue to thrive in the high-tech economy of the future. So you will find a total of $8.4 million for our Traditional Industries Research program, which serves them. Our economic development partnership called ICAPP the Intellectual Capital Partnership Program is the first of its kind in the nation. It identifies specific workforce needs in specific Georgia communities, then focuses University System resources on educating Georgians for those jobs. ICAPP is helping Columbus meet a greater workforce demand for computer analysts, and is helping Augusta residents laid off from the Savannah River plant. Our technical institutes also make a significant contribution to our economy. Of last year's tech school graduates, 83 percent went straight into jobs that were directly related to their program of study. Most of the rest went on to further education. Enrollment of credit students at our tech schools has increased by nearly 50 percent in the past six years. It is now at an all-time high of more than 43,000 students. We are in the final stages of the most extensive technical education expansion in Georgia history, and with the completion of the facilities that are presently under construction, Georgia will have a technical school within a 40-minute drive of every citizen in the state. This kind of access, in combination with the HOPE Scholarship Program, gives every Georgian the opportunity to learn a skill and prepare to join our growing, educated workforce. And over the next two years, I want to bring the local tech schools in Atlanta and Savannah into the state system. THURSDAY, JANUARY 16, 1997 113 Over the course of this administration, Georgia has become one of the top states in the nation in the number of GEDs our citizens are earning. Shirley's worked hard on adult literacy, and I'm proud of her efforts. More than 20,000 Georgia citizens now get their GEDs every year. More and more Georgians are finding from personal experience that what you learn determines what you earn. This budget completes a three-year initiative to put an adult literacy teacher and computer lab in every county in Georgia. Sooner or later in politics, the obvious becomes apparent. That is what has happened with welfare in this country. So as of January 1st, the old AFDC entitlement program in Georgia was completely replaced by a new program called Temporary Assistance for Needy Families, or TANF. Michael Thurmond has done a superb job in developing this program that concentrates on helping people get the skills and jobs they need to become self-sufficient, and on pregnancy prevention, especially among teenagers. The bottom-line expenditure of state funds is virtually unchanged. What changes, and changes drastically, is how that money is spent. We anticipate that the new TANF program, combined with our WorkFirst program, will continue to reduce the welfare rolls, and the money that is freed up will be used for the programs I described to you Tuesday. More than $16 million will be added to enhance the education, job training and job placement efforts as part of our welfare reform. The pregnancy prevention initiatives begin in the supplemental budget, and continue with $3.5 million in this budget. And for the first time, $1 million from our substance abuse block grant is dedicated to get pregnant and postpartum welfare recipients off of drugs. $2.7 million will strengthen child support enforcement. Georgia has doubled our annual child support collections over the course of this administration. It doesn't solve the welfare problem, but it helps. Unlike most states, Georgia was ahead of the curve in the increases we have been providing for child care to enable recipients to attend school or work. And we are in the enviable position of already having enough resources committed for child care at least through the budget that is before you. But I am recommending $3.5 million in this budget to give county-level DFACS offices the staff they need to monitor this child care, and make sure quality care is reaching the families who really need it. Our federal funding for welfare is capped under the new block grant. It will not go above a certain level. And as I have already said, I believe it is fiscally responsible to create a $12 million reserve. That federal cap also means that we cannot afford to waste any of our welfare funds, or have recipients who abuse or take advantage of the assistance they receive. I, like you, want to ferret out and track down fraud and abuse. So this budget includes $1.7 million for 50 new welfare investigators to double our efforts. On Tuesday I explained why the State of Georgia needs to be more pro-active in encouraging the adoption of more than 1,000 of our foster children who are eligible. 114 JOURNAL OF THE HOUSE, Today I'm going to tell you how we do it. I propose $1.2 million to contract with private adoption agencies for the placement of children. And then to make adoption possible for more families, I want to increase the adoption supplement per diem to the same level as for foster children $10.50 per day for families who need financial assistance to adopt a special-needs child. Another $2.8 million in the supplemental budget will enable us to set up a statewide tracking system to keep up with the 17,000 children we have in state custody. And then for foster children who are "aged out" of the system, I recommend $1.5 million for an independent living service program to teach foster children age 16 and above the skills they need to manage on their own. The program would also assist foster children who want to go on to college but lack the financial support a family provides. Mental health provides a great example of what budget redirection means. Too many of our Severely Emotionally Disturbed children are being hospitalized, when they could be treated in the community if services were available. To date this administration has provided $17.6 million for community-based SED services including $1.4 million in this budget to complete Phase One services in Whitfield, Walker, Sumter, Emanuel and Bulloch County service areas. We also have Chronically Mentally 111 patients in our state psychiatric hospitals who could be treated in their own communities, with better result to them and lower cost to taxpayers. In the supplemental budget, I propose that we redirect $14.7 million from hospital-based services to community based services, fully funding CMI core services in Gwinnett, Clarke and Thomas County services areas, and expanding services in seven other areas. Our shift to community-based services is also reflected in my proposal to close the Brook Run institution. I know how controversial and emotional this issue is. But if you look at the hard question of what's best for the most people, I do not see how you can help but agree. To keep Brook Run operating, with its heavy cost, really keeps many of those who need help right now from getting it. Basically, we can take the same level of funding and serve over 500 individuals in the community, compared to only 326 at Brook Run. Public safety is an important area where our citizens are looking for results. And we continue our quest to keep violent criminals behind bars for a long, long time. Our "forced march to reality" through budget redirection is helping us achieve this goal. Across the remainder of this fiscal year and into next fiscal year, we are going to open more than 3,800 new prison beds. In addition to expansions at five existing prisons, we are increasing the capacity of our existing prisons by double bunking cells that have been single-bunked... which is giving us more than 1,800 new beds without the cost of building anything. And you will see, it costs only $2.5 million in operating funds to make these additional beds available. One of the most alarming aspects of corrections is the surge we are seeing in violent crime by teenagers and even younger children. THURSDAY, JANUARY 16, 1997 115 The number of juvenile offenders coming into DCYS custody has more than doubled in just the past five years. It has created incredible stresses and challenges for our Department of Children and Youth Services, which by the way we propose to rename the Department of Juvenile Justice. Gene Walker has done an outstanding job, as I knew he would. We have to provide bed space for these troubled kids. So I am asking you to fund 611 new beds, bringing our total capacity to almost 4,000 beds. And I want to move forward with the new Youth Development Center in Sumter County, and an expansion at the Macon YDC. For the GBI, I want to help local law enforcement officers fight crime by giving them access to crime labs on a regional basis. I propose upgrading and expanding our facilities in Columbus and Macon. The Macon expansion will include a morgue, which will give us four sites with autopsy capacity one each in north, south and middle Georgia in addition to Atlanta. I also want to expand our DNA database for sexual assault cases, and establish a statewide registry of violent sexual offenders and notify local authorities when they are released from prison. Each and every day, I focus a lot of my attention on economic development and creating jobs. Education is important; we all agree on that. So is a good transportation system, and we have one of the best. Few states have the network of airports that we do not just the world-class Hartsfield, but all over Georgia. And our highway system, for two years in a row, has been rated first in the nation by The Road Information Program in Washington, D.C. We've got to keep investing in it. I am proposing another $110 million in bonds to continue our work on the economic development highway network. Then $28.5 million in motor fuel tax revenues is for the off system State Fund Construction Program. The DOT budget also includes $3.2 million for upkeep of the dredged areas of the Savannah Harbor, which brings us to another critical piece of our transportation and economic development infrastructure our ports at Savannah and Brunswick. The Port of Savannah is one of the premier ports on the Atlantic coast, with service by more than 50 different international shipping lines. Last year over 13 million tons of cargo moved through that port. I am recommending $27.8 million in bonds to purchase two more cranes and expand Berth 13 at Ocean Terminal in Savannah. As usual, the Ports Authority will pay the principal and interest on these bonds. Talking about creating jobs, I want to say this: Across this country, the convention industry is very competitive. If we want to remain one of the nation's leading convention destinations and keep those jobs that go with it, we must plan ahead. Several of our regular trade shows have now outgrown our existing space, and may soon be moving elsewhere. So you will find $10.5 million in the budget to plan and design Phase Four of the World Congress Center. This expansion will attract half a million additional visitors to Georgia each year. It will have an economic impact of $1 billion, generate tax revenues of $53 million and mean up to 19,000 new jobs. 116 JOURNAL OF THE HOUSE, So, folks, you may do with this what you wish. But for me it boils down to this: Either we protect our investment and capture these additional economic benefits for Georgia, or we pull the plug on our convention industry and lose its economic benefits to our competitors. In the area of natural resources, I am proud to report that Preservation 2000 achieved its goal of preserving 100,000 acres of natural land. We have now turned our attention to the streams and rivers which are a critical, but vulnerable natural resource. I created RiverCare 2000 to acquire sensitive river-corridor properties, and work together with local communities and private landowners to improve the management of this critical resource. And under natural resources, you will find a proposal of $10 million in bonds to continue our acquisition of natural land in our river corridors. In addition, we need to devote $1.4 million to establishing adequate total maximum daily loads for 423 segments of our rivers and streams. This addresses a court ruling against the federal Environmental Protection Agency. I've talked a lot about what we are going to do with state revenues in this budget. Let me talk just a little about collecting those revenues. Our taxpayers expect us to be efficient and effective in what we do with their money. They also expect us to be efficient and effective in collecting their money and making sure every taxpayer pays their fair share. The problems that have emerged in recent years in the Revenue Department make it clear that our management structure and processing systems have fallen behind the times. So last summer I created a public-private steering committee of business and government executives for the overhaul of this department. And we hired the nationally respected firm of KPMG Peat Marwick to give us a long-term "Blueprint for Modernization." They will complete this study next month. It is already clear that we need significant changes in management approaches, technology, workforce preparation within the Department and privatization of several functions. The complete overhaul will take several years, and it is going to require a significant expenditure of funds. The supplemental budget includes the first installment of $15 million, and this budget for next year has another $6 million. It is a wise investment that will pay for itself through greater efficiency and more effective collection of back taxes. In fact, it will start paying for itself before it is even fully implemented, and will recover its entire cost soon after the changes are completed. Thank you for listening to another long speech. And thank you for not "falling out" during the "forced march to reality." This march has not been a exercise for the timid and faint-hearted. It's not easy to resist the siren's song of simple answers. But we have discovered that tightening the belt is great for focusing the mind. And, unlike some governmental entities, this state is not a "citadel of champagne wishes and caviar dreams." Rather, for us, it's a new day with a new way. And I believe the people of Georgia appreciate it. THURSDAY, JANUARY 16, 1997 117 Senator Walker of the 22nd 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 Resolutions of the House were read and referred to the Committee on Rules: HR 66. By Representative Murphy of the 18th: A resolution recognizing and commending the Bremen High School girls' softball team and inviting the team and its coaches to appear before the House of Representatives. HR 67. By Representative James of the 140th: A resolution commending the Macon County High School football team and inviting the team and its coaches to appear before the House of Representatives. The following Resolutions of the House were read and adopted: HR 68. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th: A resolution commending Dr. Mark Joseph Eanes. HR 69. By Representative Bannister of the 77th: A resolution commending James McNeill Moore, Jr. HR 70. By Representatives Ray of the 128th and Jenkins of the 110th: A resolution commending Homer C. Seagler and congratulating him upon his retirement. HR 71. By Representative Coleman of the 80th: A resolution commending Timothy J. Shields. HR 72. By Representatives Williams of the 83rd, Dix of the 76th and Coan of the 82nd: A resolution recognizing and congratulating the Brookwood High School Football team. HR 73. By Representative Orrock of the 56th: A resolution commending Matthew Hilliard. HR 74. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Sadie Mae Milton-Howard. 118 JOURNAL OF THE HOUSE, HR 75. By Representative Murphy of the 18th: A resolution commending the Haralson County Veterans Association. HR 76. By Representative Tolbert of the 25th: A resolution recognizing and commending Commerce Middle School. HR 77. By Representative James of the 140th: A resolution recognizing and commending the Macon County High School football team. Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 123 Do Pass HB 126 Do Pass Respectfully submitted, /s/ Martin of the 47th 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 188 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report: Mr. Speaker: Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 93 Do Pass HB 119 Do Pass HB 171 Do Pass Respectfully submitted, /s/ Dixon of the 168th Chairman THURSDAY, JANUARY 16, 1997 119 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. 120 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Friday, January 17, 1997 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 Barnard Barnes Bates Benefield Birdsong Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Cash ChanneU Childers Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth Cummings Davis, G Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Gnndley Hammontree Harbin Heard Hecht Heckstall Hegstrom Henson Holland Howard Hudgens Hudson, H Hugley Jackson James Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McKinney Mills Mosley O'Neal Orrock Parham Fairish Parsons Pelote Perry Pinholster Poag Polak Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Scarlett gcheid su Q. . ^ahan fhaw fhipp Suns Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teper Thomas Tilhnan Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L West Westmoreland Whitaker ,17., wfflLn. B ^iS"TM'2 Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Sherrill of the 62nd, Smith of the 169th, Sauder of the 29th, Jamieson of the 22nd, Teague of the 58th, Mobley of the 69th, Lucas of the 124th, Hanner of the 159th, Davis of the 60th, Barfoot of the 155th, Sinkfield of the 57th, Carter of the 166th, McClinton of the 68th, Mueller of the 152nd, Smyre of the 136th, Irvin of the 45th, Holmes of the 53rd, Williams of the 83rd and Jenkins of the 110th. They wish to be recorded as present. Prayer was offered by the Reverend Jimmy Gibson, Pastor, Thankful Baptist Church, Decatur, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. FRIDAY, JANUARY 17, 1997 121 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 introduced, read the first time and referred to the committees: HB 189. By Representative Jones of the 71st: A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to provide for the arbitration of disputes between builders and purchasers of certain residences. Referred to the Committee on Industry. HB 190. By Representatives Jamieson of the 22nd, Twiggs of the 8th and Tolbert of the 25th: A bill 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 employment of at least one full-time peace officer as a condition of receiving a speed detection device permit. Referred to the Committee on Public Safety. HB 191. By Representatives Ray of the 128th and Hudson of the 156th: 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 provide for the regulation and licensure of alarm systems monitoring contractors under the Division of Low-voltage Contractors. Referred to the Committee on Industry. HB 192. By Representative Jones of the 71st: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the registration of general contractors. Referred to the Committee on Industry. 122 JOURNAL OF THE HOUSE, HB 193. By Representative Johnson of the 84th: A bill to amend Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or malicious acts of a minor child or children, so as to provide for liability for the willful or malicious acts of a minor child or children resulting in personal injury to another person. Referred to the Committee on Judiciary. HB 194. By Representative Purcell of the 147th: A bill to provide a new charter for the City of Rincon. Referred to the Committee on State Planning & Community Affairs - Local. HB 195. By Representative Buckner of the 95th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for transfer of information provided to school superintendents regarding certain adjudications of delinquency, probations, and adjudicatory proceedings. Referred to the Committee on Judiciary. HB 196. By Representative Skipper of the 137th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to aircraft used primarily for agricultural purposes. Referred to the Committee on Ways & Means. HB 197. By Representatives Sherrill of the 62nd and Smith of the 175th: A bill to amend Chapter 31 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Suggestion System Act," so as to provide for nominations of state employees and awards for such nominees in certain circumstances. Referred to the Committee on State Planning & Community Affairs. HB 198, By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th, Coleman of the 80th, Baker of the 70th and others: 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 in the Teachers Retirement System of Georgia, so as to provide for creditable service for forfeited annual and sick leave for certain members of such retirement system. Referred to the Committee on Retirement. HB 199. By Representatives McBee of the 88th, Cummings of the 27th, Coleman of the 80th, Baker of the 70th, Taylor of the 134th and others: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to provide that members of such system may retire with 27 years of creditable service without penalty. Referred to the Committee on Retirement. FRIDAY, JANUARY 17, 1997 123 HB 200. By Representatives McBee of the 88th, Cummings of the 27th, Coleman of the 80th, Taylor of the 134th, Culbreth of the 132nd and others: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service and who ceases to be employed in a position which makes him or her eligible for such membership may nevertheless continue active membership in such retirement system. Referred to the Committee on Retirement. HB 201. By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th, Coleman of the 80th, Taylor of the 134th and others: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to reduce the penalty for early retirement. Referred to the Committee on Retirement. HB 202. By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th, Coleman of the 80th, Culbreth of the 132nd and others: 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 in the Teachers Retirement System of Georgia, so as to provide for creditable service for forfeited annual and sick leave. Referred to the Committee on Retirement. HB 203. By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th, Coleman of the 80th, Baker of the 70th and others: 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 in the Teachers Retirement System of Georgia, so as to provide for creditable service for forfeited annual and sick leave. Referred to the Committee on Retirement. HB 204. 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, 1997 and ending June 30, 1998. Referred to the Committee on Appropriations. HB 205. By Representatives Powell of the 23rd, Parham of the 122nd, Walker of the 141st, Lee of the 94th, Buck of the 135th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to provide that license plates and revalidation decals shall be issued to vehicle owners instead of assigned to vehicles. Referred to the Committee on Motor Vehicles. 124 JOURNAL OF THE HOUSE, HB 206. By Representatives Martin of the 47th, Coleman of the 142nd, Baker of the 70th, Crawford of the 129th and Stanley of the 50th: A bill to amend Chapter 8 of Title 49 of the Official Code of Georgia Annotated, known as "The Economic Rehabilitation Act of 1975," so as to change the purposes of said chapter; to change the definition of a certain term; to change certain provisions relating to the duties of the director; to provide that moneys appropriated for economic rehabilitation and distributed by means of contracts with community action agencies shall continue to include the Community Services Block Grant. Referred to the Committee on Appropriations. HB 207. By Representatives Bates of the 179th, Golden of the 177th, Barfoot of the 155th and Lane of the 146th: A bill to amend Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates, so as to provide for the nonpartisan election of county officers if authorized by county ordinance or resolution. Referred to the Committee on Governmental Affairs. HB 208. By Representatives Orrock of the 56th, Royal of the 164th and Walker of the 141st: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, so as to change the definition of "municipality"; to provide for the method of selecting mayoral members of a commission in the event the mayors of municipalities within a county fail to designate one of their number as a member. Referred to the Committee on State Planning & Community Affairs. HB 209. By Representatives Johnston of the 81st, Lakly of the 105th and Irvin of the 45th: A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to require local school systems to post the professional qualifications of each teacher. Referred to the Committee on Education. HB 210. By Representatives Johnston of the 81st, Lakly of the 105th, Irvin of the 45th and Evans of the 28th: A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, 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. FRIDAY, JANUARY 17, 1997 125 HB 211. By Representatives Grindley of the 35th, Randall of the 127th, Jenkins of the 110th, Davis of the 60th, Crews of the 78th and others: A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to authorize the court to require that a person convicted of a first offense of aggravated child molestation when the victim is 14 years of age or younger at the time of the offense undergo medroxyprogesterone acetate treatment or its chemical equivalent as a condition of eligibility for probation. Referred to the Committee on Special Judiciary. HB 212. By Representatives DeLoach of the 172nd, Tillman of the 173rd, Barnard of the 154th, Smith of the 175th and Scarlett of the 174th: A bill to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide that only certain persons shall be issued a crabbing license before July 1, 1998; to provide that it shall be unlawful for a person to employ more than 300 crab traps. Referred to the Committee on Game, Fish & Parks. HB 213. By Representatives Coleman of the 142nd, Greene of the 158th and Smith of the 12th: A bill to provide for the Department of Labor a supplemental appropriation for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law". Referred to the Committee on Appropriations. HB 214. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Poag of the 6th, Heckstall of the 55th and others: A bill to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, so as to provide that the State School Superintendent shall prepare for the use of the public schools of this state a program of instruction in the correct use and display of the flag of the United States of America. Referred to the Committee on Defense & Veterans Affairs. HB 215. By Representatives Connell of the 115th and Williams of the 114th: A bill to amend an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members," so as to provide that membership of boards, commissions, committees, panels, authorities, or other entities shall be appointed by such governing authority without the recommendation of the Richmond County delegation to the General Assembly. Referred to the Committee on State Planning & Community Affairs - Local. HB 216. By Representatives Connell of the 115th and Williams of the 114th: A bill to amend an Act creating the Augusta-Richmond County Coliseum Authority, so as to provide for appointment of members. Referred to the Committee on State Planning & Community Affairs - Local. 126 JOURNAL OF THE HOUSE, HR 78. By Representatives Johnston of the 81st and Lakly of the 105th: A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission. Referred to the Committee on Rules. HR 79. By Representatives Bannister of the 77th and Davis of the 60th: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 81. By Representatives Stancil of the 16th, Davis of the 60th, Walker of the 87th, Brown of the 130th, Johnston of the 81st and others: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 82. By Representatives Dixon of the 168th and Smith of the 169th: A resolution creating the Waycross-Ware County Charter and Unification Study Committee. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 3 HB 6 HB 7 HB 13 HB 18 HB 19 HB 158 HB 159 HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HB 180 UD 1 01 rHiD H 1I&6A3 FID 1D4 HB 165 HB 166 HB 167 HB 168 HB 169 HB 170 HB 171 HB 172 HB 173 HB T_I"Q 11Q85C TTT> 1 QC If JJZ ! HK 4B HR 49 HR 50 HR 51 HR 52 HR 53 The following Resolutions of the House were read and referred to the Committee on Rules: FRIDAY, JANUARY 17, 1997 127 HR 80. By Representative Stancil of the 91st: 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. HR 104. By Representatives Teague of the 58th, Randall of the 127th, Dukes of the 161st, Tillman of the 173rd, Smyre of the 136th and others: A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day" and inviting the Georgia Summit of African-American Business Organizations to appear before the House of Representatives. Representative Jones of the 71st arose to a point of personal privilege and addressed the House. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 119. By Representatives Buck of the 135th, Murphy of the 18th, Walker of the 141st, Dixon of the 168th, Hanner of the 159th and others: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Barnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 EDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht NHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Hudgens Y Hudson, H Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce NKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall McClinton Y McKinney YMills N Mobley Y Mosley Y Mueller Y O'Neal YOrrock Parham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Y Randall Ray Y Reaves Y Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y SherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T E Smith, V Smyre Y Smelling YSnow YStallings Y Stancil, F 128 JOURNAL OF THE HOUSE, YStancil, S Y Stanley, L Y Stanley, P YTaylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense N Tumquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles N Williams, B Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 159, nays 7. The Bill, having received the requisite constitutional majority, was passed. The Speaker announced the House in recess until 11:00 o'clock this morning. The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 15 having arrived, the Senate 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 Walker of the 22nd 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. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 123. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th: 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 O.C.G.A., and in Acts of the General Assembly amending the O.C.G.A. The report of the Committee, which was favorable to the 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 Bannister YBarfoot Y Barnard Y Barnes Y Bates YBenefield Y Birdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dir Dmm, H Y Diion, S E Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom Y Henson Y Holland FRIDAY, JANUARY 17, 1997 129 Y Holmes Y Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y PurceU YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan 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 126. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delinquent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, so as to provide that following initial reviews, additional periodic reviews shall be held at six-month intervals. The report of the Committee, which was favorable to the 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 Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dixon, S EDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd Y Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag Y Polak Y Ponder Porter Y Powell Y PurceU YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W 130 JOURNAL OF THE HOUSE, Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T E Smith, V Y Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the vote of Representative Jenkins of the 110th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 83. By Representatives Stanley of the 49th, Stanley of the 50th, Murphy of the 18th, Cummings of the 27th, Williams of the 63rd and others: A resolution expressing sympathy to the family of Ennis Cosby. HR 84. By Representatives Bunn of the 74th, Jones of the 71st and O'Neal of the 75th: A resolution commending James M. Blaylock. HR 85. By Representatives Stanley of the 50th and Stanley of the 49th: A resolution congratulating Mrs. Ethel Frances Stanley on the event of her 80th birthday. HR 86. By Representatives Shaw of the 176th, Reaves of the 178th and Golden of the 177th: A resolution recognizing and commending Kristina Twitty. HR 87. By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th: A resolution recognizing and commending Peter Dale. HR 88. By Representative Snow of the 2nd: A resolution commending Kenny Wood. HR 89. By Representative Floyd of the 138th: A resolution commending the Hawkinsville Civitan Club and the "Shoot the Bull" Georgia National Beef Barbecue Championship. HR 90. By Representative Murphy of the 18th: A resolution recognizing and commending Jason Estep. HR 91. By Representative Roberts of the 162nd: A resolution commending Heidi Beamon. FRIDAY, JANUARY 17, 1997 131 HR 92. By Representative Smyre of the 136th: A resolution commending Kelly Warburton. HR 93. By Representative Stancil of the 91st: A resolution recognizing and commending Pamela Hughes. HR 94. By Representative Stancil of the 91st: A resolution recognizing and commending Julie Mills. HR 95. By Representative Stancil of the 91st: A resolution recognizing and commending Kristy Malcolm. HR 96. By Representative Jamieson of the 22nd: A resolution commending Alefia Ebrahimji. HR 97. By Representative Jamieson of the 22nd: A resolution commending Crystal McFarlin. HR 98. By Representative Birdsong of the 123rd: A resolution commending Abmad Thorpe. HR 99. By Representative Smith of the 109th: A resolution commending Michael Owens. HR 100. By Representative Royal of the 164th: A resolution recognizing and commending Mary Davis. HR 101. By Representative Hudson of the 156th: A resolution commending Marcus Sparrow. HR 102. By Representatives Bradford of the 30th and Murphy of the 18th: A resolution recognizing Natasha Bradford on the occasion of her birthday. HR 103. By Representatives Orrock of the 56th, Felton of the 43rd, Buckner of the 95th, Ashe of the 46th, Henson of the 65th and others: A resolution honoring the achievements of Kathleen Carlin and expressing condolences on her death. Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 27, 1997. 132 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, January 27, 1997 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 Bailey Baker Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buckner Bunn Burkhalter Byrd Campbell Canty Carter Cash Channel! Childers Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth Cummings Davis, G Davis, M Day DeLoach, B DeLoach, G Dii Diion, H Dobbs Dukes Ehrhart Kpps Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin Heard Hecbt Hegstrom Henson Holland Howard Hudgens Hudson, H Hudson, N Hugley Jackson James Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddoi Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Mills Mobley Mosley Mueller O'Neal Orrock Par ham Parrish Parsons Pelote Pinholster Ponder Powell Purcell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Sherrill Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smyre Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teper Thomas Tfflman Titus Trense Turnquest Twiggs Walker, L Walker, R.L West Westmoreland Whitaker Wiles Williams, B Williams, J Williams, R Worthan Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Smith of the 102nd, Ashe of the 46th, Hanner of the 159th, Heckstall of the 55th, Evans of the 28th, Irvin of the 45th, Holmes of the 53rd, Polak of the 67th, Alien of the 117th, Teague of the 58th, Poag of the 6th, Perry of the llth, Porter of the 143rd, Jamieson of the 22nd, Bordeaux of the 151st, Tolbert of the 25th and Jenkins of the 110th. They wish to be recorded as present. Prayer was offered by the Reverend Jeffrey D. Rollins, Pastor, Springfield First Baptist Church, Springfield, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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 27, 1997 133 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 introduced, read the first time and referred to the committees: HB 29. By Representatives Coleman of the 80th, Barnes of the 33rd, Westmoreland of the 104th, Kaye of the 37th, Johnson of the 84th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting of applicants for drivers' licenses and certain identification cards and require the destruction of fingerprints obtained. Referred to the Committee on Motor Vehicles. HB 217. By Representatives Royal of the 164th, Bates of the 179th and Stancil of the 16th: A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to provide that certain provisions authorizing local annexation or deannexation shall not affect the authority of the General Assembly to annex or deannex by local Act. Referred to the Committee on State Planning & Community Affairs. HB 218. By Representative Teper of the 61st: A bill to be known as the "Republican United States House of Representatives Speaker Newt Gingrich Act"; to repeal Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, campaign contributions, contributions to candidates, financial disclosure, and public officials conduct and lobbyist disclosure; to repeal Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest. Referred to the Committee on Rules. HB 219. 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 activated waste management authorities may deactivate the same by ordinance or resolution. Referred to the Committee on Natural Resources & Environment. 134 JOURNAL OF THE HOUSE, HB 220. By Representatives Smith of the 109th, Maddox of the 72nd and Ragas of the 64th: A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to equipment on school buses, generally, so as to provide that school buses shall be equipped with passenger seat belts. Referred to the Committee on Motor Vehicles. HB 221. By Representatives Pinholster of the 15th and Barnes of the 33rd: A bill to amend Code Section 48-7-128 of the Official Code of Georgia Annotated, relating to withholding tax on sale or transfer of certain property by nonresidents, so as to provide for an exception to such requirement. Referred to the Committee on Ways & Means. HB 222. 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 223. By Representatives Purcell of the 147th, Cummings of the 27th, Shanahan of the 10th, McBee of the 88th and Baker of the 70th: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment and for a definition relative thereto. Referred to the Committee on Retirement. HB 224. By Representatives Henson of the 65th, Ragas of the 64th, Hegstrom of the 66th, Williams of the 63rd, Mobley of the 69th and others: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to provide that certain contracts may not be entered into without the express permission of the General Assembly. Referred to the Committee on State Planning & Community Affairs. HB 225. By Representatives Davis of the 48th, McKinney of the 51st and Teague of the 58th: A bill to amend an Act creating a State Court of Fulton County, so as to change the provisions relating to the selection of and eligibility for chief judge. Referred to the Committee on State Planning & Community Affairs - Local. HB 226. By Representative Buckner of the 95th: A bill to amend Code Section 20-2-140 of the Official Code of Georgia Annotated, relating to competencies and a uniformly sequenced core curriculum established by the State Board of Education, so as to provide that the curriculum adopted by each local board of education shall include the teaching of the concepts that are representative of the standardized student assessments required by law. Referred to the Committee on Education. MONDAY, JANUARY 27, 1997 135 HB 227. By Representative Buckner of the 95th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to change the penalty provisions for violations of Code Section 3-3-23. Referred to the Committee on Regulated Beverages. HB 228. By Representative Lane of the 146th: A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of the proceeds of the special purpose local option sales and use tax, so as 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. Referred to the Committee on Ways & Means. HB 229. By Representative Buckner of the 95th: A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for annual review of child custody awards. Referred to the Committee on Judiciary. HB 230. By Representatives Jamieson of the 22nd, Smith of the 109th, Coleman of the 142nd, Parham of the 122nd, Porter of the 143rd and others: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit certain false statements in connection with certain campaign activities. Referred to the Committee on Rules. HB 231. By Representative Buckner of the 95th: A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the court's consideration of the opinion and desire of a child of ten but less than 14 regarding custody of the child. Referred to the Committee on Judiciary. HB 232. By Representatives Felton of the 43rd, Royal of the 164th, Buck of the 135th, Culbreth of the 132nd and Trense of the 44th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation, 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. 136 JOURNAL OF THE HOUSE, HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older. Referred to the Committee on Insurance. HB 234. By Representatives Bates of the 179th and Ponder of the 160th: A bill to repeal an Act creating a Small Claims Court in Decatur County (later renamed the Magistrate Court); to provide for the nonpartisan nomination and election of the chief magistrate of Decatur County. Referred to the Committee on State Planning & Community Affairs - Local. HB 235. By Representatives Heard of the 89th, Hugley of the 133rd and McBee of the 88th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to authorize the formation and operation of health plan purchasing cooperatives. Referred to the Committee on Insurance. HB 236. By Representatives Ashe of the 46th, McKinney of the 51st, Mobley of the 69th, Martin of the 47th, Orrock of the 56th and others: A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to authorize certain public agencies, public bodies corporate, public corporations, and public authorities to provide transit services or transit facilities by contract to counties, municipalities, or political subdivisions. Referred to the Committee on Transportation. HB 237. By Representative Smith of the 175th: A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide that, by action of the State Board of Education, each local school system shall reimburse the state the cost of providing postsecondary remedial instruction for any student who graduated from a public school within such local school system. Referred to the Committee on Education. HB 238. By Representatives Henson of the 65th, Jones of the 71st, Martin of the 47th, Walker of the 87th and Hudson of the 120th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to provide for the issuance of a license in lieu of a certificate to a physician's assistant upon approval by the Composite State Board of Medical Examiners of an application for utilization; to make conforming amendments to other provisions in said chapter. Referred to the Committee on Health & Ecology. MONDAY, JANUARY 27, 1997 137 HB 239. By Representatives James of the 140th, Tillman of the 173rd and Stallings of the 100th: 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 Public Safety. HB 240. By Representatives Crews of the 78th, Lee of the 94th, Mills of the 21st, Mueller of the 152nd, Byrd of the 170th and others: A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abortion method. January 27, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 240. This notice is made prior to or upon reading the bill the first time. /s/ Ron Crews Representative 78th District Referred to the Committee on Judiciary. HB 241. By Representatives Smyre of the 136th, Skipper of the 137th, Buck of the 135th, Harbin of the 113th and Day of the 153rd: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the distributive share of a nonresident member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income. Referred to the Committee on Ways & Means. HB 242. By Representatives Reichert of the 126th, Walker of the 141st and Martin of the 47th: A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for motor vehicle drivers' licenses, so as to provide for payment of license fees by cash or check. Referred to the Committee on Motor Vehicles. HB 243. By Representative Jamieson of the 22nd: 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 eliminate certain restrictions and limitations with respect to the reemployment of retired members. Referred to the Committee on Retirement. 138 JOURNAL OF THE HOUSE, HB 244. By Representative Smith of the 175th: 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 grants for lengthening the school year and the conditions and procedures relating thereto. Referred to the Committee on Education. HB 245. By Representatives Baker of the 70th, Campbell of the 42nd and Reichert of the 126th: A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, so as to change a provision relating to the effect of a decree of adoption; to renumber such provision; to change a provision relating to inheritance of a child born out of wedlock through the child's father. Referred to the Committee on Judiciary. HB 246. By Representatives Murphy of the 18th and Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change provisions relating to ballot labels for voting machines; to eliminate the maximum limit upon the number of words in each question to be voted on. Referred to the Committee on Governmental Affairs. HR 105. By Representative Floyd of the 138th: 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 106. By Representative Purcell of the 147th: A resolution designating the Veterans Memorial Parkway. Referred to the Committee on Transportation. HR 108. By Representatives Ladd of the 59th and Walker of the 87th: A resolution proposing an amendment to the Constitution so as to provide that motor vehicles shall only be subject to ad valorem taxation to the extent provided by the General Assembly by general law. Referred to the Committee on Ways & Means. 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: MONDAY, JANUARY 27, 1997 139 HB 287. By Representatives Lucas of the 124th, Sherrill of the 62nd, Williams of the 63rd, Trense of the 44th, Smith of the 102nd and others: 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 facilities" and to include assisted living facilities - Level I and assisted living facilities - 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. Referred to the Committee on Human Relations & Aging. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 189 HB 190 HB 191 HB 192 HB 193 HB 194 HB 195 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201 HB 202 HB 203 HB 204 HB 205 HB 206 HB 207 HB 208 HB 209 HB 210 HB 211 HB 212 HB 213 HB 214 HB 215 HB 216 HR 78 HR 79 HR 81 HR 82 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 148 Do Pass HB 149 Do Pass Respectfully submitted, M Hanner of the 159th Chairman The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: 140 JOURNAL OF THE HOUSE, The Senate has passed by the requisite constitutional majority the following bill of the House: HB 61. By Representatives Teper of the 61st, Ladd of the 59th, Baker of the 70th and others: A bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 15. By Senators Taylor of the 12th, Brown of the 26th, Oliver of the 42nd and others: A bill to provide that persons who are convicted of rape and aggravated sodomy shall serve minimum terms of imprisonment which shall not be suspended, probated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence reducing measures to persons convicted of these serious offenses; to provide for legislative findings. By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee: SB 15. By Senators Taylor of the 12th, Brown of the 26th, Oliver of the 42nd and others: A bill to provide that persons who are convicted of rape and aggravated sodomy shall serve minimum terms of imprisonment which shall not be suspended, probated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence reducing measures to persons convicted of these serious offenses. Referred to the Committee on Special Judiciary. Representative Joyce of the 1st 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. The following Resolutions of the House were read and referred to the Committee on Rules: HR 107. By Representative Floyd of the 138th: A resolution commending the Crisp Academy literary team and inviting the team and its teacher to appear before the House of Representatives. HR 109. By Representatives Murphy of the 18th, McBee of the 88th, Heard of the 89th, Lee of the 94th and Connell of the 115th: A resolution commending S. E. (Gene) Younts and inviting him to appear before the House of Representatives. MONDAY, JANUARY 27, 1997 141 HR 110. By Representative Reaves of the 178th: A resolution recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives. HR 116. By Representatives Williams of the 63rd, Murphy of the 18th, Orrock of the 56th, Mueller of the 152nd, Trense of the 44th and others: A resolution recognizing February 6, 1997, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives. HR 117. By Representatives McCall of the 90th and Powell of the 23rd: A resolution commending Dario F. Rossi and inviting him to appear before the House of Representatives. HR 132. By Representatives Ladd of the 59th, Davis of the 60th, Teper of the 61st, Williams of the 63rd, Maddox of the 72nd and others: A resolution inviting the coaches and players of the Dunwoody High School Lady Wildcats softball team to appear before the House of Representatives. Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 34 Do Pass HR 107 Do Pass HR 109 Do Pass Respectfully submitted, M Lee of the 94th Chairman The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 34. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending the Georgia Junior Miss Scholarship Program; congratulating Georgia's Junior Miss for 1997, Miss Kreslyn Barren Odum, and inviting her to appear before the House of Representatives. HR 107. By Representative Floyd of the 138th: A resolution commending the Crisp Academy literary team and inviting the team and its teacher to appear before the House of Representatives. HR 109. By Representatives Murphy of the 18th, McBee of the 88th, Heard of the 89th, Lee of the 94th and Connell of the 115th: A resolution commending S. E. (Gene) Younts and inviting him to appear before the House of Representatives. 142 JOURNAL OF THE HOUSE, Representative Channell of the lllth arose to a point of personal privilege and addressed the House. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 171. By Representatives Dixon of the 168th and Epps of the 131st: A bill to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Administrative Procedure Act," so as to redefine the term "agency" as it relates to the Department of Revenue. The report of the Committee, which was favorable to the 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 N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefleld Y Birdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown EBuck Buckner N Bunn Y Burkhalter Byrd Y Campbell Y Canty Y Carter YCash Y Channell Y Guilders Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawtord Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves YGreene N Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas TUbnan Y Titus Tolbert YTrense Tumquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan EYates Murphy, Spkr On the passage of the Bill, the ayes were 159, nays 6. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 171 was ordered immediately transmitted to the Senate. HB 188. By Representatives Royal of the 164th, Murphy of the 18th, Connell of the 115th, Bates of the 179th and Shanahan of the 10th: A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change provisions relating to effective dates of Acts affecting local revenues or expenditures; to specify what types of Acts shall be subject to such requirements. MONDAY, JANUARY 27, 1997 143 The following substitute, offered by Representatives Royal of the 164th and Connell of the 115th, was read and adopted: A BILL To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change provisions relating to effective dates of Acts affecting local revenues or expenditures; to specify what types of Acts shall be subject to such requirements; to amend Code Section 28-1-14 of the Official Code of Georgia Annotated, relating to notice of intention to introduce local bills, so as to change the notice requirements relating to local bills 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; 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 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by striking Code Section 1-3-4.1, relating to effective dates of Acts affecting local revenues or expenditures, and inserting in its place a new Code section to read as follows: "1-3-4.1. (a) It is the intent and purpose of this Code section to recognize that an effective budget process is essential to the proper functioning of county and municipal governments in Georgia and, furthermore, to recognize that Acts of the General Assembly should not disrupt that process by requiring counties and municipalities to incur additional expenses er experience teas ef revenue in the middle of a budget year. (b) No Act providing for an increase t expenditures by or less of revenue te counties er municipalities of Georgia of any of the types specified in this subsection shall be effective until the first day of January following passage of the Act. This requirement shall apply with respect to any Act which: (1) Requires that a county or municipality create one or more new personnel tositions the cost of which will be paid from county or municipal funds; (2) Requires an increase in the salary, employment benefits, or other compensation of one or more personnel positions the cost of which will be paid from county or municipal funds; or (3) Requires any capital expenditure which will be paid from county or municipal funds. (c) This Code section shall not apply with respect to Acts affecting local school systems. (d) This Code section shall not apply with respect to a local Act when passage of the Act with an earlier effective date has been requested by the governing authority of the affected county or municipality and such request is evidenced by attachment of the request to the Act as provided for in paragraph (3) of subsection (b) of Code Section 28-1-14. (e) Any local Act which contains a stated effective date in violation of the requirements of this Code section as presently or formerly amended shall not be invalid. Any local Act becoming law before or after the effective date of this Code section, which local Act contains an effective date in violation of the requirements of this Code section as presently amended, shall become effective on the first day of January following its enactment. Any local Act becoming law prior to the effective date of this Code section, which local Act at the time of its becoming law contained an effective date in violation of the former requirements of this Code section but not in violation of the current requirements of this Code section, shall become effective on the later of the effective date specified in such Act or the effective date of this Code section." 144 JOURNAL OF THE HOUSE, SECTION 2. Code Section 28-1-14 of the Official Code of Georgia Annotated, relating to notice of intention to introduce local bills, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(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 e* otherwise relating te 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 governing 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 or during the seven days immediately following the date of publication of such notice. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the county, municipality, or consolidated 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 subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. For purposes of this subsection, the copy of the notice provided to such governing authority may consist of an actual or photostatic copy of the published notice or a typed restatement of the contents of such notice. (2) An affidavit stating that such notice has been provided as required by this subsection 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 i th event awefe to a local bill: (A) Which has been requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government. A copy of such resolution or other written notification shall be attached to the bill and shall become a part of the bilfcj (B) Proposing (4) Thia subsection shall net apply te ft local bill proposing an annexation which is subject to the notice requirements of Code Section 36-86-67; or (C) Affecting any local school system. (4) Any local Act which, prior to the effective date of this Act, was in violation of the requirements of the subsection shall not be invalid." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was 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 Barnard Y Barnea Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown E Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton MONDAY, JANUARY 27, 1997 145 Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Harbin Y Heard YHecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton N McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y PeloU Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan E Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 188 was ordered immediately transmitted to the Senate. HB 93. By Representatives Buck of the 135th, Walker of the 141st, Lee of the 94th, Murphy of the 18th and Coleman of the 142nd: A bill to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, so as to provide for additional licensing authority of the state revenue commissioner; to authorize any farm winery to sell its wines and to make sales of alcoholic beverages for consumption on the premises at certain facilities located at or on property contiguous to the farm winery. The following substitute, offered by Representative Jamieson of the 22nd, was read and adopted: A BILL To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, so as to provide for additional licensing authority of the state revenue commissioner; to authorize any farm winery to sell its wines and to make sales of alcoholic beverages for consumption on the premises at certain facilities located at or on property contiguous to the farm winery; to provide for definitions; to provide for conditions and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, is amended by adding a 146 JOURNAL OF THE HOUSE, new Code section immediately following Code Section 3-6-21.2, to be designated Code Section 3-6-21.3, to read as follows: "3-6-21.3. (a) As used in this Code section, the term: (1) 'Affiliate' means any person controlling, controlled by, or under common control with the farm winery. (2) 'Farm winery' means a farm winery as defined in Code Section 3-6-21.1, as amended. (b)(l) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery. (2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by such licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon YAshe Y Bailey Y Baker N Bannister YBarfoot N Barnard YBarnes Y Bates YBenefield Y Birdsong YBohannon Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown E Buck YBuckner NBunn YBurkhalter Byrd Y Campbell Canty Y Carter N Cash Y Channell YChilders Y Clark Y Coan YColeman, B Y Coleman, T Y Connell Y Cooper YCrawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps N Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley N Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce N Kaye Y Ladd N Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert N Rice Y Richardson Y Roberta Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y SherrUl Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V MONDAY, JANUARY 27, 1997 147 YSmyre YSnelling YSnow Y Stallings YStancil, F Y Stancil, S Y Stanley, L Y Stanley, P YTaylor Y Teague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y West N Westmoreland Y Whitaker N Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan E Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 151, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute. By unanimous consent, HB 93 was ordered immediately transmitted to the Senate. The following Resolutions of the House were read and adopted: HR 118. By Representative Smith of the 175th: A resolution commending Virginia Allison Proctor. HR 119. By Representative Manning of the 32nd: A resolution recognizing and commending Honorable Ansley L. Meaders. HR 120. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Mr. Lewis Harden. HR 121. By Representative Purcell of the 147th: A resolution commending Mr. H. C. "Mose" Mock, Jr., for being named the Ogeechee Soil and Water Conservation District's 1996 Conservationist of the Year. HR 122. By Representative Purcell of the 147th: A resolution commending Sheriff Van Findley. HR 123. By Representative Purcell of the 147th: A resolution commending the Clyo Methodist Church. HR 124. By Representatives Byrd of the 170th and Mosley of the 171st: A resolution commending Beauman Dick. HR 125. By Representative McCall of the 90th: A resolution commending the importance of the arts to the State of Georgia; commending the Georgia Citizens for the Arts. HR 126. By Representatives Titus of the 180th, Bates of the 179th, Royal of the 164th and Reaves of the 178th: A resolution commending the 1996 Thomas County Central High School football team. 148 JOURNAL OF THE HOUSE, HR 127. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th: A resolution commending Jean W. Morgan. HR 128. By Representatives Mann of the 5th and Hammontree of the 4th: A resolution recognizing and commending Collins & Aikman Floor Coverings, Inc. HR 129. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Murphy of the 18th and Hecht of the 97th: A resolution recognizing and commending Dr. Nancy Barr. HR 130. By Representatives Channell of the lllth, Childers of the 13th, Parham of the 122nd, West of the 101st, Parrish of the 144th and others: A resolution expressing condolences to the family of Marian "Paige" Roper TenBrook. HR 131. By Representatives Hecht of the 97th, Parham of the 122nd, Benefield of the 96th, Bailey of the 93rd, Lee of the 94th and others: A resolution recognizing and congratulating the workers and management at the Hapeville, Georgia, Ford Assembly Plant for producing the Number 1 selling car in America for the fifth straight year. Representative Reaves of the 178th District, Chairman of the Committee on Agriculture & 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 127 Do Pass HB 130 Do Pass HB 182 Do Pass Respectfully submitted, /s/ Reaves of the 178th Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 245 Do Pass Respectfully submitted, /s/ Martin of the 47th Chairman MONDAY, JANUARY 27, 1997 149 Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 39 Do Pass, by Substitute HR 47 Do Pass HR 66 Do Pass HR 67 Do Pass HR 80 Do Pass HR 110 Do Pass HR 116 Do Pass HR 117 Do Pass HR 132 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 150 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, January 28, 1997 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 Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buckner Bunn Byrd Carter Cash Childers X Coleman,B Connell Cooper Crawford Crews Culbreth Cummings Da , M DeLoach, B DeLoach, G Dii Dixon, H Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin Heard Hn Holland Howard Hudgens Hudson, N Hugley Irvin Jackson James Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddoi Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton JJcKmney MSey Mosley Mueller O'Neal Orrock Parham Parsons Pelote Perry Pinholster Polak Ponder Powell Puicell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott """ f,haw sluPP Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Stancil, S Taylor Teague Teper Thomas TUlman Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L Westmoreland ~er ^iles _ Williams, B WUhams, R Worthan Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Jenkins of the 110th, Sherrill of the 62nd, Hanner of the 159th, Lucas of the 124th, Canty of the 52nd, Heckstall of the 55th, Jamieson of the 22nd, Poag of the 6th, Sinkfield of the 57th, Hegstrom of the 66th, Campbell of the 42nd, Parrish of the 144th, Burkhalter of the 41st, Jones of the 71st, Bordeaux of the 151st, Porter of the 143rd, Stanley of the 50th, Stanley of the 49th, Williams of the 83rd, Hudson of the 120th and Smyre of the 136th. They wish to be recorded as present. Representative West of the 101st was excused today due to illness. Representative Channell of the lllth was excused today due to a funeral in his district. Prayer was offered by the Reverend Al Turnell, Pastor, First Baptist Church, Dalton, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. TUESDAY, JANUARY 28, 1997 151 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 introduced, read the first time and referred to the committees: HB 9. By Representatives Kaye of the 37th, Smith of the 102nd, Yates of the 106th, Sanders of the 107th and Westmoreland of the 104th: 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. January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 9. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Ways & Means. HB 12. By Representative Kaye of the 37th: 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 a sentence of death shall be carried out by electrocution unless, prior to the date of execution, a court of competent jurisdiction declares death by electrocution to be illegal or in violation of the Constitution of the United States or the Constitution of the State of Georgia. Mr. Clerk: January 28, 1997 152 JOURNAL OF THE HOUSE, Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 12. This notice is made prior to or upon reading the bill the first time. M Kaye Representative 37th District Referred to the Committee on Special Judiciary. HB 20. By Representatives Sauder of the 29th, Barnes of the 33rd, Shanahan of the 10th, Harbin of the 113th and Ehrhart of the 36th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit the operation of motor vehicles by certain persons under 18 years of age between certain hours; to provide for exceptions; to provide for penalties; to provide for driver's license suspensions; to provide a short title. Referred to the Committee on Motor Vehicles. HB 247. By Representative Burkhalter of the 41st: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to delete certain provisions requiring fingerprints and prohibit obtaining fingerprints. Referred to the Committee on Motor Vehicles. HB 248. By Representative Burkhalter of the 41st: A bill to amend Code Section 16-7-42 of the Official Code of Georgia Annotated, relating to definitions regarding littering, so as to include cigarette butts as litter. Referred to the Committee on Special Judiciary. HB 249. By Representative Campbell of the 42nd: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to the issuance, return, and recording of marriage licenses, so as to authorize federal judges to perform marriage ceremonies. Referred to the Committee on Judiciary. HB 250. By Representative Parham of the 122nd: A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to change certain provisions relating to powers of local governing authorities as to alcoholic beverage licensing; to change certain provisions relating to furnishing alcoholic beverages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification. Referred to the Committee on Regulated Beverages. HB 251. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide that no action for trespass upon or damage to realty shall be brought after ten years from the date the cause of action accrues; to provide that the cause of action accrues when the trespass or damage to realty occurs or when it is discovered or should have been discovered. Referred to the Committee on Judiciary. TUESDAY, JANUARY 28, 1997 153 HB 252. By Representatives Sherrill of the 62nd, Davis of the 60th, O'Neal of the 75th, Maddox of the 72nd, Ladd of the 59th and others: A bill to provide a homestead exemption from City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from all City of Chamblee ad valorem taxes for city purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 253. By Representative Campbell of the 42nd: A bill to amend Code Section 15-12-3 of the Official Code of Georgia Annotated, relating to term of service on a jury, so as to limit the requirement of jury service to no more than once in any five-year period. Referred to the Committee on Judiciary. HB 254. By Representative Barnes of the 33rd: A bill to amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and disability benefits under the Trial Judges and Solicitors Retirement Fund, so as to increase the retirement benefit. Referred to the Committee on Retirement. HB 255. 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 brokerage 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. HB 256. By Representative Barnes of the 33rd: A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits coverage under the Trial Judges and Solicitors Retirement Fund, so as to provide that a member may reject such coverage and cease making such payments at any time. Referred to the Committee on Retirement. HB 257. By Representatives Thomas of the 148th and Smith of the 12th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of talent agencies; to define certain terms; to provide for administration by the jointsecretary of the state examining boards; to provide for licensing requirements; to provide for denial of licenses, revocation of licenses, and other sanctions for unauthorized or prohibited activities by persons in connection with the talent agency business. Referred to the Committee on Industry. 154 JOURNAL OF THE HOUSE, HB 258. By Representative Barnes of the 33rd: 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 provide that procedure for indictment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felonies; to provide that a prosecution shall not proceed in either the state or superior court without a grand jury indictment. Referred to the Committee on Special Judiciary. HB 259. By Representatives Stancil of the 16th and Royal of the 164th: A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to change certain provisions regarding notice by municipal governing authorities to county governing authorities of proposed annexations. Referred to the Committee on State Planning & Community Affairs. HB 260. By Representatives Holmes of the 53rd, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Ponder of the 160th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for conducting the 1998 November general election by mail in pilot counties; to provide for a maximum number of such pilot counties. January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 260. This notice is made prior to or upon reading the bill the first time. Is/ Kaye Representative 37th District Referred to the Committee on Governmental Affairs. HB 261. By Representatives Walker of the 87th and Childers of the 13th: A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, 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 authorized by the citizens. Referred to the Committee on State Planning & Community Affairs. HB 262. By Representatives Walker of the 87th and Childers of the 13th: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, so as to provide that certain activity shall not be conducted within counties unless authorized by the citizens. Referred to the Committee on State Planning & Community Affairs. TUESDAY, JANUARY 28, 1997 155 HB 263. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide that no action for trespass upon or damage to realty shall be brought after ten years from the date of substantial completion of construction of an improvement; to provide that the cause of action accrues when the damage to realty occurs or when it is discovered or should have been discovered. Referred to the Committee on Judiciary. HB 264. By Representative Barnes of the 33rd: A bill to amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and disability benefits under the Trial Judges and Solicitors Retirement Fund, so as to provide that if a member dies before he or she receives in benefits the total of his or her contributions, the balance of such amount shall be paid to his or her survivor. Referred to the Committee on Retirement. HB 265. By Representative Barnes of the 33rd: A bill to amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to the office of solicitor-general of state courts, so as to authorize the General Assembly to provide by local law for the selection of a solicitor-general. Referred to the Committee on Judiciary. HB 266. By Representatives Jones of the 71st, Culbreth of the 132nd and Childers of the 13th: A bill to amend Code Section 31-11-82 of the Official Code of Georgia Annotated, relating to the evaluation of persons with emergency conditions, so as to provide that no insurer who has given prospective authorization for certain procedures may subsequently deny payment for the provision of such procedures. Referred to the Committee on Insurance. HB 267. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Douglas Judicial Circuit. Referred to the Committee on Judiciary. HB 268. By Representatives Holmes of the 53rd and Coleman of the 142nd: A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to authorize certain disposition of forfeited and other property to sworn law enforcement officers and provide for the conditions and procedures relating thereto; to provide for reconveyance in certain circumstances and for related conditions and procedures. Referred to the Committee on Judiciary. 156 JOURNAL OF THE HOUSE, HB 269. By Representatives Holmes of the 53rd and Martin of the 47th: A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of successors to such judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Atlanta Judicial Circuit. Referred to the Committee on Judiciary. HB 270. By Representatives Williams of the 114th and Hudson of the 156th: 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 require health benefit plans to establish physician executive committees; to provide for provider credentialing criteria; to provide for grievance and appeal procedures for providers within a plan. Referred to the Committee on Insurance. HB 271. By Representative Childers of the 13th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credits under the Employees' Retirement System of Georgia and related matters, so as to provide that members of such retirement system who were first employed prior to July 1, 1982, may obtain creditable service for certain military service; to provide for the payment of employee contributions. Referred to the Committee on Retirement. HB 272. By Representative Childers of the 13th: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions and requirements for licensure in marriage and family therapy. Referred to the Committee on Health & Ecology. HB 273. By Representative Childers of the 13th: 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 the reuse of unused unit dosage drugs in certain long-term care facilities. Referred to the Committee on Health & Ecology. HB 274. By Representative Childers of the 13th: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions. Referred to the Committee on Judiciary. TUESDAY, JANUARY 28, 1997 157 HB 275. By Representative Barnard of the 154th: A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to change the compensation of the chairperson and members of the board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 276. By Representative Trense of the 44th: A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to limit the use of curriculum-based assessments. Referred to the Committee on Education. HB 277. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st, Ashe of the 46th and Felton of the 43rd: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for certain enforcement powers regarding the EMSC Program. Referred to the Committee on Health & Ecology. HB 278. By Representatives Trense of the 44th, Felton of the 43rd, Campbell of the 42nd, Burkhalter of the 41st and Ashe of the 46th: A bill to amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the requirement for the creation of an advisory board to assist local government in the creation and operation of 911 systems, so as to require that certain reports on the performance of the 911 communications center be prepared and made available for public inspection on a quarterly basis. Referred to the Committee on Industry. HB 279. By Representatives Coleman of the 80th, Crews of the 78th, Massey of the 86th, Rice of the 79th, Johnson of the 84th and others: A bill to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution between the Gwinnett County school district and the City of Buford independent school district, or portion thereof, located in Gwinnett County. Referred to the Committee on State Planning & Community Affairs - Local. HB 280. By Representative Davis of the 48th: A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to authorize certain disposition of forfeited and other property to sworn law enforcement officers and provide for the conditions and procedures relating thereto. Referred to the Committee on Judiciary. 158 JOURNAL OF THE HOUSE, HB 281. By Representatives Davis of the 48th, Parham of the 122nd, Dixon of the 168th, Epps of the 131st, Bates of the 179th 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 relative to insurance generally, so as to require individual and group health insurance policies, group health plans or policies, and all other forms of managed or capitated care plans or policies to provide insurance coverage for diabetes outpatient selfmanagement training and diabetes equipment and supplies. Referred to the Committee on Insurance. HB 282. By Representatives Mann of the 5th, Davis of the 60th, Mills of the 21st, Joyce of the 1st, Clark of the 3rd and others: A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to provide that the state auditor shall prepare an annual report showing for each county in this state the state revenues received from the county and the expenditure of appropriated state funds within the county. Referred to the Committee on Appropriations. HB 283. By Representative Bordeaux of the 151st: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that charitable organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances. Referred to the Committee on Industry. HB 284. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, so as to exclude judgments or orders for child support or spousal support. Referred to the Committee on Judiciary. HB 285. By Representatives Ehrhart of the 36th, Wiles of the 34th and Sauder of the 29th: 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 definitions; to provide for definitions; to change certain provisions relating to qualifications 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. TUESDAY, JANUARY 28, 1997 159 HB 286. By Representatives Channell of the lllth, Birdsong of the 123rd, Parham of the 122nd, Jenkins of the 110th and Stancil of the 91st: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, 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 Georgia. Referred to the Committee on Judiciary. HB 288. By Representative Twiggs of the 8th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the provisions relating to annual training requirements for police chiefs, department heads, and wardens. Referred to the Committee on Public Safety. HB 289. By Representative Twiggs of the 8th: 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 symbols; to provide a statement of public policy; to provide a short title. Referred to the Committee on Public Safety. HB 290. By Representative Twiggs of the 8th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that the Brady Law regulations shall apply to firearms; to delete a certain definition; to define the term "firearm"; to change the maximum fee that may be charged for a criminal history and involuntary hospitalization records check. Referred to the Committee on Public Safety. HB 291. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and Davis of the 60th: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, 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 permission to appeal without also filing a timely notice of appeal, the appellate court shall have jurisdiction to decide the case and shall grant the application. Referred to the Committee on Judiciary. HB 292. By Representatives Martin of the 47th, Barnes of the 33rd and Reichert of the 126th: 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 compensation for full-time judges of the state courts of counties; to provide that local law shall determine the compensation of part-time judges of state courts; to provide that such compensation shall be from county funds. 160 JOURNAL OF THE HOUSE, January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 292. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Judiciary. HB 293. By Representatives Martin of the 47th, Alien of the 117th, Barnes of the 33rd, Dix of the 76th, Reichert of the 126th and others: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, so as to change the oath administered to witnesses; to eliminate a reference to the charges against the defendant in such oath. Referred to the Committee on Judiciary. HB 294. By Representatives Martin of the 47th, Alien of the 117th, Hammontree of the 4th and Davis of the 60th: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the transmission of notice by facsimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the dividend expressly so provides. Referred to the Committee on Judiciary. HB 295. By Representative Lucas of the 124th: A bill to amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt. Referred to the Committee on Judiciary. HB 296. By Representative Lucas of the 124th: A bill to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of juvenile courts, so as to provide that the superior court shall have exclusive jurisdiction over certain offenses involving the use of a firearm alleged to have been committed by a child; to provide for the transfer of such matters and the jurisdiction of juvenile courts over transferred matters. Referred to the Committee on Judiciary. TUESDAY, JANUARY 28, 1997 161 HB 297. By Representative Lucas of the 124th: A bill to amend Article 5 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to residential care facilities for the elderly authorities, so as to change certain provisions relating to powers of authorities. Referred to the Committee on Human Relations & Aging. HB 298. By Representatives Reichert of the 126th, Walker of the 141st, Barnes of the 33rd, Tolbert of the 25th, Martin of the 47th and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how mechanics and materialmen liens are declared and created, so as to provide that with respect to a contract for the procurement of material, certain professional services, labor, or supplies for the building, repairing, or improving of any real estate, if the contract includes a provision preventing payment to the claimant, then the person or persons furnishing material, services, labor, and supplies shall be relieved of necessity of filing an action. Referred to the Committee on Judiciary. HR 111. By Representatives Jackson of the 112th, Ehrhart of the 36th, Harbin of the 113th, Evans of the 28th, Coan of the 82nd and others: A resolution proposing an amendment to the Constitution so as to provide that when a sentence of death is commuted to life imprisonment, the State Board of Pardons and Paroles shall not have the authority to grant a pardon or parole to the convicted person, and such person shall not be eligible for a pardon or parole during such person's natural life unless the board or a court of this state shall determine that such person was innocent of the offense. Referred to the Committee on Judiciary. HR 112. By Representatives Jackson of the 112th, Williams of the 114th and Harbin of the 113th: A resolution designating the Jack Eubank Memorial Highway. Referred to the Committee on Transportation. HR 113. By Representative Sauder of the 29th: A resolution compensating Ms. Wendy L. Roslund. Referred to the Committee on Appropriations. HR 114. By Representatives Burkhalter of the 41st and Campbell of the 42nd: A resolution proposing an amendment to the Constitution so as to include child molestation among the offenses for which may be imposed minimum mandatory sentences, sentences which must be served in their entirety, and life without parole for a subsequent conviction. Referred to the Committee on Special Judiciary. 162 JOURNAL OF THE HOUSE, HR 115. By Representative Barnes of the 33rd: A resolution relative to the actions of U. S. Representative Newton Leroy Gingrich and their effect on the Kennesaw State University Foundation and directing the undertaking of available remedies. Referred to the Committee on Judiciary. HR 133. By Representative Kaye of the 37th: A resolution amending the Rules of the House of Representatives. January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution Number 133. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Rules. HR 134. By Representative Kaye of the 37th: A resolution amending the Rules of the House of Representatives. January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution Number 134. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Rules. HR 135. By Representative Kaye of the 37th: A resolution amending the Rules of the House of Representatives. January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution Number 135. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Rules. HR 136. By Representative Kaye of the 37th: A resolution amending the Rules of the House of Representatives. TUESDAY, JANUARY 28, 1997 163 January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution Number 136. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Rules. HR 137. By Representative Kaye of the 37th: A resolution amending the Rules of the House of Representatives. January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution Number 137. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Rules. HR 138. By Representative Kaye of the 37th: A resolution amending the rules of the House of Representatives. January 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution Number 138. This notice is made prior to or upon reading the bill the first time. /s/ Kaye Representative 37th District Referred to the Committee on Rules. HR 139. By Representative Reichert of the 126th: A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Wiggins Associates and the acceptance of certain real property owned by Wiggins Associates located in Bibb County, Georgia, in consideration therefor. 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: 164 JOURNAL OF THE HOUSE, HB 320. By Representative Felton of the 43rd: A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, 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. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 29 HB 217 HB 218 HB 219 HB 220 HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227 HB 228 HB 229 HB 230 HB 231 HB 232 HB 233 HB 234 HB 235 HB 236 HB 237 HB 238 HB 239 HB 241 HB 242 HB 243 HB 244 HB 245 HB 246 HB 287 HR 105 HR 106 HR 108 SB 15 HB 240 Pursuant to Rule 52, Representative Crews of the 78th moved that the following Bill of the House be engrossed: HB 240. By Representatives Crews of the 78th, Lee of the 94th, Mills of the 21st, Mueller of the 152nd, Byrd of the 170th and others: A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abortion method. On the motion, the roll call was ordered and the vote was as follows: N Alien N Anderson YAshe Y Bailey Baker Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown EBuck Y Buckner YBunn Burkhalter YByrd Y Campbell Canty Y Carter YCash E Channell Y Childere Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummuigs N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Dixon, S Y Dobbs N Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin N Heard YHecht N Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston N Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall N McClinton N McKinney E Mills N Mobley TUESDAY, JANUARY 28, 1997 165 YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons NPelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell Y Puicell Y Ragas Y Randall Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan Y Shaw Y Shenffl Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Snow Y Staffings Y Stancil, F Y Stancil, S N Stanley, L Stanley, P N Taylor N Teague N Teper Y Thomas Tillman Y Titus Y Tolbert Y Trense Tumquest Y Twiggs Y Walker, L Y Walker, R.L E West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan E Yates Murphy, Spkr On the motion, the ayes were 140, nays 20. The motion prevailed. Representatives Burkhalter of the 41st, Bannister of the 77th and Snow of 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Pelote of the 149th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 212 Do Pass, by Substitute Respectfully submitted, /s/ Carter of the 166th Chairman Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 100 Do Pass, by Substitute Respectfully submitted, /s/ Randall of the 127th Chairman Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: 166 JOURNAL OF THE HOUSE, 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 194 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 194. By Representative Purcell of the 147th: A bill to provide a new charter for the City of Rincon. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 93, nays 4. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 35. By Senator Boshears of the 6th: A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts of counties, so as to provide for deferred partial payment of judgments in state courts. SB 37. By Senator Boshears of the 6th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, 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 47. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th: A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide for certification by the Department of Corrections of copies of compilations of the computerized records of the department. TUESDAY, JANUARY 28, 1997 167 SB 48. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th: A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the hiring out of inmates and the sale of products produced by inmates, so as to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 35. By Senator Boshears of the 6th: A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts of counties, so as to provide for deferred partial payment of judgments in state courts. Referred to the Committee on Judiciary. SB 37. By Senator Boshears of the 6th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, 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 47. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th: A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide for certification by the Department of Corrections of copies of compilations of the computerized records of the department. Referred to the Committee on State Institutions & Property. SB 48. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th: A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the hiring out of inmates and the sale of products produced by inmates, so as to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections. Referred to the Committee on State Institutions & Property. The following communications were received: Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 January 15, 1997 168 JOURNAL OF THE HOUSE, 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 Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. He will serve for a term beginning April 16, 1997, and expiring April 15, 2002. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell Sewell R. Brumby Legislative Counsel SRB:jp Enclosures cc: Honorable Zell Miller Honorable Pierre Howard Honorable Thomas B. Murphy Honorable William G. Hasty, Sr. Honorable Thomas B. Buck III Honorable Mike Crotts 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 Sam M. Wellborn has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Third Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1997, and expiring April 15, 2002. This 15th day of January, 1997. /s/ Pierre Howard President of the Senate /s/ Thomas B. Murphy Speaker, House of Representatives The General Assembly State Captiol Atlanta January 15, 1997 TUESDAY, JANUARY 28, 1997 169 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 15, 1997, at 2:00 P.M. in the Senate Chamber of the state capitol building. At that caucus Honorable Sam M. Wellborn, was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 1997, and expiring April 15, 2002. Respectfully submitted, /s/ Thomas B. Buck III Representative, 135th District Chairman Third Congressional District Caucus /s/ Mike Crotts Senator, 17th District Secretary Third Congressional District Caucus The General Assembly State Capitol Atlanta January 15, 1997 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 15, 1997, at 2:00 P.M. in the Senate Chamber of the state capitol building. At that caucus Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 1997, and expiring April 15, 2002. Respectfully submitted, /s/ Thomas B. Buck III Representative, 135th District Chairman Third Congressional District Caucus /s/ Mike Crotts Senator, 17th District Secretary Third Congressional District Caucus Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 January 15, 1997 170 JOURNAL OF THE HOUSE, 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 William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District. He will serve for a term beginning April 16, 1997, and expiring April 15, 2002. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell Sewell R. Brumby Legislative Counsel SRB:jp Enclosures cc: Honorable Zell Miller Honorable Pierre Howard Honorable Thomas B. Murphy Honorable William G. Hasty, Sr. Honorable Steve Stancil Honorable Tim Perry 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 William G. "Bill" Hasty, Sr., has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Ninth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1997, and expiring April 15, 2002. This 15th day of January, 1997. /s/ Pierre Howard President of the Senate /s/ Thomas B. Murphy Speaker, House of Representatives The General Assembly State Captiol Atlanta January 15, 1997 TUESDAY, JANUARY 28, 1997 171 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 15, 1997, at 3:00 P.M. in the Senate Chamber of the state capitol building. At that caucus Honorable William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 1997, and expiring April 15, 2002. Respectfully submitted, /s/ Steve Stancil Representative, 16th District Chairman Ninth Congressional District Caucus /s/ Tim Perry Representative, llth District Secretary Ninth Congressional District Caucus The General Assembly State Capitol Atlanta January 15, 1997 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 15, 1997, at 3:00 P.M. in the Senate Chamber of the state capitol building. At that caucus Honorable William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 1997, and expiring April 15, 2002. Respectfully submitted, /s/ Steve Stancil Representative, 16th District Chairman Ninth Congressional District Caucus /s/ Tim Perry Representative, llth District Secretary Ninth Congressional District Caucus The following Resolutions of the House were read and referred to the Committee on Rules: HR 140. By Representatives Wiles of the 34th, Shipp of the 38th, Sauder of the 29th, Cooper of the 31st, Parsons of the 40th and others: A resolution commending the Kennesaw State University Fighting Owls Baseball Team and inviting the Fighting Owls to appear before the House of Representatives. 172 JOURNAL OF THE HOUSE, HR 141. By Representatives Wiles of the 34th, Shipp of the 38th, Sauder of the 29th, Cooper of the 31st, Parsons of the 40th and others: A resolution commending the Kennesaw State University Lady Owls Softball Team and inviting the Lady Owls 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 66. By Representative Murphy of the 18th: A resolution recognizing and commending the Bremen High School girls' softball team and inviting the team and its coaches to appear before the House of Representatives. HR 67. By Representative James of the 140th: A resolution commending the Macon County High School football team and inviting the team and its coaches to appear before the House of Representatives. HR 80. By Representative Stancil of the 91st: 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. HR 110. By Representative Reaves of the 178th: A resolution recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives. HR 116. By Representatives Williams of the 63rd, Murphy of the 18th, Orrock of the 56th, Mueller of the 152nd, Trense of the 44th and others: A resolution recognizing February 6, 1997, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives. HR 117. By Representatives McCall of the 90th and Powell of the 23rd: A resolution commending Dario F. Rossi and inviting him to appear before the House of Representatives. HR 132. By Representatives Ladd of the 59th, Davis of the 60th, Teper of the 61st, Williams of the 63rd, Maddox of the 72nd and others: A resolution inviting the coaches and players of the Dunwoody High School Lady Wildcats softball team to appear before the House of Representatives. Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 148. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st, Irvin of the 45th, Orrock of the 56th and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the Alabama-CoosaTallapoosa River Basin Compact. TUESDAY, JANUARY 28, 1997 173 The following amendments were read and lost: Representatives Bates of the 179th and Crawford of the 129th move to amend HB 148 by inserting immediately before the word "The" on line 15 of page 9 the following: "(A)". By inserting immediately before the period on line 20 of page 9 the following: "; or (B) the legislature of either state, by resolution, objects to the apportionment of the surface waters of the ACT". Representative Teper of the 61st moves to amend HB 148 as follows: On page 11, at line 5, following the word "law", strike the words: "and shall supersede state and local laws operating contrary to the provisions herein or the purposes of this compact;". The report of the Committee, which was favorable to the 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 Andenoo YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes N Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Burkhalter YByrd Y Campbell Y Canty Y Carter YCash E Channel! Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd N Franklin N Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak N Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSuns Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague N Teper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L EWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan EYates Murphy, Spkr On the passage of the Bill, the ayes were 164, nays 7. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 148 was ordered immediately transmitted to the Senate. 174 JOURNAL OF THE HOUSE, HB 149. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st, Irvin of the 45th, Orrock of the 56th and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the ApalachicolaChattahoochee-Flint River Basin Compact. The following amendment was read: Representative Teper of the 61st moves to amend HB 149 as follows: On page 11, at line 5, following the word "law," strike the words: "and shall supersede state and local laws operating contrary to the provisions herein or the purposes of this compact;". 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 Barnard N Barries Y Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford N Breedlove N Bridges N Brooks N Brown EBuck N Buckner N Bunn Burkhalter NByrd N Campbell N Canty N Carter NCasb E Channell N Guilders N Clark NCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G Diz N Diion, H Dixon, S NDobbs N Dukes NEbihart NEpps N Evans N Everett Y Felton N Floyd Y Franklin Y Golden N Graves N Greene N Grindley N Hammontree N Manner N Harbin N Heard NHecht N Heckstall N Hegstrom N Henaon N Holland Y Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James N Jamieson Y Jenkins N Johnson N Jobnston N Jones Y Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord Lucas N Maddoi NMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton N McKinney N Mills N Mobley N Mosley Mueller N O'Neal N Orrock NParham NParrish N Parsons Y Pelote N Perry N Pinholster NPoag NPolak N Ponder Y Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw N SherriU NShipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 13, nays 157. The amendment was lost. N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre N SnelUng NSnow NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor YTeague Y Teper N Thomas NTillman N Titus N Tolbert N Trense N Turnquest NTwiggs N Walker, L N Walker, R.L EWest Y Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan EYates Murphy, Spkr The following amendment was read and lost: Representatives Bates of the 179th and Crawford of the 129th move to amend HB 149 by inserting immediately before the word "The" on line 15 of page 9 the following: "(A)". TUESDAY, JANUARY 28, 1997 175 By inserting immediately before the period on line 20 of page 9 the following: "; or (B) the legislature of any of the states, by resolution, objects to the apportionment of the surface waters of the ACF". The report of the Committee, which was favorable to the 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 Barnard YBaraes N Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Burkhalter YByrd Y Campbell Canty Y Carter YCash E Channel! Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cunnnings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Dixon,S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin N Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins N Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak N Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y SherrUl YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague NTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L E West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan EYates Murphy, Spkr On the passage of the Bill, the ayes were 162, nays 8. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 149 was ordered immediately transmitted to the Senate. HR 47. By Representatives Murphy of the 18th, Lee of the 94th, Connell of the 115th, Smyre of the 136th, Parrish of the 144th and others: A resolution authorizing the hanging of a portrait of James A. Kaufmann, M.D. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford 176 JOURNAL OF THE HOUSE, Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner Y Bunn Burkhalter YByrd Y Campbell Canty Y Carter YCash EChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Dixon, H Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y SneUing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbflrt Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L E West Y Westmorland Y Whitaker Y WUes Y Williams, B Y Williams, J Y Williams, R Y Worthan E Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 166, nays 0, The Resolution, having received the requisite constitutional majority, was adopted. The Speaker announced the House in recess until 2:30 o'clock this afternoon. TUESDAY, JANUARY 28, 1997 177 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and adopted: HR 146. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th: A resolution congratulating and commending the Lowndes County School District. HR 147. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Miss Bonnie Ray and declaring "Miss Bonnie Ray Day". HR 148. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Mr. Gene Clark. HR 149. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Mr. Gene W. Cornelison. HR 150. By Representative Lord of the 121st: A resolution commending Thiele Kaolin Company and Paul F. Thiele. HR 151. By Representative Rogers of the 20th: A resolution paying tribute to Honorable John W. Morrow. HR 152. By Representatives Lane of the 146th and Martin of the 145th: A resolution recognizing and commending the Statesboro Business and Professional Women's Club. HR 153. By Representative Cash of the 108th: A resolution recognizing and commending the Stockbridge High School Band. HR 154. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th: A resolution recognizing and commending Teresa Burns. HR 155. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A resolution expressing regret at the passing of Victoria Cox. 178 JOURNAL OF THE HOUSE, HR 156. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A resolution commending Judge Willie Mae "Mazie" Johnson. HR 157. By Representatives Byrd of the 170th and Pinholster of the 15th: A resolution commending the Jeff Davis High School Lady Jackets basketball team and their coach, Mr. Hugh McBride. Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time: HR 39. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Connell of the 115th and Skipper of the 137th: A resolution amending the Rules of the House of Representatives. The following Committee substitute was read: A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: SECTION 1. The Rules of the House of Representatives are amended by striking in its entirety Rule 26 and inserting in its place a new Rule 26 to read as follows: "Rule 26. Should any member of the House be dissatisfied with the ruling of the Speaker on any point, such member shall rise and respectfully address the Speaker and say: 'I appeal from the decision of the chair.' The Speaker will then state to the House the point ruled on and the Speaker's decision on it. Debate on the correctness of the ruling shall be limited to 20 minutes. The Speaker shall put the question of appeal to the House for a vote. The ruling of the Speaker shall be sustained unless overruled by the vote of a majority of those voting, provided the total voting shall constitute a quorum. Such vote shall be by show of hands unless a roll-call vote is ordered, after motion, by vote of a majority of the members to which the House is entitled or unless the chair is in doubt as to the result of the show of hands and therefore orders a roll-call vote. All appeals from the decision of the chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the chair and before the appeal is sought. Any member may have entered on the journal a protest in writing based on any ruling so made. Said protest shall clearly and succinctly set forth the grounds of such protest and shall not exceed 200 words. It shall not impugn the motive of the House or any member thereof." SECTION 2. The Rules of the House of Representatives are further amended by striking in its entirety Rule 29 and inserting in lieu thereof a new Rule 29 to read as follows: "Rule 29. The Committee on Rules shall arrange and fix the calendar for each day's business for the last 31 25 days of the fwst each regular session of each the General Assembly aad for the test 36 days ef the second regater oeaaion ef each General Aaacm bly. The rules calendar for each such day shall be set by the Committee on Rules on the legislative day prior to the legislative day on which the calendar shall be before the House. Copies of such calendar shall be printed and made available to the members of the House as quickly as is practicable following the setting of the calendar. Such calendar shall be a standing and continuing special order during such period. There shall be no debate on the adoption of the calendar of the Committee on Rules. The provisions TUESDAY, JANUARY 28, 1997 179 of this rule concerning the time for setting of the calendar may be waived by majority vote of the members elected to the House; and in that event the Committee on Rules may meet at any time to set a rules calendar or supplemental rules calendar." SECTION 3. The Rules of the House of Representatives are further amended by striking in its entirety Rule 47 and inserting in its place a new Rule 47 to read as follows: "Rule 47. When introducing a bill or resolution, a member shall file an original and one copy with the Clerk. All bills and resolutions shall be typed, printed, or otherwise duplicated and the name and district of the member introducing the same shall be on the back thereof. The title or a brief summary thereof shall also appear on the back. No member shall sign any bill or resolution as a cosponsor thereof without the consent of the sponsor who first signs the bill or resolution." SECTION 4. The Rules of the House of Representatives are further amended by striking in its entirety Rule 52 and inserting in its place a new Rule 52 to read as follows: "Rule 52. A notice of a motion to engross a bill or resolution may be made prior to or upon reading the bill or resolution the first time, and at no other time. Such notice shall be made in writing and shall be provided to the Clerk; and the Clerk shall announce such notice upon the first reading of the bill or resolution. Following the giving of such notice, a motion to engross a bill or resolution may be made upon reading the bill or resolution the second time, and at no other time. When a motion to engross is made, no debate shall be permitted, except that the movant may speak to his or her motion not longer than five minutes and any one other member of the House may speak in opposition thereto for five minutes. No bill or resolution shall be engrossed except upon the affirmative vote of two-thir-ds ef- the mcmbcra voting, provided the total vete constitutes ft quorum a majority of the members to which the House is entitled, or except by unanimous consent. In case of engrossment of any bill or resolution, the entry thereof shall be made by the Clerk and the bill or resolution shall not be amended or changed in any manner thereafter." SECTION 5. The Rules of the House of Representatives are further amended by repealing in its entirety Rule 58, relating to instruction of committees, and inserting in lieu thereof the following: "Rule 58. Reserved." SECTION 6. The Rules of the House of Representatives are further amended by striking in its entirety Rule 110 and inserting in its place a new Rule 110 to read as follows: "Rule 110. In order to be eligible for consideration any amendment must be germane to the subject under consideration. In order to be germane the amendment must be closely and directly related to the main measure, both with respect to the end to be accomplished and with respect to the means of accomplishing the end. Any irrelevant motion, irrelevant amendment, or amendment which is not germane to the subject under consideration shall be ruled out of order by the Speaker. The determination of relevancy and germaneness shall be according to the judgment of the Speaker. Appeals from the Speaker's determination shall be in accordance with Rule 26." SECTION 7. The Rules of the House of Representatives are further amended by adding immediately following Rule 115 a new Rule 115.1 to read as follows: "Rule 115.1. If a bill amending the last enacted general appropriations Act is reported out of committee as 'do pass by substitute' or 'do pass as amended,' neither the committee of the whole nor the House of Representatives shall consider the bill until at least 24 hours after the substitute or the amendments, as the case may be, have been printed and placed on the desk of each member." 180 JOURNAL OF THE HOUSE, The following amendment was read: Representative Mueller of the 152nd moves to amend the Committee substitute to HR 39 as follows: On page 2 line 2 change 25 to 30. 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 YBarfoot Y Barnard NBarnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn E Burkhalter NByrd Y Campbell Canty N Carter YCash E Channel! N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper E Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G Diz N DUon, H Dixon, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton NFloyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard N Hecht N Heckstall N Hegstrom NHenson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey N McBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal NOrrock NParham NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 66, nays 100. The amendment was lost. Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus Tolbert YTrense Turaquest NTwiggs N Walker, L Y Walker, R.L EWest Y Westmoreland NWhitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan EYates Murphy, Spkr The following amendment was read: Representative Kaye of the 37th moves to amend the Committee substitute to HR 39 as follows: Page 1 line 5 new Section 1 House Rule 8 is amended by striking the third line and inserting in its place a new third line to read as follows: "to the public and posted at least 24 hours prior to the convening of such meeting outside the offices of the Speaker of the House and Clerk of the House and through aU other methods of public dissemination that is currently in effect. By a majority vote of a quorum of a committee or" Renumber all other sections accordingly. On the adoption of the amendment, the roll call was ordered and the vote was as follows: TUESDAY, JANUARY 28, 1997 N Alien N Andersen YAshe N Bailey N Baker Y Bannister NBarfoot Y Barnard NBarnes N Bates N Benefield N Birdsong Y Bohannon N Bordeaux N Bradford Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn E Burkhalter NByrd Y Campbell Canty N Carter YCash EChannell N Childers Y Clark YCoan Y Coleman, B N Coleman, T NConnell Y Cooper E Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Oil N Dixon, H Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht N Heckstall N Hegstrom NHenson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieaon N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley NMosley Y Mueller NO'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRy N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sberrill YShipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 63, nays 104. The amendment was lost. The following amendment was read and adopted: 181 Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y SneUing NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus Tolbert YTrense Turnquest NTwiggs N Walker, L Y Walker, R.L EWest Y Westmorland N Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan EYates Murphy, Spkr Representatives Walker of the 141st, Skipper of the 137th and Lee of the 94th move to amend the Committee substitute to HR 39 as follows: By deleting Section 1 (from lines 4 through 32 on page 1) in it entirety and by renumbering Section 2 as Section 1 and the following Sections accordingly. The following amendment was read: Representative Ehrhart of the 36th moves to amend the Committee substitute to HR 39 by striking lines 8 through 10 of page 3 and inserting in their place the following: "vote of two thirds of the members voting, provided the total vote constitutes a quorum, or except by unanimous". 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 Barnard NBarnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn E Burkhalter NByrd Y Campbell Canty N Carter YCash E Channell N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper E Crawford Y Crews Y Culbreth N Cummings 182 JOURNAL OF THE HOUSE, N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dii N Dixon, H Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal NOrrock NParham NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell NPurceU NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling On the adoption of the amendment, the ayes were 70, nays 98. The amendment was lost. NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L E West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan EYates Murphy, Spkr The following amendment was read: Representative Kaye of the 37th district moves to amend the Committee substitute to HR 39 as follows: Page 3 Line 38 new Section 7. Add at the end of House Rule 114, the following: Prior to voting on any amendment, the member offering said amendment shall be allocated three minutes to explain said amendment and/or answer any questions, however, this time limit may be waived at the discretion of the Speaker or by a majority of a quorum. Renumber all other sections accordingly. 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 Y Barnard NBarnes Bates N Benefield N Birdsong Y Bohannon N Bordeaux N Bradford Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner Y Bonn E Burkhalter NByrd Y Campbell Canty N Carter YCash E Channel! N Guilders Y Clark YCoan Y Coleman, B N Coleman, T N Connell N Cooper E Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G Dix N Dixon, H Dixon, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee TUESDAY, JANUARY 28, 1997 183 NMcCall N McClinton N McKinney Y Mills NMobley NMoeley YMueller NO'Neal NOrrock NParham NParrish N Parsons N Pelote N Perry YPinholster N Poag NPolak N Ponder N Porter NPowell N Purcell N Ragas N Randall N Ray N Reaves N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N Sherrill Y Shipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N StalUngs N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor N Teague N Teper N Thomas N Tillman Y Titus Tolbert Y Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L E West Y Westmoreland N Whitakei Y Wiles Y Williams, B Y Williams, J N Williams, R Y Worthan E Yates Murphy, Spkr On the adoption of the amendment, the ayes were 60, nays 107. The amendment was lost. The following amendment was read and ruled not germane: Representative Kaye of the 37th district moves to amend the Committee substitute to HR 39 as follows: Page 4 after line 7 new Section 8. House Rule 171 is amended by adding after paragraph (3) a new rule (3.1) to read as follows: "(3.1)(A) As used in this paragraph, the term 'lobbyist' means any person registered or required to be registered as a lobbyist by Code Section 21-5-71. (B) No member of the House shall accept from any lobbyist or any person, individual, partnership, committee, corporation, business entity, or other group or persons represented by a lobbyist: (i) any gratuitous transfer of any money, property, service or thing of a value; or (ii) any gratuitous loan of any property or service. (C) This prohibition shall not apply to: (i) the value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) a gift received from the member's relative; (iii) promotional items generally distributed to the public; (iv) an award, plaque, certificate, memento, or similar item given in recoginition of the member's civic, charitable, political, professional, or public service; (v) legitimate salary, benefits, fees, commissions, compensation or expenses associated with a member's nonpublic business, employment, trade or profession; (vi) campaign contributions or expenditures reported as required by Article 2 of Chapter 5 of Title 21; (vii) commercially reasonable loans made in the ordinary course of business; (viii) food or beverages; or (ix) any lodging associated with normal and customary nonpublic business or social functions or activities which is clearly unrelated to public policy." The following amendment was read: Representatives Smith of the 19th and Bannister of the 77th move to amend the Committee substitute (LC 14 6851S) to HR 39 by striking lines 16 through 20 of page 3 and inserting in their place the following: "The Rules of the House of Representatives are further amended by striking Rule 58 and inserting in its place a new rule to read as follows: 'Rule 58. Whenever any bill or resolution has been referred to a committee and the committee has held the bill or resolution in its custody or control for ten legislative days without reporting on it, if the chair of the committee receives a petition signed by at least 40 percent of the membership of such committee and requesting a hearing and vote 184 JOURNAL OF THE HOUSE, upon such bill or resolution, the chair of the committee shall hold a hearing, vote on that bill or resolution, and report such bill out of committee with the committee's recommendations at the next regularly scheduled meeting of that committee. Any motion or resolution to set a special order or to change the order of business for any particular day which has been referred to the Committee on Rules may be held in the custody and control of such committee for only three days.'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien N Anderson YAshe N Bailey N Baker Y Bannister N Barfoot Y Barnard N Barnes N Bates N Benefleld N Birdsong Y Bohannon N Bordeaux Y Bradford Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn E Burkhalter NByrd Y Campbell Canty N Carter YCash E ChanneU N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper E Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G Dii N Dixon, H Dixon, S NDobbs N Dukes Y Ehrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht NHeckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill Y Shipp N Sims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 68, nays 99. The amendment was lost. Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Smelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus Tolbert Y Trense N Tumquest Twiggs N Walker, L Y Walker, R.L E West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan EYates Murphy, Spkr The following amendment was read: Representative Stancil of the 16th moves to amend the Committee substitute (LC 14 6851S) to HR 39 by striking lines 16 through 20 of page 3 and inserting in their place the following: "The Rules of the House of Representatives are further amended by striking Rule 58 and inserting in its place the following: 'Rule 58. Whenever any bill or resolution has been referred to a committee and the committee has held the bill or resolution in its custody for ten legislative days without reporting on it, any member of the House shall have the right to initiate a petition for discharge of the bill or resolution. Such petition shall be in such form as shall be designed by the Clerk of the House. If the petition is signed by the requisite number of members of the House, as set out below, the petition shall be filed by the initiating TUESDAY, JANUARY 28, 1997 185 member with the Clerk of the House, and the effect shall be the same as a report of the committee favorable to the passage of the bill or resolution. The bill or resolution shall then take its place on the general calendar, and, if applicable, on the next day's rules calendar, in the same manner as a measure favorably reported by a committee. The number of signatures required for the petition to be effective shall be the same as the number of votes required for passage of the measure in question by the House. Any motion or resolution to set a special order or to change the order of business for any particular day which has been referred to the Committee on Rules may be held in the custody and control of such committee for only three days."' On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien N Anderson YAshe N Bailey N Baker Bannister YBarfoot Y Barnard NBarnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn E Burkhalter NByrd Y Campbell Canty N Carter YCash E Channell N Childers Y Clark YCoan Y Coleman, B N Coleman, T N ConneU Y Cooper E Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dii Y Dixon, H Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht N Heckstall N Hegstrom NHenson N Holland N Holmes Y Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey N McBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan YShaw N Sherrill Y Shipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor N Teague N Tepe: N Thomas NTUlman Y Titus Tolbert Y Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L E West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan EYates Murphy, Spkr On the adoption of the amendment, the ayes were 74, nays 92. The amendment was lost. The following amendment was read: Representative Kaye of the 37th district moves to amend the Committee substitute to HR 39 as follows: Page 4 after line 7 new Section 8. House Rule 171 is amended by adding after paragraph (3) a new rule (3.1) to read as follows: "(3.1)(A) As used in this paragraph, the term 'lobbyist' means any person registered or required to be registered as a lobbyist. 186 JOURNAL OF THE HOUSE, (B) No member of the House shall accept from any lobbyist or any person, individual, partnership, committee, corporation, business entity, or other group or persons represented by a lobbyist: (i) any gratuitous transfer of any money, property, service or thing of a value; or (ii) any gratuitous loan of any property or service, (C) This prohibition shall not apply to: (i) the value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) a gift received from the member's relative; (iii) promotional items generally distributed to the public; (iv) an award, plaque, certificate, memento, or similar item given in recoginition of the member's civic, charitable, political, professional, or public service; (v) legitimate salary, benefits, fees, commissions, compensation or expenses associated with a member's nonpublic business, employment, trade or profession; (vi) campaign contributions or expenditures reported as required by Article 2 of Chapter 5 of Title 21; (vii) commercially reasonable loans made in the ordinary course of business; (viii) food or beverages; or (ix) any lodging associated with normal and customary nonpublic business or social functions or activities which is clearly unrelated to public policy." 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 Barnard NBarnes Bates N Benefield NBirdsong YBohannon N Bordeaux Y Bradford Breedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn E Burkhalter NByrd Y Campbell Canty N Carter YCash EChannell N Childers Y Clark YCoan Y Coleman, B N Coleman, T NConnell Y Cooper E Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix N Diion, H Diion, S NDobbe N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Ployd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y MueUer N O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter Powell N Purcell NRagas NRandall NRay N Reaves Y Reichert YRice Y Richardson N Roberts N Rogers Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill YShipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague N Teper N Thomas NTillman Y Titus Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L E West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan E Yates Murphy, Spkr On the adoption of the amendment, the ayes were 66, nays 99. The amendment 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. TUESDAY, JANUARY 28, 1997 187 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 NAshe Y Bailey Y Baker N Bannister YBarfoot N Barnard YBarnes Y Bates Y Benefield YBirdsong N Bohannon YBordeaui N Bradford Breedlove N Bridges Y Brooks N Brown EBuck Y Buckner NBunn E Burkhalter YByrd N Campbell Canty Y Carter NCash E Channel! Y Childers N Clark NCoan N Coleman, B Y Coleman, T Y Council N Cooper E Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G Dii Y Diion, H Dixon, S YDobbs Y Dukes NEhrhart YEpps N Evans N Everett N Felton Y Floyd N Franklin Y Golden N Graves YGreene N Grindley N Hammontree Y Hanner N Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi NMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal YOrrock YParham YParrish N Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott YShanahan YShaw Y Sherrill NShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman N Titus Tolbert N Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L EWest N Westmorland Y Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan EYates Murphy, Spkr On the adoption of the Resolution, by substitute, as amended, the ayes were 101, nays 67. The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended. Representative Smith of the 103rd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. 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 following recommendations: HB 62 Do Pass HB 110 Do Pass, by Substitute HB 174 Do Pass, by Substitute HB 205 Do Pass, by Substitute Respectfully submitted, /s/ Parham of the 122nd Chairman The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: 188 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House: HB 60. By Representatives Baker of the 70th, Ladd of the 59th, Walker of the 141st and others: A bill to amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, so as to authorize the proceeds of such tax to be used in part for certain capital outlay projects. Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, January 30, 1997. THURSDAY, JANUARY 30, 1997 189 Representative Hall, Atlanta, Georgia Thursday, January 30, 1997 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 Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buckner Bunn Burkhalter Byrd Campbell Canty Cash Channell ChUdere Clark Coan Coleman, B Coleman. T Connell Crawford Crews Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dixon, H Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Hanunontree Harbin Heard Hecht Heckstall Henson Howard Hudgens Hudson, H Hudson, N Hugley Jackson James Jamieson Johnson Johnston Jones Joyce Kaye Lakly Lane Lee Lewis Lord Maddox Mann Manning Martin, J Massey McBee McCall McKinney Mills Mobley Mosley Mueller O'Neal Orrock Par ham Parrish Pelote Perry Pinholster Polak Porter Powell Purcell Ragas Randall Bay Reaves Reichert Rice Richardson Roberts Royal Sanders Scarlett Scheid Scott Shanahan Shaw Sherrill Sims Skipper Smith, C Smith, C.W Smith, L.R Smith, P Smith, T Smith, V Snelling S tailings Stancil, F Taylor Teague Teper Thomas Tilhnan Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L West Westmoreland Whitaker Wiles Williams, B Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Martin of the 145th, Poag of the 6th, Hanner of the 159th, Shipp of the 38th, Day of the 153rd, Rogers of the 20th, Stancil of the 16th, Stanley of the 50th, Stanley of the 49th, Grindley of the 35th, Williams of the 83rd, Dix of the 76th, Cooper of the 31st, Ladd of the 59th, Sauder of the 29th, Hegstrom of the 66th, Bordeaux of the 151st, Sinkfield of the 57th, Holmes of the 53rd, Holland of the 157th, Lucas of the 124th, Snow of the 2nd, Bailey of the 93rd, Jenkins of the 110th, McClinton of the 68th and Smyre of the 136th. They wish to be recorded as present. Prayer was offered by Bishop Eddie L. Long, Pastor, New Birth Missionary Baptist Church, Decatur, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 190 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 introduced, read the first time and referred to the committees: HB 299. By Representatives Birdsong of the 123rd and Smith of the 175th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that certain unused sick and personal leave accumulated by personnel employed in any public school system shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from a local board of education to an unclassified position in the Department of Education. Referred to the Committee on Education. HB 300. By Representatives Byrd of the 170th and Lee of the 94th: A bill to amend Code Section 43-14-8 of the Official Code of Georgia Annotated, relating to licensing required for electrical, plumbing, or conditioned air contracting and businesses conducted by partnerships, limited liability companies, and corporations, so as to regulate certain sales or the furnishing of major components of a conditioned air system. Referred to the Committee on Industry. HB 301. By Representatives Bannister of the 77th, Davis of the 60th, Johnson of the 84th and Coleman of the 80th: A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience. Referred to the Committee on Education. HB 302. By Representatives Bannister of the 77th, Davis of the 60th and Barnes of the 33rd: A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, 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 zoning ordinances in certain cases. Referred to the Committee on Judiciary. THURSDAY, JANUARY 30, 1997 191 HB 303. By Representatives Bannister of the 77th, Davis of the 60th, Johnson of the 84th and Coleman of the 80th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting of applicants for drivers' licenses; to prohibit the requirement of fingerprinting of applicants for identification cards issued by the Department of Public Safety. Referred to the Committee on Motor Vehicles. HB 304. By Representative Rogers of the 20th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to mot -r vehicle accident reparations, so as to prohibit insurers from requiring the use of certain parts in repairing motor vehicles as a condition of payment of a claim under a motor vehicle insurance policy. Referred to the Committee on Insurance. HB 305. By Representatives Bannister of the 77th, Johnson of the 84th, Johnston of the 81st, Dix of the 76th, Rice of the 79th and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new seventh judgeship for the Gwinnett Judicial Circuit. Referred to the Committee on Judiciary. HB 306. By Representatives Smith of the 109th, Barnes of the 33rd and Crawford of the 129th: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the provisions regarding failure to pay such tax barring actions on indebtedness. Referred to the Committee on Ways & Means. HB 307. By Representative Smith of the 109th: A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs on judicial process, so as to provide for additional requirements for garnishment of funds or other property under the control of financial institutions; to require certain information in summons of garnishment. Referred to the Committee on Judiciary. HB 308. By Representatives Royal of the 164th, Hudson of the 156th and Reaves of the 178th: 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 change the publication schedule of an official directory of certain public officers and officials; to change certain provisions regarding the term of office of the director of Department of Archives and History; to change the name of the Georgia State Museum of Science and Industry. Referred to the Committee on State Planning & Community Affairs. 192 JOURNAL OF THE HOUSE, HB 309. By Representative Greene of the 158th: A bill to amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to local law exceptions to Code Sections 21-3-60 through 21-3-63 relating to terms of office and elections of municipal offices, so as to provide that the General Assembly is authorized to provide by local law for municipal offices elected pursuant to a prior local law authorized by subsection (a) or (c) of Code Section 21-3-64 so as to change the terms of office to four years. Referred to the Committee on Governmental Affairs. HB 310. By Representative Tolbert of the 25th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Commerce," so as to annex certain property into the corporate limits of said municipality. Referred to the Committee on State Planning & Community Affairs - Local. HB 311. By Representatives Greene of the 158th, Walker of the 141st, James of the 140th, Floyd of the 138th and Ray of the 128th: A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for a program of incentive grants to counties which are members of regional jail authorities to reimburse such counties for a portion of their expenditures for the capital costs of constructing and equipping regional jails. Referred to the Committee on State Institutions & Property. HB 312. By Representatives Thomas of the 148th and Pelote of the 149th: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to change certain provisions relating to school transportation state aid for certain students who reside one and one-half miles or less from the school to which they are assigned. Referred to the Committee on Education. HB 313. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 314. By Representatives Rogers of the 20th and Shaw of the 176th: 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 change the time for answer by the tenant; to change the time for the tenant's tender of rents and cost of the dispossessory warrant; to change provisions relating to appeal. Referred to the Committee on Judiciary. THURSDAY, JANUARY 30, 1997 193 HB 315. By Representatives Heard of the 89th and McBee of the 88th: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of certain records, so as to add restrictions on the disclosure of audit work papers, notes, and draft reports until the audit report has been finalized or the audit terminated. Referred to the Committee on Judiciary. HB 316. By Representatives Williams of the 83rd, Benefield of the 96th, Snelling of the 99th and Dobbs of the 92nd: A bill to amend Article 6 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to turning, starting, and signaling with respect to the uniform rules of the road, so as to provide that whenever a highway or roadway has a central lane in which traffic may enter from either direction for the purposes of making a left turn, no vehicle shall be driven into such central lane except for the purpose of making a left turn, and no vehicle shall enter into such central lane at a location which is more than 200 feet from the location where the vehicle will turn left. Referred to the Committee on Motor Vehicles. HB 317. By Representative Howard of the 118th: A bill to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to the competitive bidding procedure with respect to state purchasing, so as to provide that the Department of Administrative Services shall provide by specific regulations the time at and procedures under which a bid or proposal is required to be received by such department in order for the department to entertain or consider such bid or proposal. Referred to the Intra-Governmental Coordination. HB 318. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, Reaves of the 178th, Floyd of the 138th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for fruit or nut trees and fruit plants or bushes grown or harvested in this state. 1-28-97 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 318. This notice is made prior to or upon reading the bill the first time. /s/ Robert Ray Representative 128th District Referred to the Committee on Ways & Means. HB 319. By Representative Bordeaux of the 151st: A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, so as to permit waiver of disqualification of a court reporter for family relationship. Referred to the Committee on Judiciary. 194 JOURNAL OF THE HOUSE, HB 321. By Representatives Tolbert of the 25th, Barnes of the 33rd, Alien of the 117th and Martin of the 47th: A bill to amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, so as to provide that attorneys may issue such subpoenas under certain conditions. Referred to the Committee on Judiciary. HB 322. By Representative Stancil of the 91st: A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to require that any county or municipal building permit issued in this state shall have certain information printed thereon relative to the possibility that improvements to the property may subject the property to mechanics' and materialmen's liens. Referred to the Committee on Industry. HB 323. By Representatives Twiggs of the 8th and Dobbs of the 92nd: A bill to provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County. Referred to the Committee on State Planning & Community Affairs - Local. HB 324. By Representative Campbell of the 42nd: A bill to amend Code Section 15-21-131 of the Official Code of Georgia Annotated, relating to the imposition of additional fines to fund local victim assistance programs, so as to provide for the imposition of such fines in magistrate courts. Referred to the Committee on Judiciary. HB 325. By Representatives Bordeaux of the 151st, Davis of the 60th and Alien of the 117th: A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports. Referred to the Committee on Judiciary. HB 326. By Representatives Teague of the 58th, McKinney of the 51st, Randall of the 127th, Henson of the 65th and McClinton of the 68th: A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, so as to provide that any law enforcement agency shall immediately open an investigation upon receipt of a report that a person with Alzheimer's disease is missing. Referred to the Committee on Public Safety. THURSDAY, JANUARY 30, 1997 195 HB 327. By Representative Rogers of the 20th: A bill to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in magistrate courts, so as to change the maximum amount of filing fees when the amount in controversy is $200.00 or less. Referred to the Committee on Judiciary. HB 328. By Representative Reichert of the 126th: 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 change certain provisions relating to when lighted headlights are required. Referred to the Committee on Motor Vehicles. HB 329. By Representative Reichert of the 126th: A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of service charge which may be recovered on a bad check. Referred to the Committee on Judiciary. HB 330. By Representatives Parham of the 122nd, Graves of the 125th, Parrish of the 144th, Martin of the 145th and Twiggs of the 8th: A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharmacies. Referred to the Committee on Health & Ecology. HB 331. By Representatives Lane of the 146th, Bordeaux of the 151st, Hammontree of the 4th, Martin of the 47th and Orrock of the 56th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the cost of collection may also include reasonable attorneys' fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit. Referred to the Committee on Industrial Relations. HR 142. By Representatives Bates of the 179th and Ponder of the 160th: A resolution authorizing the conveyance of certain state owned real property located in Decatur County. Referred to the Committee on State Institutions & Property. HR 143. By Representatives Day of the 153rd and Everett of the 163rd: 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. 196 JOURNAL OF THE HOUSE, HR 144. By Representative Royal of the 164th: A resolution compensating Mr. Donnie Henry. Referred to the Committee on Appropriations. HR 145. By Representative Cash of the 108th: A resolution compensating Mr. Chad B. Kee. Referred to the Committee on Appropriations. HR 158. By Representatives Bannister of the 77th, Johnson of the 84th, Coleman of the 80th, Davis of the 60th and Massey of the 86th: 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 159. By Representative Poag of the 6th: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes Memorial Bridge". Referred to the Committee on Transportation. HR 160. By Representative Greene of the 158th: A resolution creating the House Hunter Notification Study Committee. Referred to the Committee on Rules. HR 161. By Representative Dixon of the 168th: A resolution compensating Ms. Deborah Ann Joyce Brinson. Referred to the Committee on Appropriations. HR 162. By Representative Ladd of the 59th: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 9 HB 12 HB 20 HB 247 HB 248 HB 249 HB 250 HB 251 HB 252 HB 253 HB 254 HB 255 HB 256 HB 257 HB 258 HB 259 THURSDAY, JANUARY 30, 1997 197 HB 260 HB 261 HB 262 HB 263 HB 264 HB 265 HB 266 HB 267 H tlDR 9ZROBO HR 9RQ HB 270 HMRB 247f ?1 H noR 9t7i9t HH 97Q HR 9*74 nD ^/D HnRo 9^7/Co HB 277 no 278 HB 279 UR 9an WTJTD3 ZOVQU1 HBK 282 HB 283 HB 284 HB 285 HB 286 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 IJD OQ TTO "on"rr Ht5 ^9/ HB 298 HB TTIJ 3, 2, -. TjT3 110 "K 11 * HHRR 111143 tTO 11K "uoK 1110&0 uo i oc HR 136 HniRv 1IDQ7i HWRK nlda8 HR 139 SB 35 SB 37 SB 47 SB 48 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 112 Do Pass Respectfully submitted, M Sinkfield of the 57th Chairman Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 214 Do Pass Respectfully submitted, /s/ Birdsong of the 123rd Chairman 198 JOURNAL OP THE HOUSE, Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 19 Do Pass HB 246 Do Pass Respectfully submitted, Is,/ 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 following recommendation: HB 111 Do Pass Respectfully submitted, 1*1 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 following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 72 Do Pass HB 287 Do Pass, as Amended Respectfully submitted, /s/ Lucas of the 124th Chairman Representative Hudson of the 156th 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 recommendations: HB 71 Do Pass, by Substitute HB 172 Do Pass, by Substitute HB 173 Do Pass, by Substitute THURSDAY, JANUARY 30, 1997 199 Respectfully submitted, /s/ Hudson of the 156th Chairman Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 97 Do Pass Respectfully submitted, M Lord of the 121st Chairman Representative Manner 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 167 Do Pass, by Substitute Respectfully submitted, /s/ Hanner of the 159th Chairman Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 92 Do Pass, by Substitute HB 187 Do Pass HB 190 Do Pass, by Substitute Respectfully submitted, /s/ Twiggs of the 8th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: 200 JOURNAL OF THE HOUSE, HR 140 Do Pass HR 141 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 178 Do Pass SB 15 Do Pass Respectfully submitted, /s/ Randall of the 127th Chairman Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 139 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 98 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: THURSDAY, JANUARY 30, 1997 201 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 234 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 49 Do Pass HR 106 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 234. By Representatives Bates of the 179th and Ponder of the 160th: A bill to repeal an Act creating a Small Claims Court in Decatur County (later renamed the Magistrate Court); to provide for the nonpartisan nomination and election of the chief magistrate of Decatur 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 YAnderaon YAshe Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day YDeLoach, B Y DeLoach, G Dii Y Diion, H Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley Y Hammontree Y Banner Y Harbin Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce N Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Lucas Y Maddoz Mann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock Farham Y Parrish E Parsons Pelote Y Perry Pinholster Poag Y Polak E Ponder Porter Y Powell 202 JOURNAL OF THE HOUSE, YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett Y Scheid Y Scott Shanahan Shaw YSherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Smith,? Y Smith, T Y Smith, V Smyre N Snefflng YSnow YStaUings Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 143, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representative Heard of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House: HB 58. By Representative Greene of the 158th: A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the compensation of the members of the board of education. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 140. By Representatives Wiles of the 34th, Shipp of the 38th, Sauder of the 29th, Cooper of the 31st, Parsons of the 40th and others: A resolution commending the Kennesaw State University Fighting Owls Baseball Team and inviting the Fighting Owls to appear before the House of Representative. HR 141. By Representatives Wiles of the 34th, Shipp of the 38th, Sauder of the 29th, Cooper of the 31st, Parsons of the 40th and others: A resolution commending the Kennesaw State University Lady Owls Softball Team and inviting the Lady Owls to appear before the House of Representatives. The following Resolutions of the House were read and referred to the Committee on Rules: HR 163. By Representatives Hugley of the 133rd, Taylor of the 134th and Jones of the 71st: A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting Dr. Lucretia Payton-Stewart, the South Atlantic Regional Director, and the members of that sorority to appear before the House of Representatives. THURSDAY, JANUARY 30, 1997 203 HR 164. By Representatives Johnson of the 84th and Walker of the 87th: A resolution commending the Loganville Middle School Band and director Conrad Cheney and inviting the director and members of the band to appear before the House of Representatives. HR 165. By Representative Titus of the 180th: A resolution commending the 1996 Thomas County Central High School football team and inviting the team and coaching staff to appear before the House of Representatives. HR 169. By Representative Birdsong of the 123rd: A resolution commending the 1996 Twiggs Academy, Inc., Lady Trojans Varsity Softball Team and inviting the team to appear before the House of Representatives. HR 170. By Representatives Birdsong of the 123rd, Smith of the 175th, DeLoach of the 172nd, Sims of the 167th, Poag of the 6th and others: A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives. Representative Mann of the 5th arose to a point of personal privilege and addressed the House. Representative Polak of the 67th arose to a point of personal privilege and addressed the House. Representative Davis of the 48th 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 127. By Representatives Shaw of the 176th and Franklin of the 39th: 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: Y Alien Y Andersen YAshe Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Connell Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G 204 JOURNAL OF THE HOUSE, YDix Y Dixon, H Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Grindley Y Hammontree Y Manner Harbin Heard YHecht Hecks tall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak E Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberta Y Rogers Y Royal Y Sanders Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Y Smyre Y SneUing YSnow YStallings Y Stancil, F Y StancU, S Y Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTfflman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 130. By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th: A bill to amend Chapter 5 of Title 2 of the Official Code of Georgia Annotated, known as the "Department of Agriculture Registration, License, and Permit Act," so as to authorize the Department of Agriculture to accept applications either in writing or through available electronic media approved by the Commissioner. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Connell Cooper 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 YDobbu Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak E Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves THURSDAY, JANUARY 30, 1997 205 YReichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders YSauder Y Scarlett YScheid Y Scott Y Shanahan YShaw Y Sherrffl Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spin- On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker assumed the Chair. HB 205. By Representatives Powell of the 23rd, Parham of the 122nd, Walker of the 141st, Lee of the 94th, Buck of the 135th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to provide that license plates and revalidation decals shall be issued to vehicle owners instead of assigned to vehicles. 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 certain terms; provide that license plates and revalidation decals shall be issued to vehicle owners instead of assigned to vehicles; to provide that license plates and revalidation decals shall be transferred between vehicles in certain circumstances; to change certain provisions relating to operation of a vehicle with improperly transferred plates; to change certain provisions relating to operation of unregistered vehicles; to change certain provisions relating to motor vehicle registration and license requirements; to change certain provisions relating to license plates and revalidation decals; to change certain provisions relating to display of license plates; to change certain provisions relating to registration of delinquent vehicles; to change certain provisions relating to issuance of license plates; to change certain provisions relating to transfer of license plates and revalidation decals; to change certain provisions relating to issuance of license plates or revalidation decals for salvage or rebuilt vehicles; to change certain provisions relating to special, distinctive, commemorative, promotional, and prestige license plates; to change certain provisions relating to transfer of special license plates; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to effect of actions taken to avoid payment of taxes; to define certain terms; to change certain provisions relating to motor vehicles subject to ad valorem taxation; to change certain provisions relating to ad valorem taxation of motor vehicles owned by dealers; to change certain provisions relating to returns for ad valorem taxation of motor vehicles; to change certain provisions relating to what constitutes return of motor vehicles for ad valorem taxation; to change certain provisions relating to transfers of annual motor vehicle license fees, licenses, and plates; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (39) of Code Section 40-1-1, relating to definitions, and inserting in its place the following: 206 JOURNAL OF THE HOUSE, "(39) 'Owner' means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person, but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title." SECTION 2. Said title is further amended by striking Code Section 40-2-6, relating to alteration of license plates or operation of a vehicle with altered or improperly transferred plates, and inserting in its place the following: "40-2-6. Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor." SECTION 3. Said title is further amended by striking subsection (b) of Code Section 40-2-8, relating to operation of unregistered vehicles, and inserting in its place the following: "(b) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle er a vehicle which docs et have a current and- valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 36 day period within which the purchaser is required by Code Section 40-2-20 to register er transfcrthe registration ef such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration ef transfer ef registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties." SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-20, relating to motor vehicle registration and license requirements, and inserting in its place the following: "(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, except as provided in paragraph (3) of this subsection, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period. The purchaser or other transferee owner of every new or used motor vehicle er ether caeter vehicle which docs et have a current ad valid Georgia registration, including tractors and motorcycles, or trailer shall, within 36 days ef the date ef purchase the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs THURSDAY, JANUARY 30, 1997 207 in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a used motor vehicle and holds it for resale. 3%e purchaser ef every ased meter vehicle, including tractoro and motorcycles, or trailer which is currently registered shaH; within 30 days- 40-2-42. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia last certificate of registration on such vehicle at the time of such sale or transfer er; if- saeh vehicle dees net have a current and- valid- Georgia certificate ef- registration, the last certificate ef- registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer provide the certificate of registration for such vehicle, but such a person or entity other than a lessor shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that at these eases where there is ne current and- valid Gcorgia certificate ef- rcgiatration er in these situations where the person, company, er corporation selling er transferring the meter vehicle dees- net possess the- certificate ef- PC18litfttlODt TuR tttC J3UFCI1CL9&P Of tf&R8IGF66 Or SUCfi iSftOtOF V&nlCiC) n flUCft pUPCfl&SG? e transferee is licensed meter vehicle dealer; ay apply te the appropriate eeanty erstate for a replacement certificate ef registration." SECTION 5. Said title is further amended by striking Code Section 40-2-21, relating to registration periods, and inserting in its place the following: "40-2-21. (a) As used in this chapter, the term: (.1) 'Initial registration period' means the 30 day period immediately following the date of purchase or other acquisition of a new or used motor vehicle, including tractors and motorcycles, or trailer. (.2) 'Owner' has the meaning provided by paragraph (39) of Code Section 40-1-1 except that such term shall mean a lessee of a vehicle when the vehicle is operated under a lease agreement. (1) 'Registration period' means: (A) In all counties except those for which a local Act has been enacted pursuant to this Code section: (i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A or B; (II) The month of February for the owner whose name begins with the letter C orD; (III) The month of March for the owner whose name begins with the letter E orF; (IV) The month of April for the owner whose name begins with the letter G orH; (V) The month of May for the owner whose name begins with the letter I or J; (VI) The month of June for the owner whose name begins with the letter K or L; 208 JOURNAL OF THE HOUSE, (VII) The month of July for the owner whose name begins with the letter M orN; (VIII) The month of August for the owner whose name begins with the letter OorP; (IX) The month of September for the owner whose name begins with the letter QorR; (X) The month of October for the owner whose name begins with the letter S or T; (XI) The month of November for the owner whose name begins with the letter U, V, or W; and (XII) The month of December for the owner whose name begins with the letter X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, January December 1 through April 36 February IS for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period: (i) For natural persons: (I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the cer- tificate of title or other record of ownership and whose birthday is in the month of October, November, or December; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A, B, C, or D; (II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K; (III) The month of March for the owner whose name begins with the letter L, M, N, 0, P, Q, or R; and (IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, January December 1 through April 36 February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (C)(i^ In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30. (ii) The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons. For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88. (2) 'Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20. THURSDAY, JANUARY 30, 1997 209 (b) The owner of every vehicle registered in the previous calendar year shall register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. fee lessee ef a vehicle -being operated der a tease agreement must *eg- rcgistration period ef- the lessee. (c) The owner of any vehicle registered in the previous calendar year who moves his or her residence from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggered registration e* the new owner of a vehicle rcgiatcrcd the previous coiciiciof ycflp wxiicft wftfl IFflustcrrcu. TO sucn new owncf flit/Cf trie new owner 3 IIOH period wzio resides m ft county winch n&s ~tt stft^^fcPCQ re^istrfltion penou unices such vehicle has a current registration, register and obtain a license to operate such vehicle prior to the last day of such new owner's registration period or, if such registration period has passed for that year at the time of the change of residence r at the time ef transfer, not later than 30 days following the date of the change of residence (d) The transferee owner of a new or unregistered used vehicle shall register and obtain or transfer a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20. (e) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be verified to the Department of Revenue." SECTION 6. Said title is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, and inserting in its place the following: "40-2-31. (a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign te the vehicle issue to the applicant a license plate bearing a distinctive number. (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance. Metal license plates issued on or after January 1, 1997, shall be used for a period of five years. (b.l) Any valid license plate or revalidation decal assigned to a vehicle under former provisions of this Code section prior to the effective date of this subsection shall be deemed issued to the current registrant of such vehicle on the effective date of this subsection. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet. (d) In those years in which a metal plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned te the vehicle issued to the applicant which shall indicate the year and 210 JOURNAL OF THE HOUSE, month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. (f) A county tag agent shall issue a county name decal for the agent's county only if: (1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and (3) The application for registration of the vehicle is being made in the county named on the decal." SECTION 7. Said title is further amended by striking subsection (d) of Code Section 40-2-32, relating to special license plates commemorating a college or university, and inserting in its place the following: "(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section may shall be transferred between vehicles as provided in Code Section 40-2-80 40-2-42." SECTION 8. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, and inserting in its place the following: "(2) fe these instances wherein a vehicle shall be purehaacd from a aeHer wne is county of liftc residency of tftc purctiftscf^ the vft &6Hv wttcrc Tttc VGHICIC 19 FOvUntod fef taxation shall eeUeet the required fee fer the registration e* the vehicle and? at therequest ef- the purchaser, transmit the fee and the application for rcgiatration along ftft flp prOpHrt C6FtlIiCfll6) WftlCIl Snftlr lHQMIfltC Wlftt flll CtCr VfllOWSUft1 flfiVC DCCH pfllu) TO tttC vfi ft^fCHv Or tttC COUH*y Or tftO pUfCflQSCF B whe shall katte the required license plate or rcvolidotion deeak The tag agent transfer ring- the application shell net be entitled to the fee prcocribcd for- h services as- agentef- the comminaieaef fer that purpose Reserved." SECTION 9. Said title is further amended by striking subsection (a) of Code Section 40-2-40, relating to registration of delinquent vehicles, and inserting in its place the following: "(a) The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, after the expiration of the owner's registration period, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 30 days ef ke purchase an initial registration period." THURSDAY, JANUARY 30, 1997 211 SECTION 10. Said title is further amended by striking Code Section 40-2-41, relating to display of license plates, and inserting in its place the following: "40-2-41. Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate assigned issued to it the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor." SECTION 11. Said title is further amended by striking Code Section 40-2-42, relating to transfer of license plates and revalidation decals, and inserting in its place the following: "40-2-42. (a) A license plate or revalidation decal, when issued, shall set be transferred from one vehicle to another esA ahaH net be ased- by any ether person- er pe any vehicle ether thaa the ene te which it assigned, except vehicle of the same class acquired bjr the same person as otherwise provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter. (b) The commissioner is authorized te shall provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $5.00, and, upon preparation and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals ay shall be transferred from one perae* vehicle to another vehicle of the same class of which ownership is subsequently acquired by the same person upon that person's transfer of the vehicle for which such plate was originally issued. If upon transfer of a vehicle a person acquires a vehicle of a different class, he or she shall submit the license plate currently issued to him or her for cancellation and, upon payment of any additional fee for registering such new vehicle, the commissioner shall issue a new license plate to such person for use on such vehicle. License plates and revalidation decals shall be transferred only during the calendar year period for which issued. A perae acquiring a vehicle with ait expired annual license plate er expired five-year license plate ahaU obtain a current year annual license plate er a- current year revalidation deeat fts ppovidcu xOF oy tills SECTION 12. Said title is further amended by striking Code Section 40-2-45, relating to issuance of license plates or revalidation decals for salvage or rebuilt vehicles, and inserting in its place the following: "40-2-45. !Fhe commiaaieBer ahall net issue a license plate er revalidation decal for any No person shall transfer a license plate or decal from one vehicle to any other motor vehicle which is a 'salvage' or 'rebuilt' motor vehicle as provided in Chapter 3 of this title unless the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-37 has been performed and such vehicle has been determined to be in full compliance with the law." 212 JOURNAL OF THE HOUSE, SECTION 13. Said title is further amended by striking subsection (g) of Code Section 40-2-49, relating to license plates promoting the Nongame-Endangered Wildlife Protection Program, and inserting in its place the following: "(g) K ft vehicle ewner te whom the department has issued a wildlife Wildlife conservation fund license plate acquires ft replacement vehicle wtthm the owner's registration period, the department shall authorize ft transfer ef- the Heense plate te the replacement plates shall be transferred from one vehicle to another subsequently acquired vehicle in accordance with the provisions of Code Section 40-2-42." SECTION 14. Said title is further amended by striking Code Section 40-2-61, relating to special license plates for certain officers of federal and state government, and inserting in its place the following: "40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and may shall be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34." SECTION 15. Said title is further amended by striking Code Section 40-2-62, relating to special license plates for members of the General Assembly, and inserting in its place the following: "40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section ay shall be transferred to another vehicle as provided in Code Section 40-2-80." SECTION 16. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 40-2-65, relating to special license plates for active reserve components of the United States, and inserting in its place the following: THURSDAY, JANUARY 30, 1997 213 "(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the united ot&tes luiiixsry reserve ~ sucn piste dii&ij. oe removeQ. snct tfte flittfioi"ity v& use the plate shall thereby be canceled; however, after such a transfer ef- ownership occurs, shetrid the said reservist acquire and acquisition by the reservist of another motor vehicle, the license plate issued pursuant to this Code section may- shall be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate." SECTION 17. Said title is further amended by striking subsection (b) of Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, and inserting in its place the following: "(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard' r sefe plate shall be removed and nte fliiuiopity v& use trie sftme sn&it Mioreuy DC cflnceiccij fiowevef> flitcr sucii ft trtmsrcr of ownership occurs, shettM the said member er retired member ef the National Guard acquire and acquisition by the member or retired member of the National Guard of another motor vehicle, the license plate issued pursuant to this Code section may shall be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after purchasing a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate." SECTION 18. Said title is further amended by striking subsection (b) of Code Section 40-2-67, relating to special license plates for state commanders of nationally chartered veterans'; organizations, and inserting in its place the following: "(b) License plates issued under this Code section may not be transferred so as to be used by any person other than the person to whom such plate was originally issued but may shall be transferred to another vehicle as provided in Code Section 40-2-80, except 214 JOURNAL OF THE HOUSE, that such plates shall not be used by any person after vacating the office of commander of any of the organizations enumerated in this Code section." SECTION 19. Said title is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor Winners, and inserting in its place the following: "(a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates stay shall be transferred to another vehicle subsequently acquired by the Medal of Honor recipient as provided in Code Section 40-2-80." SECTION 20. Said title is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, and inserting in its place the following: "40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate may shall be transferred to another vehicle subsequently acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section." SECTION 21. Said title is further amended by striking subsection (b) of Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, and inserting in its place the following: "(b) Such license plates so issued may shall be transferred to another vehicle subsequently acquired bjr such disabled veteran as provided in Code Section 40-2-80." SECTION 22. Said title is further amended by striking subsection (b) of Code Section 40-2-73, relating to special license plates for former prisoners of war, and inserting in its place the following: "(b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes THURSDAY, JANUARY 30, 1997 215 and registration fees, shall be issued additional distinctive personalized license plates. Such license plates ay shall be transferred to another vehicle subsequently acquired by such person individually or jointly with his or her spouse as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles." SECTION 23. Said title is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in its place the following: "(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section stay shall be transferred to another vehicle subsequently acquired by such person as provided in Code Section 40-2-80." SECTION 24. Said title is further amended by striking subsection (c) of Code Section 40-2-75, relating to special license plates for amateur radio operators, and inserting in its place the following: "(c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates ay shall be transferred to another vehicle subsequently acquired by such person as provided in Code Section 40-2-80." SECTION 25. Said title is further amended by striking subsection (e) of Code Section 40-2-77, relating to special license plates for antique vehicles, and inserting in its place the following: "(e) Upon the sale or transfer of any antique vehicle or hobby or special interest vehicle for which special license plates have been issued to a person and the subsequent acquisition of another antique or hobby or special interest vehicle by the same person, the plates may shall be transferred to the purchaser er transferee upon paying $6.00 te the commissieBef subsequently acquired vehicle as provided by Code Section 40-2-80." SECTION 26. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 40-2-78, relating to special license plates for firefighters, and inserting in its place the following: "(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified & CftHCClCQJ IIOWCVCF) flltCr 9UCI1 ft iFflllSIOr Or OWH6fSfllp OCCUf9? SJlOUlCl tn& and acquisition b^ the certified firefighter aeqtrire of another motor vehicle, the license plate issued pursuant to this Code section ay shall be transferred between vehicles as provided in Code Section 40-2-80." SECTION 27. Said title is further amended by striking Code Section 40-2-80, relating to transfer of special license plates, and inserting in its place the following: "40-2-80. The commissioner is authorized to shall provide by rules and regulations appropriate procedures whereby, upon the payment of the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decafs, the special and distinctive license plates and special personalized prestige license plates authorized by this article nay be used pea and shall be transferred to vehicles ether than another vehicle of which ownership is subsequently acquired by_ the same person upon that person's transfer of the vehicle for which such plate was originally issued." SECTION 28. Said title is further amended by striking Code Section 40-2-83, relating to special or prestige license plates for jointly owned vehicles, and inserting in its place the following: 216 JOURNAL OP THE HOUSE, "40-2-83. (a) Notwithstanding any other provision of law, any resident person who is authorized to obtain a special or prestige license plate pursuant to this article may, upon complying with the motor vehicle laws relating to licensing, registration, and fees, obtain such special or prestige license plate in his or her own name and the name of any other person with whom he or she jointly owns a motor vehicle. license piftte Qjfid who su Dsecjuentiy flCQUires ft motor vehicle jointly with ctnotncf &nd who wishes TO pi&cc such spcciQi of prestige license piflte on sucft jointly ownc r Hwrtop vehicle shall aetify the commissieftef m sash manner as the commissieRef may prcaeribc by regulation and shall pay a transfer fee f $6.00, whereupon the commissioner sh&H change tine registration fe* seh Keense plate te reflect such joint ownership. ^e) (b) Upon the transfer of a jointly owned vehicle upon which there is a special or prestige license plate and the subsequent joint acquisition of a motor vehicle in the aete rteme names of the person who is authorized to obtain such special or prestige license plate pursuant to this article and the same other previous joint owner, such perse shall notiiy the commissionsr m such fti&nneT fts the commis9loner shftn prescnDC i&y re\iift~ ties and shall pay a transfer fee ef $6.00, whereupon the commissioner shaH change the registration ef such special e prestige plate te reflect the sete ownership fey seh individual the license plate shall be transferred as provided by Code Section 40-2-80. {d} (c) If any resident person who is authorized to obtain a special or prestige license plate and who has been issued a special or prestige plate for a jointly owned vehicle dies or for any other reason is no longer a joint owner of such vehicle, the surviving owner of such vehicle shall surrender the license plate to the commissioner and shall obtain a regular license plate or some other type of special or prestige license plate upon complying with the motor vehicle laws relating to registration, licensing, and fees." SECTION 29. Said title is further amended by striking subsection (d) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in its place the following: "(d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry." SECTION 30. Said title is further amended by striking subsection (d) of Code Section 40-2-85, relating to license plates for veterans who survived Pearl Harbor, and inserting in its place the following: "(d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section ay shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased survivor of the Japanese attack on Pearl Harbor on December 7, 1941, shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned THURSDAY, JANUARY 30, 1997 217 by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry." SECTION 31. Said title is further amended by striking subsection (d) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in its place the following: "(d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section ay shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry." SECTION 32. Said title is further amended by striking subsection (b) of Code Section 40-2-86, relating to special license plates for emergency medical technicians, and inserting in its place the following: "(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section ^ rueh plate sucLu T&C' PCmoveo. sue* ui& flutiioniy to use tnc pi&i6 sjiftir tnopc Dy DC cflnccicdj nowevcr, after such a transfer ef- ownership occurs, shmrid a and acquisition by the emergency medical technician acquire of another motor vehicle, the license plate issued pursuant to this Code section may shall be transferred between vehicles as provided in Code Section 40-2-80." SECTION 33. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-2-61, relating to effect of actions taken to avoid payment of taxes, and inserting in its place the following: "(a) All deeds of gift, mortgages, sales, transfers of titles to motor vehicles, and assignments of property of any kind made to avoid payment of taxes and all judgments procured for the purpose of avoiding payment of taxes shall be null and void." SECTION 34 Said title is further amended by striking Code Section 48-5-440, relating to definitions of certain terms for purposes of ad valorem taxation of motor vehicles and mobile homes, and inserting in its place the following: "48-5-440. As used in this article, the term: (1) 'Antique or hobby or special interest motor vehicle' means a motor vehicle which is 25 years old or older as indicated by the model year or a motor vehicle which has been designed and manufactured to resemble an antique or historical vehicle. (2) 'Driver educational motor vehicle' means a motor vehicle which is furnished and assigned to a public school in this state for use by the school in a program of driver education when the assignment is authorized and approved by the local board of education. (2.1) 'Initial registration period' has the same meaning as provided in paragraph (.1) of subsection (a) of Code Section 40-2-21. 218 JOURNAL OF THE HOUSE, (3) 'Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. (4) 'Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment as defined in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in t'uis state. (5) 'Owner' has the same meaning as provided in paragraph (.2) of subsection (a) of Code Section 40-2-21. (6) 'Registration period' has the same meaning as provided in paragraph (1) of subsection (a) of Code Section 40-2-21." SECTION 35. Said title is further amended by striking Code Section 48-5-471, relating to motor vehicles subject to ad valorem taxation, and inserting in its place the following: "48-5-471. Every motor vehicle owned in this state by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property ely if- owned fey stiefe natural pewea at ay time dtmng- sweh person's rcgistratie period as provided in Code Section 48-5-473. Every vehicle owned in this state by an entity other than a natural person is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property tf owned fey swefe entity at any time daring- stiehentity's registration peried as provided in Code Section 48-5-473. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself." SECTION 36. Said title is further amended by striking Code Section 48-5-472, relating to ad valorem taxation of motor vehicles owned by dealers, and inserting in its place a new Code Section 48-5-472 to read as follows: "48-5-472. (a) For the purpose of this Code section, the term 'dealer' means any person who is engaged in the business of selling motor vehicles at retail and who holds a valid current dealer's identification number issued by the department. (b)lj Motor vehicles which are owned by a dealer and held in inventory for resale are not included within the distinct classification of tangible property made by this article for all other motor vehicles. The procedures prescribed in this article for returning motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on motor vehicles do not apply to such motor vehicles which are owned by a dealer. Mete* Such motor vehicles which are owned by a dealer shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such motor vehicles until they become subject to taxation as provided in Code Section 48-5-471. No vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax. (2) For purposes of this subsection, all demonstrator vehicles owned b_ a dealer shall be deemed to be held by such dealer in inventory for resale, regardless of whether such demonstrator vehicles are registered or licensed." SECTION 37. Said title is further amended by striking Code Section 48-5-473, relating to returns for ad valorem taxation of motor vehicles, and inserting in its place the following: "48-5-473. (a)(l) Each yea* Except as provided in paragraph (2) of this subsection, every owaer of a motor vehicle subject to taxation under this article shall return the motor vehicle THURSDAY, JANUARY 30, 1997 219 for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time ef th first sate er transfer ef the meter vehicle, provided Tnat UIX63 snalx OC due 'Sn til fiime Of 76fIStPft11Oil OT tPflnSICP Of regl9tFfltiOH Only n such vehicle was ewaed darkf the owner's registration peried. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as provided far in thfe Code section not later than December 31 of each year, but no license plate need be purchased. (2) (A) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time a vehicle is registered during any initial registration period for such vehicle unless the date of purchase or other acquisition of the motor vehicle or the date of application for such an initial registration occurs within the owner's registration period as defined in paragraph (1) of subsection (a) of Code Section 40-2-21. (B) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time of a transfer of the vehicle, (b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation;] provided^ however, that taxes shall be due at the time of registration transfer ef- registration ely tf such vehicle was ewned fkjring the owner's registration period as provided in subsection (a) of this Code section." SECTION 38. Said title is further amended by striking Code Section 48-5-474, relating to what constitutes return of motor vehicles for ad valorem taxation, and inserting in its place the following: "48-5-474. The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The commissioner is directed to prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article." SECTION 39. Said title is further amended by striking Code Section 48-10-5, relating to transfers of annual license fees, licenses, and plates, and inserting in its place the following: "48-10-5. 1 fie annual fee paid tOT tflC 11 CO n Sin Of tftC Operation Of a VClllClC and tn6 11CCH9C Ulu plate issued ror trie vcnicie may oe transi6rred irom one person to snowier upon paymen* ef a fee ef $1.00 for the transfer an4 upon preparation and- filing ef an- appropriate application for the transfer. Eaek tax commissioner or tax collector shall retain as commission 50 ten I Tjf CHt'h $1.00 lullcLlrd for the U idusfci trf a niutui vehicle lu-cuac and plate* 1 ne ices and commissions snail -oe turned over TO tne county treasury on a monthly basis te be made a part of th general funds ef- the county Reserved." SECTION 40. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval, except that divisions (a)(l)(A)(iii), (a)(l)(B)(iii), and (a)(l)(C)(ii) of Code Section 40-2-21 as enacted by this Act shall become effective on May 1, 1997. 220 JOURNAL OF THE HOUSE, SECTION 41. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Ladd of the 59th, et al. move to amend the Committee substitute to HB 205 by striking lines 25 through 36 of page 1 and inserting in their place the following: "relating to revenue and taxation, so as to change the time at which ad valorem taxes on certain motor vehicles become due and payable; to change certain provisions relating to transfers; to provide for related matters; to provide". By striking line 15 of page 24 through line 32 of page 28 and inserting in their place the following: "to revenue and taxation, is amended by striking Code Section 48-5-471, relating to ad valorem taxation of motor vehicles, and inserting in its place a new Code Section 48-5-471 to read as follows: '48-5-471. (a) Every motor vehicle owned in this state by a natural person on January 1 is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem ULX on property only tf owned ~oy such H&XUFCLI person trt ftny time o.unn sucft pcraon'a registration period. (b) Every vehicle owned in this state by an entity other than a natural person on January 1 is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property if- owned- by saeh entity at any time daring such entity's registration period-. (c) Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself.' SECTION 34. Said title is further amended by striking subsection (a) of Code Section 48-5-473, relating to returns for taxation, and inserting in its place a new subsection (a) to read as follows: '(a) Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned daring the owner's registration period- b_ the taxpayer on January 1 of that taxable year. In the event the taxpayer owns the motor vehicle on January 1 of the taxable year and sells or otherwise transfers title to such motor vehicle after January 1 of the taxable year but prior to the time of registration, such taxes shall be due at the time of such sale or transfer. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as provided for in this Code section, but no license plate need be purchased.'" By redesignating Sections 40 and 41 as Sections 35 and 36, respectively. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Andereon Y Aahe N Bailey N Baker Y Bannister N Baifoot N Barnard N Barnes N Bates N Benefleld N Birdsong Y Bohannon N Bordeaux Y Bradford THURSDAY, JANUARY 30, 1997 221 Y Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn Y Burkhalter NByrd Y CampbeU Y Canty N Carter YCash N Channel! N ChUders Y Clark YCoan Y Coleman, B N Coleman, T N Connell N Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDix N Diion, H Dixon, S YDobbs N Dukes YEhrhart NEpps Y Evans Y Everett N Felton NFloyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hanunontree N Manner N Harbin Heard YHecht Heckstall N Hegstrom N Henson Y Holland N Holmes Y Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ybvin Y Jackson N James N Jamieson YJenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly NLane Lee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller YO'Neal NOrrock N Parham N Parrish N Parsons Pelote Y Perry Y Pinholster YPoag NPolak E Ponder N Porter N Powell NPurcell NRagas NRandall NRay Y Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott N Shanahan NShaw Y SherriU NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W E Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y SneUing NSnow NStallings N StancU, F Y Stancil, S N Stanley, L Stanley, P N Taylor Teague NTeper N Thomas NTUlman Y Titus N Tolbert YTrense Tumquest YTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker N Wiles N Williams, B Y Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 74, nays 92. The amendment was lost. Representative Heard of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. The following amendment was read and adopted: Representative Ladd of the 59th, et al. move to amend the Committee substitute to HB 205 by inserting between "48-5-473" and the period on line 31 of page 25 the following: "; provided, however, that under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle". By inserting the following between lines 24 and 25 of page 27: "(a.l) Notwithstanding any other provision of this Code section to the contrary, under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle." The Committee substitute as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck 222 JOURNAL OF THE HOUSE, Y Buckner N Buim Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Council Y Cooper Y Crawford Y Crews Y Culbreth Y Cumminga Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Heckstall Y Hegstrom YHenson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce NKaye NLadd NLakly YLane Lee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Fairish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak E Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Tumquest YTwiggs Y Walker, L N Walker, R.L YWest N Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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. Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 207 Do Pass HB 260 Do Pass, as Amended Respectfully submitted, /s/ Holmes of the 53rd Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: THURSDAY, JANUARY 30, 1997 223 HB 124 Do i ass, by Substitute HB 125 Do Pass, by Substitute Respectfully submitted, /s/ Martin of the 47th Chairman Representative Jamieson of the 22nd District, Vice-Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 15 Do Pass HB 83 Do Pass HB 84 Do Pass Respectfully submitted, /s/ Jamieson of the 22nd Vice-Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 224 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Friday, January 31, 1997 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 Auhe Bailey Baker Barfoot Barnard Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buckner Bunn Burkhalter Campbell Carter Cash Channell Childers Clark Coan Coleman, B Coleman, T Cooper Crawford Crews Culbreth Cummings DeLoach, G DUon, H Dixon, S Dobbs Dukes Ehrhart Evans Everett Felton Franklin Golden Graves Greene Grindley Hammontree Manner Harbin Hecht Hegstrom Henson Holland Howard Hudgens Hudson, H Hugley Irvin Jackson James Jenkins Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Mann Manning Martin, J Massey McBee McCall Milk Mosley Mueller O'Neal Orrock Parrish Parsons Pelote Perry Pinholster Poag Polak Ponder Powell Ragas Ray Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sims Skipper Smith, C Smith, C.W Smith, L.R Smith, P Smith, T Smith, V Snelling Snow S tailings Stancil, F Stancil, S Taylor Teague Teper TiUman Titus Tolbert Trense Twiggs Walker, L Walker, R.L Westmoreland Whitaker Wiles Williams, B Yates The following members were off the floor of the House when the roll was called: Representatives Canty of the 52nd, Hudson of the 156th, Connell of the 115th, Mobley of the 69th, Alien of the 117th, Martin of the 145th, McClinton of the 68th, Stanley of the 49th, Stanley of the 50th, Bannister of the 77th, Bordeaux of the 151st, Floyd of the 138th, Purcell of the 147th, Davis of the 60th, Reaves of the 178th, Williams of the 83rd, McKinney of the 51st, Porter of the 143rd, Lucas of the 124th, Epps of the 131st, Sinkfield of the 57th, Parham of the 122nd, Smyre of the 136th, Sherrill of the 62nd, Maddox of the 72nd, Turnquest of the 73rd, Heckstall of the 55th and Williams of the 114th. They wish to be recorded as present. Prayer was offered by Dr. Bob Bowling, Pastor, Oak Grove United Methodist Church, Decatur, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. FRIDAY, JANUARY 31, 1997 225 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 21. By Representative Felton of the 43rd: A bill to amend Code Section 12-5-444 of the Official Code of Georgia Annotated, relating to prohibited land and water uses and procedures relating thereto under the Metropolitan River Protection Act, so as to provide that construction of certain structures at certain distances from a stream corridor shall be exempt from the provisions of the Act under certain circumstances. Referred to the Committee on Natural Resources & Environment. HB 332. By Representatives Titus of the 180th, Walker of the 87th and Bates of the 179th: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to require timely notification of the results of certain diagnostic tests. Referred to the Committee on Health & Ecology. HB 333. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to state the base upon and manner in which a certain tax is levied on premiums on certain insurance policies; to provide a mechanism for the refund of taxes erroneously or illegally paid. Referred to the Committee on Retirement. HB 334. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to limit public inspection of certain records maintained by certain public retirement systems; to provide that certain such records shall not be subject to public disclosure. Referred to the Committee on Retirement. 226 JOURNAL OF THE HOUSE, HB 335. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-2-28 of the Official Code of Georgia Annotated, relating to tables, calculations, and schedules for operation of the Employees' Retirement System of Georgia, so as to clarify the calculation of benefits under such retirement system. Referred to the Committee on Retirement. HB 336. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Georgia Firemen's Pension Fund, so as to provide for creditable service for certain prior service. Referred to the Committee on Retirement. HB 337. By Representatives Cummings of the 27th and Shanahan of the 10th: 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 change certain references to the Georgia Firemen's Pension Fund. Referred to the Committee on Retirement. HB 338. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to provide that the surviving spouse of a member of such pension fund who is vested but not yet retired shall be entitled to receive a pension benefit; to provide a survivor's option in the event of the death of any such member not survived by a spouse. Referred to the Committee on Retirement. HB 339. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia, application and eligibility for retirement in such system, and related matters, so as to authorize the board of trustees of such retirement system to qualify the retirement system for certain federal tax treatment. Referred to the Committee on Retirement. HB 340. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to change the name of such pension fund to the "Georgia Firefighter's Pension Fund". Referred to the Committee on Retirement. HB 341. By Representatives Hegstrom of the 66th, Henson of the 65th, Mobley of the 69th, Turnquest of the 73rd, Polak of the 67th and others: A bill to amend an Act creating a new charter for the City of Clarkston, so as to change the method by which vacancies are filled in the office of Mayor or Councilman. Referred to the Committee on State Planning & Community Affairs - Local. FRIDAY, JANUARY 31, 1997 227 HB 342. By Representatives Brooks of the 54th, Holmes of the 53rd, Roberts of the 162nd, Teague of the 58th, Mobley of the 69th and others: A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag. Referred to the Committee on Rules. HB 343. By Representative Jones of the 71st: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board of General Contractors. Referred to the Committee on Industry. HB 344. By Representative Campbell of the 42nd: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and review of assessments, so as to change a provision regarding the status of ad valorem taxes pending review. Referred to the Committee on Ways & Means. HB 345. By Representatives Barfoot of the 155th, Mosley of the 171st, Hanner of the 159th and Bates of the 179th: A bill to amend Code Section 43-51-6.1 of the Official Code of Georgia Annotated, relating to the establishment of a Class IV classification of water system operators, so as to provide that no person being licensed prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent. Referred to the Committee on Natural Resources & Environment. HB 346. By Representative Jones of the 71st: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that elementary students living within one-half mile from school shall be counted as transportation students. Referred to the Committee on Education. HB 347. By Representatives Crawford of the 129th and Barnes of the 33rd: A bill to amend Article 1 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to state courts of counties, so as to change the jurisdiction of state courts of counties; to provide for state court jurisdiction over possession of one ounce or less of marijuana. Referred to the Committee on Special Judiciary. HB 348. By Representative Crawford of the 129th: A bill to amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and disability benefits for the Trial Judges and Solicitors Retirement Fund, so as to change the mandatory retirement age. Referred to the Committee on Retirement. 228 JOURNAL OF THE HOUSE, HB 349. By Representatives Baker of the 70th, Barnes of the 33rd, Martin of the 47th, Alien of the 117th and Dix of the 76th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide procedures and requirements for a new or existing limited partnership to become or continue as a limited liability partnership; to provide for determining when a limited partnership becomes a limited liability partnership. Referred to the Committee on Judiciary. HB 350. By Representative Irvin of the 45th: A bill to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of drivers' licenses, so as to provide for renewal by mail of such licenses and certain identification cards. Referred to the Committee on Motor Vehicles. HB 351. By Representative Teper of the 61st: A bill to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, 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 physically disabled persons and the rights of such persons. Referred to the Committee on Health & Ecology. HB 352. By Representatives Williams of the 83rd, Day of the 153rd and Williams of the 63rd: 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 prohibit sexual contact between an attorney and client in certain circumstances. Referred to the Committee on Judiciary. HB 353. By Representatives Ashe of the 46th, Smith of the 175th, Coleman of the 80th, Sherrill of the 62nd, Trense of the 44th and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 20-2-255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997". Referred to the Committee on Education. HB 354. By Representatives Ashe of the 46th, Smith of the 175th, Coleman of the 80th, Sherrill of the 62nd, Trense of the 44th and others: A bill to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1997," so as to provide for constitutional authority; to provide for legislative findings and intent; to provide for pilot project special schools which may become charter schools. Referred to the Committee on Education. FRIDAY, JANUARY 31, 1997 229 HB 355. By Representatives Teper of the 61st and Henson of the 65th: A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to change certain provisions relating to authorized investments in certain governmental bonds and other securities. Referred to the Committee on Insurance. HB 356. By Representatives Dixon of the 168th, Parham of the 122nd and Powell of the 23rd: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, so as to provide certain re-employment rights for state employees who are terminated from employment as a result of a privatization initiative. Referred to the Committee on State Planning & Community Affairs. HB 357. By Representative Dixon of the 168th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to require approval by voters in a referendum prior to the privatization of certain local governmental services. Referred to the Committee on State Planning & Community Affairs. HB 358. By Representative Dixon of the 168th: A bill to amend Code Section 40-6-123 of the Official Code of Georgia Annotated, relating to motor vehicle turning movements and signals required on turning, changing lanes, slowing, or stopping, so as to require drivers of certain trucks to continue giving required turn or lane change signals for a certain period after completing turns or mergers onto highway roadways. Referred to the Committee on Motor Vehicles. HB 359. By Representatives Canty of the 52nd, Mobley of the 69th, Hegstrom of the 66th, Jamieson of the 22nd, McClinton of the 68th and others: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the insurance industry, so as to prohibit discriminatory acts against victims of abuse. Referred to the Committee on Insurance. HB 360. By Representatives Canty of the 52nd, Scheid of the 17th, Thomas of the 148th, Jamieson of the 22nd, McClinton of the 68th and others: A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to prohibition of certain unfair and deceptive acts or practices in the insurance industry, so as to prohibit discrimination based on postal ZIP Code. Referred to the Committee on Insurance. 230 JOURNAL OF THE HOUSE, HB 361. By Representative Mueller of the 152nd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the procedure for voting by absentee ballot; to allow delivery of a sealed absentee ballot by the elector or by the elector's parent, spouse, son, or daughter. Referred to the Committee on Governmental Affairs. HB 362. By Representative Mueller of the 152nd: A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to change certain provisions regarding sexual offenses. Referred to the Committee on Judiciary. HB 363. By Representative Mueller of the 152nd: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change the provisions relating to applications for permits; to repeal certain provisions relating to visibility of vehicle from which a speed detection device is operated. Referred to the Committee on Motor Vehicles. HB 364. By Representatives Mueller of the 152nd, Snelling of the 99th, Crews of the 78th, Ladd of the 59th, Brown of the 130th and others: A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion. Referred to the Committee on Judiciary. HB 365. By Representatives Benefield of the 96th, Snow of the 2nd and Channell of the lllth: A bill to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the excise tax on motor fuel, so as to provide for a corresponding increase in the per gallon rate of such state tax in the event of a rate reduction of the federal motor fuel tax. Referred to the Committee on Ways & Means. HB 366. By Representative Mueller of the 152nd: A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to authorize a sheriff or police chief of a local law enforcement agency to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control. Referred to the Committee on Public Safety. FRIDAY, JANUARY 31, 1997 231 HB 367. By Representatives Snow of the 2nd, Ladd of the 59th, Day of the 153rd and Shaw of the 176th: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to revise the provisions regarding the time at which ad valorem taxes on certain motor vehicles become due and payable. Referred to the Committee on Ways & Means. HB 368. By Representatives Benefield of the 96th, Snow of the 2nd, Channell of the lllth and Mosley of the 171st: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to provide for the indemnification of state highway employees with respect to death or permanent disability. Referred to the Committee on Transportation. HB 369. By Representatives Bordeaux of the 151st, Barnes of the 33rd, Crawford of the 129th, Campbell of the 42nd and Alien of the 117th: 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 370. By Representative O'Neal of the 75th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to repeal Article 5, known as the "Controlled Substances Therapeutic Research Act". Referred to the Committee on Health & Ecology. HB 371. By Representatives Parrish of the 144th, Parham of the 122nd, Childers of the 13th, Coleman of the 142nd, Twiggs of the 8th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require refunds on certain drug rebates obtained by providers of medical assistance. Referred to the Committee on Health & Ecology. HB 372. 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. 232 JOURNAL OF THE HOUSE, HB 373. By Representatives Childers of the 13th and Parsons of the 40th: 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 regarding certificate of need; to provide for assessments and their payment into the hospital fund of the Indigent Care Trust Fund. Referred to the Committee on Health & Ecology. HB 374. By Representative Powell of the 23rd: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to change the provisions relating to registration requirements for firms of public accountants or certified public accountants. Referred to the Committee on Industry. HB 375. By Representatives Powell of the 23rd, Porter of the 143rd, Teague of the 58th and Parham of the 122nd: A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to change certain provisions relating to duties of persons removing or storing motor vehicles; to change certain provisions relating to creation of liens. Referred to the Committee on Motor Vehicles. HR 166. By Representative Jones of the 71st: A resolution creating the Joint Study Committee on State Spending for Private Counsel. Referred to the Committee on Rules. HR 167. By Representative Royal of the 164th: A resolution authorizing the conveyance of certain state owned real property located in Mitchell County. Referred to the Committee on State Institutions & Property. HR 168. By Representative Crews of the 78th: A resolution compensating Mr. Daniel W. Vining. Referred to the Committee on Appropriations. HR 171. By Representatives Benefield of the 96th, Snow of the 2nd, Channell of the lllth and Mosley of the 171st: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to state highway employees who are or have been killed or permanently disabled in the line of duty on or after January 1, 1999. Referred to the Committee on Transportation. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee: FRIDAY, JANUARY 31, 1997 233 HB 23. By Representatives Felton of the 43rd, Trense of the 44th, Smith of the 12th, Dixon of the 168th, Irvin of the 45th and others: A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipalities, so as to provide for legislative findings and authority; to provide for the creation of municipal charter commissions. 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 299 HB 300 HB 301 HB 302 HB 303 HB 304 HB 305 HB 306 HB 307 TTTJ tiD 308 HB 309 HB 310 TnToQ qj 1 HB 312 HB 322 HB 323 HB 324 HB 325 HB 326 HB 327 HB 328 HB 329 HB 330 HB 1 /IO X HTRlv 1144o^ HR 144 HB 314 HB 315 HB 316 HB 317 HB 319 HB 321 HR 158 HR 159 HR 160 HR 161 HR 162 HB 318 Pursuant to Rule 52, Representative Ray of the 128th moved that the following Bill of the House be engrossed: HB 318. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, Reaves of the 178th, Floyd of the 138th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for fruit or nut trees and fruit plants or bushes grown or harvested in this state. On the motion, the roll call was ordered and the vote was as follows: N Alien NAnderson Ashe Y Bailey Y Baker N Bannister Y Barfoot Barnard Y Bames Y Bates YBenefield Y Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown E Buck Y Buckner N Bunn N Burkhalter Byrd N Campbell Y Canty Y Carter N Cash Y Channell Y Childera N Clark N Coan N Coleman, B Coleman, T Y Connell N Cooper Y Crawford Crews Y Culbreth Y Cummings Davis, G N Davis, M Y Day DeLoach, B N DeLoach, G Dix Y Diion, H Y Diion, S Y Dobbs Dukes N Ehrhart Y Epps N Evans N Everett Felton Y Floyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree Y Manner Y Harbin E Heard Y Hecht HeckstaU Y Hegstrom Y Henson Y Holland 234 JOURNAL OF THE HOUSE, Y Holmes N Howard N Hudgena Y Hudson, H Y Hudson, N Y Hugley NIrvin Y Jackson Y James Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye YLadd YLakly YLane YLee N Lewis YLord Y Lucas Maddox NMann Y Manning Y Martin, J N Martin, J.L NMassey YMcBee YMcCall McClinton McKinney N Mills Y Mobley YMosley Mueller YO'Neal YOrrock YParham Y Fairish Y Parsons Pelote Y Perry N Pinholster YPoag YPolak Ponder Y Porter Y Powell YPurceU YRagas Randall YRay Y Reaves Y Reichert NRice N Richardson Roberts E Rogers Y Royal N Sanders Sauder N Scarlett N Scheid N Scott Shsnahan Shaw Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C N Smith, C.W E Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V Smyre Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P On the motion, the ayes were 92, nays 53. The motion prevailed. Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert Trense Y Tumquest Twiggs Y Walker, L N Walker, R.L Y West Y Westmorland YWhitaker N Wiles N Williams, B Y Williams, J Y Williams, R NWorthan N Yates Murphy, Spkr 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 Manning of the 32nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. 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 252 Do Pass HB 275 Do Pass HB 279 Do Pass Respectfully submitted, M Royal of the 164th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 275. By Representative Barnard of the 154th: A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to change the compensation of the chairperson and members of the board of education. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. FRIDAY, JANUARY 31, 1997 235 HB 279. By Representatives Coleman of the 80th, Crews of the 78th, Massey of the 86th, Rice of the 79th, Johnson of the 84th and others: A bill to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution between the Gwinnett County school district and the City of Buford independent school district, or portion thereof, located in Gwinnett County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 252. By Representatives Sherrill of the 62nd, Davis of the 60th, O'Neal of the 75th, Maddox of the 72nd, Ladd of the 59th and others: A bill to provide a homestead exemption from City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from all City of Chamblee ad valorem taxes for city purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Ashe Y Bailey Y Baker Y Bannister YBarfoot Barnard YBaraes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.B Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Taylor YTeague Y Teper Y Thomas Tillman Y Titus Y Tolbert Y Trense Turnquest Twiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr 236 JOURNAL OF THE HOUSE, On the passage of the Bills, the ayes were 158, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Buckner of the 95th arose to a point of personal privilege and addressed the House. Representative Dixon of the 150th 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 182. By Representatives McCall of the 90th and Hanner of the 159th: 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 change the provisions relating to the inspection of antifreeze samples; to provide for the submission of current certified test reports; to provide for the issuance of licenses or permits. The report of the Committee, which was favorable to the 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 Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y PurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Thomas YTillman Y Titus Y Tolbert Trense Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. FRIDAY, JANUARY 31, 1997 237 HB 15. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th: A bill to amend Code Section 48-8-112 of the Official Code of Georgia Annotated, relating to the commencement and termination of the special county 1 percent sales and use tax, so as to change the provisions regarding the date of termination of the tax; to provide for applicability. The report of the Committee, which was favorable to the 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 Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T YConnell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dii Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. HB 167. By Representatives Baker of the 70th, Hanner of the 159th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide a short title; to provide for the preservation and management of the coastal zone. The following Committee substitute was read and adopted: A BILL To amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide a short title; to provide for the preservation and management of the coastal zone; to provide a statement of 238 JOURNAL OF THE HOUSE, legislative findings; to define certain terms; to provide for the authority of the Department of Natural Resources; to provide for rules and regulations; to provide for coordination and cooperation with other state agencies; to provide for review and approval by the Governor; to provide for reports; to provide a sunset date; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, is amended by adding to the end thereof a new Part 6 to read as follows: "Part 6 12-5-320. This part shall be known and may be cited as the 'Georgia Coastal Management Act.' 12-5-321. The General Assembly finds and declares that the coastal area of Georgia comprises a vital natural resource system. The General Assembly recognizes that the coastal area of Georgia is the habitat of many species of marine life and wildlife which must have clean waters and suitable habitat to survive. The General Assembly further finds that intensive research has revealed that activities affecting the coastal area may degrade water quality or damage coastal resources if not properly planned and managed. The General Assembly further finds that the coastal area provides a natural recreation resource which has become vitally linked to the economy of Georgia's coast and to that of the entire state. The General Assembly further finds that resources within this coastal area are costly, if not impossible, to reconstruct or rehabilitate once adversely affected by human related activities and it is important to conserve these resources for the present and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal area is a vital area of the state and that it is essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal area has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for coordinated regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal area must be regulated to ensure that the values and functions of coastal waters and natural habitats are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal waters and habitats for succeeding generations. 12-5-322. As used in this part, the term: (1) 'Activity' or 'activities' means an action or actions which will have reasonably foreseeable effects upon land use, water use, or natural resources of the coastal area. (2) 'Board' means the Board of Natural Resources. (3) 'Certification of consistency' means a certification made by a person in connection with an application for a federally administered permit to conduct an activity or activities as defined in this Code section. Such certification of consistency shall be based on determination of the activity's compliance with the policies of the Georgia coastal management program. Only those activities requiring a federally administered permit will require such certification of consistency. (4) 'Coastal area' or 'coastal zone' means all tidally influenced waters and submerged land seaward to the state's jurisdictional limits and all lands, submerged lands, waters, and other resources within the counties of Brantley, Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Long, Liberty, Mclntosh, and Wayne. (5) 'Department' means the Department of Natural Resources. (6) 'Determination of consistency' means a determination made by a federal agency proposing an activity or activities as defined in this Code section. Such determination FRIDAY, JANUARY 31, 1997 239 of consistency shall be based on a determination of the activity's effects upon the coastal area. Only those activities proposed to be undertaken by a federal agency will be subject to a determination of consistency. (7) 'Federal agency" means the United States government and all its departments, boards, bureaus, commissions, and wholly owned corporations owned by the federal government. (8) 'Federally administered permit' means only those permits, licenses, or approvals required by federal law or regulation and issued by an agency of the federal government. (9) 'Georgia coastal management program' means a compilation of policies to guide the public and private uses of land and waters within the coastal area administered by the department in consultation with the state agencies and local governments of the coastal area and approved by the Secretary of Commerce in accordance with the requirements of the federal Coastal Zone Management Act of 1972, as amended, 16 U.S.C. Sections 1451 and following. (10) 'Local government' means a county, as defined by Code Section 36-1-1, or an incorporated municipality, as defined by Code Section 36-40-21, or any combination thereof, which has been authorized by an Act of the General Assembly, any of which has within its jurisdiction any coastal area. (11) 'Person' means any individual, partnership, corporation, municipal corporation, local government, association, state agency, or public or private authority. (12) 'Policy' or 'policies' of the Georgia coastal management program means the enforceable provisions of present or future applicable statutes of this state or regulations duly promulgated thereunder. (13) 'State agency' means this state and all its departments, boards, authorities, bureaus, and commissions. (14) 'State permit' means all those permits, licenses, or approvals, whether required by a federal or state law, which are administered by a state agency. (15) 'Submerged land' means all lands lying or being under tidally influenced waters of the state. (16) 'Tidally influenced waters' means any water where the tide ebbs and floods on a daily basis. 12-5-323. (a) The department shall have the following authority, which shall not be delegated to any other state agency: (1) To prepare and administer a Georgia coastal management program and to monitor and inform appropriate local, state, and federal agencies concerning enforcement of this part and all rules, regulations, and orders upon which the Georgia coastal management program is based; (2) To accept, expend, grant, and administer moneys that are available from persons or federal agencies to carry out the provisions of this part; (3) To conduct public hearings on the Georgia coastal management program or any actions taken under this part; (4) To concur or object to a certification of consistency filed by a person only in connection with an application for a federally administered permit and to concur or object to a determination of consistency filed by a federal agency in connection with a federal activity based on the policies of the Georgia coastal management program established pursuant to this part; provided, however, that if, prior to completion of review of a federally administered permit or federal activity under this part, the department receives notice of the denial of a state permit necessary for the activity, the department shall object to all certifications of consistency or determinations of consistency relating to the proposed activity filed by such person or federal agency; provided, further, that nothing in this part shall be construed to prevent the department from withdrawing such objection; and (5) To exercise all incidental powers necessary to carry out the purposes of this part. 12-5-324. 240 JOURNAL OF THE HOUSE, The board shall have the authority to promulgate rules and regulations for the implementation of the Georgia coastal management program in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 12-5-325. The department shall, in addition to its other duties prescribed by law, coordinate and cooperate with other state agencies, as necessary, as provided in paragraph (1) of subsection (a) of Code Section 12-5-323, and to make reasonable inspections within the coastal area where activities have been proposed to determine whether the proposed activities are consistent with this part and the policies of the Georgia coastal management program as provided in paragraph (4) of subsection (a) of Code Section 12-5-323. 12-5-326. All state agencies shall coordinate and cooperate with the department in the administration of this part. All state agencies exercising regulatory authority or management or planning authority in the coastal area shall administer such authority in conformity with the provisions of this part and shall apply such regulatory authority in a manner consistent with the policies of the Georgia coastal management program. All state agencies and local governments exercising statutory authority in the coastal area are authorized to enter into agreements regarding implementation of the Georgia coastal management program within their legal authority. 12-5-327. (a) The department shall prepare a document reflecting the Georgia coastal management program for submission to the Governor. The Governor shall have the authority to review and approve such document. Once approved, the Governor shall have the authority to submit the document reflecting the Georgia coastal management program to the Secretary of Commerce for approval as outlined in the federal Coastal Zone Management Act of 1972, as amended. At any time, the Governor, with the concurrence of the General Assembly, may withdraw the state from participation in the federal Coastal Zone Management Act of 1972 if it is determined that continued participation is not in the best interest of the state. (b) The department shall make a report every three years of its activities under this part to the Governor and General Assembly. The report shall include a summary of the effectiveness of the program, a survey of user groups, and the department's opinion of the value of Georgia's continued participation in the program. Copies of the report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairperson of the House Natural Resources and Environment Committee, the Chairperson of the Senate Natural Resources Committee, and the Board of Natural Resources. 12-5-328. Nothing contained in this part shall be construed as a consent to waiver of immunity under the Eleventh Amendment of the United States Constitution or consent for any other state to exercise regulatory jurisdiction within the boundaries of this state. 12-5-329. Unless reestablished or continued by the General Assembly, this part shall stand repealed in its entirety on July 1, 2004." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. FRIDAY, JANUARY 31, 1997 241 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 Barnard YBarnes Y Bates Y Benefield Y Birdsong N Bobannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B DeLoach, G Dii N Diron, H Y Diion, S Y Dobbs Y Dukes Y Ehrhart YEpps Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan NYates 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 substitute. HB 100. By Representatives Barnard of the 154th, Williams of the 63rd and Smith of the 175th: A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a minor may not give permission for lawful entry onto the property or premises of the minor's parent or guardian in certain circumstances. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a minor may not give permission for lawful entry onto the property or premises of the minor's parent or guardian in certain circumstances; 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 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety Code Section 16-7-21, relating to criminal trespass, and inserting in lieu thereof the following: 242 JOURNAL OF THE HOUSE, "16-7-21. (a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without his consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without his consent of that person. (b) A person commits the offense of criminal trespass when he or she knowingly and without authority: (1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose; (2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. (c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart. (d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 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 substitute, 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 Andersen Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard N Baraes N Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! N Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawtord Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Dixon, S Dobbs Y Dukes Y Ehrhart YEpps Evans Y Everett Felton N Floyd Y Franklin N Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom YHenson N Holland Y Holmes N Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly NLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Y Martin, J Y Martin, J.L Y Massey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley N Mosley N Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster NPoag YPolak Y Ponder Y Porter Y Powell FRIDAY, JANUARY 31, 1997 243 Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Shanahan Shaw Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V Y Smyre Y SneUing Y Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley,? Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Tumquest N Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 142, nays 16. The Bill, having received the requisite constitutional majority, was passed, by substitute. By unanimous consent, the following Bills of the House were withdrawn from the Committee on Motor Vehicles and referred to the Committee on Special Judiciary: HB 131. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Smith of the 175th and Shanahan of the 10th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to drivers' license exemptions; to change certain provisions relating to persons not to be licensed; to provide for the issuance of an intermediate permit to drivers at least 16 years of age; to provide for a new class of license. HB 139. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Smith of the 175th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the impoundment of license plates of habitual violators; to provide for the issuance of special license plates. Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 212. By Representatives DeLoach of the 172nd, Tillman of the 173rd, Barnard of the 154th, Smith of the 175th and Scarlett of the 174th: A bill to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide that only certain persons shall be issued a crabbing license before July 1, 1998; to provide that it shall be unlawful for a person to employ more than 300 crab traps. The following Committee substitute was read and adopted: A BILL To amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide that only certain persons shall be issued a crabbing license before July 1, 1998; to provide that it shall be unlawful for a person to employ more than 300 crab traps; to provide that it shall be unlawful to use a float bearing a certain identification unless such float is attached to a crab trap; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. 244 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, is amended by striking in its entirety paragraph (1) of subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, and inserting in lieu thereof the following: "(e)(l) The department shall begin issuing commercial crabbing licenses on April 1, 1995; provided, however, that until July 1, 1997 1998, only a person who was in possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that he or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 27-2-23." SECTION 2. Said part is further amended by striking in its entirety subsection (d) of Code Section 27-4-151, relating to the use of crab traps, and inserting in lieu thereof the following: "(d) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual carrying on his or her person written permission from the licensed commercial crab fisherman if the department has been previously notified of such permission, to take crabs from such trap or intentionally to damage, destroy, e* remove from the water any crab trap or float thereof, or to use such a float for any purpose. It shall also be unlawful for any person to use such a float for any purpose other than to mark a submerged crab trap. For purposes of determining the number of crab traps a person is employing, it shall be conclusively presumed that a crab trap is tethered to each such float." SECTION 3. Said part is further amended by redesignating subsections (g) and (h) of Code Section 27-4-151, relating to the use of crab traps, as subsections (h) and (i), respectively, and inserting immediately following subsection (f) the following: "(g)(l) It shall be unlawful for any licensed commercial crab fisherman or a person designated by such licensee as provided in subsection (d) of this Code section to employ more than 300 crab traps at any time. (2) Any person violating the provisions of paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $2,000.00 or incarceration for not longer than one year or both. In addition to such criminal penalty, any person found guilty of employing more than 300 crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil penalties, any person found guilty of employing more than 350 crab traps shall have his or her commercial crabbing license revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before been in possession of a license." SECTION 4. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, JANUARY 31, 1997 245 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andenon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown EBuck Y Buckner YBunn Y Burkhaltor YByrd Y CampbeU Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Council Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Diion, H Y Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey McBee YMcCaU Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal Y Orrock YParham Y Parrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Tumquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates 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. Representative Dobbs of the 92nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. 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. HR 139. By Representative Reichert of the 126th: A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Wiggins Associates and the acceptance of certain real property owned by Wiggins Associates located in Bibb County, Georgia, in consideration therefor. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: 246 JOURNAL OF THE HOUSE, Y Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong YBohannon Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y CuHunings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 49. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the "Hugh L. Logan Interchange". The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper Y Crawford Y Crews Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann FRIDAY, JANUARY 31, 1997 247 Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 106. By Representative Purcell of the 147th: A resolution designating the Veterans Memorial Parkway. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Andereon YAshe Y Bailey Y Baker Y Bannister YBarfoot YBamard Y Barries Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown E Buck Y Buckner YBunn Y Burkhalter Byrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaJlings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 248 JOURNAL OF THE HOUSE, HB 174. By Representatives Powell of the 23rd, McCall of the 90th and Coleman of the 80th: A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, so as to change the definition of used motor vehicle dealer and used car dealer. The following Committee substitute was read and adopted: A BILL To amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, so as to change the definition of used motor vehicle dealer and used car dealer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, is amended by striking paragraph (17) and inserting in its place the following: "(17)(A) 'Used motor vehicle dealer/7 'used car dealer,' or 'licensee' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle broker shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any person who knowingly allows the display of five or more used motor vehicles on his or her real property within a 12 month period by other persons for the purpose of offering such used motor vehicles for sale, with intent to make a profit or gain of money or other thing of value, shall be deemed a licensee for the purposes of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to independent motor vehicle dealers or to individual consumers shall be deemed to be a used motor vehicle dealer or used car dealer for the purposes of this chapter except as otherwise provided in division (B)(x) of this paragraph. Without limiting any of the foregoing, the sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. Financial institutions as used in this chapter shall not include a pawnbroker as defined in Code Section 44-12-130; provided, however, a pawnbroker who disposes of all repossessed motor vehicles by selling or exchanging his or her interest in such motor vehicles only to licensees under this chapter shall not be considered a used motor vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage in activities which would bring him or her under the licensing requirements of this chapter. (B) ^sed motor vehicle dealer1 or ^ised car dealer1 does not include: (i) Franchised motor vehicle dealers and their wholly owned and controlled subsidiaries operating in the county in which their franchise is located or operating as a direct dealer of a manufacturer; (ii) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; (iii) Public officers while performing their official duties; FRIDAY, JANUARY 31, 1997 249 (iv) Persons disposing of motor vehicles acquired for their own use when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. Evidence of good faith, as provided in this division, shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor; (v) Financial institutions when the financial institution sells its repossessed or leased motor vehicles. Finance companies, for purposes of this chapter, shall not include a pawnbroker as defined in Code Section 44-12-130; (vi) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance; (vii) Persons, firms, or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; (viii) Persons, firms, or corporations engaged in a business other than as a used car dealer, as defined in divisions (i) through (vii) of this subparagraph, who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle and which have not been acquired by direct purchase for cash, and which business is not for the purpose of violating this chapter; or (ix) Persons, firms, or corporations which sell only vehicles which will not be used primarily for transportation purposes, including, but not limited to, antique automobiles, classic automobiles, and automobiles sold solely as speculative investments. In determining whether a vehicle or vehicles will not be used primarily for transportation purposes, the board may rely on the representations, written or oral, made regarding the vehicles, but may also look at any other relevant evidence^ or (x) Persons licensed or companies registered under Chapter 6 of Title 43, relating to auctioneers, when auctioning used motor vehicles which are being disposed of under administration of an estate or when auctioning used motor vehicles and real property at the same sale when such vehicles and property are owned by a common owner." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 246. By Representatives Murphy of the 18th and Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change provisions relating to ballot labels for voting machines; to eliminate the maximum limit upon the number of words in each question to be voted on. The report of the Committee, which was favorable to the 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 Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown E Buck Y Buckner Y Bunn Y Burkhalter Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers 250 JOURNAL OF THE HOUSE, Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Da. Y Dixon, H Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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 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. The following Resolutions of the House were read and adopted: HR 177. By Representative Murphy of the 18th: A resolution honoring Lola Vaughan Bell on the occasion of her 100th birthday. HR 178. By Representative Murphy of the 18th: A resolution honoring Lula Vaughan Tolleson on the occasion of her 100th birthday. HR 179. By Representative Birdsong of the 123rd: A resolution expressing regret at the passing of Honorable H. J. Chance, Jr. HR 180. By Representatives Sherrill of the 62nd, O'Neal of the 75th, Dobbs of the 92nd, Davis of the 48th and Lucas of the 124th: A resolution commending the members of the Silver-Haired Legislature. HR 181. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th: A resolution recognizing and commending Dr. Virginia M. Harmeyer. FRIDAY, JANUARY 31, 1997 251 HR 182. By Representative Barfoot of the 155th: A resolution commending Alice Sharpe Blount. HR 183. By Representatives Cummings of the 27th and Murphy of the 18th: A resolution honoring Paul Flynt Langford on the occasion of his retirement. HR 184. By Representatives Johnson of the 84th, Breedlove of the 85th, Coleman of the 80th, Dix of the 76th, Bannister of the 77th and others: A resolution commending Gwinnett's Fallen Heroes Memorial Committee, Inc. HR 185. By Representatives Westmoreland of the 104th and Lakly of the 105th: A resolution commending Joseph McDermid. HR 186. By Representatives Smith of the 102nd, Brown of the 130th, Epps of the 131st, Smith of the 103rd, Westmoreland of the 104th and others: A resolution recognizing and commending the Chattahoochee-Flint Heritage Highway. HR 187. By Representatives Purcell of the 147th, Greene of the 158th, Reaves of the 178th, Floyd of the 138th, Hudson of the 156th and others: A resolution commending Ms. Anne Ponder Rice. HR 188. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution commending Ms. Sherra Butler Chassereau. HR 189. By Representatives Greene of the 158th, Reaves of the 178th, Purcell of the 147th, McCall of the 90th and Ray of the 128th: A resolution commending the Georgia Green Industry Association and recognizing the observance of Tuesday, February 4, 1997, as Green Industry Day in the State of Georgia. HR 190. By Representatives Dobbs of the 92nd, Martin of the 47th, Twiggs of the 8th, Barnes of the 33rd and Lane of the 146th: A resolution recognizing the contributions of the engineering profession in Georgia and declaring February 4, 1997, as "Engineers Day". HR 191. By Representatives Twiggs of the 8th, Dobbs of the 92nd, Coleman of the 142rid, Lord of the 121st, Barfoot of the 155th and others: A resolution commending the Firefighters of Georgia and observing the 25th annual Firefighters' Recognition Day. HR 192. By Representative Barnard of the 154th: A resolution commending the 1996 Glennville Mite Girls All-Star Softball Team. 252 JOURNAL OF THE HOUSE, HR 193. By Representatives Ladd of the 59th and Davis of the 60th: A resolution commending the coaches and players of the Dunwoody High School Lady Wildcats softball team. HR 194. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Mr. James R. Randall, Sr. HR 195. By Representative Purcell of the 147th: A resolution commending Mrs. Margaret Hefner King on the event of her 90th Birthday. HR 196. By Representative Purcell of the 147th: A resolution commending Mr. Donald Brant. HR 197. By Representatives Purcell of the 147th, Barnard of the 154th, Parham of the 122nd, Twiggs of the 8th and Mueller of the 152nd: A resolution commending Corporal Frank P. Cowell. HR 198. By Representatives Purcell of the 147th, Martin of the 145th, Lane of the 146th, Barfoot of the 155th, Bates of the 179th and others: A resolution commending Mr. John F. Godbee. HR 199. By Representative Pelote of the 149th: A resolution recognizing and commending Henrietta P. "Henny" Hymon. HR 200. By Representative Pelote of the 149th: A resolution recognizing and commending the Reverend Charles Lwanga Hoskins on the occasion of his retirement. HR 201. By Representatives Pelote of the 149th and Bordeaux of the 151st: A resolution commending Dr. Clifford E. Hardwick III. HR 202. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Rebecca Williams. HR 203. By Representative Purcell of the 147th: A resolution commending Mr. George G. Alien. HR 204. By Representative Sauder of the 29th: A resolution congratulating Scott Byers. HR 205. By Representative Sauder of the 29th: A resolution recognizing Ms. Lauren Kate "Katie" Freeman. FRIDAY, JANUARY 31, 1997 253 HR 206. By Representatives Purcell of the 147th, Barfoot of the 155th, Lord of the 121st, Bates of the 179th, Twiggs of the 8th and others: A resolution commending Mr. Emory E. Bargeron. HR 207. By Representatives Buckner of the 95th, Williams of the 63rd, Henson of the 65th, Orrock of the 56th, Sinkfield of the 57th and others: A resolution commending Mrs. Barbara Ford. HR 208. By Representative Ashe of the 46th: A resolution recognizing and commending Joseph Greenberg. HR 209. By Representatives Purcell of the 147th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Skipper of the 137th and others: A resolution commending Mr. Tommy Chambless. HR 210. By Representatives Mills of the 21st, Johnson of the 84th, Kaye of the 37th, Smith of the 102nd, Breedlove of the 85th and others: A resolution recognizing and commending Phil Niekro on being elected to the National Baseball Hall of Fame. The following Resolutions of the House were read and referred to the Committee on Rules: HR 211. By Representatives Irvin of the 45th, Walker of the 141st, Ehrhart of the 36th, Lee of the 94th, Evans of the 28th and others: A resolution commending the Honorable Michael J. Bowers, Attorney General of the State of Georgia, and inviting him to appear before the House of Representatives. HR 212. By Representatives Buckner of the 95th, Sinkfield of the 57th, Williams of the 63rd, Felton of the 43rd, Orrock of the 56th and others: A resolution recognizing and commending the Georgia Congress of Parents and Teachers and inviting its president to appear before the House of Representatives. Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 3, 1997. 254 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, February 3, 1997 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 Baker Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Buckner Bonn Burkhalter Byrd Campbell Canty Carter Cash ChanneU CChlairldkers Coan Coleman, B Coleman, T Cornell Cooper Crawford Crews Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dixon, H Dixon, S Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin HHeeacrhdt Heckstall Hegstrom Henson Holland Howard Hudgens Hudson, H Hudson, N Hugley Jackson James Johnson Johnston Jones Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall MMccCKliinnnteoyn Mills Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Polak Ponder Powell Purcell Ragas Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scneid Scott ShmMhim Shanahan ||h?rwrul Srupp Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Stancil, S Stanley, L Stanley,? Taylor Teper Thomas Tillman Titus Tolbert Trense Twiggs Walker, L Walker, R.L West Westmoreland Whitaker weT J"lams, B Williams, R Worthan Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Hanner of the 159th, Jamieson of the 22nd, Perry of the llth, Porter of the 143rd, Bannister of the 77th, Day of the 153rd, Poag of the 6th, Yates of the 106th, Sinkfield of the 57th, Williams of the 83rd, Turnquest of the 73rd, Smyre of the 136th, Teague of the 58th, Snow of the 2nd and Dix of the 76th. They wish to be recorded as present. Prayer was offered by Dr. Jerry A. Pickard, Pastor, Northside Baptist Church, Milledgeville, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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 3, 1997 255 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 376. By Representatives Mills of the 21st and Crews of the 78th: A bill to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to general toll powers of the State Tollway Authority, so as to exempt certain persons with disabilities from tolls. Referred to the Committee on Human Relations & Aging. HB 377. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a statement of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act. Referred to the Committee on Human Relations & Aging. HB 378. By Representatives Holland of the 157th, Hudson of the 156th, Floyd of the 138th, Reaves of the 178th and Teper of the 61st: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed counties. TO: FROM: RE: DATE: Clerk of House Holland 157th Notice of Motion to Engross 1-31-97 This is to provide notice that I will file a motion to engross the attached legislation. (HB 378) M Ray Holland 157th Referred to the Committee on Ways & Means. 256 JOURNAL OF THE HOUSE, HB 379. By Representatives Day of the 153rd, Culbreth of the 132nd and Jamieson of the 22nd: 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 provide additional authorization with certain conditions for counties and municipalities to levy such tax. Referred to the Committee on Ways & Means. HB 380. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to provide that certain law enforcement personnel may retire upon a normal service retirement with certain benefits. Referred to the Committee on Retirement. HB 381. By Representative Childers of the 13th: A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to increase the retirement benefit. Referred to the Committee on Retirement. HB 382. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to repeal certain ineffective laws relating to mandatory retirement for certain law enforcement personnel. Referred to the Committee on Retirement. HB 383. By Representative Ashe of the 46th: A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for reasonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility. Referred to the Committee on Education. HB 384. By Representatives Holmes of the 53rd, Randall of the 127th, Stanley of the 49th, Stanley of the 50th, Anderson of the 116th and others: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a short title; to provide legislative findings and a statement of intent; to define certain terms; to establish a community right-to-know fund and provide for matters related thereto. Referred to the Committee on Natural Resources & Environment. MONDAY, FEBRUARY 3, 1997 257 HB 385. By Representatives Holmes of the 53rd, Randall of the 127th, Stanley of the 49th, Stanley of the 50th, Epps of the 131st and others: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a short title; to provide for definitions; to provide for publication of a toxic release inventory report; to provide for the performance of risk assessments; to provide for monitoring and for the publication of an annual risk assessment report. Referred to the Committee on Natural Resources & Environment. HB 386. By Representatives Holmes of the 53rd, Hegstrom of the 66th, Randall of the 127th, Stanley of the 50th, Stanley of the 49th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide for legislative intent and findings; to provide for definitions; to create the Georgia health care corporation. Referred to the Committee on Health & Ecology. HB 387. By Representatives Porter of the 143rd, Parham of the 122nd and Martin of the 47th: A bill to amend Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to transfer of vehicle by operation of law, so as to provide for joint interest in a vehicle with survivorship in two or more persons. Referred to the Committee on Motor Vehicles. HB 388. By Representatives Channell of the lllth, Royal of the 164th and Skipper of the 137th: 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 provisions regarding the amount payable for redemption. Referred to the Committee on Ways & Means. HB 389. By Representatives Golden of the 177th, Royal of the 164th, Jamieson of the 22nd, Bates of the 179th and Heard of the 89th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a tax credit for health care providers who choose to practice in rural counties at rural health care facilities under certain conditions. Referred to the Committee on Ways & Means. HB 390. By Representatives Stanley of the 49th and Stanley of the 50th: 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 generally, so as to prohibit certain discrimination by life insurers based on abuse status of an insured. Referred to the Committee on Insurance. 258 JOURNAL OF THE HOUSE, HB 391. By Representatives Holland of the 157th, Byrd of the 170th, Skipper of the 137th, Holmes of the 53rd and Howard of the 118th: A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to provide that state employees may not be required to waive their right to compensation for overtime. Referred to the Committee on State Planning & Community Affairs. HB 392. By Representatives Stanley of the 49th and Stanley of the 50th: 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 generally, so as to prohibit certain discrimination by disability income insurers based on abuse status of an insured. Referred to the Committee on Insurance. HB 393. By Representatives Epps of the 131st, Taylor of the 134th, Porter of the 143rd, Hugley of the 133rd, Skipper of the 137th 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 curriculum, so as to provide for the development by the State Board of Education of a character curriculum in Georgia public schools. Referred to the Committee on Education. HB 395. By Representative Ashe of the 46th: A bill to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things under the "Georgia Civil Practice Act," so as to require notice to a person who is a nonparty when records relating to such a person are sought from a nonparty practitioner of the healing arts, hospital, or health care facility. Referred to the Committee on Judiciary. HB 396. By Representatives Powell of the 23rd, Williams of the 83rd, Hanner of the 159th, Parrish of the 144th, Coleman of the 142nd and others: A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and licensure of boxing matches, so as to provide for the licensure and regulation of promoters of boxing matches and pay-perview and closed circuit boxing match telecasts. Referred to the Committee on Industry. HB 397. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd, Day of the 153rd and Channell of the lllth: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to provide a statement of legislative intent; to provide for training for new sheriffs; to provide for a course of annual training. Referred to the Committee on Public Safety. MONDAY, FEBRUARY 3, 1997 259 HB 398. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd, Day of the 153rd and Channell of the lllth: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to provide that sheriffs may approve of the use of radar; to prohibit sheriffs from using radar in certain circumstances. Referred to the Committee on Public Safety. HB 399. By Representatives Jenkins of the 110th, Randall of the 127th, Barnes of the 33rd, Holland of the 157th, Lee of the 94th and others: A bill to amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to judgments, so as to provide that actual damages arising out of a criminal act shall be designated as criminal restitution. Referred to the Committee on Special Judiciary. HB 400. By Representatives Purcell of the 147th, Porter of the 143rd, Hudson of the 156th, Coleman of the 142nd, Parrish of the 144th and others: 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 creditable service for service as a teacher in certain private schools. Referred to the Committee on Retirement. HB 401. By Representatives Westmoreland of the 104th, Smith of the 102nd, Scott of the 165th, Lakly of the 105th, Scheid of the 17th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place. Referred to the Committee on Governmental Affairs. HB 402. By Representatives Snow of the 2nd and Barnes of the 33rd: A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide for judicial appointment of a temporary chief magistrate in certain circumstances. Referred to the Committee on Judiciary. HB 403. By Representatives Coleman of the 80th, Rice of the 79th, Johnston of the 81st and Crews of the 78th: A bill to amend an Act creating a new charter for the City of Norcross, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of government. Referred to the Committee on State Planning & Community Affairs - Local. 260 JOURNAL OF THE HOUSE, HB 404. By Representatives Wiles of the 34th, Powell of the 23rd, Ehrhart of the 36th, Johnston of the 81st, Lewis of the 14th and others: A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to change the provisions relating to the prohibition against corporal punishment and the use of handcuffs, leg chains, and other restraints. Referred to the Committee on State Institutions & Property. HB 405. By Representatives Dukes of the 161st, Taylor of the 134th, Porter of the 143rd, O'Neal of the 75th, Roberts of the 162nd and others: A bill to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages seven and 16, so as to raise the mandatory age for school attendance from 16 to 18 years old. Referred to the Committee on Education. HB 406. By Representatives Evans of the 28th, Breedlove of the 85th, Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to create a new judicial circuit for the State of Georgia, to be known as the Bell-Forsyth Judicial Circuit, to be composed of the County of Forsyth. Referred to the Committee on Judiciary. HR 172. By Representatives Holmes of the 53rd, Hegstrom of the 66th, Randall of the 127th, Stanley of the 50th, Stanley of the 49th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation and operation of a publicly funded state health insurance system, utilizing state funds and other available funds, to finance and assist in the provision of comprehensive health care services and other services incidental thereto for all residents of this state. Referred to the Committee on Health & Ecology. HR 173. By Representatives Porter of the 143rd and Barnes of the 33rd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to prescribe juries of six persons in all civil cases in all courts. Referred to the Committee on Judiciary. HR 174. By Representatives Childers of the 13th, Murphy of the 18th, Shanahan of the 10th, Lewis of the 14th, Perry of the llth and others: A resolution urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in northwest Georgia. Referred to the Committee on Health & Ecology. MONDAY, FEBRUARY 3, 1997 261 HR 175. By Representatives Holmes of the 53rd, Dobbs of the 92nd, Martin of the 145th, Randall of the 127th, Polak of the 67th and others: A resolution urging Congress to enact an amendment to the Constitution of the United States. Referred to the Committee on Judiciary. HR 176. By Representative Howard of the 118th: A resolution compensating Ms. Nadine LaVerne Carter. Referred to the Committee on Appropriations. HR 213. By Representative Lakly of the 105th: A resolution affirming the commitment of the House of Representatives to principles and actions that give Georgia's children the best chance to become healthy, productive adults. Referred to the Committee on Children and Youth. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 21 HB 23 HB 332 HB 333 HB 334 HB 335 HB 336 HB 337 HB 338 HB 339 HB 340 HB 341 HB 342 HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354 HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HR 166 HR 167 HR 168 HR 171 Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: 262 JOURNAL OF THE HOUSE, HR 165 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 313 Do Pass HB 323 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 313. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 323. By Representatives Twiggs of the 8th and Dobbs of the 92nd: A bill to provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union 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 previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Y Bailey Baker Bannister Y Barfoot Y Barnard YBarnes Bates YBenefleld Y Birdsong Y Bohannon Y Bordeaui Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B DeLoach, G Dii Diion, H Y Diion, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Banner Y Harbin Y Heard Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson YJohnston Y Jones Joyce YKaye Y Ladd YLakly YLane YLee Y Lewis YLord MONDAY, FEBRUARY 3, 1997 Y Lucas Maddol Y Mann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton McKinney Y Mills Mobley Y Mosley YMueUer Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons YPelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y PoweU Y Purcell Ragas Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P 263 Y Taylor Teague Y Teper Y Thomas Y Tilhnan Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr On the passage of the Bills, the ayes were 151, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 20. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Madden of the 47th: A bill to amend Code Section 16-13-72 of the Official Code of Georgia Annotated, prohibiting the sale and possession of dangerous drugs, so as to provide for an additional exception to such prohibition. SB 31. By Senator Boshears of the 6th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that judges may impose increased fines on nonresident offenders in lieu of community service. SB 36. By Senators Boshears of the 6th and Blitch of the 7th: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Medical Consent Law," so as to provide for emergency nonconsensual custody, transport, and medical 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. 264 JOURNAL OF THE HOUSE, The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 6. By Senators Cheeks of the 23rd and Kemp of the 3rd: A resolution proposing an amendment to the Constitution so as to provide that no person who is a defaulter for federal, state, or local taxes shall be eligible to hold any public office in this state; 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 20. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and others: A bill to amend Code Section 16-13-72 of the Official Code of Georgia Annotated, prohibiting the sale and possession of dangerous drugs, so as to provide for an additional exception to such prohibition. Referred to the Committee on Health & Ecology. SB 31. By Senator Boshears of the 6th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that judges may impose increased fines on nonresident offenders in lieu of community service. Referred to the Committee on Special Judiciary. SB 36. By Senators Boshears of the 6th and Blitch of the 7th: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Medical Consent Law," so as to provide for emergency nonconsensual custody, transport, and medical 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. Referred to the Committee on Judiciary. SR 6. By Senators Cheeks of the 23rd and Kemp of the 3rd: A resolution proposing an amendment to the Constitution so as to provide that no person who is a defaulter for federal, state, or local taxes shall be eligible to hold any public office in this state; to provide for the submission of this amendment for ratification or rejection. Referred to the Committee on Governmental Affairs. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 165. By Representative Titus of the 180th: A resolution commending the 1996 Thomas County Central High School football team and inviting the team and coaching staff to appear before the House of Representatives. MONDAY, FEBRUARY 3, 1997 265 Representative Lucas of the 124th arose to a point of personal privilege and addressed the House. Representative DeLoach of the 172nd arose to a point of personal privilege and addressed the House. Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 110. By Representative Barnes of the 33rd: 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 generally, so as to provide for a special license plate honoring and supporting the Shrine hospitals for children. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles generally, so as to provide for a special license plate honoring and supporting the Shrine hospitals for children; to provide for the design of such license plates; to provide for a license fee; to provide for applications for license plates; to provide for licensing agreements; to provide for renewal of license plates; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles generally, is amended by inserting at the end thereof the following: "40-2-50. (a) Because the Shrine hospitals for children have done immeasurable good for the children of this state, it is appropriate and proper that, subject to the provisions of this Code section, there shall be issued beginning in 1998 special license plates to honor and support the Shrine hospitals for children. (b) The commissioner in cooperation with a representative of the Shrine hospitals shall prepare special distinctive license plates of a design appropriate to honor and support the Shrine hospitals for children, subject to subsection (d) of this Code section. Such Shrine hospital plate must be of the same size and general design of general issue motor vehicle license plates. Such plates shall include a unique identifying number whose total characters do not exceed the sum of seven, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) Subject to subsection (d) of this Code section, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. (d) The commissioner shall retain all applications received for such special license plates until a minimum of 500 applications have been received. After receipt of 500 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 500 applications 266 JOURNAL OF THE HOUSE, no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such special license plates and all fees shall he refunded to applicants. (e) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions, at no cost to the State of Georgia, as may he required for the use of the Shrine logo or other acceptable design or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to the Shrine organization or its licensor for the use by the state on such license tags of such logo or design. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the Shrine organization or its licensor. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Shrine logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take steps necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (f) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 19. By Representatives Manning of the 32nd, Parsons of the 40th, Sauder of the 29th, Barnes of the 33rd and Ehrhart of the 36th: 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: MONDAY, FEBRUARY 3, 1997 267 N Alien N Anderson Y Ashe N Bailey N Baker N Bannister YBarfoot Y Barnard VBarnes Y Bates N Benefield N Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark E Coan Y Coleman, B Y Coleman, T N ConneU Y Cooper N Crawford N Crews Y Culbreth N Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon, S N Dobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton Y Floyd E Franklin Golden Y Graves N Greene Y Grindley Y Hammontree Y Manner Y Harbin N Heard YHecht Y HeckstaU N Hegstrom Y Henson N Holland Y Holmes N Howard Y Hudgens Y Hudson, H N Hudson, N Y Hugley Ylrvin N Jackson Y James Y Jamieson N Jenkins Y Johnson Y Johnston N Jones Joyce Kaye YLadd NLakly YLane NLee N Lewis NLord Lucas N Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey N McBee YMcCall N McCUnton Y McKinney N Mills Y Mobley Y Mosley Y Mueller N O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote N Perry Y Pinholster NPoag YPolak N Ponder Y Porter Y Powell Y PurceU NRagas YEandall NRay Y Reaves N Reichert YRice Y Richardson N Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw N Sherrill YShipp N Sims Y Sinkfield N Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T N Smith, V N Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Taylor Teague NTeper N Thomas Y Tillman N Titus N Tolbert YTrense Y Turnquest NTwiggs N Walker, L N Walker, R.L NWest N Westmorland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, the ayes were 109, nays 63. The Bill, having received the requisite constitutional majority, was passed. Representative Jones of the 71st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 19 was ordered immediately transmitted to the Senate. HB 83. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and Royal of the 164th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law. The report of the Committee, which was favorable to the 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 Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Cash Y Channell Y Childers Y Clark ECoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings 268 JOURNAL OF THE HOUSE, Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dhton, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill YShipp YSims Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. Due to a mechanical malfunction, the vote of Representative Coan of the 82nd was not recorded correctly on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 84. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and Royal of the 164th: A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions with respect to the distribution of tax revenues. The report of the Committee, which was favorable to the 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 Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawtord Y Crews Y Culbreth C mum ings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley MONDAY, FEBRUARY 3, 1997 269 Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU Y Purcell YRagas YRandall YBay Y Reaves Y Reichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, f Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 62. By Representatives Wiles of the 34th, Johnston of the 81st and Parsons of the 40th: 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. The report of the Committee, which was favorable to the 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 Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y ChiJders Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G DU Y Diion, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C On the passage of the Bill, the ayes were 163, nays 2. Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague Y Teper N Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr 270 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 214. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Poag of the 6th, Heckstall of the 55th and others: A bill to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, so as to provide that the State School Superintendent shall prepare for the use of the public schools of this state a program of instruction in the correct use and display of the flag of the United States of America. The report of the Committee, which was favorable to the 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 Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dukes Y Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Tumquest Y Twiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker Pro Tern assumed the Chair. HB 178. By Representatives Dobbs of the 92nd and Twiggs of the 8th: A bill to amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section; to provide for the payment of replacement costs and interest. MONDAY, FEBRUARY 3, 1997 271 The report of the Committee, which was favorable to the 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 YBsiley Baker Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Guilders Y Clark ECoan Y Coleman, B Y Coleman, T Council Y Cooper 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 Y Dukes YEhrhart YEpps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Puicell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland YWhitaker Y WUes Y Williams, B E Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 112. By Representatives Taylor of the 134th, Buck of the 135th, Sinkfield of the 57th and Trense of the 44th: A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with regard to children and youth services, so as to change a provision relating to the amount of financial assistance which may be provided to families adopting hard-to-place children. The report of the Committee, which was favorable to the 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 Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childere Y Clark ECoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G 272 JOURNAL OF THE HOUSE, YDix Y Diion, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Shemll YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B E Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 169, nays 1. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the vote of Representative Smyre of the 136th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 98. By Representatives Royal of the 164th, Bates of the 179th and Shanahan of the 10th: A bill to amend Code Section 28-1-15 of the Official Code of Georgia Annotated, relating to restrictions on population bills, so as to provide for additional types of bills which shall be classified as prohibited population bills. The following amendment was read and adopted: Representatives Royal of the 164th and Shanahan of the 10th move to amend HB 98 by striking "(5)" and inserting in its place "(4)" on line 10 of page 2. By striking line 13 of page 2 and inserting in its place the following: "may thereafter be repealed as authorized under paragraph (6) of subsection (c) of this Code section or may only be amended as authorized under paragraph (5) of subsection (c) of this Code section.'" 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 Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBaroes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark ECoan Y Coleman, B Y Coleman, T Connell MONDAY, FEBRUARY 3, 1997 273 Y Cooper 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 Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling Snow Y Stagings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaier Y Wiles Y Williams, B E Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 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. SB 15. By Senators Taylor of the 12th, Brown of the 26th, Oliver of the 42nd and others: A bill to provide that persons who are convicted of rape and aggravated sodomy shall serve minimum terms of imprisonment which shall not be suspended, probated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence reducing measures to persons convicted of these serious offenses. The report of the Committee, which was favorable to the 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 Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childera Y Clark ECoan Y Coleman, B Y Coleman, T Connell Y Cooper 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 Dukes Y Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce 274 JOURNAL OF THE HOUSE, YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B E Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 97. 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 change certain provisions relating to fees and charges generally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to qualifications for license applicants. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Childers Y Clark ECoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cunnnings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dii Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Y HeckstaU Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B E Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr MONDAY, FEBRUARY 3, 1997 275 On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 111. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th, Martin of the 145th and Graves of the 125th: 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 provide for penalties relating to flunitrazepam. The report of the Committee, which was favorable to the 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 Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bobannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark ECoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dii Y Diion, H Y Diron, S YDobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw SherriU Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B E Williams, J Y Williams, R YWorthan 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 172. By Representatives Powell of the 23rd and Skipper of the 137th: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," so as to change the definition of a certain term; to provide that any instructor approved to teach any required education course at an approved school shall pay an original application fee and renewal fee as established by the Georgia Real Estate Appraisers Board. 276 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," so as to change the definition of a certain term; to provide that any instructor approved to teach any required education course at an approved school shall pay an original application fee and renewal fee as established by the Georgia Real Estate Appraisers Board; to provide that the Georgia Real Estate Appraisers Board is authorized to enter into such contracts as are necessary to carry out its duties; to provide that such board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required by law; to change the penalties for violations of said chapter; to provide that if an appraiser is in violation of certain provisions of said chapter, such board may revoke any appraiser classification issued to the appraiser and simultaneously issue such appraiser a classification with more restricted authority to conduct appraisals; to change certain penalty provisions; to provide that performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken shall be a violation of standards of conduct under such chapter; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," is amended by striking paragraph (14) of Code Section 43-39A-2, relating to definitions applicable to said chapter, and inserting in lieu thereof a new paragraph (14) to read as follows: "(14) 'Real estate' means an identified pared e* tract ef land, including improvements, if auyr condominiums and leaseholds as well as any other interest or estate in land, whether corporal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere. Such term also includes any structure or structures equipped with the necessary service connections and made so as to be readily moveable as a unit or units when such a structure is affixed to land." SECTION 2. Said chapter is further amended by striking subsection (j) of Code Section 43-39A-11, relating to fees for examination, activation, and renewal of appraiser classifications, and inserting in lieu thereof a new subsection (j) to read as follows: "(j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, and any instructor approved to teach any of such courses shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school 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." SECTION 3. Said chapter is further amended by striking Code Section 43-39A-13, relating to the power of the Georgia Real Estate Appraisers Board to regulate the issuance of appraiser classifications, and inserting in lieu thereof a new Code Section 43-39A-13 to read as follows: "43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for appraiser classifications consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals. Except for conducting an investigation as provided in this chapter, the board is MONDAY, FEBRUARY 3, 1997 277 authorized to enter into such contracts as are necessary to carry out its duties under this chapter. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter." SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-18, relating to penalties for violations of such chapter, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any appraiser classification issued under this chapter; to revoke any appraiser classification issued to an appraiser under this chapter and simultaneously to issue such appraiser a classification with more restricted authority to conduct appraisals; to revoke or suspend approval of any school; 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 $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever an appraiser classification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions: (1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; (2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person; (3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered; (4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state; (5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property; (6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board; (9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment; (12) Failure to retain for a period of five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The 278 JOURNAL OF THE HOUSE, five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation; (13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board; (14) Performing any appraisal beyond the scope of authority granted in the appraiser classification held; (15) Demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; (16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity; (17) Providing an oral appraisal report in a federally related transaction; er (18) Utilizing the services of any person in other than a ministerial capacity wrrese appraised classification is suspended ef revoked in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal? if such person's appraiser classification is suspended or revoked or if such person does not hold an appraiser classification; or (19) Performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken." 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 substitute, 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 Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark NCoan Y Coleman, B N Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth N Curnmings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye NLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Par ham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster MONDAY, FEBRUARY 3, 1997 279 YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest N Twiggs Y Walker, L Y Walker, R.L YWest Y Westmorland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 165, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 173. By Representatives Powell of the 23rd and Skipper of the 137th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required under said chapter. The following Committee substitute was read and adopted: A BILL To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required under said chapter; to change the provisions relating to nonresident licenses; to repeal a certain provision relating to agreements between a licensed Georgia broker and the licensed broker of another state; to provide that when a licensed broker of another state is acting only as a referral agent and is not involved in real estate brokerage activity, a licensed broker in Georgia may divide or share a real estate commission with such licensed broker in another state; to provide that the Georgia Real Estate Commission is authorized to enter into such contracts as are necessary to carry out its duties; to provide that such commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required by law; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsection (i) of Code Section 43-40-8, relating to qualifications of licensees, and inserting in lieu thereof a new subsection (i) to read as follows: "(i) The commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required by this chapter. 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 offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction." 280 JOURNAL OF THE HOUSE, SECTION 2. Said chapter is further amended by striking 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 broJ^er. 1 TIC licensed \ji6opgift oroKcr B.HQ wifr licensed DroKer of snot/ncr suite must enter into d sepftpfttc flFcement tor cocn tr&nsftction m wnicn tncy oecowie inVOIVCQ. i fie 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: (A) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia; (B) How the brokers will divide any earned commissions; (C) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker; (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; (E) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker; (F) 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; (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 Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and (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 business in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees. (3) Notwithstanding any other provision of this chapter, when a licensed broker of another state is acting only as a referral agent which involves only the mere referral of one person to another and such referring broker is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or any other real estate brokerage activity, a licensed broker in Georgia may divide or share a real estate commission with such licensed broker in another state." SECTION 3. Said chapter is further amended by striking Code Section 43-40-14, relating to the power of the Georgia Real Estate Commission to issue, revoke, or suspend licenses and censure licensees, and inserting in lieu thereof a new Code Section 43-40-14 to read as follows: "43-40-14. MONDAY, FEBRUARY 3, 1997 281 The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees. Except for conducting an investigation or audit as provided in this chapter, the commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter. Notwithstanding any other provision of law, the commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter." 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 substitute, 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 YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByid Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper 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 Dixon, S YDobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp NSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Smith, P Y Smith, T Y Smith, V Y Smyr Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 165, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolutions of the House were read and referred to the Committee on Rules: 282 JOURNAL OF THE HOUSE, HR 217. By Representatives Harbin of the 113th, Williams of the 114th, Jackson of the 112th and Culbreth of the 132nd: A resolution honoring Shea Olliff, Miss Georgia 1996, and inviting her to appear before the House of Representatives. HR 220. By Representatives Walker of the 141st, Murphy of the 18th, Lucas of the 124th, Reichert of the 126th, Lee of the 94th and others: A resolution recognizing Demark Groover, Jr., 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 Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 4, 1997 283 Representative Hall, Atlanta, Georgia Tuesday, February 4, 1997 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 Barfoot Barnard Barnes Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Canty CCaasrther ChanneU Childers Clark Coan Coleman, B Connell Crawford Crews Culbreth Cummings Davis, M DeLoach, B DeLoach, G Dizon, H Dobbs Dukes Ehrhart Epps Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree HHaerabrdin Hecht Hegstrom Holland Howard Hudgens Hudson, H Hudson, N Hugley Jackson James Jenkins Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddo* Mann Manning Martin, J Martin, J.L MMcaBsseeey McCall McClinton McKinney Mills Mobley Mosley Mueller O'Neal Parham Parrish Parsons Pelote Perry Pinholster Poag Ponder Purcell Ragas Ray Reaves Reichert Richardson Roberts Royal Sanders Scarlett Scheid SSchoatntahan Shaw Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow Stallings Stancil, F Stancil, S Taylor Teper Thomas Tillman Titus Tolbert Trense Turnquest Walker R.L wt WVVeesstmtmoorreellaanndd .Vr r H? Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Powell of the 23rd, Sherrill of the 62nd, Cooper of the 31st, Jamieson of the 22nd, Stanley of the 49th, Stanley of the 50th, Porter of the 143rd, Sauder of the 29th, Rice of the 79th, Heckstall of the 55th, Williams of the 83rd, Smyre of the 136th, Davis of the 48th, Teague of the 58th, Rogers of the 20th, Orrock of the 56th, Dixon of the 150th, Holmes of the 53rd, Bordeaux of the 151st and Buckner of the 95th. They wish to be recorded as present. Prayer was offered by the Reverend Shaun D. Heckstall, Pastor, Trinity Christian Truth Center, East Point, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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: 284 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 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 introduced, read the first time and referred to the committees: HB 22. By Representatives Felton of the 43rd and Trense of the 44th: A bill to incorporate the City of Sandy Springs in Fulton County. Referred to the Committee on State Planning & Community Affairs - Local. HB 394. By Representative Holland of the 157th: A bill to amend Code Section 43-26-7 of the Official Code of Georgia Annotated, relating to requirements for registration as a professional nurse, so as to change certain provisions relative to the reinstatement of registration as a professional nurse. This is to serve notice that I intend to move to engross the attached legislation. (HB 394) M Ray Holland - 157 Referred to the Committee on Health & Ecology. HB 407. By Representatives Dobbs of the 92nd, Barfoot of the 155th, Greene of the 158th, Breedlove of the 85th and Powell of the 23rd: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to pardons and paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may hold certain elective or appointive office. Referred to the Committee on State Institutions & Property. HB 408. By Representative Barnes of the 33rd: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, 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. Referred to the Committee on Judiciary. TUESDAY, FEBRUARY 4, 1997 285 HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd and Parham of the 122nd: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program. Referred to the Committee on Education. HB 410. By Representatives Day of the 153rd and Jenkins of the 110th: A bill to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department. Referred to the Committee on Public Safety. HB 411. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. Referred to the Committee on State Planning & Community Affairs - Local. HB 412. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. Referred to the Committee on State Planning & Community Affairs - Local. HB 413. By Representative Barnes of the 33rd: 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 it is unlawful knowingly to disclose the location of a family violence shelter. Referred to the Committee on Judiciary. HB 414. By Representatives Walker of the 87th, Smith of the 102nd and Titus of the 180th: A bill to amend Part 3 of Article 1 of Chapter 3 of the Official Code of Georgia Annotated, relating to housing authority commissioners, so as to provide that any such authority may compensate its commissioners. Referred to the Committee on State Planning & Community Affairs. HB 415. By Representatives Ehrhart of the 36th, Westmoreland of the 104th, Powell of the 23rd and Jones of the 71st: A bill to amend Chapter 12 of Title 25 of the Official Code of Georgia Annotated, so as to provide that no license shall be required for firms which engage only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Referred to the Committee on Industry. 286 JOURNAL OF THE HOUSE, HB 416. By Representatives Martin of the 47th, Henson of the 65th, O'Neal of the 75th, Jones of the 71st, Culbreth of the 132nd and others: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for licensing of associate professional counselors. Referred to the Committee on Health & Ecology. HB 417. By Representative Jamieson of the 22nd: 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 with respect to purchasing or retrofitting certain single-family homes with accessibility features. Referred to the Committee on Ways & Means. HB 418. By Representatives Jamieson of the 22nd, Buck of the 135th, Coleman of the 142nd, Parrish of the 144th and Greene of the 158th: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to classify certain commercial vehicles as a separate class of property for ad valorem tax purposes. Referred to the Committee on Ways & Means. HB 419. By Representatives Jamieson of the 22nd and Lee of the 94th: 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 taxation with one subclass including heavy-duty equipment motor vehicles. Referred to the Committee on Ways & Means. HB 420. By Representative O'Neal of the 75th: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," so as to redefine the term "educator"; to provide for an additional definition; to provide for the appointment of members emeritus of the Professional Practices Commission. Referred to the Committee on Education. HB 421. By Representatives Hecht of the 97th, Barnes of the 33rd, Tolbert of the 25th, Walker of the 141st and Buck of the 135th: A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeals by the state in certain criminal and delinquency cases, so as to authorize the state to appeal certain orders, decisions, or judgments suppressing or excluding certain material evidence. Referred to the Committee on Special Judiciary. TUESDAY, FEBRUARY 4, 1997 287 HB 422. By Representatives Smith of the 175th, Sims of the 167th, Coleman of the 80th, Hugley of the 133rd, Purcell of the 147th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issuance of special "Supporting Public Schools" license plates. Referred to the Committee on Motor Vehicles. HB 423. By Representatives Hecht of the 97th, Lee of the 94th, Skipper of the 137th and Smith of the 109th: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to change the provisions relating to shoplifting so that the fourth or subsequent conviction for shoplifting shall be a felony. Referred to the Committee on Special Judiciary. HB 424. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and Smith of the 102nd: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions. Referred to the Committee on Ways & Means. HB 425. By Representatives Snelling of the 99th and Worthan of the 98th: 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax. Referred to the Committee on Ways & Means. HB 426. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th, Skipper of the 137th, Holland of the 157th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term "livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer. Referred to the Committee on Agriculture & Consumer Affairs. HB 427. By Representatives Dobbs of the 92nd, Murphy of the 18th, Lee of the 94th, Walker of the 141st and Twiggs of the 8th: A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to transfer all responsibilities for probation services from the Department of Corrections to the State Board of Pardons and Paroles. Referred to the Committee on State Institutions & Property. 288 JOURNAL OF THE HOUSE, HR 214. By Representative Jamieson of the 22nd: A resolution creating the Toccoa-Stephens County Governmental Consolidation Study Committee. Referred to the Committee on State Planning & Community Affairs - Local. HR 215. By Representative Poag of the 6th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". Referred to the Committee on Transportation. HR 216. By Representatives Hugley of the 133rd, Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Smith of the 175th and others: A resolution creating the House Study Committee on Libraries and Technology. Referred to the Committee on Rules. HR 218. By Representatives James of the 140th, Tillman of the 173rd and Stallings of the 100th: 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. Referred to the Committee on Public Safety. HR 219. By Representatives Williams of the 83rd, Day of the 153rd, Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for tax credits, tax refunds, or other relief of tax liability. 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 376 HB 377 HB 378 HB 379 HB 380 HB 381 HB 382 HB 393 HB 395 HB 396 HB 397 HB 398 HB 399 HB 400 HriD R IOI8I4 tra nfViicnrr ufluutt/iincgs sncf>?+c lfnuTrfv-Vi>i m in tmVii [FA|)n9 \ L) find \O7 of tins suosection sriflii act to protect trie n^jiits of victims of crimes' as new er th future may be defined fey applicable lawr 44) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney m each judicial ewetrit is authorized te appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit. (c) Each attorney appointed pursuant to subsection (b) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for appointment or promotion to each class shall be as follows: (1) Assistant district attorney I. Te fee eligible ter appointment te this class, an attorney must meet Meet the qualifications specified by subsection (b) of Code Section 15-18-21; (2) Assistant district attorney II. Te fee eligible for appointment te this class, an attorney muat meet Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in the active practice of law for not less than three years or have been a prosecuting attorney for not less than two years; (3) Assistant district attorney III. T-e fee eligible fer appointment te this class, a attorney must eet Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in active practice of law for not less than four years or have been a prosecuting attorney for not less than three years; and (4) Assistant district attorney IV. Te be eligible fer appointment te this class, anattorney must meet Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member of the State Bar of Georgia engaged in the active practice of law for not less than six years or have been a prosecuting attorney for not less than five years, at least two of which were as a prosecuting attorney of the State of Georgia or any of its political subdivisions or as a prosecuting attorney for the United States within the State of Georgia. (d) Except as otherwise provided in Code Section 15-18-15, each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule provided for in subsection (e) of this Code section. The salary range for each class established in subsection (c) of this Code section shall be as follows: (1) Assistant district attorney I. Not less than $10,186.00 $27,696.00 nor more than 65 percent of the compensation of the district attorney; TUESDAY, FEBRUARY 4, 1997 299 (2) Assistant district attorney II. Not less than $21,318.00 $30.552.00 nor more than 70 percent of the compensation of the district attorney; (3) Assistant district attorney III. Not less than $26,582.00 $37.140.00 nor more than 80 percent of the compensation of the district attorney; and (4) Assistant district attorney IV. Not less than $20,846.00 $42.966.00 nor more than 90 percent of the compensation of the district attorney. (e) Subject to the salary range established by subsection (d) of this Code section, the Deportment ef- Administrative Services Prosecuting Attorneys' Council of the State of Georgia shall develop and promulgate a salary schedule for each class of attorney p*evided for by subsection ef- this Code section. The satey schedule shaft be- similar t 4.U., -.-i..-- ~~u..J..1-- -J--j.--l l^TT +u~ Of n fr AjTrrif ffiinf nm nf Pnrannnrl AHininintrnHAn U1U SttnXTj* Jl'llL'UUll'U UUU^Jll'U Ity L11L LJliUlA* IVlLyl 11/ LJJI a LU111 OT 1. I*10U1111U1 1 lUU*iuitjf*uvAli cstaulisnmg tnc soiary scncuulc, oil amounts stiali DC rounded oil to tnc nearest wnoic delte as provided in Code Section 15-18-19. (f)(l) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of aubscction -(fc) of this Code section Code Section 15-18-19. (2) The following requirements shall apply to the appointment of attorneys: (A) Except as otherwise provided by subparagraphs (B) through {E} (F) of this paragraph and by subsection {i} ef- this Code section Code Section 15-18-19, all attorneys shall be appointed in the entry grade established for the class for which the district attorney determines they are qualified; (B) Any person whe is employed as a state paid- assistant district attorney e June 36? 1084, shall be appointed te the appropriate class at the satey step whieh pre- district attorney was receiving en June 36; 1084; provided, however, that, if the dif- be appointed pursuant te this subparagfaph is leas-than $100.00, then such assistant district attorney may be appointed te the ext higher salary step; { }(BJ Any person who shall have successfully completed a prosecutorial clinic established at a law school accredited by the American Bar Association, which has been approved by the Prosecuting Attorneys' Council of the State of Georgia, may be appointed as an assistant district attorney I at the salary step which is one step above the entry step; {BMC) Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the Division of Forensic Sciences of the Georgia Bureau of Investigation or a comparable agency of the United States or any of the several states may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade; {E}(D) Any person employed as a prosecuting attorney by the Attorney General of this state, the Prosecuting Attorneys' Council of the State of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment; and {P}(E) Any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, an LL.M. or S.J.D. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified^ and (F) Any person who is eligible for appointment as assistant district attorney IV who has been engaged in the active practice of law for more than ten years may be appointed at a salary step above the entry level on the basis of one step for every three years of experience over ten years. (3) !H*e Except as provided in subsection (g) of this Code section, the provisions of paragraph (2) of this subsection shall not apply to personnel who transfer from a 300 JOURNAL OF THE HOUSE, nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another. (g) Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a district attorney's office who accepts an appointment in another district attorney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same salary step. (h)(l) All salary advancements shall be based on quality of work, education, and performance. (2) The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment^ provided, however, that any attorney who, subsequent te his appointment pursuant te this Code section, attaina a LL.M. degree, may be advanced two sfliftpy steps eiiective on the iirst dfly 'Of 'trie cflierid&r month toiiowin the SWOPS Or tllC bbrftrr Q.GFCC. JNO fitttOFUCy S SfllflPy ShQ.ll DC 1HCFCQ8CQ DCyOnd the HIftXlIBUnH Or mode JR flccopu&nee with steps HI the sftiftpy schedule provided1 top uy su DSCction \e/ ef-this Code acction. (3) Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class. (i) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code section, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion. (j) The county or counties comprising ft judicial circuit may supplement the salary ef any attorney appointed by a district attorney pursuant te this Code acction. \n/^ i) Ejfi.en district flttopney shcm tix the compeusfition to De pfiid TO eflcn flttopney flppointed pupsuftnt to this Oode section IR ficcopd&nce with the clsss to which the attorney is appointed and the appropriate step of the salary schedule. (2) The Department ef Administrative Services, i cooperation with the Prosecuting ovcvnin the method ^t &nd ropms to De used tor the flppointment^ tp&nstopj sftiflpy advancements reductions, and promotiona of- attorneys appointed pursuant te this Code section. (3) The Department of Administrative Services shall revise th salary schedules ptevideo ior oy suusectiort \e/ ot this oodc section find the entry level sftiflpies provided for by aubacction {d) ef-this Code section te include coat-of-living increases wiieh may be granted from time te time te members ef the claaaificd service ef the State Merit System ef- Personnel Administration. installments by the commissieBef ef- administrative services ft-em funds appropriated Or flvftiiflDie lof the opctfition ot the superior courts. SECTION 6. Said chapter is further amended by striking subsections (d) through (m) of Code Section 15-18-14.1, relating to district attorney investigators, and inserting in lieu thereof the following: TUESDAY, FEBRUARY 4, 1997 301 "(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established fey the Department ef Administrative Services as follows: pursuant to Code Section 15-18-19. {!) The salary range for the investigator appointed pursuant to this Code section shall be not less than $10,600.00 $23,490.00 nor more than 70 percent of the compensation of the district attorney from state funds.} and (2) The salary achedulc shall be similar te the general pay schedule established by the otfltc iVicpit oysteuft of .personnel /\dmmistrotion tnd sriflri provide lor s ininimxiift cunounts 3nfixi oe pou.HQ.cci oil to tn neflpest wnole ctoiiftr. i Re ueps.ptment or /vcunmistrativc Services shall revise the salary schedules provided for in this subsection and the entry level salary catabliahcd fey paragraph (!) ef this subsection te include cost of-living increases which stay be granted from time te time te mcmbcra of the class! fied service of the State Merit Syatcm of Personnel Administration. shall be writing by the district attorney i accordance with the provisions ef subscc tien {# of this Code section. ffi(e)(l) A Except as otherwise provided in this subsection, a district attorney investigator shall be appointed initially to the entry grade of the general pay schedule. (2) Any person who is employed in a nonstate paid investigator's position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the investigator position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service, as defined in Code Section 15-18-14, may be appointed to the salary step which is one step above the annual salary such person received on the last day of employment immediately preceding said appointment. (4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof, may be appointed to the salary step above the entry level based on one step for every three years experience as a full-time certified peace officer. (g) All salary advancements shall be based en quality ef work and performance. 'Fhe salsty of pcpsonnci ftppoint>cd puPSu&nt TO tnis t>ode section mcty DC fldvflnced one step TH the first ef the calendar month following the anniversary ef- such person's appointment. Ne employee's salary shall be advanced beyond the maximum ef-the salary schedule. \_O-J /\ny reduction itt s&iftpy 9110.11 DC m&de1 itt ftCCOPdftftce witn *ne sfliflpy scneduie pro* vidcd for i subsection {d} ef-this Code section. \i/ -I ntc county of counties comprising t judicifli cIPcurt nifty supplement tnc sftispy of any district attorney investigator appointed pursuant te this Code section. {j)(f) 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 provisions of Code Section 15-18-12. (k) The Prosecuting Attorneys' Council ef- Georgia shall adopt and- amend policies, rules, and regulations establishing recorda and procedures concerning personnel actions as may i&e neccss&py to coppy out tiie HItent of tni9 oodc section. (1) The salaries provided for this Code section shall fee paid from funds appropriated or available for the operation ef the superior courts in -the same manner s is provided fey tew fer assistant district attorneys. (.mj ttt tne event triflt tne genepfti ftpppoppi&tions Act does not cotttftin ftpppoppi&tions several district attorncya' offices in such a manner aa witt further the intent ef- this- Code acction and provide an investigator te the maximum number ef judicial circuits." 302 JOURNAL OF THE HOUSE, SECTION 7. Said chapter is further amended by inserting after Code Section 15-18-14.1, a new Code Section 15-18-14.2, to read as follows: "15-18-14.2. (a) The district attorney is authorized to employ a victim assistance coordinator and such other victim assistance personnel as may be necessary to assist the district attorney in carrying out the duties imposed by Chapter 17 of Title 17 relating to the rights of victims of crime or other laws of this state relating to the rights of victims of crimes. Any such personnel shall be compensated by the state in the same manner as other state paid personnel appointed pursuant to this article from such funds as may be appropriated for such purpose or as are otherwise available for such purpose. Such personnel shall also be authorized to receive the same fringe benefits as other state paid personnel. (b) Subject to the provisions of Code Section 15-18-19, the district attorney shall fix the compensation of each person appointed pursuant to this Code section; provided, however, that the maximum salary for any such position shall not exceed 70 percent of the annual salary of the district attorney from state funds. (c) Each person employed as a victim assistance coordinator or victims advocate shall complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within 12 months of such employment and such in-service training as the council shall by rule prescribe. (d) Not later than June 1 of each year, the Prosecuting Attorneys' Council of the State of Georgia shall furnish to each district attorney and the Department of Administrative Services a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section." SECTION 8. Said chapter is further amended by striking subsection (c) of Code Section 15-18-15, relating to chief assistant district attorneys, in its entirety and inserting in lieu thereof the following: "(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 et te exceed $1,200.00 pef annum. Said amount ahall be paid equal monthly installments fre state funda appropriated or available for th operation ef- the superior courts based on the salary schedule developed by the Prosecuting Attorneys' Council of the State of Georgia pursuant to Code Section 15-18-19." SECTION 9. Said chapter is further amended by striking Code Section 15-18-17, relating to employment of secretaries for district attorneys, which reads as follows: "15-18-17. (a) Each district attorney is authorized to employ two legal secretaries. Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the district attorney who employed them and shall perform such duties and assignments as shall be prescribed by the district attorney. (c)(l) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. After Step 7 there shall be four additional steps known as Step L-l through Step L-4. Step L-l shall be $23,536.05 annually and Step L-4 shall be $27,244.50 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step. (2)(A) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated TUESDAY, FEBRUARY 4, 1997 303 for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration which is effective after June 30, 1990. (B) Each step on said pay schedule to be paid from state funds shall be increased on the effective date of any action by the State Personnel Board which takes effect after June 30, 1989, and which increases all merit system classes one or more pay grades. The amount of such increase shall be 5 percent for each pay grade that the merit system classes are increased. If the action of the State Personnel Board provides for employees to move to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade, then the same provision shall operate to keep secretaries at the same salary, except where it is necessary to bring a secretary to the new salary for Step 1. (3) Each district attorney may grant to each secretary a merit increase equal to one step on Steps 1 through 7 of the pay schedule, or any revised pay schedule, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws. Each district attorney may grant to each secretary who has advanced to Step 7 or above a merit increase in Steps L-l through L-4 at any time not less than 24 months since the last merit increase under this or any previously existing laws. (4) Each secretary employed on July 1, 1985, shall be: (A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985; or (B) Placed upon the next higher step of the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of paragraph (3) of this subsection. (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 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a district attorney 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. (d) The compensation of each secretary shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid to each secretary, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts.", and inserting in lieu thereof a new Code Section 15-18-17 to read as follows: "15-18-17. (a) Each district attorney is authorized to employ two legal secretaries. (b)(l) Except as otherwise provided in this subsection, legal secretaries appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 15-18-19. The entry step and maximum allowable salary for such secretaries shall be equivalent to that authorized for pay grade 27 of General Pay Schedule M as adopted or amended for classified employees of the State Merit System of Personnel Administration. (2) Any person who is employed in a nonstate paid secretarial position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the secretarial position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a state paid secretary to a superior court judge pursuant to Chapter 6 of this title and who is appointed as a legal secretary pursuant 304 JOURNAL OF THE HOUSE, to this Code section without a break in service may be appointed to the salary step which is equal to the compensation such person received as a secretary for said judge. (4) Any person employed in a comparable clerical or secretarial position by an agency of this state who is appointed to a secretarial position pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceeding said appointment. (5) Any person employed as a legal secretary on July 1, 1997, shall be appointed to the appropriate step which provides an annual salary nearest to, but greater than, the annual salary such secretary was receiving on July 1, 1997. (c) All personnel actions involving secretaries appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-18-19." SECTION 10. Said chapter is further amended by striking Code Section 15-18-18, relating to alternate hiring procedures for secretaries, and inserting in lieu thereof the following: "15-18-18. (a) In lieu of hiring a secretary under Code Section 15-18-17, each district attorney, with the written consent of the governing authority of any county or counties within his or her judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. Upon employing the secretary, it shall be the duty of the district attorney to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the district attorney to notify the commissioner of any change in the status or compensation of the secretary. The commissioner of administrative services shall reimburse the county or counties paying the compensation from funds appropriated or otherwise available for the operation of the superior courts for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Congress approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended; but such payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-18-17. (b) The provisions of this Code section shall apply only to those personnel employed prior to July t, 1995. In the event of any vacancy which occurs after July J^ 1995, jn a position heretofore compensated by a county pursuant to this Code section, said vacancy shall be filled as provided in Code Section 15-18-17." SECTION 11. Said chapter is further amended by striking Code Section 15-18-19, relating to county supplements for secretaries of district attorneys, which reads as follows: "15-18-19. Any law to the contrary notwithstanding, the county or counties comprising each judicial circuit within this state are authorized to supplement the compensation of any secretary employed by any district attorney, including those secretaries employed by or paid from the funds of the state.", and inserting in lieu thereof a new Code Section 15-18-19 to read as follows: "15-18-19. (a) All state paid personnel employed by the district attorneys pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Personnel employed by the district attorneys pursuant to this article shall have such authority, duties, powers, and responsibilities as are authorized by law or as assigned by the district attorney and shall serve at the pleasure of the district attorney. (c) Subject to the provisions of this chapter, the Prosecuting Attorneys' Council of the State of Georgia shall, with the advice and consent of a majority of the district attorneys, adopt and amend uniform policies, rules, and regulations which shall apply to all TUESDAY, FEBRUARY 4, 1997 305 state paid personnel employed by the district attorneys. Such policies, rules, and regulations may include provisions for the appointment, classification, promotion, transfer, demotion, leave, travel, records, reports, and training of personnel. Such policies, rules, and regulations shall be consistent with the duties, responsibilities, and powers of the district attorneys under the Constitution and laws of this state and the rules of the trial and appellate courts. Not less than 30 days prior to taking final action on any proposed policy, rule, or regulation adopted pursuant to this Code section, or any amendment thereto, the council shall transmit a copy of said policy, rule, regulation, or amendment to all district attorneys and the presiding officers of the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate, (d) District attorneys and state paid personnel employed by the district attorney shall be entitled to annual, sick, and other leave authorized by the policies, rules, or regulations adopted by the council pursuant to subsection (a) of this Code section. Subject to the provisions of Code Section 47-2-91, district attorneys who are members of either the District Attorneys' Retirement System or the Employees' Retirement System of Georgia shall also be entitled to receive creditable service for any forfeited annual or sick leave. (e)(l) The council shall establish salary schedules for each such state paid position authorized by this article or any other provision of law. Said salary schedules shall be similar to the general and special schedules adopted by the State Merit System of Personnel Administration and shall provide for a minimum entry step and not less than ten additional steps, not to exceed the maximum allowable salary. In establishing the salary schedule, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary schedule to include across the board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The district attorney shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the class to which such person is appointed and the appropriate step of the salary schedule. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be advanced one step at the first of the calendar month following the annual anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay schedule. (4) Any reduction in salary shall be made in accordance with the salary schedule for such position and the policies, rules, or regulations adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the district attorney, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article." SECTION 12. Said chapter is further amended by inserting after Code Section 15-18-20 a new Code Section 15-18-20.1 to read as follows: "15-18-20.1. Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Department of Administrative Services to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be 306 JOURNAL OF THE HOUSE, entitled to the same fringe benefits as other state paid personnel employed by the district attorney pursuant to this article. The governing authority of such county or municipality shall transfer to the department such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel." SECTION 13. Said chapter is further amended by adding at the end of Code Section 15-18-40, relating to the establishment, purpose, and functions of the Prosecuting Attorneys' Council of the State of Georgia, a new subsection (c) to read as follows: "(c) The council: (1) Shall be the fiscal officer for the prosecuting attorneys and shall prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the district attorneys' and solicitors-general's offices; and (2) From such funds as may be appropriated or otherwise available for the operation of the superior courts or prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contact with the Department of Administrative Services or any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose." SECTION 14. The Department of Administrative Services is authorized and directed to transfer to the Prosecuting Attorneys' Council of the State of Georgia such funds as may be necessary to carry out the provisions of Section 4 of this Act. SECTION 15. (a) Notwithstanding the provisions of Code Section 1-3-4.1 and except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1997. (b) Section 7 of this Act shall become effective on July 1, 1998. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, 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 Y Baker Y Bannister Y Barfoot Y Barnard Y Barnes E Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Da , G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Du Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Lane Lee Y Lewis Y Lord Lucas Y Maddo* Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves TUESDAY, FEBRUARY 4, 1997 307 Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Lane of the 146th 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 125. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: 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 superior courts, so as to provide for employment, compensation, expenses, and benefits of personnel employed within the offices of superior court judges. 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 superior courts, so as to provide for employment, compensation, expenses, and benefits of personnel employed within the offices of superior court judges; to provide for the status, authority, policies, leave, compensation, expenses, supplies, supplements, and alternative procedures related to or applicable to personnel in the offices of superior court judges; to provide for the reimbursement of counties under certain circumstances; to provide for powers of The Council of Superior Court Judges of Georgia; 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 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, is amended by striking Code Section 15-6-25, relating to employment and compensation of secretaries of superior court judges, and inserting in lieu thereof a new Code Section 15-6-25 to read as follows: "15-6-25. (a) Each superior court judge is authorized to employ a secretary. Baeh sccfctary so employed shall be tat employee ef the judicial branch of state government and ahall tee in the unclassified service ef ttee State Merit System ef Personnel Administration. (b) Secretaries employed pursuant te this Code section shall serve at the pleasure ef- the oupcrior eeart judge wh employed them and ahall perform such duties and assignments as shall be prescribed by the superior eert judge. All personnel actions involving secretaries appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27. (c)(l) The base *Bal salary ef each secretary shaH tee established -on a pay schedule i-.p frj n Tittig nt Rf.fn 4- whifh qhflll Ytt* (PIP QKfi Of) nnminllv nnH mHinu' nt Qj"ffi -7 whiph 308 JOURNAL OF THE HOUSE, tAxAo oCi+/nur^>j Ij__i_"1. +tiViriyu/\uiifgi4iti oQttcojnj Tij~*At. oQi+ici-jnj uT _1i; nHVImifiilll TKTpC <iufl oOt*u--p~ IL_j"_"if otfflll V)p ffi^'7 24-4- fifl nnrtiiflllv Eoch qtcp within flflid ^chmdlllo flhfill be cciiinl t.n nn amount 6 percent greater than the previous stepr fj.rj.nm jui aLJt^fUtKtnV fitn*riiivr*lao isVntanilll 1u"c trie SfliBe inninCF^ cliective on tiic 9&me dfttCj fts msy oc ftppFopnQtod for ay across-the-board incrcaac for members f the clasaificd aervicc ef :rtie State Merit System ef Personnel Administration that eeears after June 30; 1000. \D/ cj&cn 9t>ep on sflid ps.y sciicduie tct ue p&id irom stflte imids sftftii DG inereQfled e the effective date ef any action by the State Personnel Beard which takes effect grades. ^Ffee amount ef such increase shaH be & percent for each pay grade that the vides tor employees t^ move to ft new psy ^rfldc witnout 1RCPCQ.9C) except wnerc rt ts ncccssflpy to orm employees TO tne mmiifttiH^ step of tne new ptty ^rcicic, tncn Ae sam provision shall operate te keep sccrctarica at the same salary, except where \o) Ciftcn superior court judge moy grtint to efteft secretstty ft merit incrcflse eo^ucu to completion or one yefir ot service under tni9 scncduic or ftr ony time not less tiiftft TS montns since tne i&st merit increo.se under tnis or &sy previousiy existing rftws or ftt etnploymcnt rt no mcrrt increase nfis occn grftnted under previously existing i&ws. jftCn superior court judge 'mfly grant to eften secretary wno nfts advanced TO otcp ~r montha sisee the laat merit increaac under this er any previously existing laws. \^) Miftcft secrotftry employed on uttiy x^ 11/00, snail oe placed upon tne flpppopnate through fely ^ WS&-. (6) Each ew secretary appointed after Jly 1; 1086, shall be placed en Step 1 ef the pay schedule m effect the date ef- appointment; provided, however, that? (A) A secretary employed antler Code Section 16-18-17, authorizing the employment OT district attorney s secretaries^ may transfer to tnis pay scncdurc upon appoint* aaest as a accrctary te a judge ef the superior court at the step equal te the current salary being received tf no interruption m state employment occurs fts ft result ot the appointment; appointment pursuant te this Code section may tranafcr te this pay schedule after appointmcnt pursuant to tins oodc section ftr tne step wfticn is closest to~ out not thia Code section on of after July ^ 1006, nd -tfeete was **o interruption in employ flaent as a result of such appointment; //^*\ A -ipfTfii-nTV pyy.-ft1nvpH iTorfpT fliitVtnritv rtttinr tHnn OnHp Qpfl'Tfin 1 Ft-1 R^-1 7 fta * scoretary to a district attorney tn tins state Dctorc appointment pursuant to this received tti sucn secretary s previous employment as ft sceretary to ft district attor ey after appointment pursuant te this Code section if- there was ne interruption in employment as a result ef- auch appointment; and (D) A secretary whe mccta the criteria ef aubparagraph {B} ef this paragraph ad whe has worked for at least two years for a state court judge whose duties included hearings state court and superior court shall receive an additional pay step above the compensation resulting from the application ef- aubparagraph (B^ ef this para' grapnr frem state funds appropriated er otherwise available for the operation ef the superior TUESDAY, FEBRUARY 4, 1997 309 oddition T0 til6 sflisry pfiid to cflcii sccrctflpy) flfiy employer s contribution Dy tiie ftct of o engross > spproved August 14, J.yoo'j 4y otQt. osuj itnown tts tne uons or FGQUircmeHIS issued pursnout liicreto, snQH 8.130 oe p&id iroitt tunds Qppropri ~ erted e* otherwise ad available for the operation of the superior courts." SECTION 2. Said article is further amended by striking Code Section 15-6-26, relating to county supplements for secretaries of superior court judges, which reads as follows: "15-6-26. Any law to the contrary notwithstanding, each county within this state is authorized to supplement the compensation of any secretary employed by any judge of the superior court, including those secretaries employed by or paid from the funds of the state.", and inserting in lieu thereof the following: "15-6-26. Reserved." SECTION 3. Said article is further amended by striking Code Section 15-6-27, relating to alternative procedures for hiring secretaries, which reads as follows: "15-6-27. (a) In lieu of hiring a secretary under Code Section 15-6-25, each superior court judge, with the written consent of the governing authority of any county or counties within his judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. (b) Upon employing such secretary, it shall be the duty of the judge to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the judge to notify the commissioner of any change in the status or compensation of the secretary. (c) The commissioner of administrative services shall reimburse the county or counties paying the compensation, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, but the payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-6-25.", and inserting in lieu thereof a new Code Section 15-6-27 to read as follows: "15-6-27. (a) All state paid personnel employed by the superior court judges pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Personnel employed pursuant to this Code section shall have such authority, duties, powers, and responsibilities as are assigned by the appointing superior court judge or as authorized by law or by the uniform policies and procedures established by The Council of Superior Court Judges of Georgia and shall serve at the pleasure of the superior court judge. (c) Subject to the provisions of this Code section, The Council of Superior Court Judges of Georgia shall adopt and amend uniform policies, rules, and regulations which shall apply to all state paid personnel employed by the superior court judges. Such policies, rules, and regulations may include provisions for appointment, classification, transfers, leave, travel, records, reports, and training of personnel. To the maximum extent possible and consistent with the duties and responsibilities of the superior court judges and the rules of the trial and appellate courts, such policies, rules, and regulations shall be 310 JOURNAL OF THE HOUSE, similar to policies, rules, and regulations governing other state employees; provided, however, no policy shall be implemented which reduces the salary of any personnel employed on the effective date of this Act. Not less than 30 days prior to taking final action on any proposed policy, rule, or regulation adopted pursuant to this Code section, or any amendment thereto, the council shall transmit a copy of the policy, rule, regulation, or amendment to all superior court judges and the chairpersons of the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate. (d) State paid personnel employed by a superior court judge shall be entitled to annual, sick, and other leave authorized by the policies, rules, or regulations adopted by the council. (e) Subject to the provisions of Code Sections 15-6-25 and 15-6-28, the council shall annually promulgate salary schedules for each state paid position. Salaries shall be paid in equal installments from state funds appropriated or otherwise available for the operation of the superior courts. (f) Personnel compensated by the state pursuant to this article shall be entitled to receive, in addition to such other compensation as may be provided by law, reimbursement for actual expenses incurred in the performance of their official duties in accordance with the rules and regulations established pursuant to Article 2 of Chapter 7 of Title 45. Such reimbursement shall be made from state funds appropriated or otherwise available for the operation of the superior courts. (g) Personnel compensated by the state pursuant to this article are authorized to purchase such supplies and equipment as may be necessary to enable them to carry out their duties and responsibilities. The funds necessary to pay for such supplies and equipment shall come from funds appropriated or otherwise available for the operation of the superior courts. (h) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid personnel appointed pursuant to this article. (i) The governing authority of any municipality within the judicial circuit may, with the approval of the superior court judge, supplement the salary or fringe benefits of any state paid personnel appointed pursuant to this article. (j) In lieu of hiring personnel under this article, superior court judges, with the written consent of the governing authority of any county or counties within a judicial circuit, may employ personnel who shall be employees of the county which pays the compensation of the personnel. The county shall be reimbursed, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to the personnel plus any employer contribution paid for the personnel under the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, but the payments shall not exceed the maximum amount payable directly to or for the personnel as promulgated by The Council of Superior Court Judges for state paid personnel. In the event of any vacancy which occurs after July 1, 1997, in a position compensated by a county pursuant to this Code section, the vacancy may be filled as provided in Code Section 15-6-25." SECTION 4. Said article is further amended by striking Code Section 15-6-28, relating to law clerks and court administrators for judicial circuits, and inserting in lieu thereof a new Code Section 15-6-28 to read as follows: "15-6-28. (a) The jttdge of eah judicial circuit who is the chief judge of th circuit is authorized te employ either one law clerk er one eewt administrate? fet the circuit. (b) Each law eJerit or eert administrate? so employed shall fee a* employee f-the judicial branch of the state government and shall be m the unclassified service ef- the State Merit Syatcm ef Personnel Administration. :Phe law elerif or court administrator shall be compensated in a* amount as set forth by this Code section. the eeart administrator as provided and fixed H* this Gede section shall be paid m equal TUESDAY, FEBRUARY 4, 1997 311 monthly inotallmcnta from state funds appropriated er otherwise made available for the opcpfttion of TH supenop courts. Kit16c11ve ^uiy TJ i.JoU) tne mftximinn iijjupe provided iri til19 OOOC SCCtlOU l&t SUCn SfiiftPlCS WftlCn ftPC tO OC pftld IPOm Stftte lundS 3lift11 i&C miy QCPO89"me^oOftpcr Hicreftsc IOP mem oers of tnc cisssitled service of trie btote iVLepic System ef Personnel Administration, provided that funds are appropriated te ftmd saeh \.Q.) Any person to i&e empioyed os st iflw eiepR must DC ft memucp of* tne* otflte OS.T of* additional qualifications as shall be determined by the jdge employing the tew clerk. \v) Cificii iflw ciepif of court flQmini9rpfltop snftii serve tt tne pieflsurc of tne jud^e employing the eterh or eeaft administrate?; Each law elerk r eeart adminiatrater shall perform sueh duties and services as shaH be prescribed by the judge. (f) Any provision ef law te the contrary notwithstanding, each county within this state is authorized te supplement the compensation ef any law elerfc er eeft adminiatrater employed ander this Gede section. \) Any person to De cmpioyco. fts & court Qdmin19trstor undep tnis t*odo sectiofi sftftir pooscao sueh qualifications as shall be determined and prescribed by the jttdge employ iag theeeart administfaterr (h) If a judicial eireait through ene or store f its counties employs mere than ee tew eterk and all auch tew eterks are county employees and are paid from funda ether than state funds, the county which administers the employment may ake application te the ucpftFt'inGnt of ActministP&cive oervices iof teimoupsement of trie sfliftpy ctmount only of the submission ef seh documentation by the county as the Department ef- Administra tive Scrvicca may reasonably reqwe * order te verify actual employment ef- mere than ene tew clerk, the department shall pay ever te the county the state salary amount ft-erasuite funds tpppopPIQtod of otnerwise mo.do Qv&11QDle top tnc opepQtion of tne supenop (a) The chief judge of each judicial circuit is authorized to employ either one law clerk or one court administrator for the circuit. (b) The chief judge of a judicial circuit wherein there is located an institution of the state designated by the Department of Corrections for carrying out the death sentence is authorized to employ a law clerk whose primary duty shall be to assist the court in handling appeals made by individuals awaiting execution. (c) All personnel actions involving law clerks and court administrators employed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27." SECTION 5. Said article is further amended by striking Code Section 15-6-28.1, relating to the employment of law clerks by chief judges of circuits having institutions for carrying out death sentences, and inserting in lieu thereof the following: "15-6-28.1. (a) As sed i this Code section, the term: (.1.7 Onioi jud^c meflfts tne jud^e of tnc superior courts of ft judicifli cipcuit OP^ "Hi tnosc judicial CIPcuits nflvtng IPIOPO tncin one jttd^e, tne jtide of tne superior courts with the longest peried ef service. (2) 'Judicial circuit' means ay judicial eireait ef- this state wherein there is a insvitetion of tne stfltc designsted uy tne uepftptmefit &t ooppections top cflppyin out tne death sentence. \Dj\rj x ne cniei judc of cs.cn judici&i circuit is &utnoriKed to employ ft KIW CIOPK whose primary duty shall be te assist the court is handling appeals made by individuate awaiting execution. IPhe tew elerfc ohall have saeh additional duties as may be pre- Dy tno cniot judge, xo t)e eii^i Die *of tne position &s iflw CICPK, ft pcpson must -- --tivr iiipir>hpr f>f thn fitoi'p Rfli* nf f-! AAririfl f\T pi i gihlp ff\ tnlfp thp 5ntnJT Rnf 312 JOURNAL OF THE HOUSE, judicial branch of the state government fmel m the unclassified service of the State Merit Syatcm of Personnel Administration, shall possess such additional qualifications &traa q3Viic.fu.1T1 Uiw~ urlcn+vnerrmmir1>1iocr\1i Vuyv ftVu>cn ir/V11uicoif jinuHutgrirs-, an.niiHu idViiiunlul njncri-Lvrir- ee*rr tmhfv>. rtl.r^ncaa9iiurinc Atjr +tViico C'HUiI--CJI judge. /^o\/ mA --i tfuimnumuiri>ii+' nrtru>jt- ttrw CmArUfnCnCrUl fifpilAQOFjUlflWA .A\^Aj npoe-rr ijri/renuT. luAi* i}/iiAe> aanttlroaTrTj^J n orf tbVu>^or Ilnutntr made available for the operation ef the superior courts. Effective Jaly IT 1084, the salary amount provided by this paragraph shaH be increased at the sae manner, cffcctive en the same date, as stay be appropriated for ay across-the-board increase for members of the classified service ef- the Stete Merit System of Personnel Administration, provided that funda ate appropriated te fund saeh increase. Bah county within the judicial circuit is authorized te supplement the salary ef the tew clcrlt. (c) The chief ja4ge ef- a judicial circuit employing a law eterit pursuant te subsection (h)ef this Code section shall notify the commissienef ef- administrative services ef- thenae t the law cicr&. it sno.il Also oe tne fluty 01 tfte eiiiei judge to notify me commissioner of aflministrativc services ot flny cnange IR tne status or saiflry 01 tne law cieric. x no chici judge shalx be authorized to designate the county ot the* judicial circmt wherein such law cierJK shall mamtain nis oiiice and carry out his duties} and trie governing authority ef- the eetmty se designated shaH provide suitable space for the ktw clerk. (d) The chief- jtfdge ef a judicial eirajit employing a tew eterit as provided m subsection {b} ef this Code section may purchase auch supplies ad- equipment as may be necessary te enable the tew eterfc te eay eat his duties ad- responsibilities. The funds necessary te pay for such supplies toetA equipment shall eeme fi-em funds appropriated er otherwise ade available fer ttie operation ef the superior courts. Reserved." SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on the first day of July immediately following the approval of this Act by the Governor or its becoming law without such approval. SECTION 7. All laws and ports of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andersen Y Ashe Bailey Y Baker Bannister YBarfoot Y Barnard YBarnes E Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Connell Y Cooper 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 Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Lane Lee Y Lewis Y Lord Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Crock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell TUESDAY, FEBRUARY 4, 1997 313 Y Purcell YRagas YRandall YRay Y Reaves YReichert Y Rice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 substitute. Representative Lane of the 146th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. HB 190. By Representatives Jamieson of the 22nd, Twiggs of the 8th and Tolbert of the 25th: A bill 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 employment of at least one full-time peace officer as a condition of receiving a speed detection device permit. The following Committee substitute was read: A BILL 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 employment of at least one full-time peace officer as a condition of receiving a speed detection device permit; to restrict the use of speed detection devices by counties, municipalities, colleges, and universities; to remove certain evidentiary restrictions; to regulate the use of speed detection devices in proximity to certain speed reduction areas or highway grades exceeding 7 percent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, is amended by striking subsection (c) of Code Section 40-14-2, relating to use permits for speed detection devices and employment of certain peace officers, and inserting in its place a new subsection (c) to read as follows: "(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant employs at least one full-time e* part-time certified peace officers officer. Speed detection devices can only be operated by full-time registered or certified peace officers of the county, municipality, college, or university to which the permit is applicable." SECTION 2. Said chapter is further amended by striking Code Section 40-14-9, relating to inadmissibility of certain evidence and use restrictions pertaining to speed detection devices, and inserting in its place a new Code Section 40-14-9 to read as follows: 314 JOURNAL OF THE HOUSE, "40-14-9. (a) No speed detection device shall be employed Evidence obtained by countyz e* municipal; or campus law enforcement officers in using speed detection devices within: (1) Within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution ef- a violation ef- any municipal ordinance, county ordinance, t state tew regulating speed? nor 9fiut such evidence tec* Qdnnissi Die H3r tftc pi*osccutIOR Of ft vi01ftlion ft& fltofe98.1d when stteh violation has occurred within; or (2) Within 30 days following a reduction of the speed limit in the area whefe the vielation took piece. (b) No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has is within 300 feet in either direction of a grade in excess of 7 percent inside an incorporated municipality or within 600 feet in either direction of a grade in excess of 7 percent outside an incorporated municipality or consolidated city-county government." SECTION 3. Notwithstanding any provision of Code Section 1-3-4.1 to the contrary, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and withdrawn: Representatives Byrd of the 170th and Mosley of the 171st move to amend the Committee substitute to HB 190 as follows: On line 24 page 1 delete the words "full-time". The following amendments were read and adopted: Representatives Perry of the llth and Stancil of the 16th move to amend the Committee substitute to HB 190 as follows: Line 25 page 2 add: (c.) No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any Interstate highway. Representatives Day of the 153rd and Coleman of the 142nd move to amend the Committee substitute to HB 190 by adding on line 20 of page 2 between the word "percent" and the word "inside" the following: "j including a bridge or overpass,". By adding on line 22 of page 2 between the word "percent" and the word "outside" the following: "t includir," a bridge or overpass,". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: TUESDAY, FEBRUARY 4, 1997 315 Y Alien Y Anderaon Y Aahe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes E Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCaah N Channel! Y Childera Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper 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 Oiion, S YDobbs Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard N Hecht Y Heckstall Y Hegstrom Y Henson N Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Ylrvin Y Jackson Y James Y Jamieson N Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L N Massey Y McBee YMcCall N McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas YTillman N Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y West Y Westmoreland N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 17. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following Resolutions of the House were read and adopted: HR 221. By Representative Evans of the 28th: A resolution paying tribute to Lieutenant Charles Brant Chesney. HR 227. By Representatives Scarlett of the 174th and Tillman of the 173rd: A resolution recognizing and commending Peggy Russell. HR 228. By Representative Coan of the 82nd: A resolution commending Robert N. Askew, Jr. HR 229. By Representative Yates of the 106th: A resolution commending Katie Lee Abernathy Stewart Steele. HR 230. By Representative Yates of the 106th: A resolution commending Thomas Edison Steele. HR 231. By Representatives Skipper of the 137th, Floyd of the 138th, James of the 140th and Hanner of the 159th: A resolution commending Mr. Johnny L. Dodson. 316 JOURNAL OF THE HOUSE, HR 232. By Representatives Byrd of the 170th and Cummings of the 27th: A resolution recognizing and commending Honorable Conrad E. Moseley. HR 233. By Representative Barnes of the 33rd: A resolution acknowledging the contributions of senior Georgians; observing the week of February 3-6, 1997, as Senior Week at the Capitol; and recognizing the twentieth anniversary of the Georgia Council on Aging. HR 234. By Representatives Pinholster of the 15th, Stancil of the 16th and Smith of the 19th: A resolution commending John T. Trammell. HR 235. By Representatives Hanner of the 159th, Murphy of the 18th, Connell of the 115th, Coleman of the 142nd, Buck of the 135th and others: A resolution recognizing and commending Honorable J. Lucius Black. HR 236. By Representatives Johnson of the 84th, Walker of the 87th and Dobbs of the 92nd: A resolution commending Coach Ronald M. Bradley. HR 237. By Representative Pelote of the 149th: A resolution recognizing and commending the Rubye J. Johnson Head Start Learning Center. HR 238. By Representatives Hudson of the 156th and Scott of the 165th: A resolution commending Nancy Anderson Mark. HR 239. By Representatives Twiggs of the 8th, Jamieson of the 22nd, Walker of the 141st, Rogers of the 20th and Perry of the llth: A resolution recognizing and commending Harold Mincemoyer. HR 242. By Representatives Buck of the 135th, Twiggs of the 8th, Coleman of the 142nd, Purcell of the 147th and Barnard of the 154th: A resolution recognizing and commending Corporal Frank P. Cowell. HR 244. By Representatives Buck of the 135th, Twiggs of the 8th, Coleman of the 142nd, Parham of the 122nd and Hudson of the 120th: A resolution paying tribute to Deputy William Edward Robinson IV. The following Resolutions of the House were read and referred to the Committee on Rules: HR 240. By Representatives Hudson of the 156th and Scott of the 165th: A resolution commending the 1996 Tift County High School Lady Devils Softball Team and inviting the team to appear before the House of Representatives. TUESDAY, FEBRUARY 4, 1997 317 HR 241. By Representatives Hudson of the 156th and Scott of the 165th: A resolution commending Mr. E. C. "Boo" Addison and inviting him to appear before the House of Representatives. Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 34 Do Pass, by Substitute HB 206 Do Pass HB 213 Do Pass Respectfully submitted, /s/ Coleman of the 142nd Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 67 Do Pass HB 298 Do Pass HB 329 Do Pass Respectfully submitted, /s/ Martin of the 47th 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 following recommendations: HB 12 Do Not Pass HB 248 Do Pass, as Amended Respectfully submitted, /s/ Randall of the 127th Chairman Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: 318 JOURNAL OF THE HOUSE, 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 94 Do Pass, by Substitute Respectfully submitted, /s/ Buck of the 135th Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 6, 1997. THURSDAY, FEBRUARY 6, 1997 319 Representative Hall, Atlanta, Georgia Thursday, February 6, 1997 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 Bailey Barfoot Barnard Barnes Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Bunn Byrd Campbell Canty Carter Cash Channel! Childers Clark Coan Coleman, B Connell Cooper Culbreth Cummings DeLoach, B DeLoach, G Diion, H Diion,S Dobbs Dukes Ehrhart Epps Evans Everett Floyd Franklin Graves Greene Grindley Hammontree Harbin Heard Hecht Henson Holland Hudgens Hudson, H Hudson, N Hugley Jackson James Johnson Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddox Manning Martin, J Martin, J.L Massey McBee McClinton McKinney Mills Mobley Mosley Mueller O'Neal Parrish Parsons Perry Pinholster Poag Ponder Porter Purcell Ragas Ray Reaves Rice Richardson Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Sherrill Shipp Sims Skipper Smith, C Smith, C.W Smith, L.R Smith, P Smith, T Smith, V Snelling Snow S tailings Stancil, F Stencil, S Taylor Teper Thomas Tillman Titus Tolbert Trense Turnquest Twiggs West Westmoreland Whitaker Wiles Williams, B Williams, R Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Powell of the 23rd, Polak of the 67th, Burkhalter of the 41st, Stanley of the 49th, Stanley of the 50th, Parham of the 122nd, Day of the 153rd, Davis of the 48th, Mann of the 5th, Walker of the 87th, Jamieson of the 22nd, Hanner of the 159th, Golden of the 177th, Alien of the 117th, Teague of the 58th, Bordeaux of the 151st, Hegstrom of the 66th, McCall of the 90th, Dix of the 76th, Baker of the 70th, Pelote of the 149th, Roberts of the 162nd, Sinkfield of the 57th, Holmes of the 53rd, Irvin of the 45th, Howard of the 118th, Buckner of the 95th, Reichert of the 126th, Williams of the 83rd, Heckstall of the 55th and Coleman of the 142nd. They wish to be recorded as present. The following communication was received: House of Representatives Legislative Office Building, Room 501 Atlanta, Georgia 30334 February 3, 1997 Mr. Robbie Rivers, Clerk House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers: 320 JOURNAL OF THE HOUSE, This is to notify you that on Thursday, February 6, 1997, I will be in Washington, B.C., representing the Georgia Legislature at the National Prayer Breakfast. I, therefore, respectfully request that ray machine be locked for any and all votes on that day and that I be marked "excused" from voting on that day. Thank you for your outstanding service to the Georgia Legislature and to the citizens of our state. Sincerely, /s/ Ron Crews RC:mb Prayer was offered by the Reverend Leon M. Jeffords, Pastor, First Presbyterian Church, Douglasville, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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 introduced, read the first time and referred to the committees: HB 32. By Representatives Byrd of the 170th and Mosley of the 171st: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real property to be leased by the state. Referred to the Committee on State Planning & Community Affairs. THURSDAY, FEBRUARY 6, 1997 321 HB 428. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change a definition regarding job tax credits; to change provisions regarding tax credits and optional tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1, 2, and 3 counties. Referred to the Committee on Ways & Means. HB 429. By Representatives Day of the 153rd, Culbreth of the 132nd, Royal of the 164th 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 adoption by the state revenue commissioner and requirement of use of a uniform procedural manual for appraising real property. Referred to the Committee on Ways & Means. HB 430. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th, Barnes of the 33rd, Shipp of the 38th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court. Referred to the Committee on State Planning & Community Affairs - Local. HB 431. By Representatives Byrd of the 170th and Powell of the 23rd: A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under "The Retail Installment and Home Solicitation Sales Act," so as to provide that an application for a revolving account shall require certain additional information; to provide conditions under which a revolving account shall be presumed to be signed or accepted by the buyer. Referred to the Committee on Industry. HB 432. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th, Barnes of the 33rd, Shipp of the 38th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit. Referred to the Committee on State Planning & Community Affairs - Local. HB 433. By Representative Williams of the 114th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to limit the liability of professional land surveyors to persons in privity of contract and related persons. Referred to the Committee on Judiciary. 322 JOURNAL OF THE HOUSE, HB 434. By Representatives Joyce of the 1st, Crews of the 78th, Yates of the 106th, Davis of the 60th, Snelling of the 99th and others: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to limit the use of the ground that the marriage is irretrievably broken to enumerated circumstances. Referred to the Committee on Judiciary. HB 435. By Representatives Stancil of the 16th, Pinholster of the 15th, Perry of the llth, Reichert of the 126th and Tolbert of the 25th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige or special license plates, so as to provide for a special decal for persons with disabilities which may be affixed to any prestige or special license plate. Referred to the Committee on Motor Vehicles. HB 436. By Representatives Carter of the 166th and Shaw of the 176th: A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairperson and members of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 437. By Representatives Barnard of the 154th, Breedlove of the 85th, Greene of the 158th and Perry of the llth: A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to allow sentencing an inmate convicted of a misdemeanor of a high and aggravated nature committed within the confines of a state correctional institution to confinement under the jurisdiction of the Department of Corrections. Referred to the Committee on State Institutions & Property. HB 438. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to repeal a provision relating to the transfer of at-risk unruly or delinquent youth to the custody of the Department of Corrections. Referred to the Committee on Children and Youth. HB 439. By Representative Holland of the 157th: 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 that a certain option shall be available to members whose spouses died on or after a certain date. Referred to the Committee on Retirement. THURSDAY, FEBRUARY 6, 1997 323 HB 440. By Representatives Titus of the 180th, Ladd of the 59th, Davis of the 60th and Mueller of the 152nd: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for a duty of care for certain psychologists, physicians, professional counselors, marriage and family therapists, and social workers and to provide for actions and damages for violations of that duty. Referred to the Committee on Judiciary. HB 441. By Representatives Cummings of the 27th, Shanahan of the 10th, McBee of the 88th, Byrd of the 170th, Mills of the 21st and others: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system. Referred to the Committee on Retirement. HB 442. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to retirement allowance options under the Employees' Retirement System of Georgia, so as to provide that a retired member who marries may elect a spouse's option. Referred to the Committee on Retirement. HB 443. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, so as to provide that members may retire with less than 30 years of service. Referred to the Committee on Retirement. HB 444. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, 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 creditable service and the payment required for such creditable service. Referred to the Committee on Retirement. HB 445. By Representatives Childers of the 13th, Shaw of the 176th, Parsons of the 40th, Hudson of the 120th, Perry of the llth and others: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority. Referred to the Committee on Health & Ecology. 324 JOURNAL OF THE HOUSE, HB 446. By Representative Walker of the 87th: A bill to provide a new charter for the Town of Between. Referred to the Committee on State Planning & Community Affairs - Local. HB 447. By Representatives Twiggs of the 8th, Day of the 153rd and Sherrill of the 62nd: A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to the applicability of the Brady Law regulations and the transfer of handguns as collateral for loan or in pawn transactions, 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 448. By Representative Ponder of the 160th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to provide for staggered terms of office. Referred to the Committee on State Planning & Community Affairs - Local. HB 449. By Representatives Powell of the 23rd, Parham of the 122nd, Porter of the 143rd and Dixon of the 150th: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issuance of special license plates commemorating certain organizations, groups, programs, or items. Referred to the Committee on Motor Vehicles. HB 450. 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 Annotated, relating to registration and licensing of vehicles, so as to change certain provisions relating to form and contents of applications for registration; to change certain provisions relating to registration and licensing of vehicles of state and political subdivisions. Referred to the Committee on Motor Vehicles. HB 451. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for four years. Referred to the Committee on Motor Vehicles. HB 452. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd: A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, so as to provide for processing by private persons of applications for titling of vehicles; to change certain provisions relating to exclusions. Referred to the Committee on Motor Vehicles. THURSDAY, FEBRUARY 6, 1997 325 HB 453. By Representative Powell of the 23rd: 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 provisions relating to plumbers and journeymen plumbers; to change the name of the Division of Master Plumbers and Journeyman Plumbers. Referred to the Committee on Industry. HB 454. By Representatives Walker of the 87th, Titus of the 180th and Cummings of the 27th: A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for a definition; to provide for qualifications for licenses; to provide for scope of practice. Referred to the Committee on Health & Ecology. HB 455. By Representatives Teague of the 58th, Maddox of the 72nd, Baker of the 70th, Mobley of the 69th and Brooks of the 54th: A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dangerous dog control, so as to change certain definitions; to classify as a dangerous dog any dog that bites a human being. Referred to the Committee on Judiciary. HB 456. By Representatives Teague of the 58th, Brooks of the 54th, Anderson of the 116th, Ragas of the 64th and McKinney of the 51st: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, 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 additional penalties by the Brain and Spinal Injury Trust Fund. Referred to the Committee on Special Judiciary. HB 457. By Representatives Ehrhart of the 36th, Shipp of the 38th, Sauder of the 29th, Manning of the 32nd, Parsons of the 40th and others: A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court. Referred to the Committee on State Planning & Community Affairs - Local. HB 458. By Representatives Hecht of the 97th, Polak of the 67th, Hugley of the 133rd, Smith of the 175th, Taylor of the 134th and others: A bill to amend Article 1 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to official oaths, so as to conform the provisions relating to oaths of office contained in Code Section 45-3-1 to the qualifications for holding public office regarding the holding of unaccounted for public money due the state or its political subdivisions. Referred to the Committee on Judiciary. 326 JOURNAL OF THE HOUSE, HB 459. By Representatives Buck of the 135th, Culbreth of the 132nd, Jamieson of the 22nd, Trense of the 44th and Skipper of the 137th: A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for the tangible personal property inventory exemption, so as to provide for conditions under which such exemption shall be wholly or partially waived for a taxable year. Referred to the Committee on Ways & Means. HB 460. By Representatives Lane of the 146th, Golden of the 177th, Mann of the 5th and Hammontree of the 4th: 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 State-wide Reserve Ratio. Referred to the Committee on Industrial Relations. HB 461. By Representative Tolbert of the 25th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Commerce," so as to annex certain property into the corporate limits of said municipality. Referred to the Committee on State Planning & Community Affairs - Local. HB 462. By Representatives Barnes of the 33rd, Orrock of the 56th and Barfoot of the 155th: A bill to provide for the prescribing or ordering of controlled substances or drugs by advanced practice registered nurses pursuant to collaborative practice agreements; to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances and dangerous drugs, so as to change definitions of terms used in the Georgia Controlled Substances Act. Referred to the Committee on Health & Ecology. HB 463. By Representatives Buck of the 135th, Barnes of the 33rd, Coleman of the 142nd and Hanner of the 159th: A bill to amend Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia, so as to provide that the board may invest in certain corporations. Referred to the Committee on Retirement. HB 464. By Representatives Buck of the 135th, Barnes of the 33rd, Coleman of the 142nd and Hanner of the 159th: A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to increase the retirement benefits; to provide that the retirement benefits of a retired member who selected a spouse's survivor option and whose spouse predeceases him or her shall be increased. Referred to the Committee on Retirement. THURSDAY, FEBRUARY 6, 1997 327 HB 465. By Representative Williams of the 114th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a definition; to provide for a modification of the state plan for medical assistance. Referred to the Committee on Health & Ecology. HB 466. By Representative Williams of the 114th: 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 provide that employees of the Sheriffs' Retirement Fund of Georgia shall be eligible to participate in such insurance plan. Referred to the Committee on Insurance. HB 467. By Representatives Cummings of the 27th and McBee of the 88th: A bill to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain prior service, so as to change a certain requirement relating to such prior service. Referred to the Committee on Retirement. HB 468. By Representatives Ladd of the 59th, Sherrill of the 62nd and Culbreth of the 132nd: A bill to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued motor vehicle drivers' licenses, so as to require a course of driver education for certain applicants for drivers' licenses. Referred to the Committee on Motor Vehicles. HB 469. By Representatives Scheid of the 17th, McKinney of the 51st, Davis of the 48th and Irvin of the 45th: A bill to allow federal housing funds, when available, to be used for down payment assistance by qualifying recipients even when a mortgage is arranged through a private lender; to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities, and Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to require such authorities to make available to qualified recipients federal funds for housing assistance. Referred to the Committee on Banks & Banking. HB 470. By Representatives Dobbs of the 92nd and Porter of the 143rd: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to provide for a lien on real property on which the Environmental Protection Division of the Department of Natural Resources has performed remedial action. Referred to the Committee on Natural Resources & Environment. 328 JOURNAL OF THE HOUSE, HR 222. By Representatives Joyce of the 1st, Crews of the 78th, Yates of the 106th, Davis of the 60th, Ehrhart of the 36th and others: A resolution proposing an amendment to the Constitution so as to provide that the millage rate which may be levied on taxable property by any county, municipality, or combination thereof and the millage rate which may be levied on behalf of any school system may not exceed the millage rate last established prior to December 31, 1996. Referred to the Committee on Ways & Means. HR 223. By Representatives Joyce of the 1st, Crews of the 78th, Yates of the 106th, Davis of the 60th, Snelling of the 99th 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. Referred to the Committee on Judiciary. HR 224. By Representatives Joyce of the 1st, Crews of the 78th, Yates of the 106th, Davis of the 60th, Ehrhart of the 36th and others: A resolution urging the United States Congress to amend the federal Voting Rights Act of 1965 to repeal the preclearance requirement of 42 U.S.C. 1973c. Referred to the Committee on Judiciary. HR 225. By Representatives Joyce of the 1st, Crews of the 78th, Yates of the 106th, Davis of the 60th, Richardson of the 26th and others: A resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution. Referred to the Committee on Judiciary. HR 226. By Representatives Teague of the 58th, Brooks of the 54th, Anderson of the 116th, Ragas of the 64th and McKinney of the 51st: 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. Referred to the Committee on Special Judiciary. HR 243. By Representatives Stanley of the 49th, Murphy of the 18th and Stanley of the 50th: A resolution proposing an amendment to the Constitution so as to provide that the Governor must send his or her veto message within 40 days after adjournment sine die; to provide that the General Assembly shall reconvene to consider any bill or resolution which the Governor vetoes after the sixth legislative day preceding adjournment sine die. Referred to the Committee on Rules. THURSDAY, FEBRUARY 6, 1997 329 By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 22 HB 394 HB 407 HB 408 HB 409 HB 410 HB 411 HB Ss HHRB 441144 HB 415 HB 424 HB 425 HB 426 HB 427 HR 214 HR 215 HR 216 HR 218 HQRR 219, I HB 416? HB 41g HB 419 HB 420 HB 421 HB 422 HB 423 SB 69 hB B& SB 7 SB 144 SB 152 SB 170 SR 43 Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 106 Do Pass, by Substitute HB 132 Do Pass, by Substitute HB 138 Do Pass HB 238 Do Pass HB 272 Do Pass HB 273 Do Pass, by Substitute HB 277 Do Pass HB 371 Do Pass, by Substitute HR 174 Do Pass Respectfully submitted, /s/ Childers of the 13th Chairman Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations & Aging 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 79 Do Pass HB 297 Do Pass Respectfully submitted, /s/ Lucas of the 124th Chairman Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report: 330 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Industry 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 95 Do Pass HR 44 Do Pass, by Substitute Respectfully submitted, /s/ Hudson of the 156th Chairman Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 233 Do Pass, by Substitute Respectfully submitted, /s/ Lord of the 121st Chairman Representative Manner 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 57 Do Pass, by Substitute HB 219 Do Pass HB 345 Do Pass Respectfully submitted, /s/ Hanner of the 159th Chairman Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 288 Do Pass, by Substitute Respectfully submitted, /s/ Twiggs of the 8th Chairman THURSDAY, FEBRUARY 6, 1997 331 Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 217 Do Pass HR 220 Do Pass Respectfully submitted, /a/ Lee of the 94th Chairman Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 341 Do Pass, as Amended HB 403 Do Pass Respectfully submitted, la/ Royal of the 164th Chairman Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 236 Do Pass HR 112 Do Pass HR 159 Do Pass Respectfully submitted, /s/ Benefield of the 96th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 341. By Representatives Hegstrom of the 66th, Henson of the 65th, Mobley of the 69th, Turnquest of the 73rd, Polak of the 67th and others: A bill to amend an Act creating a new charter for the City of Clarkston, so as to change the method by which vacancies are filled in the office of Mayor or Councilman. 332 JOURNAL OF THE HOUSE, The following amendment was read and adopted: The Committee on State Planning & Community Affairs - Local moves to amend HB 341 by striking line 15 of page 2 and inserting in lieu thereof the following: "This Act shall become effective on January 1, 1998.". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. HB 403. By Representatives Coleman of the 80th, Rice of the 79th, Johnston of the 81st and Crews of the 78th: A bill to amend an Act creating a new charter for the City of Norcross, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of government. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Alien Anderson Y Ashe Y Bailey Y Baker E Bannister YBarfoot Y Barnard YBarnes E Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Cornell Y Cooper E Crawford E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix DUon, H Y Dixon, S Dobbs Dukes YEhrhart Epps Y Evans Y Everett Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Hecks tall Y Hegstrom Y Henson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Martin, J Martin, J.L Y Massey Y McBee YMcCaJl McClinton McKinney E Mills Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Randall YRay Y Reaves Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C On the passage of the Bills, the ayes were 135, nays 0. Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Y Smyre Y Snellmg YSnow Y Stallings Stancil, F Y Stancil, S Stanley, L Stanley, P Taylor Teague YTeper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Turnquest Twiggs Walker, L Y Walker, R.L YWest Y Westmorland Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr THURSDAY, FEBRUARY 6, 1997 333 The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 94. By Senator Broun of the 46th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to change the name of the Georgia Municipal Training Institute; to add members to the board of the institute. SB 107. By Senators Walker of the 22nd, Middleton of the 50th, Marable of the 52nd and others: 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 practice of medicine in this state by physicians located in other states and foreign countries and provide for conditions and limitations relating thereto; to provide for legislative construction; to provide for patient rights. SB 137. By Senators Turner of the 8th and Starr of the 44th: 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 certain provisions with respect to revising and assessing returns in all counties of this state having a population of not less than 81,300 nor more than 89,000 according to the United States decennial census of 1990 or any future such census shall be applicable state wide. SB 17. By Senators Hill of the 4th, Crotts of the 17th, Bowen of the 13th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to drivers' license exemptions; to change certain provisions relating to persons not to be licensed; to provide for the issuance of a provisional license to drivers at least 16 years of age; to provide for a new class of license; to change certain provisions relating to instruction permits. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 17. By Senators Hill of the 4th, Crotts of the 17th, Bowen of the 13th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to drivers' license exemptions; to change certain provisions relating to persons not to be licensed; to provide for the issuance of a provisional license to drivers at least 16 years of age; to provide for a new class of license; to change certain provisions relating to instruction permits. Referred to the Committee on Special Judiciary. 334 JOURNAL OF THE HOUSE, SB 94. By Senator Broun of the 46th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to change the name of the Georgia Municipal Training Institute; to add members to the board of the institute. Referred to the Committee on State Planning & Community Affairs. SB 107. By Senators Walker of the 22nd, Middleton of the 50th, Marable of the 52nd and others: 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 practice of medicine in this state by physicians located in other states and foreign countries and provide for conditions and limitations relating thereto; to provide for legislative construction; to provide for patient rights. Referred to the Committee on Health & Ecology. SB 137. By Senators Turner of the 8th and Starr of the 44th: 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 certain provisions with respect to revising and assessing returns in all counties of this state having a population of not less than 81,300 nor more than 89,000 according to the United States decennial census of 1990 or any future such census shall be applicable state wide. Referred to the Committee on Ways & Means. The Speaker Pro Tem assumed the Chair. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 217. By Representatives Harbin of the 113th, Williams of the 114th, Jackson of the 112th and Culbreth of the 132nd: A resolution honoring Shea Olliff, Miss Georgia 1996, and inviting her to appear before the House of Representatives. HR 220. By Representatives Walker of the 141st, Murphy of the 18th, Lucas of the 124th, Reichert of the 126th, Lee of the 94th and others: A resolution recognizing Demark Groover, Jr., and inviting him to appear before the House of Representatives. By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Retirement: HB 380. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to provide that certain law enforcement personnel may retire upon a normal service retirement with certain benefits. THURSDAY, FEBRUARY 6, 1997 335 Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 164 Do Pass, by Substitute Respectfully submitted, 1st Lee of the 94th Chairman The following Resolution of the House was read: HR 164. By Representatives Johnson of the 84th and Walker of the 87th: A resolution commending the Loganville Middle School Band and director Conrad Cheney and inviting the director and members of the band to appear before the House of Representatives. The following Committee substitute was read and adopted: A RESOLUTION Commending the Loganville Middle School Band and director Conrad Cheney; and for other purposes. WHEREAS, since Mr. Conrad Cheney became director of the Loganville Middle School Band in the fall of 1991, the program has grown from the five students who showed up for the band's initial practice to its current size of 225 students, or 25 percent of the student body; and WHEREAS, the band program now consists of beginning band, concert band, marching band, jazz band, rock band, pep band, wind ensemble, and vocal ensemble, and all students have been afforded every opportunity to reach their full potential as musicians and they have responded with a constant pursuit of excellence, dedication, and determination; and WHEREAS, the band receives many invitations to perform in parades, festivals, theme parks, and special events, which have included participation in the All-American Music Festival in Ocala and Orlando, Flcrida; performance in Silver Springs, Florida, in April, 1996, which included the marching band, the concert band, and the rock band; performance in the Atlanta Veterans' Day Parade for the past four years, receiving the "best band" award on three of those occasions; performance in the Walton County Christmas Parade, where the band received first place awards the past two years; performance in the 1996 Summer Olympic Games festivities held in Walton County; and a special performance before the Queen of Norway on her trip to Walton County; and WHEREAS, the most important aspect of the band is the effect on student development, and teachers and parents have observed that once a student becomes involved in the band and experiences the enthusiasm, challenges, recognition, and sense of pride, he or she quickly becomes more interested in other subjects and experiences a noticeable improvement in his or her academic performance. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body commend the Loganville Middle School Band and its director, Mr. Conrad Cheney, for their many accomplishments and contributions. 336 JOURNAL OF THE HOUSE, BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Mr. Conrad Cheney, director of the Loganville Middle School Band. The Resolution, favorably reported by the Committee on Rules, by substitute, was adopted. The following Resolution of the House was read and referred to the Committee on Rules: HR 250. By Representative Hanner of the 159th: A resolution commending the 1996 Terrell Academy football team and inviting the team and its coaches 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 92. By Representative Parham of the 122nd: A bill to amend Code Section 26-4-51 of the Official Code of Georgia Annotated, relating to the arrest authority of the director and agents of the Georgia Drugs and Narcotics Agency, so as to authorize the director and agents to retain their weapons and badges under certain conditions. The following Committee substitute was read: A BILL To amend Code Section 26-4-51 of the Official Code of Georgia Annotated, relating to the arrest authority of the director and agents of the Georgia Drugs and Narcotics Agency, so as to provide that under certain conditions the director and agents may retain their weapons and badges upon leaving the agency; 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 26-4-51 of the Official Code of Georgia Annotated, relating to the arrest authority of the director and agents of the Georgia Drugs and Narcotics Agency, is amended by adding at the end thereof a new subsection to read as follows: "(c) When the director or a drug agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions and, after accumulating 25 years of service in the agency or as a result of a disability arising in the line of duty, such director or agent shall be entitled to retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Martin of the 145th and Parham of the 122nd move to amend the Committee substitute to HB 92 on page 1 line 15 delete c and insert in lieu thereof: THURSDAY, FEBRUARY 6, 1997 337 (c) When the deputy director or a special agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions and, after accumlating 25 years of service in the agency or as a result of a disability arising in the line of duty, such director or agent shall be entitled to retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy, and upon leaving the agency the Director of the Georgia Drugs and Narcotics Agency shall retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker E Bannister YBarfoot Y Barnard YBames K Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper E Crawford E Crews Y Culbreth Y Cummings Y Davis, G Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart Epps Evans Y Everett Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye Ladd YLakly Lane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall N McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Poag Y Polak Y Ponder Porter Y Powell Purcell YRagas YRandall YRay Y Reaves Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Lane of the 146th and Epps of the 131st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. 338 JOURNAL OF THE HOUSE, HB 287. By Representatives Lucas of the 124th, Sherrill of the 62nd, Williams of the 63rd, Trense of the 44th, Smith of the 102nd and others: 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 facilities" and to include assisted living facilities - Level I and assisted living facilities - 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. The following amendments were read and withdrawn: The Committee on Human Relations and Aging moves to amend HB 287 by striking beginning on line 20 of page 8 the following: "(8) 'Responsive resident' means a resident who can respond to an emergency condition, 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." The Committee on Human Relations and Aging moves to amend HB 287 by striking lines 26 through 41 on page 5 and lines 1 thru 17 on page 6. By striking line 18 on page 6 and inserting in lieu thereof the following: "SECTION 8." By striking line 4 on page 10 and inserting in lieu thereof the following: "SECTION 9." By striking line 24 on page 11 and inserting in lieu thereof the following: "SECTION 10." By striking lines 38 through 40 on page 11 and lines 1 through 28 on page 12. By striking line 29 on page 12 and inserting in lieu thereof the following: "SECTION 11." By striking line 18 on page 13 and inserting in lieu thereof the following: "SECTION 12." By striking line 19 on page 14 and inserting in lieu thereof the following: "SECTION 13." By striking lines 37 through 41 on page 14, lines 1 through 42 on page 15, and lines 1 through 40 on page 16. By striking line 1 on page 17 and inserting in lieu thereof the following: "SECTION 14." By striking lines 14 through 43 on page 17 and lines 1 through 10 on page 18. By striking line 11 on page 18 and inserting in lieu thereof the following: "SECTION 15." By striking lines 25 through 40 on page 18 and lines 1 through 12 on page 19. THURSDAY, FEBRUARY 6, 1997 339 By striking line 13 on page 19 and inserting in lieu thereof the following: "SECTION 16." By striking lines 21 through 40 on page 20, lines 1 through 42 on page 21, lines 1 through 42 on page 22, lines 1 through 40 on page 23, lines 1 through 41 on page 24, and lines 1 through 3 on page 25. By striking line 4 on page 25 and inserting in lieu thereof the following: "SECTION 17." By striking lines 22 through 43 on page 25 and lines 1 through 8 on page 26. By striking line 9 on page 26 and inserting in lieu thereof the following: "SECTION 18." By adding between lines 18 and 19 on page 26 the following: "SECTION 19." The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms 'a personal care home', 'personal care home', 'Personal Care Homes', and 'personal care homes' wherever they occur and inserting in their respective places the terms 'an assisted living facility', 'assisted living facility', 'Assisted Living Facilities', and 'assisted living facilities': (1) Code Section 31-7-3, relating to the requirement for permits to operate institutions; (2) Code Section 31-7-112, relating to definitions regarding authorities for facilities for the elderly; (3) Code Section 31-7-258, relating to changes in personal care home directors; (4) Code Section 31-7-259, relating to employment at personal care homes with temporary licenses; (5) Code Section 31-7-300, relating to definitions governing private home care provider laws; (6) Code Section 31-7-305, relating to exempt services; (7) Code Section 31-7-307, relating to certificates of need; (8) Code Section 31-8-52, relating to the establishment of the long-term care ombudsman; (9) Code Section 31-8-130, relating to the creation of the "Remedies for Residents of Personal Care Homes Act"; (10) Code Section 31-8-131, relating to legislative findings and intent; (11) Code Section 31-8-134, relating to grievance procedures; (12) Code Section 31-8-135, relating to hearings and transfer of residents; (13) Code Section 31-8-136, relating to actions for damages; (14) Code Section 31-8-137, relating to temporary restraining orders; (15) Code Section 31-8-138, relating to failure to validly license as a defense; (16) Code Section 31-8-139, relating to mandamus; (17) Code Section 31-8-181, relating to exempt individuals and hospitals; and 340 JOURNAL OF THE HOUSE, (18) Code Section 38-4-2, relating to powers of veterans' home administrators." By striking line 19 on page 26 and inserting in lieu thereof the following: "SECTION 20." By striking lines 1 and 6 on page 27 and inserting, respectively, the following: "SECTION 21." "SECTION 22." The following substitute, offered by Representative Lucas of the 124th, et al., 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 facilities" and to include assisted living facilities - Level I and assisted living facilities - 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 applicability 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 facilities; 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 occupation 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 direct the department to apply for federal waivers to authorize Medicaid or to otherwise provide Medicaid for eligible persons receiving care in an assisted living facility; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 er facility providing personal eare services services which require a license as an assisted living facility: (A) Any person or entity not duly licensed or registered as a pcraonal eare feeme an assisted living facility formally or informally offering, advertising to, or soliciting the public for residents or referrals; or (B) Any personal eare home, as defined in subsection {a} ef- Code Section 31-7-12, assisted living facility offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal ea*e services that facility's licensed level as an assisted living facility; provided, however, that assisted living facilities licensed at Level II may provide services for residents suitable for Level I; and (ii) For which it has not been specifically authorized. THURSDAY, FEBRUARY 6, 1997 341 Nothing in this subparagraph prohibits advertising by a personal ear* henae assisted living facility 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 purposes ef-this paragraph, 'personal care' means protective ewe and watchful illness, injury, e* disability which requires chronic er convalescent care including mcdieal and nursing services. For purposes of this paragraph, the term 'assisted living facility' 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 care services which is an assisted living facility;". SECTION 2. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, is amended by striking subparagraph (b)(l)(J) thereof and inserting in its place the following: "(J) Personal ear* hemes Assisted living facilities 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 facilities, and any structure constructed as or converted to a personal care home an assisted living facility on or after April 15, 1986, but before July 1^ 1998, and any structure constructed as or converted to an assisted living facility as defined in Code Section 31-7-12 on or after July l^ 1998, shall be deemed to be a proposed building pursuant 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 Section 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 general or regional anesthesia in an operating room environment to patients not requiring hospitalization. (1.2) 'Assisted living facility' shall have the same meaning as provided in paragraph (5) of subsection (a) of Code Section 31-7-12 for assisted living facility - Level II for the purposes of this chapter only." 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; persenai care hemes assisted living facilities; ambulatory surgical or obstetrical facilities; 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; and facilities which toe devoted te- the provision ef treatment and rchabilitative care for periods continuing for 34 hours er longer for persons whe have traumatic ferain injury, as defined in Code Section 37-3-1." SECTION 5. Said Code section is further amended by adding between paragraphs (12) and (13) thereof the following: 342 JOURNAL OF THE HOUSE, "(12.1) 'Instrumental activities of daily living' includes, but is not limited to, preparing 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: ^Xoj * crsonoj. ctire ftomo" meflfts ft reside ntifti iftciiity nflvin^j ftt icflst ij ocds cmd providing, for compensation, protective ea*e and oversight ef- ambulatory, nonrclatcd persons whe need monitored environment fetrt whe de et have injuries f dioabilities which require chronic er convalescent earej including medical, nursing, of intermediate eater Personal eare homes include those facilities which monitor daily rcaidcnts' functioning and location, have the capability tor crisis intervention, and provide aupcr- (A) Old age residences which are devoted to independent living unita with kitchen the ew meals; or (B) Boafefag facilities which de et provide personal eaie 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, diagnosis, 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 hee assisted living facility;". 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: \xj f ofsonQ_r c&fe fiome~ me&fts ftiiy dwelling wnetneF operftted IOF proiit OF notj which undertakes through its ownership or management to provide or arrange for the provision ot housing, rood service, duct one or move personal services tot two or more adults wfee are et related to the ewne* ef administrator by blood e* marriage. (1) 'Activities of daily living' includes, but is not limited to, eating, bathing, grooming, dressing, toileting, transfer, ambulation, and self-administered medications. \Sfi rcpsonQi services inetudes^ out is no* limited to( individufli cissistfttice witn of aupcrvision ef self adminiatcrcd medication nd 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 facility' means any assisted living facility Level I or assisted living facility - 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 retardation, and substance abuse board to receive routine monitoring and service oversight pursuant to Code Section 37-2-5. THURSDAY, FEBRUARY 6, 1997 343 (4) 'Assisted living facility ; Level T means any dwelling, whether operated for profit OT not, which shall undertake through its ownership or management to provide or arrange for the provision of housing and 24 hour watchful oversight, services for persons with disabilities, and assistance with activities of daily living and instrumental activities of daily living for two or more ambulatory residents who are not related by blood oF marriage to the owner or administrator of the home. An assisted living facility - Level I may not provide services for bedridden or bed-bound persons. It is the intent of the General Assembly that the category 'assisted living facility - Level P replace the former personal care home category and that the Department of Human Resources consider this intent when promulgating appropriate rules and regulations. (5) 'Assisted living facility - Level IT 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, includir monitoring of vital signs and bodily functions, limited nursing services, 24 hour watchful oversight, 24 hour awake staff, and assistance with activities of daily living and instrumental activities of daily living for two or more adults who 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 professional nurse or a licensed practical nurse. The facility shall also employ additional 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 transportation. (7) 'Limited nursing services' means only acts that may be performed by licensed practical nurses under Article 2 of Chapter 26 of Title 43, relating to practical nurses. (b) All personal eare homes assisted living facilities shall be licensed as provided for in Code Section 31-7-3. eseept that, H Me ef- liccnsurc, the department ay require per- comply with registration requirements delineated by the department. Saeh registration rcquircmonta within this category shall authorize the department te promulgate pursu- tftr vQ OllflptP io Of T. ItlC Pvj triG ~viCOFl(l AuIftlfl131Pfl11VC rPOCCuUPC ACty f&89OHftD1C 8uUluCU?u9 T prOtftCr tllO nGCut/il, SfllCtyj ftHCi WfillftPC Of t"C OCCUpfllltS Or SUCH pCfSOHfll eare homoo. (b.l) Each prospective resident shall be examined by a physician not employed by the facility prior to admission to an assisted living facility. The physician shall complete a medical examination report on a form approved by the department and submit such form to the home. The report shall contain a certificate that such resident is appropriate to the level of care provided by the facility before such facility may admit such prospective resident. No facility may admit any person who is not properly certified pursuant to this subsection. 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) The department shall periodically inspect assisted living facilities in accordance with established rules and regulations. 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 pcraonol eare henaes such facilities licensed under this chapter. With approval ef- the department, county beards ef- health may establish inspection fees to defray part of the costs ef- inspections performed for 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 pcroonol eare hee assisted living facility, may conduct investigations in matters within the ombudsman's powers and duties. 344 JOURNAL OF THE HOUSE, (e) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal eate hemea assisted living facilities 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 facilities 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 7-15 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 facility may be licensed at more than one level if it offers services 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 care home assisted living facility' if it is unlicensed and not exempt from licensure and: (1) The facility is providing personal services and ts operating as a personal ea*e heme an assisted living facility 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 operating as a personal eate kerne an assisted living facility as those terms are that term is defined in Code Section 31-7-12; or (3) The facility represents itself as a licensed personal ea*e heme assisted living facil- t. i.ft O._X.l.S.t,O._llC_C. Oft uUly ~r$ 1*7y4'j Wun;lCLn O^DLfti; _n i1;1C_G_H9GS IPOIB ttlC dOpttFtnTCftt no IfltCP LllflH vCcODCP TJ J.yy4j Snftri WOt T)C SUOJCCt tO IilC pCnQltlC3 3Cl OUfc in this Code section. T^/V Z. "^P^ ^^ pfovidfsd tR subsection v&j of 11119 t/odc section) ftny Any unlicensed pcraonol ea*e home assisted living facility shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12. The depart- ment 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 ea*e homes wWefe were net in Ifltcd d8 DC^mmrig on the cxpirfttion dctcc of tnc notice. F OF unlicensed pcrsondi cflrc homes which wefe in existence en Jaly 1; 1004, the civil penalty provided fey this aubscc tien shall be calculated as beginning en the expiration date of the notice or en October i; 1004, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing. {d}(c) The civil penalty authorized by subsection 4e) (b) of this Code section shall be doubled if: (1) The operator of an unlicensed personal care fteme assisted living facility refuses to seek licensure; or THURSDAY, FEBRUARY 6, 1997 345 (2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal ewe home assisted living facility. fe)(d) The operator of a personal eare home an assisted living facility who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3." SECTION 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 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 ea*e homes (hereinafter assisted living facilities referred to as 'residential care facilities for the elderly');". SECTION 11. 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 facility' means a home required to be licensed under Code Section 31-7-12. '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 facility. (5) 'Employee' means any person, other than a director, employed by a personal eate home an assisted living facility to perform at any facilities of the personal eare home assisted living facility any duties which involve personal contact between that person and any paying resident of the personal eafe beme assisted living facility. (6) 'Facility' means real property of a personal eare home an assisted living facility where residents reside." "(10) 'License' means the permit or document issued by the department to authorize the personal ea*e home assisted living facility to which it is issued to operate a facility under this chapter. (11) Reserved. 'Personal eare home' er 'home' means a home required te fee licensed e* permitted eneter Code Section 31-7 12." SECTION 12. Said chapter is further amended by striking Code Section 31-7-256, relating to the expiration of personal care home licenses, and inserting in its place the following: "31-7-256. TATlHl iliiu/vtm JiituiocqB iInBfBilUinCgU T+rO> fitntui-iiiliii+'iiCnBn rp\ir*iiro>ir* "4C^>o uT.u-.1i-y.. "J_"j 1i y0_oQuC , s^iKitniilli enx-ipmiirrer xT"/Vu/>u/*tnjriri>ihuocyr 0P1I , 1ivQoftufi. upon me expiffltion or flny license issued prior to July 17 lyoO) trie persons! cflrc nome" ef- the personal eare home's existing facilities and shall have a separate director for each sucn iflciiity. I\R existing isciiity wnosc license so expires mfly only De issued t tempo* evidence, satisfactory te the department, that within the immediately preceding 42 months the director received satisfactory fingerprint records eheek- determination and eaeh employee received a satisfactory preliminary records check determination, in which pofM?y license. A tempopflpy or re^uiflf license mfly only oe issued n tne iftcttity otner* wise quolifico for a license pursuant te Article 1 ef this chapter. Ay new facility in this 346 JOURNAL OF THE HOUSE, Sections 31-7 261 through 31 7 266 Any facility licensed in this state as a personal care home prior to July lj 1998, shall be deemed to have been licensed as an assisted living facility - Level L 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 facility 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 effective in 1998." SECTION 13. 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. /Yiter ft tcmpopft^y license is issued to &n existing idciirty pursuo.nt to oode occtioft deportment a fingerprint records check application for the director and- a preliminary records eheek- application fer each employee ef-each ef-the personal ear* home's facilities fe* which a temporary license was issued. After receiving those applications, th departet shati proceed te have made records eheefc determinations based pe 9eh applications &nd m&y only issue ft rc^utdf license to sny sucn iflciiity under trie conditions snd procedures provided in Code Sections 01 -7 262 through 81-7'266 Reserved." SECTION 14. 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 home assisted living facility, 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 15. 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, intermediate care home, ef pcraonal eare home assisted living facility, 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 regulation and licensure by the department." SECTION 16. 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 perseRftl ear* hee an assisted living facility as responsible for the day-to-day management, administration, and supervision of the personal eare heme assisted living facility, 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 facility' means a home required to be licensed under Code Section 31-7-12. THURSDAY, FEBRUARY 6, 1997 347 (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 tt personal eese home an assisted living facility and who are legally responsible for the operation of the home. (4) 'Legal surrogate' means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resident who is adjudicated or certified incapacitated. No member of the governing body, administration, or staff of tt personal eare hee an assisted living facility or any affiliated personal ea*e home assisted living facility or their family members may serve as the legal surrogate for a resident. tie~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, administration, or staff of a pcraonal eare heme an assisted living facility or any affiliated pefsenai eare feee assisted living facility or their family members may serve as the representative for a resident. (7) 'Resident' means a person who resides in a personal eare home an assisted living facility. (8) 'State ombudsman' means the state ombudsman established under Code Section 31-8-52." SECTION 17. 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 limits provided in this Code section must be in accordance with the procedure in Code Section 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 pcraonal eare hee assisted living facility, as defined in paragraph 42} ef- Code Section Sections 43-27-1 and 31-7-12. respectively." SECTION 18. 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 paragraph (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 homes assisted living facilities;". SECTION 19. The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms "a personal care home", "personal care home", "Personal Care Homes", and "personal care homes" wherever they occur and inserting in their respective places the terms "an assisted living facility", "assisted living facility", "Assisted Living Facilities", and "assisted living facilities": (1) Code Section 31-7-3, relating to the requirement for permits to operate institutions; (2) Code Section 31-7-112, relating to definitions regarding authorities for facilities for the elderly; (3) Code Section 31-7-258, relating to changes in personal care home directors; 348 JOURNAL OF THE HOUSE, (4) Code Section 31-7-259, relating to employment at personal care homes with temporary licenses; (5) Code Section 31-7-300, relating to definitions governing private home care provider laws; (6) Code Section 31-7-305, relating to exempt services; (7) Code Section 31-7-307, relating to certificates of need; (8) Code Section 31-8-52, relating to the establishment of the long-term care ombudsman; (9) Code Section 31-3-130, relating to the creation of the "Remedies for Residents of Personal Care Homes Act"; (10) Code Section 31-8-131, relating to legislative findings and intent; (11) Code Section 31-8-134, relating to grievance procedures; (12) Code Section 31-8-135, relating to hearings and transfer of residents; (13) Code Section 31-8-136, relating to actions for damages; (14) Code Section 31-8-137, relating to temporary restraining orders; (15) Code Section 31-8-138, relating to failure to validly license as a defense; (16) Code Section 31-8-139, relating to mandamus; (17) Code Section 31-8-181, relating to exempt individuals and hospitals; and (18) Code Section 38-4-2, relating to powers of veterans' home administrators. SECTION 20. 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 new subsections (d) and (e) 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 certified as eligible to receive Medicaid who are receiving care or services in a licensed assisted living facility - Level II. 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 determination. Budget neutrality or cost savings as required by federal law for waivers shall be achieved by the subsequent reduction of Medicaid certified beds in inpatient facilities other than hospitals as defined in Chapter 7 of Title 31. The funding for assisted living facilities - Level II will be derived from those funds budgeted for inpatient facilities other than hospitals as defined in Chapter 7 of Title 31. No federal block grant legislation shall affect any programs operated under a federal waiver, (e) The actions authorized by subsection (d) of this Code section shall be undertaken by the Department of Medical Assistance or the Department of Human Resources, as applicable, on a pilot program basis. The results of such pilot program and any decision to continue or extend such pilot program shall be considered in light of the conclusions of any long-term care study commission or committee." SECTION 21. This Act shall become effective only for the purposes of promulgating rules and regulations thereunder on January 1, 1998. The remaining provisions of this Act shall become effective for all other purposes on July 1, 1998. SECTION 22. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representatives Lucas of the 124th, Sherrill of the 62nd and Irvin of the 45th move to amend the Floor substitute to HB 287 identified as LC 24 0643S by adding at the end of line 10 on page 8 the following: THURSDAY, FEBRUARY 6, 1997 349 "Each resident shall undergo an annual examination by a physician not employed by the facility for the purpose of being recertified as appropriate to the level of care provided by the facility." Representatives Lucas of the 124th, Sherrill of the 62nd and Irvin of the 45th move to amend the Floor substitute to HB 287, identified as LC 24 0643S, by inserting after the year "1998" on line 39 of page 17 the following: "or the date when the rules and regulations are completed, whichever is later". Representatives Lucas of the 124th, Sherrill of the 62nd and Irvin of the 45th move to amend the Floor substitute to HB 287, identified as LC 24 0643S, by adding at die end of line 10 on page 8 the following: "Nothing in this subsection shall preclude a resident's physician from recommending that a resident be moved to another level of care based on such physician's ongoing assessment of the resident's needs." Representatives Lucas of the 124th, Sherrill of the 62nd and Irvin of the 45th move to amend the Floor substitute to HB 287, identified as LC 24 0643S, by adding after the word and symbol "nurse." on line 10 of page 7 the following: "Such registered professional nurse or licensed practical nurse shall be on site for a minimum of eight hours per day." Representatives Lucas of the 124th, Sherrill of the 62nd and Irvin of the 45th move to amend the Floor substitute to HB 287, identified as LC 24 0643S, by adding between the word "services" and the symbol "," on line 3 of page 7 the following: "on an episodic basis". The Floor substitute, as amended, was adopted. Pursuant to Rule 134, Representative Smith of the 103rd was excused from voting on HB 287. The report of the Committee, which was favorable to the passage of the Bill, as amended, 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 Y Ashe N Bailey N Baker N Bannister Y Barfoot N Barnard N Barnes N Bates N Benefield N Birdsong Y Bohannon Y Bordeaux N Bradford Y Breedlove N Bridges Y Brooks Y Brown N Buck Y Buckner Y Bunn N Burkhalter N Byrd Y Campbell Y Canty Y Carter Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper E Crawford E Crews Y Culbreth N Cummings Davis, G N Davis, M Y Day Y DeLoach, B N DeLoach, G N Dii N Dixon, H N Dixon, S Y Dobbs Y Dukes N Ehrhart N Epos N Evans Y Everett Y Felton N Floyd Y Franklin Y Golden Y Graves N Greene N Grindley Y Hammontree N Manner N Harbin N Heard N Hecht Heckstall Y Hegstrom Y Henson N Holland Y Holmes Y Howard Y Hudgens N Hudson, H N Hudson, N Y Hugley Y Irvin N Jackson Y James Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce Y Kaye Y Ladd Y Lakly N Lane N Lee N Lewis N Lord Y Lucas N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee 350 JOURNAL OF THE HOUSE, NMcCall NMcCUnton N McKinney Y Mills NMobley NMosley NMueUer NO'Neal YOrrock NParham NParrish N Parsons YPelote N Perry YPinholster N Poag YPolak Y Ponder N Porter NPowell N Purcell N Ragas N Randall N Ray N Reaves N Reichert Y Rice Y Richardson N Roberts N Rogers Y Royal Y Sanders Y Sauder N Scarlett N Scheid Y Scott Y Shanahan Y Shaw Y Sherrill N Shipp N Sims Y Sinkfield Y Skipper N Smith, C Y Smith, C.W N Smith, L E Smith, L.R Y Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Stallings Y Stencil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus N Tolbert Y Trense N Turnquest Y Twiggs N Walker, L Y Walker, R.L N West Y Westmorland N Whitaker N Wiles Y Williams, B Y Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 90, nays 83. The Chair voted "aye". On the passage of the Bill, by substitute, as amended, the ayes were 91, nays 83. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 34. 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 1996-1997 known as the "General Appropriations Act", approved April 25, 1996 (Ga. L. 1996, p. 1529), so as to change certain appropriations for the State Fiscal Year 1996-1997; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 1996-1997, as amended, known as the "General Appropriations Act" approved April 25, 1996 (Ga. L. 1996, p. 1529), is further amended by striking everything following the enacting clause through Section 64, 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, 1996, and ending June 30, 1997, 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 $10,500,000,000 (excluding the Indigent Trust Fund and Lottery Receipts) for State Funds Year 1997. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly..........................................................$ Personal Services - Staff ................................................................$ Personal Services - Elected Officials............................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................! Capital Outlay .................................................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ 26.278.571 14,022,258 3,840,461 2,639,647 98,000 7,000 0 232,000 475,000 THURSDAY, FEBRUARY 6, 1997 351 Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Pees and Contracts - Staff .........................................$ Per Diem, Fees and Contracts - Elected Officials .........................................................................................$ Per Diem Differential.....................................................................! Photography .....................................................................................$ Expense Reimbursement Account ................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 5,000 650,500 125,980 2,374,925 585,000 90,000 1,132.800 26,278,571 26,278,571 Senate Functional Budgets Total Funds State Funds Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total 4,107,790 658,038 1.181,350 5,947,178 4,107,790 658,038 1,181,350 5,947,178 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 $ 10,634,940 $ 553,080 $ 1.413,794 $ 12,601,814 10,634,940 553,080 1,413,794 12,601,814 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budget Responsibility Oversight Committee Total $ 2,781,605 $ 2,272,611 $ 1,006,538 $ 1,291,672 377,153 7,729,579 2,781,605 2,272,611 1,006,538 1,291,672 377,153 7,729,579 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 Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, 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, 352 JOURNAL OF THE HOUSE, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 20,625,494 16,470,396 602,030 575,000 268,695 15,000 895,000 58,225 1,579,000 162,148 20,625,494 20,625,494 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 Superior Court Clerks...............................................! Payment to Resource Center.........................................................! Computerized Information Network ............................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 86.004.883 12,311,126 70,716,284 2,319,505 1,346,564 26,240 300,000 683.800 87,703,519 86,004,883 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 6,641,102 8,004,049 35,735,637 27,994,591 1,127,497 758,378 2,026,094 168,197 3,000,000 6,015,631 7,954,049 35,667,637 27,039,426 1,127,497 758,378 2,026,094 168,197 3,000,000 THURSDAY, FEBRUARY 6, 1997 353 Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total 1,998,906 249,068 87,703,519 1,998,906 249,068 86,004,883 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 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....................................................................! 42,276,890 50,932,252 13,042,606 434,831 696,459 1,608,195 11,737,692 3,586,862 4,134,175 3,045,376 11,796,710 0 2,972,744 1,090,699 60,183,280 929,406 21,000,000 700,000 85,000 48,500 85,000 188,109,787 42,276,890 Departmental Functional Budgets Total Funds State Funds Executive Administration Departmental Administration Statewide Systems Space Management State Purchasing General Services Central Supply Services Data Processing Motor Vehicle Services Telecommunications Printing Services Surplus Property Mail and Courier Services Risk Management State Properties Commission Office of the Treasury State Office of Administrative Hearings Total 2,440,726 2,238,049 12,700,518 530,854 3,061,357 683,232 20,919,779 47,341,069 4,627,673 76,287,423 3,363,509 2,691,230 1,309,330 4,494,516 668,684 1,092,347 3,659,491 188,109,787 1,662,522 2,106,862 9,725,721 530,854 3,061,357 14,067,477 5,849,118 700,000 668,684 518,973 3,385,322 42,276,890 354 JOURNAL OF THE HOUSE, B. Budget Unit: Georgia Building Authority ....................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! 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....................................................................! 0 22,260,369 13,236,589 12,000 268,000 452,400 15,071 405,000 110,100 228,970 0 550,000 0 0 37,538,499 0 Departmental Functional Budgets Total Funds State Funds Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total ! 2,035,634 0 ! 5,475,952 0 ! 4,453,839 0 ! 6,785,722 0 ! 382,451 0 ! 4,097,175 0 ! 12,927,239 0 ! 451,635 0 $ 928.852 0 ! 37,538,499 0 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.......................................................................! 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.................................................................................! 37,994,271 32,235,084 4,514,508 959,114 692,227 439,750 550,000 814,475 412,585 992,587 1,046,000 2,750,466 2,719,702 312,000 60,000 175,000 662,431 0 350,000 0 THURSDAY, FEBRUARY 6, 1997 355 Contract - Federation of Southern Cooperatives.................................... Boll Weevil Eradication Program... Total Funds Budgeted....................... State Funds Budgeted...................... 40,000 0 49,725,929 37,994,271 Departmental Functional Budgets Total Funds State Funds Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total $ 8,520,089 $ 16,000,489 $ 6,687,636 $ 6,137,509 $ 3,449,263 $ 8,348,840 $ 582,103 $ 49,725,929 7,739,089 12,868,354 3,012,636 5,950,009 3,319,563 5,104,620 37,994,271 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 ..............,....................................,...........$ Equipment........................................................................................! Computer Charges..........................,................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 9,318.265 7,701,330 455,685 400,000 36,750 8,200 295,000 335,000 73,000 13,300 9,318,265 9,318,265 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...........................................................................! 149,367,187 95,117,696 9,486,811 939,357 185,788 465,630 346,436 356 JOURNAL OF THE HOUSE, 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....................................................................! 1,690,885 1,010,824 5,743,294 2,959,577 509,559 3,615,495 17,610,980 15,441,530 0 155,123,862 149,367,187 Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers Bill E. Ireland YDC Augusta State YDC Lorenzo Benn State YDC Macon State YDC Wrightsville YDC YDC Purchased Services Court Services Day Centers Group Homes Law Enforcement Office CYS Purchased Services Assessment and Classification Youth Services Administration Multi-Service Centers Total 31,841,613 15,900,486 10,897,401 6,538,420 5,564,824 14,927,196 14,593,530 19,219,077 496,745 1,043,480 1,650,835 19,956,552 591,587 8,015,206 3.886.910 155,123,862 ! 29,863,052 ! 15,123,043 ! 10,234,969 ! 6,223,039 ! 5,228,227 $ 14,591,944 ! 14,306,280 ! 19,072,273 ! 496,745 ! 1,043,480 ! 1,650,835 ! 19,129,597 ! 591,587 ! 8,015,206 ! 3,796,910 ! 149,367,187 Section 8. 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......................................................! 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............................! 40,882,916 13,169,863 1,615,940 342,534 0 96,673 387,197 1,102,988 344,452 1,257,446 2,167,374 17,412,335 112,439 30,000,000 965,278 281,541 650,000 4,625,000 2,814,244 2,407,584 6,650,000 500,000 THURSDAY, FEBRUARY 6, 1997 357 State Commission on National and Community Service ..................................................................... EZ/EC Administration ............................................. Total Funds Budgeted.............................................. State Funds Budgeted.............................................. 214,856 209,499 87,327,243 40,882,916 Departmental Functional Budgets Total Funds State Funds Executive Research and Information Planning and Management Business and Financial Assistance Accounting, Audits and Administration Housing and Finance Rental Assistance Total 1,053,363 2,896,369 4,481,067 39,376,604 31,923,156 4,005,987 3,590,697 87,327,243 546,906 2,448,142 4,276,254 7,828,061 25,783,553 0 0 40,882,916 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 .....................................$ Central Repair Fund.......................................................................$ Payments to Central State Hospital forMeals.......................................................................................$ 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....................................................................$ 672,772,443 474,541,615 59,315,330 2,139,094 4,348,384 5,869,705 6,078,360 6,008,776 6,857,873 10,797,324 0 20,659,455 1,200,000 16,856,950 3,343,750 0 1,127,250 4,059,700 1,376,000 461,160 1,500,000 65,495,930 63,420 366,244 894,000 693,360,320 450,000 672,772,443 Departmental Functional Budgets Total Funds State Funds Executive Operations Administration 14,842,276 86,274,049 14,485,276 82,964,974 358 JOURNAL OF THE HOUSE, Human Resources Field Probation Facilities Total 12,375,206 59,672,669 520,196.120 693,360,320 12,375,206 59,192,669 503,754.318 672,772,443 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....................................................................! 43.173.314 33,766,363 1,615,677 547,000 78,000 191,424 291,200 2,785,000 930,000 2,293,650 650,000 25,000 43,173,314 43,173,314 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....................................................................! 4,230.851 9,103,886 6,083,797 29,375 0 28,840 11,125 24,400 40,825 458,000 0 15,780,248 4,230,851 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total ! 1,443,315 ! 5,220,673 ! 9,116,260 ! 15,780,248 ! 1,404,166 ! 509,289 ! 2,317,396 ! 4,230,851 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.................................................................................! 4,110,669,076 33,455,602 5,226,647 967,224 57,592 117,371 6,840,193 1,309,614 1,109,107 17,913,145 912,272 0 THURSDAY, FEBRUARY 6, 1997 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 ....................................................$ 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........................................................................................! Vocational Research and Curriculum..........................................! Even Start........................................................................................! 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 .................................................................$ 359 997,621,233 856,200,685 350,962,605 168,564,020 111,007,756 384,401,822 58,064,303 89,508,479 33,759,340 106,022,187 691,835,455 142,429,530 (673,892,309) 91,618,777 165,250,422 3,609,604 25,291,984 87,838,070 78,838,661 563,759 14,363,735 143,999,894 5,408,750 54,732,103 2,210,804 44,568,702 188,375,722 29,128,663 1,491,147 9,722,497 3,489,010 21,712,907 5,041,480 3,500,000 7,580,313 293,520 2,720,906 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 99,047,892 360 JOURNAL OF THE HOUSE, Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Serve America Program .................................................................$ Youth Apprenticeship Grants ,......................................................$ Remedial Summer School..............................................................$ Alternative Programs......................................................................$ Environmental Science Grants......................................................$ Pay for Performance.......................................................................? Mentoring Program.........................................................................$ Charter Schools ...............................................................................$ Technology Grants..........................................................................! Migrant Education..........................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................! 16,877,102 1,250,000 382,597 4,340,000 1,875,664 12,976,442 100,000 3,300,000 500,000 55,000 15,289,138 266.403 4,607,187,450 340,000 4,110,669,076 Departmental Functional Budgets Total Funds State Funds State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Professional Practices Commission Office of School Readiness Total 9,979,858 16,275,416 1,216,892 4,752,496 6,005,977 11,784,145 4,539,628,683 5,396,840 4,999,826 5,044,718 1,099,461 1.003,138 4,607,187,450 ? 8,522,164 ? 12,209,463 $ 1,139,303 ? 4,752,496 ? 717,685 ? 10,710,449 ? 4,056,048,225 ? 5,143,455 ? 4,770,730 ? 4,771,163 ? 1,099,461 ? 784,482 ! 4,110,669,076 B. Budget Unit: Lottery for Education..............................................! Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Alternative Programs......................................................................! Capital Outlay.................................................................................? Post Secondary Options.................................................................? Computers in the Classroom.........................................................! Financial Analysis Model...............................................................! Management Accounting System..................................................? Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................? 369,379,780 204,982,285 3,650,000 1,100,000 128,295,885 1,510,000 27,104,660 1,835,950 901,000 369,379,780 369,379,780 Section 12. 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 1,884,668 298,500 18,000 0 13,220 554,222 302,000 38,362 1.281,000 4,389,972 0 THURSDAY, FEBRUARY 6, 1997 361 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 for Southern Forest World ........................$ Ware County Grant for Road Maintenance ...............................$ Capital Outlay........................................................................,........! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 35,405,086 29,287,269 5,643,951 159,937 921,785 1,580,419 310,500 54,764 928,106 1,094,798 28,500 60,000 241,752 40,311,781 35,405,086 Departmental Functional Budgets Total Funds State Funds Reforestation Field Services General Administration and Support Total ! 1,843,044 ! 34,489,238 ! 3,979,499 ! 40,311,781 $ 52,726 $ 31,541,016 $ 3,811,344 $ 35,405,086 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....................................................................! 46,361,957 35,321,860 4,043,612 448,187 476,558 606,640 650,837 2,063,325 1,082,166 1,184,772 484,000 0 46,361,957 46,361,957 Departmental Functional Budgets Total Funds State Funds Administration Investigative Georgia Crime Information Center Forensic Sciences Total $ 3,777,831 $ 24,262,684 $ 10,355,954 $ 7,965,488 ! 46,361,957 $ 3,777,831 $ 24,262,684 $ 10,355,954 $ 7,965,488 $ 46,361,957 Section 15. Office of the Governor. Budget Unit: Office of the Governor.......................................,..........! Personal Services.............................................................................! Regular Operating Expenses ...,.....................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! 32,339,333 15,246,726 954,076 266,239 0 63,776 362 JOURNAL OF THE HOUSE, 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....................................................................! 582,757 1,002,683 455,681 4,306,578 3,432,344 40,000 5,185,678 165,000 3,850,000 214,000 150,000 0 290,975 1,477,500 100,000 684,400 1,085,968 0 60,000 39,614,381 32,339,333 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 Coordination Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of State Olympic Coordination Office of Information Technology Governor's Commission for the Privatization of Government Services Total ! 8,823,022 $ 981,413 ! 7,687,160 $ 4,996,782 ! 3,251,629 ! 89,000 $ 1,230,166 ! 2,206,223 $ 313,156 $ 4,389,399 $ 5,009,163 ! 94,895 $ 342,373 $ 200,000 $ 39,614,381 $ 8,823,022 $ 823,413 ! 7,587,160 $ 4,420,782 $ 3,251,629 $ 89,000 $ 290,847 $ 531,223 $ 313,156 ! 4,389,399 $ 1,182,434 $ 94,895 $ 342,373 $ 200.000 $ 32,339,333 Section 16. 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...........................................................................! 702,261,830 52,458,594 2,156,126 1,332,131 1,647,558 89,753 1,282,446 THURSDAY, FEBRUARY 6, 1997 363 Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ................,.....................................$ Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Institutional Repairs and Maintenance .......................................$ Payments to DMA-Community Care...........................................$ Grants to County DFACS-Operations .........................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................! 4,818,586 726,204 5,470,346 284,000 46,486,389 37,751,222 73,440 996,644 17,942,073 797,890 174,313,402 412,600 108,119,217 Departmental Functional Budgets Total Funds State Funds Commissioner's Office Budget Administration Children's Community Based Initiative Troubled Children's Placement Facilities Management Technology and Support Regulatory Services - Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Indirect Cost Policy and Government Services Aging Services Developmental Disabilities Council State Health Planning Agency Total $ 960,368 1,255,065 5,119,250 46,486,389 5,480,691 21,446,210 877,102 2,739,981 9,960,897 6,265,864 6,178,684 1,845,416 1,824,319 1,031,559 59,441,999 1,703,969 1,695,639 174,313,402 960,368 1,255,065 4,744,250 33,335,726 4,226,695 19,803,056 867,102 2,739,981 4,226,414 2,306,430 5,978,684 1,845,416 1,824,319 (8,595,811) 1,031,559 29,903,161 51,163 1,615,639 108,119,217 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.......................................! Postage..............................................................................................! Medical Benefits..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 52,716,147 75,195,285 917,803 0 501,177 1,646,431 1,425,278 1,242,790 4,205,123 580,732 12,733,517 127,510,020 34,500 116,797 4,462,872 283,288,472 549,718 154,488,438 364 JOURNAL OF THE HOUSE, 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 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 12,977,348 1,415,696 1,526,075 2,302,385 4,221,570 5,359,085 2,246,333 10,611,336 83,023,436 66,525,208 13,332,554 3,240,976 1,782,019 578,695 1,009,244 6,040,468 925,227 1,189,590 2,455,855 474,068 556,495 4,851,648 1,253,612 1,968,815 1,956,452 2,707,960 1,204,242 6,241,647 2,422,503 164,148 9,856,546 8,898,597 3,250,000 3,259,555 174,591 12,857,587 426,906 283,288,472 3. Rehabilitation Services Budget: Personal Services......................... Regular Operating Expenses ..... Travel............................................ Motor Vehicle Purchases........... Equipment.................................... Computer Charges....................... Real Estate Rentals.................... Telecommunications................... Per Diem, Fees and Contracts.. Case Services................................ State Funds 12,847,673 1,200,865 1,203,900 1,189,773 3,822,751 5,212,085 310,879 5,744,320 0 65,486,672 6,556,247 1,892,263 1,683,117 425,913 0 4,643,502 751,792 516,528 1,045,487 474,068 556,495 4,851,648 1,001,257 1,920,136 1,718,713 2,485,142 692,369 5,971,647 915,861 164,148 5,107,508 0 2,493,380 2,135,951 157,094 10,627,999 216,973 (1.535.718) 154,488,438 76,346,922 12,437,994 1,183,228 83,000 743,880 2,457,974 4,816,685 1,697,134 7,743,204 27,346,408 THURSDAY, FEBRUARY 6, 1997 365 Special Purpose Contracts.............................................................? Purchase of Services Contracts.....................................................? Institutional Repairs and Maintenance.......................................? Utilities.............................................................................................? Postage..............................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................? 705,245 11,784,155 215,000 937,269 811,902 149,310,000 100,000 23,791,510 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 ? 53,085,521 ? 919,558 ? 516,005 ? 10,185,560 ? 5,450,404 ? 809,166 ? 4,377,562 ? 714,540 ? 35,629,124 ? 12,614,904 ? 25,007,656 ? 149,310,000 ? 10,576,505 ? 607,201 ? 516,005 ? 3,630,710 ? 807,636 ? 0 ? 1,348,865 ? 714,540 ? 0 ? 900,703 ? 4.689,345 ? 23,791,510 4. Family and Children Services Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? 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....................................................................? 47,464,566 4,742,042 1,167,632 0 400,080 36,180,458 3,519,841 10,892,881 19,572,831 2,342,103 404,734,864 6,344,858 212,877,671 18,139,093 4,425,956 300,359,620 1,073,164,496 2,565,582 415,862,665 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 552,343 4,361,986 6,264,527 4,002,531 11,093,303 1,108,604 3,433,097 38,918,690 1,502,428 ? 552,343 ? 3,834,883 ? 5,225,131 ? 4,002,531 ? 480,299 ? 1,108,604 ? 2,541,080 ? 21,238,750 ? 1,502,428 366 JOURNAL OF THE HOUSE, 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 Program Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total 66,523,060 392,895,744 100 2,799,420 9,893,600 115,143,243 92,504,869 3,190,752 8,435,211 64,996,906 19,279,391 30,606,282 3,190,503 29,784,476 9,618,969 5,161,293 12,468,472 11,544,785 118,285,892 3,261,916 2,342,103 0 $ 1,073,164,496 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..............................................................................................! Payments to DMA-Community Care...........................................! Medical Benefits..............................................................................! Grants to County DFACS - Operations ......................................$ B. Budget Unit: Community Mental Health/Mental Retardation and Institutions.................................! Personal Services.............................................................................! Operating Expenses........................................................................! 6,436,670 139,076,953 100 0 0 57,132,316 35,606,623 0 2,586,800 32,819,247 8,017,486 13,305,649 2,420,990 16,550,750 6,313,935 4,248,383 9,374,838 7,408,642 38,486,937 2,165,709 2,342,103 (8,962.515) 415,862,665 228,986,229 94,531,447 4,600,794 1,730,558 1,734,890 41,567,309 14,580,390 14,559,009 36,991,504 27,346,408 2,342,103 404,734,864 7,914,835 259,364,060 80,407,987 127,510,020 322,940 937,269 6,351,299 17,942,073 4,462,872 301,157,510 498.426.262 343,487,615 58,254,638 THURSDAY, FEBRUARY 6, 1997 367 Motor Vehicle Equipment Purchases ..........................................$ Utilities .............................................................................................$ Major Maintenance and Construction.........................................$ Community Services .......................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 769,533 11,531,274 2,127,790 273.564.129 689,734,979 2,404,100 498,426,262 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at Augusta Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services State Administration Regional Administration Total $ 39,911,914 $ 30,235,826 $ 23,415,883 $ 21,746,951 ! 27,794,094 $ 29,923,674 $ 126,109,278 $ 19,880,233 $ 51,859,806 $ 19,995,464 $ 3,995,292 $ 1,309,656 $ 130,454,437 $ 89,969,143 $ 56,825,492 $ 10,971,780 $ 5,336,056 $ 689,734,979 ! 25,348,848 ! 13,397,712 ! 21,498,081 ! 19,860,059 ! 20,921,995 ! 25,368,683 ! 84,170,307 ! 18,198,912 ! 22,536,270 ! 17,209,225 ! 3,086,357 ! 1,162,131 ! 124,438,597 57,513,998 31,927,812 7,092,450 4,694,825 498,426,262 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...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts.................................................! Marketing.........................................................................................! Georgia Ports Authority Lease Rentals.......................................! Waterway Development in Georgia..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 20,836.745 9,721,978 1,673,433 356,318 31,100 100,375 142,000 961,025 328,940 1,110,712 191,600 5,800,264 625,000 50.000 21,092,745 20,836,745 368 JOURNAL OF THE HOUSE, Departmental Functional Budgets Total Funds State Funds Administration Economic Development International Trade Tourism Total $ 9,510,057 $ 4,487,057 $ 1,630,998 $ 5,464,633 $ 21,092,745 9,510,057 4,387,057 1,630,998 5,308,633 20,836,745 Section 18. Department of Insurance. Budget Unit: Department of Insurance .............................................$ Personal Services................................................... ..........................$ Regular Operating Expenses .........................................................$ Motor Vehicle Purchases . Computer Charges......................... Real Estate Rentals ...................... Telecommunications..................... Per Diem, Fees and Contracts .... Health Care Utilization Review .. Total Funds Budgeted.................. State Funds Budgeted.................. 15,199,383 13,588,200 723,314 379,754 86,733 59,129 448,235 804,047 275,334 141,292 0 16,506,038 15,199,383 Departmental Functional Budgets Total Funds State Funds Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Total 4,446,908 6,612,720 517,571 4,928,839 16,506,038 4,446,908 6,612,720 517,571 3,622.184 15,199,383 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....................................................................! 9.628.869 70,226,432 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 0 155,808,877 9,628,869 Departmental Functional Budgets Total Funds State Funds Executive Offices/Administrative Services Employment and Training Services 29,280,013 126,528,864 7,768,177 1,860,692 THURSDAY, FEBRUARY 6, 1997 369 Total $ 155,808,877 9,628,869 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....................................................................! 12.521,718 11,221,772 638,449 129,322 0 31,350 360,793 698,548 140,424 60,000 147,000 13,427,658 12,521,718 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 ......................................................$ Medicaid Benefits, Penalties and Disallowances...............................................................................! Audit Contracts...............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 1,158,603,344 15,540,478 5,994,250 188,400 0 39,500 26,169,000 765,380 475,000 61,570,859 3,243,802,230 772,500 3,355,317,597 1,158,603,344 Departmental Functional Budgets Total Funds State Funds Commissioner's Office Medicaid Benefits Systems Management Indemnity Chronic Care Maternal and Child Health Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care Programs General Administration Total 1,622,440 3,243,802,230 33,798,882 1,455,058 1,304,250 9,173,992 1,734,493 5,434,450 4,382,441 52,609,361 3,355,317,597 811,217 1,133,718,248 10,720,495 639,801 463,423 3,815,280 806,076 2,717,225 1,934,951 2.976,628 1,158,603,344 B. Budget Unit: Medicaid Services 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..................... 370 JOURNAL OF THE HOUSE, Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.................. ......................................................................$ Computer Charges...........................................................................$ Real Estate Rents ...........................................................................$ 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....................................................................! 8,806,316 I,815,695 93,500 0 27,787 3,404,105 863,078 450,146 172,478,321 911,827.186 1,099,766,134 152,001 II,927,339 1,087,461,889 224,905 0 Departmental Functional Budgets Total Funds State Funds Commissioner's Office 2,858,888 ! 0 Applicant Services $ 2,634,656 ! 0 Classification and Compensation 1,602,242 ! 0 Flexible Benefits 1,250,694 ! 0 Employee Training and Development 1,256,551 ! 0 Health Insurance Administration 1,086,460,247 ! 0 Accounting and Audits 1,089,437 ! 0 Administration and Systems 2.613,419 ! 0 Total 1,099,766,134 ! 0 Section 23. 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.........................................................................! User Fee Enhancements.................................................................! Buoy Maintenance..........................................................................! Paving at State Parks and Historic Sites....................................! Grants: Land and Water Conservation......................................................! Georgia Heritage 2000 Grants.......................................................! Recreation.........................................................................................! 104,117,909 74,752,387 15,068,303 543,147 2,137,217 2,455,943 886,332 2,317,656 1,293,265 3,456,651 20,915 575,000 2,878,663 818,810 3,057,140 213,750 754,174 350,000 1,300,000 26,250 500,000 800,000 256,500 800,000 THURSDAY, FEBRUARY 6, 1997 371 Mclntosh County ............................................................................$ Chattahoochee River Basin Grants ..............................................$ Contracts: Paralympic Games ..........................................................................$ Technical Assistance Contract ......................................................$ Corps of Engineers (Cold Water Creek State Park) ...................................................................................I 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....................................................................! 100,000 2,700,000 895,000 101,213 170,047 202,448 300,000 31,000 17,900,013 5,396,990 2,324,684 6,650 145,390,148 888,943 3,811,965 2,663,931 1,424,501 200,000 104,117,909 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 Assistance Total 5,993,660 2,784,017 2,256,346 42,757,084 2,345,543 34,542,446 53,606,814 1.104,238 145,390,148 5,978,660 2,784,017 1,766,346 16,804,167 2,220,825 29,638,025 43,821,631 1,104,238 104,117,909 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......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 0 2,324,960 1,774,578 21,059 12,000 85,000 15,000 0 38,000 645,000 4,915,597 0 Departmental Functional Budgets Total Funds State Funds 372 JOURNAL OF THE HOUSE, Georgia Agricultural Exposition Authority 4,915,597 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety .................................$ 1. Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs and Maintenance.............................! Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 101,276.644 61,349,647 7,676,813 104,095 3,907,500 542,054 3,701,067 28,962 1,680,294 1,285,050 145,100 0 0 80,420,582 1,650,000 78,770,582 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....................................................................! 18,162,449 1,232,457 57,181 0 69,800 0 47,262 633,853 41,500 0 303,651 34,900 1,923,009 22,506,062 0 22,506,062 Departmental Functional Budgets Total Funds State Funds Administration Driver Services Field Operations Total 22,563,587 22,506,062 57,856,995 102,926,644 ! 21,063,587 ! 22,506,062 ! 57,706.995 ! 101,276,644 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.................................................. 14,435,708 7,978,442 2,535,831 101,300 29,443 204,322 163,762 166,997 THURSDAY, FEBRUARY 6, 1997 373 Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................! 166,746 565,522 2,425,200 3,972,660 0 18,310,225 14,435,708 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 3,054,814 1,444,682 1,166,853 1,188,742 470,003 10,985,131 18,310,225 ! 330,297 ! 1,444,682 ! 1,076,853 ! 1,078,742 ! 470,003 ! 10.035,131 ! 14,435,708 Section 25. 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............................................... 14,212,500 575,000 13,637,500 14,212,500 14,212,500 Section 26. 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....................................................................! 8,487,316 7,211,209 586,616 225,530 18,000 24,970 443,424 311,408 149,589 1,565,273 10,536,019 8,487,316 Departmental Functional Budgets Total Funds State Funds Administration Transportation Utilities Total ! 1,912,568 $ 3,556,979 $ 5,066,472 ! 10,536,019 ! 1,912,568 ! 1,716,480 ! 4,858,268 ! 8,487,316 Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction.................. Personal Services: Educ., Gen., and Dept. Svcs............................. 1.162,430.460 1,240,831,469 374 JOURNAL OF THE HOUSE, 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....................................................................! 204,000,000 295,648,162 146,000,000 20,352,506 1,276,046 359,714 388,344 6,645.000 1,915,501,241 42,000,000 350,000,000 358,043,481 3,027,300 1,162,430,460 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.....................................................................! 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.......................................................................! Area Health Education Centers....................................................! 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....................................................................! 174,876,490 274,341,727 69,874,000 127,194,177 38,184,000 2,397,136 2,062,129 3,864,204 2,119,378 146,400 7,000,000 5,868,890 0 2,505,183 4,426,900 1,357,718 600,000 200,000 1,122,866 208,403 425,000 14,826,489 558,724,600 0 109,767,000 273,525,410 555,700 174,876,490 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute 1,989,517 3,933,780 1,376,989 1,359,434 1,519,510 976,989 THURSDAY, FEBRUARY 6, 1997 375 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 117,578,655 11,038,929 58,790,970 49,210,724 253,861,493 2,887,931 2,827,763 24,236,026 3,044,746 3,128,504 24,818.573 558,724,600 13,348,554 2,617,757 38,202,317 31,398,407 32,956,551 2,887,931 527,752 24,236,026 0 128,504 24.716.758 174,876,490 C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$ Personal Services.............................................................................? Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................! State Funds Budgeted....................................................................! 0 9,387,861 14,325,274 23,713,135 23,713,135 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............................................................! Total Funds Budgeted..................................................,.................! Lottery Funds Budgeted................................................................! 78.254.000 16,400,000 2,000,000 1,500,000 48,254,000 10.100,000 78,254,000 78,254,000 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 ..............................$ Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Investment for Modernization......................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................! 106.998.485 57,941,444 5,434,457 1,366,540 251,386 421,189 14,870,790 2,855,447 3,267,510 1,071,300 3,422,795 2,404,350 3,721,810 15,154,832 112,183,850 1,340,365 3,845,000 106,998,485 Departmental Functional Budgets Total Funds State Funds Departmental Administration 6,986,179 6,986,179 376 JOURNAL OF THE HOUSE, 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 Alcohol and Tobacco Tax Accounting Total 11,260,392 27,743,346 16,314,072 8,087,629 17,762,372 7,959,879 5,025,324 3,960,990 43,700 2,558,849 4,481,118 112,183,850 $ 11,110,392 $ 26,728,146 $ 16,174,072 $ 7,787,629 $ 16,462,372 $ 7,959,879 $ 3,484,959 $ 3,860,990 $ 43,700 $ 2,558,849 $ 3,841.318 $ 106,998,485 Section 29. Secretary of State. A. Budget Unit: Secretary of State- Personal Services........................... Regular Operating Expenses....... Motor Vehicle Purchases . Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$ 28,545,910 17,914,428 3,491,536 242,000 87,050 119,190 2,621,110 2,462,246 939,859 1,283,356 485,000 29,645,775 28,545,910 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 3,867,144 4,748,551 4,518,188 4,371,524 1,159,699 437,541 10,446,875 96,253 29,645,775 $ 3,837,144 $ 4,673,551 $ 3,748,188 $ 4,351,524 $ 1,159,699 $ 382,676 $ 10,296,875 $ 96,253 $ 28,545,910 B. Budget Unit: Real Estate Commission .........................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Motor Vehicle Purchases ........... Equipment.................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications.................. Per Diem, Fees and Contracts . Total Funds Budgeted............... State Funds Budgeted............... 2.185.821 1,302,862 157,100 15,000 23,000 10,631 335,622 165,300 41,556 134,750 2,185,821 2,185,821 Departmental Functional Budgets State Funds Cost of Operations THURSDAY, FEBRUARY 6, 1997 377 Real Estate Commission 2,185,821 2,225,821 Section 30. 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....................................................................? 2,122.473 1,150,400 209,454 43,268 25,322 10,970 12,045 91,563 20,773 797,015 297,000 2,657,810 2,122,473 Section 31. 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....................................................................? 32.732,855 425,609 15,000 16,000 0 2,500 13,822 45,600 12,000 25,000 3,292,641 25,452,487 2,216,321 64,000 321,875 100,000 730,000 0 32,732,855 32,732,855 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education Commission Total 3 32,177,324 3 555,531 8 32,732,855 ? 32,177,324 ? 555,531 ? 32,732,855 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............................. 161,118,161 75,213,784 21,277,807 14,498,583 37,325,387 567,000 235,600 10,000,000 2.000,000 378 JOURNAL OF THE HOUSE, Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................! 161,118,161 161,118,161 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.................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 4,130.000 4,895,407 423,900 20,500 0 16,150 877,791 475,958 146,000 371,000 3,750,000 380,000 11,356,706 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 ....................................................................$ Salaries and Travel of Public Librarians....................................! Public Library Materials................................................................! Talking Book Centers ...................................................................$ Public Library Maintenance and Operations .............................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 203,348,573 5,454,771 615,390 162,380 0 188,350 909,404 626,498 126,005 776,588 139,946,135 39,474,261 156,000 8,610,510 19,950,378 3,390,682 18,490,140 13,646,649 5,828,704 974,478 4.998,958 264,326,281 203,348,573 Departmental Functional Budgets Total Funds State Funds State Administration Institutions Total ! 8,859,386 ! 255,466,895 ! 264,326,281 5,760,736 197,587,837 203,348,573 B. Budget Unit: Lottery for Education..............................................! Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................! Capital Outlay - Technical Institute Satellite Facilities........................................................................! 71.317,507 1,000,000 25,663,349 THURSDAY, FEBRUARY 6, 1997 379 Equipment-Technical Institutes ...................................................$ Repairs and Renovations - Technical Institutes.......................................................................................$ Assistive Technology Grants .........................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................! 38,859,158 5,295,000 500,000 71,317,507 71,317,507 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........................................................! 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....................................................................! 543,093,283 254,070,266 57,220,469 1,970,840 2,000,000 6,377,626 3,929,287 1,337,073 2,743,320 41,559,264 780,007,661 1,024,100 1,267,500 9,933,053 700,000 400,000 1,164,540,459 543,093,283 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 Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total 2,202,103 14,469,137 700,000 17,371,240 1,815,103 5,578,180 700,000 8,093,283 Section 35. 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 20.318,189 5,095,669 147,282 80,629 0 114,855 10,881 248,700 62,200 380 JOURNAL OF THE HOUSE, Hospital.........................................................................................? Operating Expense/Payments to Medical College of Georgia.....................................................................................? Regular Operating Expenses for Projects and Insurance......................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................? 13,896,381 7,595,980 773,180 28,025,757 20,318,189 Departmental Functional Budgets Total Funds State Funds Veterans Assistance Veterans Nursing Home-Augusta Total ? 20,429,777 ? 7,595,980 ? 28,025,757 ? 14,655,556 ? 5,662,633 ? 20,318,189 Section 36. 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....................................................................? 10,702,701 8,666,608 372,074 76,840 0 17,252 247,479 1,079,835 207,613 225,000 0 10,892,701 10,702,701 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)..............................................? ? 584,541,011 35,000,000 619,541,011 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New)............................................................? 0 Motor Fuel Tax Funds (New)..................................................? 0 ? 0 Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations 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 THURSDAY, FEBRUARY 6, 1997 381 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 Automation 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. Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount Clayton 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 Recreational Equipment in Clayton County Operation of "Hot Zone Policing" Expenses Related to Capital 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 Water Lines 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 $ 25,000 $ 10,000 $ 25,000 $ 25,000 $ 20,000 $ 40,000 $ 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 $ 20,000 382 City of Camilla Worth County Candler County City of Centerville Charlton County 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 Sardis City of Grayson Greene County JOURNAL OF THE HOUSE, 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 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 Handicappped Access for the Collins 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 of Education Operation of Center for Renewal of Democracy Improvements to Gymnasium and Stadium Renovations to Gymnasium Improvements to City of Sardis Equipment Furnishings for Community Senior Center Purchase and Installation of chain link fence for Greene County Airport $ 25,000 $ 35,000 $ 25,000 $ 10,000 $ 50,000 $ 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 $ 45,000 $ 5,000 $ 60,000 $ 25,000 $ 8,000 $ 7,500 $ 7,500 $ 25,000 $ 40,000 Henry County Board 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 City of Lincolnton City of Lula City of Gainesville Lumpkin County City of Lyerly Macon County Madison County Meriwether County Meriwether County City of Monroe Muscogee County Muscogee County THURSDAY, FEBRUARY 6, 1997 Construction of a Fine Arts Building Operation of the Museum of Aviation Athletic Field Fencing for Houston County High School Erection of Monument Renovation of Elementary School Restroom and Rose Bowl Field Administrative Cost and Legal Fees for Jeff Davis Hospital Authority Renovations to Jeff Davis County Extension Service and Annex and Law Enforcement Center Asbestos Removal from Jenkins County Development Authority Facility Renovations to Heating System for Community Center Renovation/Restoration of the Beach Institute Building Purchase Equipment for City of LaGrange/Troup County Recreation Commission Improvements to Park and Recreation Facilities Plan/Construct Livestock Pavillion and Arena Renovations and Heating, Ventilation and Air Conditioning Addition for Facility Purchase of Patrol Car Correction to Flood Control Problem Renovations to Old City Hall Building Operation of a Gainesville Community Facility Construction of Animal Shelter Upgrade Water System Purchase Equipment for Macon County Local Emergency Planning Commission Provide for Infrastructure Study of Water and Sewer Systems Renovate Old Greenville Railroad Depot Creation of Recreation Department Renovations to Monroe Area Comprehensive High School Athletic Track Equipment and Operating Expenses for Columbus Community Center Operation of Combined Communities of Southeast Columbus 383 $ 12,500 $ 175,000 $ 10,000 $ 2,500 $ 40,000 $ 15,000 $ 15,000 $ 50,000 $ 4,250 $ 20,000 $ 10,000 $ 20,000 $ 12,500 $ 10,000 $ 18,000 $ 12,000 $ 20,000 $ 10,000 $ 10,000 $ 30,000 $ 10,500 $ 30,000 $ 10,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 384 Muscogee County City of Dalton Oconee Regional Library City of Odum City of Screven 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 Gwinnett County Board of Education Emanuel County Talbot County Board of Education Telfair County Telfair County Towns County Twiggs County Board of Education City of Tybee Island JOURNAL OF THE HOUSE, 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 To Repair Facilities To Repair Facilities Extension of Water Line 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 Hangar 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 Sewer 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 Recreation Equipment for Suwanee and Lanier High Schools 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 $ 10,000 $ 40,000 $ 25,000 $ 5,000 $ 5,000 $ 12,000 $ 75,000 $ 15,000 $ 30,000 $ 15,000 $ 50,000 $ 15,000 $ 10,000 $ 15,000 $ 75,000 $ 10,000 $ 20,000 $ 62,000 $ 25,000 $ 35,000 $ 30,000 $ 40,000 $ 45,000 $ 5,000 $ 18,000 $ 20,000 $ 50,000 THURSDAY, FEBRUARY 6, 1997 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 City of Pelham City of Atlanta City of Tallapoosa City of Bremen City of Cave Spring Fulton County Dade County Fulton County Twiggs County Board of Education Gwinnett County Hall County 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 Rescue Vehicle Improvements to Water and Sewer System Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University Equip/Operate Recreational Facilities Equip/Operate Recreational Facilities Improvements for Rolator Park Operation of Fulton County Drug Program Renovation to Middle School Gymnasium Improvements to Fulton Industrial Boulevard at Fulton County Airport - Brown Field Lights and Bleachers for Twiggs County High School Football Field Roof Repairs at Creative Enterprises Operation of Temporary Welcome Center 385 $ 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 $ 15,000 $ 35,000 $ 250,000 $ 15,000 $ 15,000 $ 40,000 $ 48,000 $ 20,000 $ 50,000 $ 50,000 $ 50,000 $ 5,000 386 Richmond County Richmond County Cobb County City of Rockmart City of Aragon City of Cedartown Coweta County Treutlen County Hancock County City of Social Circle DeKalb County DeKalb County DeKalb County DeKalb County Screvens County Board of Education Jenkina County Board of Education City of Plains Peach County City of Montezuma Chatham County Chatham County Chatham County Mclntosh County Board of Education Long County City of Greenville Hart County City of Cave Springs Lumpkin County Lumpkin County Board of Education Bleckley County City of Pelham JOURNAL OF THE HOUSE, Lights for Richmond County Little League Field Operation of the Richmond County Boxing Club Expansion of the Marietta/Cobb YMCA Battered Women's Shelter Renovation of Rockmart Recreation Complex Equipment/Operations of Recreational Facilities Equipment/Operation of Recreational Facilities Construction of Youth Athletic Complex Construction of Recreation Field House Equipment for Volunteer Fire Department Renovation of Gunter Hall in Social Circle Repairs to Pine Lake Dike Operation of the Soapstone Arts Center Operate the South DeKalb Business Incubator Lighting for East Lake Neighbors For Technology Equipment at the Screvens County School System Recreational Equipment for the Jenkins County School System Fire Equipment for the City of Plains To Purchase Welcome Signs for Peach County Paving for Blanks Civic Complex Restoration and Renovation of Building for Con-Ed., Inc. Operation of Chatham County Rape Crisis Center Renovation/Construction of the Savannah Lucas Theatre Construction of Bleachers for Mclntosh County School System Purchase of Land for Long County Park Construction of Greenville Railroad Depot Operation of Hart County Parks Operation of Crossroads Program for Georgia School for the Deaf Construction Veterans Park and Monument Equipment Purchases for Lumpkin County High School Construction/Renovation of Courthouse For Lighting at the Pelham $ 20,000 $ 10,000 $ 20,000 $ 50,000 $ 10,000 $ 15,000 $ 35,000 $ 35,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 25,000 $ 7,000 $ 10,000 $ 8,145 $ 50,000 $ 10,000 $ 10,000 $ 35,000 $ 35,000 $ 25,000 $ 50,000 $ 25,000 $ 50,000 $ 15,000 $ 15,000 $ 50,000 THURSDAY, FEBRUARY 6, 1997 City of Ellijay Fannin County City of Douglas Coffee County City of Atlanta Clayton County Pulaski County City of Riverdale City of Morrow City of Forest Park DeKalb County DeKalb County City of Americus City of Albany Quitman County DeKalb County Lowdnes County Board of Education City of Valdosta City of Sardis City of Keysville Glynn County Fannin County Irwin County Seminole County Board of Education DeKalb County City of Milledgeville DeKalb County City of Chamblee Augusta/Richmond County Chatham County Chatham County Livestock Complex Renovation/Construction for Vocational Transitions, Inc. Purchase Rescue Equipment To Construct Softball/Soccer Complex For Computer Programming at the Coffee County Health Department Litter Abatement Improvements to Rex Athletic Field Establish a Recreation Facility in Pulaski County Improvements to Riverdale Recreational Facilitities Improvements to Morrow Recreational Facilities Park Improvements in Forest Park Operation of Violence Prevention Program Operation of the Winning Circle Program Operation of Cultural Arts Program Accessible Van for Slater King Adult Day Center Renovations for the Quitman County Courthouse Equipment for Initiative for Children and Families Vocational Equipment for Lowndes County High School To Construct Valdosta Historic Monument Equipment/Operations for City of Sardis Equipment/Operations for City of Keysville To Provide for Project SHARE For Operation of Georgia Mental Health Services Construction of FFA Livestock Show Barn Construction of Greenhouse for Seminole High School Equipment/Operation of Fernbank Museum Historical Museum Operations Operation of Juvenile Court Truancy Program Law Enforcement Radio Equipment Operation of Community-Based Organizations Construction of Ralph Mark Gilbert Museum Operation of Savannah Tourism Network 387 $ 15,000 $ 15,000 $ 30,000 $ 75,000 $ 75,000 $ 50,000 $ 15,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 30,000 $ 25,000 $ 15,000 $ 10,000 $ 20,000 $ 15,000 $ 10,000 $ 20,000 $ 37,440 $ 25,000 $ 40,000 $ 75,000 $ 10,000 $ 40,000 $ 7,500 $ 50,000 $ 20,000 $ 10,000 388 JOURNAL OF THE HOUSE, Bibb County Houston County Newton County Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia Construction of Warner Robins Engineering Facility Purchase of Land for Economic Development $ 2,000,000 $ 3,000,000 $ 7,100,000 Section 40. Provisions Relative to Section 11, State Board of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,837.30. 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 41. Provisions Relative to Section 12, Employees' Retirement System. There is included in this appropriations bill funding for H.B. 244, H.B. 590, H.B. 679, H.B. 743, H.B. 852, and H.B. 1046. Section 42. 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 standards 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. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 43. Provisions Relative to Section 21, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a THURSDAY, FEBRUARY 6, 1997 389 specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Provided, that of the above appropriated relating to Medicaid Benefits, $100,000 is designated for the Independent Care program for personal assistance and support. Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $173.70 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 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 of January 1, 1996 pricing arrangement; 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 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sities receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. 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. It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems. Section 46. Provisions Relative to Section 32, Teachers' Retirement System. There is included in this appropriations bill funding for H.B. 691, H.B. 977, H.B. 586, and H.B. 1025. Section 47. 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 institutions. Section 48. 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 Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. 390 JOURNAL OF THE HOUSE, 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 payable 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 separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 49. 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 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 Unif'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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the 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 50. 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 service contracts, overtime payments, training and other expenses related to security operations 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 appropriate budget units for the purpose of making such payments. Section 51. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Fedeeral 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. 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 THURSDAY, FEBRUARY 6, 1997 391 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 52. Bach 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 53. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 54. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 55. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 56. (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 appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. 392 JOURNAL OF THE HOUSE, (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 57. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 58. Salary Adjustments. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: l.)To provide a cost of living increase of 4% for employees of the Judicial, Legislative and Executive branches with the amount of the appropriation for this purpose determined according to an effective date of 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 a cost of living adjustment 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 Assembly, as amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996. 3.) To provide a cost of living adjustment of 2% for the member of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996. 4.) To provide for a 6% increase in state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1996. 5.) To provide a 4% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1996. 6.) In addition to the cost of living adjustment in item 1, to provide for an additional 2% increase in the Technical Instructor Salary Schedule of the Department of Technical and Adult Education for instructors with the amount of the appropriation for this purpose, and for the purpose of item 1 as to this group, determined according to an effective date of September 1, 1996, such that the total increase on an annualized basis is 6 percent. 7.) In lieu of item 1 above, to provide a 6% funding level for merit increases for Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1996 for non-academic personnel and of September 1, 1996 for academic personnel. 8.) In addition to the cost of living adjustment in item 1 above, to provide a 5% salary increase for the Correctional Officer class series with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996, such that the total increase on an annualized basis is 9%. Section 59. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 $ 11,793,346,344 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 following Committee substitute was read: A BILL To amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the "General Appropriations Act", approved April 25, 1996 (Ga. L. 1996, p. 1529), so THURSDAY, FEBRUARY 6, 1997 393 as to change certain appropriations for the State Fiscal Year 1996-1997; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 1996-1997, as amended, known as the "General Appropriations Act" approved April 25, 1996 (Ga. L. 1996, p. 1529), is further amended by striking everything following the enacting clause through Section 64, 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, 1996, and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $10,500,000,000 (excluding the indigent trust fund receipts and lottery receipts) for State Year 1997. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly ..........................................................$ 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....................................................................! 26.278,571 14,002,258 3,840,461 2,639,647 98,000 7,000 0 585,000 232,000 475,000 5,000 650,500 145,980 2,374,925 90,000 1,132,800 26,278,571 26,278,571 Senate Functional Budgets Total Funds State Funds Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total 4,107,790 658,038 1.191.350 5,957,178 4,107,790 658,038 1,191,350 5,957,178 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 ! 10,634,940 ! 553,080 $ 1,413,794 $ 12,601,814 10,634,940 553,080 1,413,794 12,601,814 Joint Functional Budgets Total Funds State Funds 394 JOURNAL OF THE HOUSE, Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total $ 2,781,605 $ 2,172,611 $ 1,006,538 $ 1,381,672 $ 377,153 $ 7,719,579 $ 2,781,605 $ 2,172,611 $ 1,006,538 $ 1,381,672 $ 377,153 $ 7,719,579 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 Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits...................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 20,625.494 16,470,396 602,030 575,000 268,695 15,000 895,000 58,225 1,579,000 162,148 20,625,494 20,625,494 PART II JUDICIAL BRANCH Section 3. Judicial Branch. THURSDAY, FEBRUARY 6, 1997 395 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....................................................................$ 85,838.558 12,314,773 70,476,312 2,325,110 1,346,564 26,240 300,000 683,800 87,472,799 85,838,558 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 Commissions Georgia Office of Dispute Resolution Total 6,641,102 8,004,049 35,735,637 27,798,196 1,093,172 758,378 2,026,094 168,197 3,000,000 1,998,906 249,068 87,472,799 $ 6,015,631 7,954,049 35,667,637 26,907,426 1,093,172 758,378 2,026,094 168,197 3,000,000 1,998,906 249.068 85,838,558 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 ............................................I Payments to Golf Hall of Fame....................................................$ Total Funds Budgeted........................................................,...........! 42,126,890 50,932,252 13,051,106 434,831 696,459 I,608,195 II,737,692 3,586,862 4,134,175 3,036,876 11,796,710 0 2,972,744 550,000 540,699 60,183,280 929,406 21,000,000 550,000 85,000 48,500 85,000 187,959,787 396 JOURNAL OF THE HOUSE, 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 $ 2,440,977 $ 2,232,092 $ 12,701,985 $ 530,934 $ 3,061,819 $ 683,232 $ 20,919,779 $ 47,343,191 $ 4,627,673 $ 76,288,305 $ 3,363,509 $ 2,691,230 $ 1,309,330 $ 4,344,516 $ 668,788 $ 0 $ 1,092,425 $ 3,660.002 $ 187,959,787 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 Facilities Program Total $ 2,035,634 $ 5,475,952 $ 4,453,839 $ 6,785,722 $ 382,451 $ 4,097,175 $ 12,927,239 $ 451,635 $ 928.852 $ 37,538,499 42,126,890 State Funds 1,662,773 2,100,905 9,727,188 530,934 3,061,819 0 0 14,069,599 0 5,850,000 0 0 0 550,000 668,788 0 519,051 3,385,833 42,126,890 0 22,260,369 13,236,589 12,000 268,000 452,400 110,100 15,071 228,970 405,000 550,000 0 0 0 37,538,499 0 State Funds THURSDAY, FEBRUARY 6, 1997 397 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 .......................................................................$ 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....................................................................! 37.694.271 31,819,304 4,514,508 1,074,894 692,227 439,750 550,000 814,475 412,585 992,587 1,046,000 2,750,466 2,719,702 312,000 60,000 175,000 662,431 0 350,000 0 40,000 0 49,425,929 37,694,271 Departmental Functional Budgets Total Funds State Funds Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total 8,520,089 16,000,489 6,687,636 5,837,509 3,449,263 8,348,840 582,103 49,425,929 7,739,089 12,868,354 3,012,636 5,650,009 3,319,563 5,104,620 0 37,694,271 B. Budget Unit: Georgia Agrirama Development Authority..................................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ 0 934,037 178,872 4,650 0 3,060 2,000 0 7,757 7,225 145,367 398 JOURNAL OF THE HOUSE, Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 107.050 1,390,018 0 Section 6. 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....................................................................! 9,318.265 7,701,330 455,685 400,000 36,750 8,200 295,000 335,000 73,000 13,300 9,318,265 9,318,265 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....................................................................! 149,367.187 95,045,696 9,486,811 939,357 185,788 465,630 346,436 1,690,885 1,010,824 5,743,294 2,959,577 509,559 3,615,495 17,682,980 15,441,530 0 155,123,862 149,367,187 Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Court Services Day Centers Group Homes CYS Purchased Services Law Enforcement Office Assessment and Classification Multi-Service Centers 31,841,613 15,900,486 10,897,401 6,538,420 5,564,824 14,855,196 14,593,530 19,219,077 496,745 1,043,480 20,028,552 1,650,835 591,587 3,886,910 29,863,052 15,123,043 10,234,969 6,223,039 5,228,227 14,519,944 14,306,280 19,072,273 496,745 1,043,480 19,201,597 1,650,835 591,587 3,796,910 THURSDAY, FEBRUARY 6, 1997 399 Youth Services Administration Total 8,015,206 $ 155,123,862 8,015.206 149,367,187 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs ............................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications .......................................................................$ Capitol Felony Expenses................................................................$ Contracts for Regional Planning and Development ................................................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission Assessment.........................? Community Development Block Grants - Federal ..........................................................................$ Payment to Georgia Environmental Facilities Authority......................................................................................? Payment to Georgia Housing and Finance Authority ,..............................................................$ ARC-Revolving Loan Fund ...........................................................$ Local Development Fund...............................................................$ Payments to Music Hall of Fame Authority ..............................$ Payment to State Housing Trust Fund.......................................$ Payments to Sports Hall of Fame ................................................$ Regional Economic Business Assistance Grants........................................................................? Local Government Efficiency Grant Program............................? State Commission on National and Community Service...........................................................................................? EZ/EC Administration...................................................................? EZ/EC Grants..................................................................................? Business Flood Disaster Recovery Program...............................? Targeted Regional Assistance Program.......................................? Administrative Cost Allocation.....................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................? 44,660.916 13,169,863 1,615,940 342,534 0 96,673 1,102,988 1,257,446 387,197 344,452 0 2,167,374 21,190,335 112,439 30,000,000 2,407,584 2,814,244 0 650,000 965,278 4,625,000 281,541 6,650,000 500,000 214,856 209,499 0 0 0 0 91,105,243 44,660,916 Departmental Functional Budgets Total Funds State Funds Executive Division Research and Information Division Planning and Management Division Business and Financial Assistance Division Housing and Finance Division Accounting, Audits and Administration Division Rental Assistance Division Total ? 1,053,363 ? 2,896,369 ? 4,481,067 ? 39,376,604 ? 4,005,987 ? 35,701,156 ? 3,590.697 ? 91,105,243 546,906 2,448,142 4,276,254 7,828,061 0 29,561,553 0 44,660,916 Section 9. Department of Corrections. 400 JOURNAL OF THE HOUSE, A. Budget Unit: Administration, Institutions and Probation..........................................................? Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Utilities.............................................................................................? Court Costs.......................................................................................? County Subsidy...............................................................................? County Subsidy for Jails................................................................? County Workcamp Construction Grants.....................................? Central Repair Fund.......................................................................? Payments to Central State Hospital for Meals.......................................................................................? Payments to Central State Hospital for Utilities...................................................................................? Payments to Public Safety for Meals..........................................? Inmate Release Fund......................................................................? Health Services Purchases.............................................................? Payments to MAG for Health Care Certification......................? University of Georgia - College of Veterinary Medicine Contracts.....................................................................? Minor Construction Fund..............................................................? Total Funds Budgeted....................................................................? Indirect DOAS Funding.................................................................? Georgia Correctional Industries....................................................? State Funds Budgeted....................................................................? 674,772.443 470,487,985 63,368,960 2,139,094 4,348,384 5,221,705 6,078,360 6,048,776 7,465,873 12,797,324 0 20,659,455 1,200,000 16,856,950 3,343,750 0 1,127,250 4,059,700 1,376,000 461,160 1,500,000 65,495,930 63,420 366,244 894,000 695,360,320 450,000 0 674,772,443 Departmental Functional Budgets Total Funds State Funds Executive Operations Administration Human Resources Field Probation Facilities Total 14,842,276 88,195,813 12,358,510 59,672,669 520,291,052 695,360,320 14,485,276 84,886,738 12,358,510 59,192,669 503,849.250 674,772,443 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....................................................................? 43,308.314 33,766,363 1,615,677 547,000 228,000 191,424 291,200 2,785,000 930,000 2,278,650 650,000 25.000 43,308,314 43,308,314 THURSDAY, FEBRUARY 6, 1997 401 Section 10. Department of Defense. Budget Unit: Department of Defense ................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 4,230.851 9,090,415 6,198,797 29,375 0 28,840 11,125 24,400 40,825 458,000 0 15,881,777 4,230,851 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total 1,281,075 5,316,273 9.284.429 15,881,777 1,241,926 618,360 2.370.565 4,230,851 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................................................................................! 4,110,669,076 33,455,602 5,226,647 967,224 57,592 117,371 7,526,554 1,309,614 1,109,107 17,226,784 912,272 0 997,621,233 856,200,685 350,962,605 168,564,020 111,007,756 384,401,822 58,064,303 89,508,479 33,759,340 106,022,187 691,835,455 142,429,530 (673,892,309) 91,618,777 0 165,250,422 3,609,604 402 JOURNAL OF THE HOUSE, 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........................................................................................! 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....................................................! 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 .................................................$ 25,291,984 87,838,070 78,838,661 563,759 14,363,735 143,999,894 5,408,750 54,732,103 2,210,804 44,078,591 188,375,722 29,128,663 1,491,147 9,722,497 3,489,010 21,712,907 5,041,480 3,500,000 7,580,313 293,520 2,720,906 0 0 0 0 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 16,877,102 1,250,000 0 382,597 4,340,000 1,875,664 12,976,442 100,000 3,300,000 500,000 55,000 15,289,138 266,403 4,606,697,339 340,000 THURSDAY, FEBRUARY 6, 1997 403 State Funds Budgeted....................................................................$ 4,110,669,076 Departmental Functional Budgets Total Funds State Funds State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total 9,979,858 16,275,416 1,216,892 4,752,496 6,005,977 11,784,145 1,099,461 4,539,138,572 5,396,840 4,999,826 5,044,718 1,003,138 4,606,697,339 ! 8,522,164 $ 12,209,463 $ 1,139,303 $ 4,752,496 $ 717,685 ! 10,710,449 $ 1,099,461 $ 4,056,048,225 $ 5,143,455 ! 4,770,730 $ 4,771,163 $ 784,482 $ 4,110,669,076 B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Assistive Technology.......................................................................$ Alternative Programs......................................................................$ Educational Technology Centers ..................................................$ Distant Learning - Satellite Dishes..............................................$ Model Technology Schools ............................................................$ Capital Outlay .................................................................................$ Post Secondary Options .................................................................$ Learning Logic Sites .......................................................................$ Financial and Management Equipment ......................................$ Computers in the Classroom .........................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$ 348.481,780 204,982,285 3,650,000 0 1,100,000 0 250,000 0 107,147,885 1,510,000 0 2,736,950 27.104.660 348,481,780 348,481,780 Section 12. 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 1,969,849 301,000 18,000 0 13,220 554,222 306,040 38,362 1,313,358 0 4,514,051 0 Section 13. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! 35.405.086 29,287,269 5,643,951 159,937 921,785 1,580,419 310,500 404 JOURNAL OF THE HOUSE, 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....................................................................! 54,764 928,106 1,094,798 0 28,500 60,000 241,752 40,311,781 35,405,086 Departmental Functional Budgets Total Funds State Funds Reforestation Field Services General Administration and Support Total $ 1,843,044 $ 34,489,238 ! 3.979,499 $ 40,311,781 ! 52,726 $ 31,541,016 $ 3,811,344 $ 35,405,086 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....................................................................! 46.772,957 35,421,860 4,283,612 448,187 476,558 606,640 610,837 2,063,325 1,082,166 1,295,772 484,000 0 46,772,957 46,772,957 Departmental Functional Budgets Total Funds State Funds Administration Investigative Georgia Crime Information Center Forensic Sciences Total $ 3,777,831 $ 24,362,684 ! 7,965,488 $ 10,666,954 ! 46,772,957 ! 3,777,831 $ 24,362,684 $ 7,965,488 ! 10,666,954 $ 46,772,957 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.........................................................! 32,339,333 15,246,726 954,076 266,239 0 63,776 582,757 1,002,683 455,681 4,306,578 3,432,344 40,000 5,185,678 THURSDAY, FEBRUARY 6, 1997 405 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...................................... 165,000 3,850,000 214,000 150,000 0 290,975 1,477,500 100,000 684,400 1,085,968 0 60.000 39,614,381 32,339,333 Departmental Functional Budgets Total Funds State Funds Governor's Office Office of Equal Opportunity 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 Governor's Commission for the Privatization of Government Services Vocational Education Advisory Council Total 8,823,022 981,413 7,687,160 4,996,782 3,251,629 342,373 1,230,166 2,206,223 313,156 4,389,399 5,009,163 94,895 200,000 89,000 39,614,381 8,823,022 823,413 7,587,160 4,420,782 3,251,629 342,373 290,847 531,223 313,156 4,389,399 1,182,434 94,895 200,000 89,000 32,339,333 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.......................................! 696,597.479 52,458,594 2,156,126 1,332,131 1,647,558 89,753 4,818,586 5,470,346 1,282,446 726,204 284,000 46,586,389 37,751,222 73,440 406 JOURNAL OF THE HOUSE, Payments to DMA-Community Care...........................................$ Grants to County DFACS - Operations...................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$ 996,644 17,942,073 797.890 174,413,402 412,600 108,219,217 Departmental Functional Budgets Total Funds State Funds Commissioner's Office Budget Administration Children's Community Based Initiative Troubled Chilren's Placements Technology and Support 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 Policy and Government Services Aging Services State Health Planning Agency DD Council Total 960,368 1,255,065 5,119,250 46,586,389 21,446,210 5,480,691 877,102 2,739,981 9,960,897 6,265,864 6,178,684 1,845,416 1,824,319 0 1,031,559 59,441,999 1,695,639 1,703,969 174,413,402 960,368 1,255,065 4,744,250 33,435,726 19,803,056 4,226,695 867,102 2,739,981 4,226,414 2,306,430 5,978,684 1,845,416 1,824,319 (8,595,811) 1,031,559 29,903,161 1,615,639 51,163 108,219,217 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..............................................................................................! Medical Benefits..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................! 52,716,147 75,195,285 917,803 0 501,177 1,425,278 4,205,123 1,646,431 1,242,790 580,732 12,733,517 127,510,020 34,500 116,797 4.462,872 283,288,472 549,718 154,488,438 Departmental Functional Budgets Total Funds State Funds District Health Administration Newborn Follow-Up Care 12,977,348 1,415,696 ! 12,847,673 $ 1,200,865 THURSDAY, FEBRUARY 6, 1997 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 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 $ 1,526,075 $ 2,302,385 $ 4,221,570 $ 5,359,085 $ 2,246,333 $ 10,611,336 $ 83,023,436 $ 66,525,208 $ 13,332,554 $ 3,240,976 $ 1,782,019 $ 578,695 $ 1,009,244 $ 6,040,468 $ 925,227 $ 1,189,590 $ 2,455,855 $ 474,068 $ 556,495 $ 4,851,648 $ 1,253,612 $ 426,906 $ 1,968,815 $ 1,956,452 $ 2,707,960 $ 1,204,242 $ 6,241,647 $ 2,422,503 $ 164,148 $ 9,856,546 $ 8,898,597 $ 3,250,000 $ 3,259,555 $ 174,591 $ 12,857,587 $ 0 $ 283,288,472 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 ..................................................................................... 407 1,203,900 1,189,773 3,822,751 5,212,085 310,879 5,744,320 0 65,486,672 6,556,247 1,892,263 1,683,117 425,913 0 4,643,502 751,792 516,528 1,045,487 474,068 556,495 4,851,648 1,001,257 216,973 1,920,136 1,718,713 2,485,142 692,369 5,971,647 915,861 164,148 5,107,508 0 2,493,380 2,135,951 157,094 10,627,999 (1.535,718) 154,488,438 76,346,922 12,437,994 1,183,228 83,000 743,880 4,816,685 7,743,204 2,457,974 1,697,134 27,346,408 0 705,245 11,784,155 215,000 937,269 408 JOURNAL OF THE HOUSE, Postage.............................................. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted.................... 811.902 149,310,000 100,000 23,791,510 Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services Independent Living Employment Services 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 $ 51,461,476 $ 919,558 $ 516,005 $ 10,185,560 $ 7,074,449 $ 809,166 $ 4,377,562 $ 714,540 $ 35,629,124 $ 12,614,904 $ 25.007,656 $ 149,310,000 10,230,583 607,201 516,005 3,630,710 1,153,558 0 1,348,865 714,540 0 900,703 4.689.345 23,791,510 4. Family and Children Services Budget: Personal Services....................................................................... Regular Operating Expenses ................................................... Travel.......................................................................................... Motor Vehicle Purchases ......................................................... Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Children's Trust Fund....................................................................$ Cash Benefits...................................................................................? Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Grants to County DFACS - Operations ......................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................! 47,464,566 4,742,042 1,167,632 0 400,080 3,519,841 19,572,831 36,180,458 10,892,881 2,342,103 382,929,992 6,344,858 213,177,671 18,179,093 4,425,956 297,156.396 1,048,496,400 2,565,582 410,098,314 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 552,343 4,361,986 6,264,527 4,002,531 11,093,303 1,108,604 3,433,097 38,918,690 1,502,428 66,523,060 371,090,872 100 $ 552,343 $ 3,834,883 $ 5,225,131 $ 4,002,531 $ 480,299 $ 1,108,604 $ 2,541,080 $ 21,238,750 $ 1,502,428 $ 6,436,670 $ 132,972,602 $ 100 THURSDAY, FEBRUARY 6, 1997 Refugee Programs Energy Benefits County DFACS Operations - Eligibility County DFACS Operations - Social Services Food Stamp Issuance County DFACS Operations - Homemakers Services County DFACS Operations - Joint and Administration County DFACS Operations - Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund Indirect Cost Total $ 2,799,420 $ 9,893,600 $ 113,420,564 $ 91,858,619 $ 3,190,752 $ 8,435,211 $ 64,162,611 $ 19,279,391 ! 30,606,282 $ 3,190,503 $ 29,784,476 $ 9,618,969 $ 5,161,293 ! 12,468,472 $ 11,544,785 $ 118,585,892 $ 0 $ 3,301,916 $ 2,342,103 $ 0 $ 1,048,496,400 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.............................................................................................! 409 0 0 57,132,316 35,606,623 0 2,586,800 32,819,247 8,017,486 13,350,649 2,420,990 16,550,750 6,313,935 4,248,383 9,374,838 7,408,642 38,786,937 0 2,205,709 2,342,103 (8.962,515) 410,098,314 228,986,229 94,531,447 4,600,794 1,730,558 1,734,890 14,580,390 36,991,504 41,567,309 14,559,009 27,346,408 2,342,103 382,929,992 7,914,835 259,764,060 80,447,987 127,510,020 322,940 937,269 6,351,299 17,942,073 297,954,286 4,462,872 497,426,262 343,446,638 58,209,244 769,533 11,531,274 410 JOURNAL OF THE HOUSE, Major Maintenance and Construction .........................................$ Community Services .......................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$ 2,127,790 273,264.129 689,348,608 2,404,100 497,426,262 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at Augusta Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services State Administration Regional Administration Total 39,911,914 $ 30,235,826 23,415,883 21,746,951 27,794,094 29,923,674 126,109,278 19,880,233 51,859,806 19,995,464 3,995,292 1,223,285 130,454,437 89,969,143 56,525,492 10,971,780 5,336,056 689,348,608 25,348,848 13,397,712 21,498,081 19,860,059 20,921,995 25,368,683 83,170,307 18,198,912 22,536,270 17,209,225 3,086,357 1,162,131 124,438,597 57,513,998 31,927,812 7,092,450 4.694,825 497,426,262 Section 17. 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.....................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 20,836.745 9,721,978 1,673,433 356,318 31,100 100,375 142,000 961,025 328,940 1,110,712 191,600 5,800,264 625,000 0 50,000 0 21,092,745 20,836,745 THURSDAY, FEBRUARY 6, 1997 411 Departmental Functional Budgets Total Funds State Funds Administration Economic Development Trade Tourism Total $ 9,510,057 $ 4,487,057 $ 1,630,998 $ 5,464,633 $ 21,092,745 $ 9,510,057 4,387,057 1,630,998 5,308,633 20,836,745 Section 18. Department of Insurance. Budget Unit: Department of Insurance .............................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Computer Charges......................... Real Estate Rentals ...................... Telecommunications..................... Per Diem, Fees and Contracts .... Health Care Utilization Review.. Total Funds Budgeted.................. State Funds Budgeted.................. 15,099,383 13,443,200 768,314 379,754 86,733 59,129 448,235 804,047 275,334 141,292 0 16,406,038 15,099,383 Departmental Functional Budgets Total Funds State Funds Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Total 4,346,908 6,612,720 517,571 4,928,839 16,406,038 4,346,908 6,612,720 517,571 3,622,184 15,099,383 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....................................................................! 9,628,869 70,226,432 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 0 155,808,877 9,628,869 Departmental Functional Budgets Total Funds State Funds Executive Offices/Administrative Services Employment and Training Services 29,280,013 126,528,864 7,768,177 1,860.692 412 JOURNAL OF THE HOUSE, Total 155,808,877 9,628,869 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....................................................................! 12,521.718 11,874,661 638,449 179,322 0 31,350 360,793 698,548 140,424 60,000 147,000 14,130,547 12,521,718 Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Chgxges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Medicaid Benefits, Penalties and Disallowances .......................................................................$ Audit Contracts...............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 1,158.103,344 15,540,478 5,994,250 188,400 0 39,500 24,169,000 765,380 475,000 61,570,859 3,243,802,230 772,500 3,353,317,597 1,158,103,344 Departmental Functional Budgets Total Funds State Funds Commissioner's Office Benefits, Penalties and Disallowances Systems Management Indemnity Chronic Care Maternal and Child Health Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total 1,622,440 3,243,802,230 31,798,882 1,455,058 1,304,250 9,173,992 1,734,493 5,434,450 4,382,441 52,609,361 3,353,317,597 811,217 1,133,718,248 10,220,495 639,801 463,423 3,815,280 806,076 2,717,225 1,934,951 2,976,628 1,158,103,344 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 THURSDAY, FEBRUARY 6, 1997 413 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 8,806,316 I,815,695 93,500 27,787 863,078 172,478,321 3,404,105 450,146 911,827,186 1,099,766,134 152,001 II,927,339 1,087,461,889 224,905 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 2,858,888 ! 0 2,634,656 ! 0 1,602,242 ! 0 1,250,694 ! 0 1,256,551 ! 0 1,086,460,247 ! 0 1,089,437 ! 0 2,613,419 ! 0 1,099,766,134 ! 0 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.......................................................! 105,017,909 74,752,387 15,218,303 543,147 2,137,217 2,455,943 2,317,656 3,456,651 886,332 1,293,265 20,915 575,000 2,878,663 818,810 2,907,140 213,750 754,174 350,000 1,300,000 26,250 0 500,000 800,000 256,500 414 JOURNAL OF THE HOUSE, Recreation.........................................................................................$ Chattahoochee River Basin Grants ..............................................$ Contracts: Paralympic Games ..........................................................................$ Technical Assistance Contract ......................................................$ Corps of Engineers (Cold Water Creek State Park) ...................................................................................$ Georgia State Games Commission................................................$ U.S. Geological Survey for Ground Water Resources ......................................................................................$ U.S. Geological Survey for Topographic Mapping........................................................................................$ Payments to Civil War Commission ............................................$ Hazardous Waste Trust Fund.......................................................! Solid Waste Trust Fund ................................................................$ Payments to Georgia Agricultural Exposition Authority ......................................................................................$ Payments to Mclntosh County .....................................................$ Georgia Boxing Commission..........................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island State Park Authority......................................................................................! Receipts from Stone Mountain Memorial Association....................................................................................! Receipts from Lake Lanier Islands Development Authority..............................................................! Receipts from North Georgia Mountain Authority......................................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................! 800,000 2,700,000 1,795,000 101,213 170,047 202,448 300,000 0 31,000 17,900,013 5,396,990 2,324,684 100,000 6,650 146,290,148 888,943 3,811,965 2,663,931 1,424,501 200,000 105,017,909 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.................................................! 6,893,660 2,784,017 2,256,346 42,757,084 2,345,543 34,542,446 53,606,814 1.104.238 146,290,148 ! 6,878,660 $ 2,784,017 $ 1,766,346 $ 16,804,167 $ 2,220,825 ! 29,638,025 $ 43,821,631 $ 1.104.238 ! 105,017,909 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....................................................................! 0 2,614,812 1,958,978 24,959 30,000 85,000 15,000 0 50,000 695,000 0 5,473,749 THURSDAY, FEBRUARY 6, 1997 415 State Funds Budgeted............................................................... Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority 5,473,749 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety .................................$ 1. Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges..............................,............................................? Real Estate Rentals...........................,............................................? Telecommunications..........................,............................................? Per Diem, Fees and Contracts......................................................? State Patrol Posts Repairs and Maintenance.............................? Capital Outlay.................................................................................? Conviction Reports.........................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................? 101,208.644 61,356,590 7,604,370 101,595 3,907,500 542,054 3,701,067 28,962 1,680,294 1,285,050 145,100 0 0 80,352,582 1,650,000 78,702,582 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....................................................................? 18,162,449 1,232,457 57,181 0 69,800 0 47,262 633,853 41,500 0 303,651 34,900 1,923,009 22,506,062 0 22,506,062 Departmental Functional Budgets Total Funds State Funds Administration Driver Services Field Operations Total 22,495,587 22,506,062 57,856,995 102,858,644 ? 20,995,587 ? 22,506,062 ? 57.706.995 ? 101,208,644 B. Budget Unit: Units Attached for Administrative Purposes Only..............................? Attached Units Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? 14.435.708 7,952,159 2,550,274 416 JOURNAL OF THE HOUSE, Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................? 103,800 29,443 204,322 163,762 154,497 175,746 578,362 2,425,200 3,972,660 0 18,310,225 14,435,708 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 3,054,814 1,444,682 1,166,853 1,188,742 470,003 10.985.131 18,310,225 ? 330,297 ? 1,444,682 ? 1,076,853 ? 1,078,742 ? 470,003 ? 10,035,131 ? 14,435,708 Section 25. 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....................................................................? 14,212,500 575,000 13,637,500 14,212,500 14,212,500 Section 26. 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....................................................................? 8,347,316 7,101,209 607,205 225,530 18,000 40,270 503,424 324,420 153,298 1,422,663 10,396,019 8,347,316 Departmental Functional Budgets Total Funds State Funds Administration Transportation Utilities Total ? 1,972,568 ? 3,446,979 ? 4,976,472 ? 10,396,019 ? 1,972,568 ? 1,606,480 ? 4,768,268 ? 8,347,316 Section 27. Board of Regents, University THURSDAY, FEBRUARY 6, 1997 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..........................................................$ 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.......................................................................! Area Health Education Centers....................................................! 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....................................................................! 417 1,162.430.460 1,240,831,469 204,000,000 295,648,162 146,000,000 20,352,506 1,276,046 359,714 388,344 6,645,000 0 1,915,501,241 42,000,000 350,000,000 358,043,481 3,027,300 1,162,430,460 175,876,490 274,341,727 69,874,000 127,194,177 38,184,000 0 2,397,136 2,062,129 3,864,204 2,119,378 146,400 7,000,000 5,868,890 250,000 2,505,183 5,176,900 1,357,718 600,000 200,000 1,122,866 208,403 425,000 14.826.489 559,724,600 0 109,767,000 273,525,410 555,700 175,876,490 418 JOURNAL OF THE HOUSE, Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Education Extension Services Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total !$ 1,989,517 $ 3,933,780 $ 1,376,989 $ 117,578,655 $ 11,038,929 $ 59,040,970 $ 49,210,724 $ 253,861,493 $ 2,887,931 $ 2,827,763 $ 24,986,026 $ 3,044,746 $ 3,128,504 $ 24.818,573 $ 559,724,600 1,359,434 1,519,510 976,989 13,348,554 2,617,757 38,452,317 31,398,407 32,956,551 2,887,931 527,752 24,986,026 0 128,504 24,716,758 175,876,490 C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$ Personal Services.............................................................................! Operating Expenses........................................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................! 0 9,384,773 14.825.274 24,210,047 24,210,047 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............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................! 78,504,000 16,400,000 2,000,000 1,500,000 48,504,000 10.100,000 78,504,000 78,504,000 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..............................................................................................! Blueprint For Modernization........................................................! 106,998,485 58,941,444 5,434,457 1,366,540 251,386 421,189 14,270,790 2,855,447 2,867,510 1,071,300 3,422,795 0 2,404,350 3,721,810 15.154,832 THURSDAY, FEBRUARY 6, 1997 419 Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted.................... 112,183,850 3,845,000 106,998,485 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 Alcohol and Tobacco Total 6,986,179 11,260,392 27,443,346 16,294,072 8,027,629 18,562,372 7,959,879 4,705,324 3,910,990 43,700 4,481,118 2,508,849 112,183,850 6,986,179 11,110,392 26,428,146 16,154,072 7,727,629 17,262,372 7,959,879 3,164,959 3,810,990 43,700 3,841,318 2,508,849 106,998,485 Section 29. 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............... 28.545,910 17,914,428 3,491,536 242,000 87,050 119,190 2,621,110 2,462,246 939,859 1,283,356 485,000 29,645,775 28,545,910 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 3,867,144 4,748,551 4,518,188 4,371,524 1,159,699 437,541 10,446,875 96,253 29,645,775 3,837,144 4,673,551 3,748,188 4,351,524 1,159,699 382,676 10,296,875 96,253 28,545,910 B. Budget Unit: Real Estate Commission .........................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! 2.185.821 1,302,862 157,100 15,000 23,000 10,631 335,622 165,300 41,556 420 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted ............... Departmental Functional Budgets 134.750 2,185,821 2,185,821 State Funds Cost of Operations Real Estate Commission $ 2,185,821 $ 2,225,821 Section 30. 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....................................................................? 2,122.473 1,150,400 209,454 43,268 25,322 10,970 12,045 91,563 20,773 797,015 297,000 2,657,810 2,122,473 Section 31. 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....................................................................? 32,732,855 425,609 15,000 16,000 0 2,500 13,822 45,600 12,000 25,000 0 3,292,641 25,452,487 2,216,321 64,000 321,875 100,000 730,000 0 32,732,855 32,732,855 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education Commission Total ? 32,177,324 ? 555,531 ? 32,732,855 32,177,324 555,531 32,732,855 B. Budget Unit: Lottery for Education...................................... 161,118.161 THURSDAY, FEBRUARY 6, 1997 421 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................................................................! 75,213,784 21,277,807 14,498,583 37,325,387 567,000 235,600 10,000,000 2,000,000 161,118,161 161,118,161 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 .................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 4,130,000 4,895,407 423,900 20,500 0 16,150 877,791 475,958 146,000 371,000 3,750,000 380,000 11,356,706 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........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Salaries and Travel of Public Librarians ....................................$ Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library Maintenance and Operation...............................! Capital Outlay.................................................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Area School Program......................................................................! Adult Literacy Grants....................................................................! Regents Program.............................................................................! Quick Start Program......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 203,777.573 5,454,771 615,390 162,380 0 188,350 626,498 776,588 909,404 126,005 13,646,649 5,828,704 974,478 4,998,958 585,000 139,925,275 39,495,121 19,950,378 18,490,140 3,390,682 8.610.510 264,755,281 203,777,573 Departmental Functional Budgets Total Funds State Funds Administration 8,859,386 5,760,736 422 JOURNAL OF THE HOUSE, Institutional Programs Total 265,895,895 264,755,281 198,016,837 203,777,573 B. Budget Unit: Lottery for Bducation..............................................$ Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................! Capital Outlay - Technical Institute Satellite Facilities........................................................................$ Equipment-Technical Institutes ...................................................$ Repairs and Renovations - Technical Institutes.......................................................................................$ Assistive Technology Grants .........................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................! 91,965.507 1,000,000 46,311,349 38,859,158 5,295,000 500,000 91,965,507 91,965,507 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 ........................................................$ 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....................................................................! 542,528,959 253,505,942 57,020,469 1,970,840 2,000,000 6,577,626 3,929,287 1,337,073 2,743,320 41,559,264 780,007,661 1,024,100 1,267,500 9,933,053 700,000 400,000 1,163,976,135 542,528,959 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total ! 865,817,514 $ 241,935,601 $ 14,076,201 ! 24,775,579 ! 1,146,604,895 ! 265,475,477 ! 230,011,616 ! 13,516,201 $ 24,150,579 ! 533,153,873 General Funds Budget Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total 0 2,202,103 14,469,137 700,000 17,371,240 1,281,803 1,815,103 5,578,180 700,000 9,375,086 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service........... Personal Services........................................................ 20.318,189 5,095,669 THURSDAY, FEBRUARY 6, 1997 423 Regular Operating Expenses . Motor Vehicle Purchases ...............................................................$ Equipment................................................................................... ..! Computer Charges........ ...................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................? Operating Expense/Payments to Medical College of Georgia .....................................................................................$ Regular Operating Expenses for Projects and Insurance ......................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 147,282 80,629 0 114,855 10,881 248,700 62,200 13,896,381 7,595,980 773,180 28,025,757 20,318,189 Departmental Functional Budgets Total Funds State Funds Veterans Assistance Veterans Nursing Home-Augusta Total 20,026,930 7,998.827 28,025,757 14,655,556 5.662.633 20,318,189 Section 36. 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....................................................................! 10.702.701 8,666,608 372,074 76,840 0 17,252 247,479 1,079,835 207,613 225,000 0 10,892,701 10,702,701 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) ...................................................$ ! 539,748,451 35.000.000 574,748,451 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New)..................................................................$! Motor Fuel Tax Funds (New)..............................................................$! ! 44,792,560 0 44,792,560 Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations 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 424 JOURNAL OF THE HOUSE, 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 Automation 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 4, Department of Administra tive Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Section 40. 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. Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount Clayton County DeKalb County Appling County City of Ashburn Cobb County Athens/Clarke County Bibb County Haralson County City of Atlanta City of Augusta Bacon County City of Barnesville City of Augusta Recreational Equipment in Clayton County Operation of "Hot Zone Policing" Expenses Related to Capital Murder Trials Construction of Sports Facilities Preservation of the Hardy Pace House Operating Funds for the Safe Campus Now Program Roof Repairs at the Bibb County Community Action Agency Equip/Operate Haralson County Recreational Facilities Renovate and Equip the Jerico Road Project in Atlanta Land Purchase at Historical Ezekiel Harris House Renovate and Equip the Historic Courthouse Extension of Water Lines Operation of the Augusta $ 25,000 $ 10,000 $ 25,000 $ 25,000 $ 20,000 $ 40,000 $ 5,000 $ 15,000 $ 30,000 $ 50,000 $ 25,000 $ 12,500 THURSDAY, FEBRUARY 6, 1997 Berrien County Brantley County Brooks County City of Broxton Butts County City of Byromville City of Calhoun City of Camilla Worth County Candler County City of Centerville Charlton County 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 Board of Education Crisp County Board of Education DeKalb County City of Fort Oglethorpe City of Franklin Springs Franklin County 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 Rescue Equipment and Paint Rescue Truck Replant Trees Between Bryanwood and Talahi Island on Route 80 Improvements and Equipment for Multi-purpose Building Clayton County Board of Education Prevention Plus Program Improvements to the Fire Station Lights and Handicapped Access for the Collins Hill High School Athletic Fields Purchase Equipment and 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 Wastewater Treatment Facility Design Franklin County/Hart 425 $ 15,000 $ 50,000 $ 15,000 $ 50,000 $ 10,000 $ 25,000 $ 20,000 $ 25,000 $ 35,000 $ 25,000 $ 10,000 $ 50,000 $ 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 $ 45,000 426 Fulton County Board of Education Fulton County City of Garden City City of Girard City of Sardis City of Grayson Greene County Henry County Board 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 City of Lincolnton City of Lula City of Gainesville Lumpkin County JOURNAL OF THE HOUSE, County Airport Classrooms for Fulton County Board of of Education Operation of Center for Renewal of Democracy Improvements to Gymnasium and Stadium Renovations to Gymnasium Improvements to City of Sardis Equipment Furnishings for Community Senior Center Purchase and Installation of chain link fence for Greene County Airport Construction of a Fine Arts Building Operation of the Museum of Aviation Athletic Field Fencing for Houston County High School Erection of Monument Renovation of Elementary School Restroom and Rose Bowl Field Administrative Cost and Legal Fees for Jeff Davis Hospital Authority Renovations to Jeff Davis County Extension Service and Annex and Law Enforcement Center Improvements to Jenkins County Development Authority Facilities and Improvements to Jenkins County High School Football Stadium Renovations to Heating System for Community Center Renovation/Restoration of the Beach Institute Building Purchase Equipment for City of LaGrange/Troup County Recreation Commission Improvements to Park and Recreation Facilities Plan/Construct Livestock Pavillion and Arena Renovations and Heating, Ventilation and Air Conditioning Addition for Facility Purchase of Patrol Car Correction to Flood Control Problem Renovations to Old City Hall Building Operation of a Gainesville Community Facility Construction of Animal Shelter $ 5,000 $ 60,000 $ 25,000 $ 8,000 $ 7,500 $ 7,500 $ 25,000 $ 40,000 $ 12,500 $ 175,000 $ 10,000 $ 2,500 $ 40,000 $ 15,000 $ 15,000 $ 50,000 $ 4,250 $ 20,000 $ 10,000 $ 20,000 $ 12,500 $ 10,000 $ 18,000 $ 12,000 $ 20,000 $ 10,000 $ 10,000 THURSDAY, FEBRUARY 6, 1997 City of Lyerly Macon County Madison County Meriwether County Meriwether County City of Monroe Muscogee County Muscogee County Muscogee County City of Dalton Oconee Regional Library City of Odum City of Screven 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 Gwinnett County Board Upgrade Water System Purchase Equipment for Macon County Local Emergency Planning Commission Provide for Infrastructure Study of Water and Sewer Systems Renovate Old Greenville Railroad Depot Creation of Recreation Department 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 Purchase Fire Equipment To Repair Facilities Extension of Water Line to New Oglethorpe County Elementary School Planning and Restoration of Old Governor's Mansion For Operations of the Peach County Chamber of Commerce Provide External Security Lighting for Pebblebrook High School Operating Expenses for BRIDGE Program Perry-Houston County Airport Authority Terminal and Hangar 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 Sewer System Construction of Community Center Purchase 36-passenger Bus for Senior Connections Construct Athletic Stadium at Shiloh High School in Gwinnett County Repairs, Construction and Equipment for South Cobb High School Recreation Equipment for Suwanee 427 $ 30,000 $ 10,500 $ 30,000 $ 10,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 $ 10,000 $ 40,000 $ 25,000 $ 5,000 $ 5,000 $ 12,000 $ 75,000 $ 15,000 $ 30,000 $ 15,000 $ 50,000 $ 15,000 $ 10,000 $ 15,000 $ 75,000 $ 10,000 $ 20,000 $ 62,000 $ 25,000 $ 35,000 428 of Education City of Swainsboro Talbot County Board of Education Telfair County Telfair County Towns County Twiggs County Board of Education City of Tybee Island Valdosta City Schools 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 City of Pelham City of Atlanta JOURNAL OF THE HOUSE, Elementary and Lanier Middle Schools 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 Improvements to Flossie Hayes Park and Trippe Gymnasium Equipment Purchases for Ware County School System Promotion Expenses for WaycrossWare 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 Construct and Equip Multipurpose recreation Complex Enhancements to Echols County Board of Education Campuses Construction and Renovation at Varner 4-H Center Purchase an Equipped Rescue Vehicle Improvements to Water and Sewer System Operation of Public Access and $ 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 $ 30,000 $ 35,000 City of Tallapoosa City of Bremen City of Cave Spring Fulton County Dade County Fulton County Twiggs County Board of Education Gwinnett County Hall County Richmond County Richmond County Cobb County City of Rockmart City of Aragon City of Cedartown Coweta County Treutlen County Hancock County City of Social Circle DeKalb County DeKalb County DeKalb County DeKalb County Screvens County Board of Education Jenkins County Board of Education City of Plains Peach County City of Montezuma Chatham County THURSDAY, FEBRUARY 6, 1997 Teacher Preparation Programs at Clark Atlanta University Equip/Operate Recreational Facilities Equip/Operate Recreational Facilities Improvements for Rolator Park Operation of Fulton County Drug Program Renovation to Middle School Gymnasium Landscaping along Fulton Idustrial Boulevard at Interstate 20 Lights and Bleachers for Twiggs County High School Football Field Roof Repairs at Creative Enterprises Operation of Temporary Welcome Center Lights for Richmond County Little League Field Operation of the Richmond County Boxing Club Expansion of the Marietta/Cobb YWCA Battered Women's Shelter Renovation of Rockmart Recreation Complex Equipment/Operations of Recreational Facilities Equipment/Operation of Recreational Facilities Construction of Youth Athletic Complex Construction of Recreation Field House Equipment for Volunteer Fire Department Renovation of Gunter Hall in Social Circle Repairs to Pine Lake Dike Operation of the Soapstone Arts Center Operate the South DeKalb Business Incubator Lighting for East Lake Neighbors For Technology Equipment at the Screvens County School System Recreational Equipment for the Jenkins County School System Fire Equipment for the City of Plains To Purchase Welcome Signs for Peach County Paving for Blanks Civic Complex Restoration and Renovation of Building for Con-Ed., Inc. 429 $ 250,000 $ 15,000 $ 15,000 $ 40,000 $ 48,000 $ 20,000 $ 50,000 $ 50,000 $ 50,000 $ 5,000 $ 20,000 $ 10,000 $ 20,000 $ 50,000 $ 10,000 $ 15,000 $ 35,000 $ 35,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 25,000 $ 7,000 $ 10,000 $ 8,145 $ 50,000 $ 10,000 430 Chatham County Chatham County Mclntosh County Board of Education Long County City of Greenville Hart County City of Cave Springs Lumpkin County Lumpkin County Board of Education Bleckley County City of Pelham City of Ellijay Fannin County City of Douglas Coffee County City of Atlanta Clayton County Pulaski County City of Riverdale City of Morrow City of Forest Park DeKalb County DeKalb County City of Americus City of Albany Quitman County DeKalb County Lowdnes County Board of Education City of Valdosta City of Sardis City of Keysville JOURNAL OF THE HOUSE, Operation of Chatham County Rape Crisis Center Renovation/Construction of the Savannah Lucas Theatre Purchase Bleachers for Mclntosh County School System Purchase of Land for Long County Park Construction of Greenville Railroad Depot Operation of Hart County Parks Operation of Crossroads Program for Georgia School for the Deaf Construction Veterans Park and Monument Equipment Purchases for Lumpkin County High School Construction/Renovation of Courthouse For Lighting at the Pelham Livestock Complex Renovation/Construction for Vocational Transitions, Inc. Purchase Rescue Equipment To Construct Softball/Soccer Complex For Computer Programming at the Coffee County Health Department Litter Abatement Improvements to Rex Athletic Field Establish a Recreation Facility in Pulaski County Improvements to Riverdale Recreational Facilities Improvements to Morrow Recreational Facilities Park Improvements in Forest Park Operation of Violence Prevention Program Operation of the Winning Circle Program Operation of Cultural Arts Program Accessible Van for Slater King Adult Day Center Renovations for the Quitman County Courthouse Equipment for Initiative for Children and Families Vocational Equipment for Lowndes County High School To Construct Valdosta Historic Monument Equipment/Operations for City of Sardis Repairs to City Hall and City Van $ 10,000 $ 35,000 $ 35,000 $ 25,000 $ 50,000 $ 25,000 $ 50,000 $ 15,000 $ 15,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 $ 75,000 $ 50,000 $ 15,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 30,000 $ 25,000 $ 15,000 $ 10,000 $ 20,000 $ 15,000 $ 10,000 THURSDAY, FEBRUARY 6, 1997 Glynn County Farmin County Irwin County Seminole County Board of Education DeKalb County City of Milledgeville DeKalb County City of Chamblee Augusta/Richmond County Chatham County Chatham County Bibb County Houston County Development Authority Newton County City of Vidalia City of Lyons Wheeler County Fulton County Board of Education City of Adel City of Nashville Cook County Putnam County Greene County City of Eatonton City of Cochran City of Duluth City of Duluth City of Eastman Augusta-Richmond County City of Kingston Ware County Board To Provide for Project SHARE For Operation of Georgia Mountain Health Services Construction of FFA Livestock Show Barn Construction of Greenhouse for Seminole High School Equipment/Operation of Fernbank Museum Historical Museum Restorations Operation of Juvenile Court Truancy Program Law Enforcement Radio Equipment Operation of Community-Based Organizations Development of Ralph Mark Gilbert Museum Operation of Savannah Tourism Network Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia Construction of Warner Robins Engineering Facility Purchase of Land for Economic Development and Site Preparation Renovations to Recreation Facilities Renovations to Recreation Facilities Renovations to Recreations Facilities Construction and Equipment for Outdoor Science Classroom at Dolvin Elementary Roof Repairs to City Hall Replacement Lights for Courthouse Grounds Construction of EMS Building Purchase Bleachers for Putnam County Recreation Authority Fencing for Greene County Regional Airport Renovations and Repairs to Recreation Complex Heating and Air Conditioning System for City Auditorium Construction of Ball Fields Construction of Pavilion Improvements/Equipment for Eastman-Dodge Recreation Facilities Operation of the Augusta Area Genealogical Society Equip and Renovate Recreation Facility Equipment for Baseball Field and 431 $ 20,000 $ 37,440 $ 25,000 $ 40,000 $ 75,000 $ 10,000 $ 40,000 $ 7,500 $ 50,000 $ 20,000 $ 10,000 $ 2,000,000 $ 3,000,000 $ 7,100,000 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 15,000 $ 20,000 $ 35,000 $ 15,000 $ 15,000 $ 15,000 $ 35,000 $ 20,000 $ 20,000 $ 25,000 $ 35,000 $ 25,000 432 of Education Ware County Board of Education City of Waycross City of Port Wentworth Fulton County City of Hawkinsville Dooly County City of Valdosta Stewart County Quitman County City of Cuthbert City of Dawson Terrell County Columbia County Board of Education Columbia County Board of Commissioners City of Sycamore City of Warwick City of Leesburg Wilcox County Warren County Macon County Stephens County Stephens County Board of Education Jasper County Board of Education Jones County City of Grayson Screven County City of Sandersville Lincoln County Wilkes County Elbert County Board of Education Wayne County Long County JOURNAL OF THE HOUSE, Tennis Courts Improvements to Athletic Grounds at Manor Magnet School Area Tourism Promotion in Waycross and Ware and Pierce Counties Relocation of Ball Park Renovations to Williams-Payne House Repairs to Library Purchase Land for Government Complex Expansions to Food Bank Purchase Transport Bus for Stewart-Webster Rural Health Service Repairs to Old Courthouse Renovations to Library Expansion and Improvements to Airport Facilities Planning and Design for Renovation of Courthouse Renovations to Football Stadium at Lakeside High School Construction of Fields for the Martinez-Evans County Little League Improvements to Water System Purchase Vehicle for Police Department Repair and Replace Sidewalks Relocation of School Bus Shop Equipment for DFACS Facility Construction of a Parking and Reading Park at the Macon County Library Study Commission for a Consolidation Feasibility Study Provide Health Services for the Stephens County School System Renovations to Washington Park Elementary School Repairs to Fire Station and Fire Truck Operation of Outdoor Facilities at the Senior Citizens Center Equipment for Community Services and Senior Citizens Center Repairs to the National Guard Armory Equipment for the Historical Society Renovations to Wilkes County Airport Renovations and Equipment for Falling Creek Elementary Courthouse Repairs Courthouse Repairs $ 30,000 $ 10,000 $ 7,000 $ 25,000 $ 15,000 $ 15,000 $ 50,000 $ 40,000 $ 25,000 $ 20,000 $ 10,000 $ 25,000 $ 50,000 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 12,000 $ 50,000 $ 25,000 $ 50,000 $ 15,000 $ 25,000 $ 40,000 $ 25,000 $ 62,000 $ 41,000 $ 50,000 $ 15,000 $ 25,000 $ 5,000 $ 30,000 $ 20,000 THURSDAY, FEBRUARY 6, 1997 Chatham County Baldwin County Baldwin County Truelten County Board of Education City of Kite Emanuel County Chatham County City of Savannah City of Summerville Seminole County Board of Education Miller County Bibb County Bibb County City of Byron Crawford County Board of Education Doughtery County Gainesville Board of Education City of Doerun City of Sale City City of Funston Lanier County Board of Education Lowndes County City of Americus City of Chickamauga Walker County Catoosa County City of Fort Oglethorpe Morgan County City of Atlanta Firing Range for the Criminal Justice Training Center at Armstrong Atlantic State University Operation of Council on Substance Abuse Operating Expenses Improvements to High School Athletic Complex Improvements to Recreation Complex Construction of Alternative Farmers Market Center Renovations to Coastal Heritage Society/Historic Railroad Shops Construction of Alternate Emergency Access Route Repairs to Sewage System Construction of Pavilion and Bleachers at Seminole County High School Purchase Fire Truck Operation of Harriett Tubman Museum Operation/Renovation of the Macon Little League Construction of Well and Water Tank for Byron Development Authority Improvements to Football Fields and Gymnasium Roof Repairs to Patrol Post Renovations to Gainesville High School Baseball Field Improvements to Walking Track, Tennis Courts and Field Complex Renovations to Community Center Purchase Fire Truck Construct and Equip Football Facility Purchase Land for Moody Air Force Base Construction of Firefighters Training Site Renovations to the Recreation Department Walking Track and Softball Facilities Renovation of Walker, Catoosa, Chatooga and Dade Family Violence Center Battered Women's Shelter Construct and Renovate Athletic Fields for Rock Spring Athletic Association Renovations to Downtown Projects Operation of the Northeast Georgia Wellness Program Operation of Juvenile Delinquency 433 $ 40,000 $ 20,000 $ 20,000 $ 20,000 $ 5,000 $ 25,000 $ 25,000 $ 25,000 $ 50,000 $ 10,000 $ 15,000 $ 50,000 $ 15,000 $ 50,000 $ 25,000 $ 46,000 $ 15,000 $ 12,500 $ 12,500 $ 20,000 $ 50,000 $ 75,000 $ 20,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000 $ 20,000 434 Thomas County City of Woodbury Richmond County Board of Education Bibb County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Talbot County Columbus/Muscogee County Columbus/Muscogee County City of Yorktown Fulton County City of Cave Spring Bibb County City of Midway Clayton County City of Forest Park City of Morrow City of Perry City of Warner Robins Fulton County Fulton County Gwinnett County Board of Education Clayton County Telfair County Board of Education City of Bowersville JOURNAL OF THE HOUSE, Prevention Operation of Murphy-Harps-Vashti Chilren's Home Purchase Land for Industrial Park Improvements to Equipment Room and Field House at Westside High School Preservation of the Hay House Operation of the Springer Opera House Operation of Two Thousand Opportunities Inc. Operation and Renovation of Library Theater Operation of the After School Program Operate and Equip the Columbus Community Center Operation of Project STARS Operation of the Summer Tutorial Program for Combined Communities of S.E. Columbus Operation of the Play and Learn Together Program Construct a Youth and Recreational Facility Operations of Opportunities Industrialization Centers Renovations to Facilities For Detoxification Center Operations Restoration of Buildings and Grounds at Dorchester Center Operation of Calvary Refuge Transitional Shelter Improvements to Parks and Recreational Facilities Operation of DARE and Neighborhood Watch Hangar Improvements for Perry-Houston County Airport Construction of Warner Robins American Little League Playing Fields Operation/Equipment for the Cascade Youth Association Repairs and Renovations for the Southwest District YMCA Renovations to North Gwinnett Football and Softball Field Biking and Hiking Trail Improvements at Jester's Creel Trail Purchase Band Uniforms Purchase Equipment for City Water Project $ 50,000 $ 40,000 $ 50,000 10,000 $ 50,000 50,000 $ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 15,000 $ 15,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 60,000 $ 15,000 $ 25,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 10,000 THURSDAY, FEBRUARY 6, 1997 City of Hartwell City of Canon City of Thunderbolt Chatham County Chatham County Rabun County Board of Education Towns County Burke County City of Girard City of Midville City of Keysville Jeff Davis County City of Scotland Jeff Davis Board of Education Wayne County City of Hazelhurst Appling County Oconee Regional Library City of East Dublin Bibb County Bibb County Board of Education Lamar County Bacon County City of Alma Brantley County Pierce County Charlton County Bacon County City of Carrollton City of Brunswick Mclntosh County Renovation of Law Enforcement Services Building Renovation and Equipment for the Community Center Building and City Park Improvements to W.E. Honey Memorial Park Operation of the Martin DePorres Society Design of Runaway Point Neighborhood Park Purchase Land for Rabun County School System Purchase Fire Truck and Equipment Implementation of Phase II of the CSRA Enterprise Communities and for Operation of an At-risk Middle School Renovations to Gym Area Implementation of Phase II of the CSRA Enterprise Community Plan Implementation of Phase II of the CSRA Enterprise Community Plan Fire Protection Assistance City Improvements Purchase Band Uniforms Expansion of Fire Station Historic Preservation Assistance Historic Preservation Assistance Renovations to Library Expansion to Water and Sewage System Improvements to the Museum of Arts and Sciences Implementation of the "Core Knowledge" Program in the Bibb County School System Construction of Livestock Facility Building Operation of the Alma/Bacon County Department of Inter-Governmental Relations Equipment and City Hall Renovations Equipment for the Brantley County Volunteer Fire Department Equipment for the Pierce County Volunteer Fire Department Equipment for the Charlton County Volunteer Fire Department Equipment for the Bacon County Volunteer Fire Department Expansion of the East Carroll Park Recreation Area Equipment for Dixville Playground Swimming Pool and Bathhouse for the Mclntosh County Recreation 435 $ 30,000 $ 10,000 $ 25,000 $ 10,000 $ 15,000 $ 45,000 $ 30,000 $ 10,000 $ 15,000 $ 10,000 $ 15,000 $ 25,000 $ 10,000 $ 5,000 $ 5,000 $ 25,000 $ 5,000 $ 35,000 $ 25,000 $ 30,000 $ 20,000 $ 75,000 $ 45,000 $ 10,000 $ 10,000 $ 4,000 $ 2,000 $ 4,000 $ 50,000 $ 20,000 436 JOURNAL OF THE HOUSE, City of Atlanta Columbus/Muscogee County Haralson County Polk County Paulding County Berrien County Department Operation of Recreation Program Operation of the Easter Seal Program Operating Expenses for Recreation Department Operating Expenses for Recreation Department Operating Expenses for Recreation Department Addition to Agriculture Building for Livestock Show $ 30,000 $ 50,000 $ 25,000 $ 45,000 $ 15,000 $ 15,000 $ 5,000 Section 41. Provisions Relative to Section 11, State Board of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,837.30. 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 42. Provisions Relative to Section 12, Employees' Retirement System. There is included in this appropriations bill funding for H.B. 244, H.B. 590, H.B. 679, H.B. 743, H.B. 852, and H.B. 1046. Section 43. 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 standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 235 $ 155 2 356 235 3 424 280 4 500 330 5 573 378 6 621 410 7 672 444 8 713 470 9 751 496 10 804 530 11 860 568 Provided, 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 transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal THURSDAY, FEBRUARY 6, 1997 437 to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44. 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 appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Care 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. Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $182.10 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 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 arrangement; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. Section 46. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. 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. It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems. Section 47. Provisions Relative to Section 27, Board of Regents, University System of Georgia. Provided, that of the appropriation for the Board of Regents, $750,000 is designated and committed for an eminent scholar for the Mercer University Engineering School. Section 48. Provisions Relative to Section 32, Teachers' Retirement Sys tem. There is included in this appropriations bill funding for H.B. 691, H.B. 977, H.B. 586, and H.B. 1025. Section 49. 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 institutions. 438 JOURNAL OF THE HOUSE, Section 50. 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 Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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 separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) 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 obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 51. 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 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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 52. 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 service contracts, overtime payments, training and other expenses related to security operations by those State agencies for the 1996 Olympic Games. The Office of Planning and THURSDAY, FEBRUARY 6, 1997 439 Budget is hereby authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 53. 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. 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 54. 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 55. 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 56. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 58. (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 440 JOURNAL OF THE HOUSE, initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 59. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 60. 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 61. 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 purposes listed thereby. A.) Maturities not to exceed two hundred forty months. Principal Amount Debt Service Regular entitlements for 12 school systems Regular advanced funding for 13 school systems Incentive advanced funding for four school systems Balance of the F.Y. 1997 incentive advanced funding for four systems $ 27,420,000 $ 2,440,380 33,115,000 2,947,235 16,300,000 1,450,700 21,000,00 1,869,000 THURSDAY, FEBRUARY 6, 1997 Student services building and health education classrooms at Macon College Phase II of manufacturing related disciplines complex at Georgia Tech Student service/physical education building at Waycross College Music education building at Clayton College and State University Renovations and addition to Walker Hall Classroom Building and Dublin Center at Middle Georgia College Physical education facility at Columbus State University Student center at Atlanta Metropolitan College Flood recovery at Albany State University Phase II of a central utility plant at Augusta State University Renovation of Building C at DeKalb College Renovation of Herty Hall at Georgia College and State University Renovation of Payne Hall at Savannah State University Rock Eagle sewage and water system improvements Addition to a maintenance building at Clayton College and State University Renovation of the science/math building at Dalton College Renovation of the old science building for the School of Nursing at Kennesaw State University Renovation of the Dugas Building for a pediatrics lab at Medical College of Georgia Oceanographic vessel for Skidaway Institute of Oceanography Retrofit a library ventilation system at the University of Georgia Special Education, speech/language pathology building at Valdosta State University Old Capitol Building renovations at Georgia Military College North Campus parking deck at the University of Georgia Repairs and renovations program at various Department of Technical and Adult Education facilities Low interest loans to local governments for water, sewer and wastewater treatment projects Sewerage system at Georgia Veterans State Park Extension of Berth 13 and related infrastructure at Ocean Terminal 8,755,000 27,260,000 6,060,000 4,305,000 7,885,000 13,305,000 5,815,000 2,000,000 4,975,000 1,100,000 4,800,000 1,750,000 1,200,000 655,000 4,965,000 3,380,000 4,585,000 1,700,000 4,200,000 3,300,000 4,500,000 10,000,000 9,000,000 20,000,000 250,000 8,700,000 441 779,195 2,426,140 539,340 383,145 701,765 1,184,145 517,535 178,000 442,775 97,900 427,200 155,750 106,800 58,295 441,885 300,820 408,065 151,300 373,800 293,700 400,500 890,000 801,000 1,780,000 22,250 774,300 442 JOURNAL OF THE HOUSE, Steel framed transit shed adjacent to Berth 13 Two container cranes for Container Birth 7 at Garden City Terminal Renovation of the pilot plant and research facilities at the Food Science and Technology Building at the University of Georgia New Industry Interface Building at the University of Georgia Structural upgrades to Category I dams Governor's Road Improvement Program Dike construction/improvements for the Savannah Harbor New 150-bed YDC in Sumter County Major construction and renovation projects at Department of Human Resources' facilities Morgue/autopsy facility adjacent to the Macon Branch Crime Lab Replacement laboratory building for the Columbus Branch Crime Lab Minor construction projects at various prisons Department of Corrections' food distribution unit and farm projects Design and construction of a training facility for the Department of Children and Youth Services at the Public Safety Training Center Replacement building for the Athens Veterinary Diagnostic Laboratory Improvements to the Atlanta Farmer's Market Renovation of all floors and major mechanical systems at 244 Washington Street Americans with Disabilities Act modifications Continue renovations at the State Capitol Rail Acquisition Land acquisition, renovations and landscaping at the Georgia Agricultural Exposition Authority Learning resources Center classrooms at East Georgia College Continuing Education and Cooperative Extension Facility at Georgia Southern University B.) Maturities not to exceed sixty months. Equipment for the Department of Technical and Adult Education facilities Improvements at state visitor information centers Equipment for the conference center at 5,790,000 13,300,000 1,900,000 300,000 1,495,000 125,000,000 3,200,000 14,200,000 2,005,000 645,000 3,285,000 2,500,000 480,000 1,540,000 6,000,000 2,000,000 4,550,000 3,000,000 2,500,000 2,500,000 1,700,000 4,900,000 3,100,000 1,905,000 500,000 515,310 I,183,700 169,100 26,700 133,055 II,125,000 284,800 1,263,800 178,445 57,405 292,365 222,500 42,720 137,060 534,000 178,000 404,950 267,000 222,500 222,500 151,300 436,100 275,900 440,055 115,500 THURSDAY, FEBRUARY 6, 1997 443 Georgia Veterans State Park State match for the Sapelo Island lighthouse renovation and for Brasstown Trek construction Repair and renovation projects at the Department of Children and Youth Services Various Department of Children and Youth projects including: $1,520,000 for safety and regulatory requirements; $4,590,000 for HVAC systems; $345,000 for floor coverings; and $265,000 for miscellaneous projects Security projects at various prisons Repairs at the Fire Academy Burn Building 285,000 150,000 1,605,000 65,835 34,650 370,755 6,720,000 1,935,000 430,000 1,552,320 446,985 99,330 Section 62. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 $ 11,793,346,344 Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 34, 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 34 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute. The following amendment was read: Representative Evans of the 28th moves to amend the Committee substitute to HB 34 by removing from State funds for the Department of Communtiy Affairs, Section 8, relating to State Fiscal Year 1997 the figure $3,818,000 and by decreasing the object classes as listed below: Object Classes Local Assistance Grants $ (3,818,000) Total Funds Federal/Other State Funds $ (3,818,000) $ (3,818,000) 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 Barnard Barnes N Bates Benefield N Birdsong Y Bohannon N Bordeaux N Bradford 444 JOURNAL OF THE HOUSE, N Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter NByrd Y Campbell N Canty N Carter YCash N Channel] N Childers Y Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper E Crawford E Crews N Culbreth N Cununings N Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G YDU N Diion, H N Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett N Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard NHecht N Heckstall N Hegstrom NHenson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis Lord N Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey N McBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham NParrish N Parsons N Pelote N Perry Y Pinholster Poag NPolak Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R On the adoption of the amendment, the ayes were 52, nays 118. The amendment was lost. N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman N Titus N Tolbert YTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J Williams, R Y Worthan Y Yates Murphy, Spkr The following amendment was read: Representative Smith of the 19th moves to amend the Committee substitute to HB 34 by removing from total funds for the Department of Human Resources Budget Unit - Departmental Operations, Section 16, relating to State Fiscal Year 1997, the figure $11,100,000 and by decreasing the object class as listed below: Object Classes Cash Benefits $ (11,100,000) Total Funds Federal Funds State Funds $ (11,100,000) $ (11,100,000) $ -0- 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 Barnard Barnes N Bates N Benefield N Birdsong Y Bohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter NByrd Y Campbell N Canty N Carter YCash N Channell N Childers Y Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper E Crawford E Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G NDii N Diion, H N Diion, S N Dobbs N Dukes YEhrhart NEpps Y Evans Y Everett N Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland THURSDAY, FEBRUARY 6, 1997 445 N Holmes N Howard YHudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James NJamieson NJenkins N Johnson YJohnston N Jones Y Joyce YKaye Y Ladd YLakly N Lane N Lee N Lewis Lord N Lucas NMaddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCaU N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry Y Pinholster N Poag N Polak N Ponder N Porter N Powell N PurceU N Ragas N Randall N Ray N Reaves N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N SherriU N Shipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Tolbert N Trense N Tumquest N Twiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Williams, B Y Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 52, nays 120. The amendment was lost. The following amendment was read and ruled not germane: Representatives Ehrhart of the 36th, Irvin of the 45th, Stancil of the 16th and Evans of the 28th move to amend the Committee substitute to HB 34 by adding for the Employees' Retirement System, Section 42, after line 2125 on page 48 the following: "The Employees' Retirement System shall seek to determine ways that would preclude the retirement of persons from positions created or filled for the apparent purpose of abolishing said position so as to permit "involuntary separation". The results of said determination shall be reported to the General Assembly no later than December 31, 1997." The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien YAnderson YAshe Y Bailey Y Baker N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove N Bridges Y Brooks N Brown Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford E Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion, H Y Dixon, j3 Y Dobbs Y Dukes N Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce N Kaye N Ladd N Lakly Y Lane Y Lee Y Lewis Y Lord Lucas Y Maddoi N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley 446 JOURNAL OF THE HOUSE, Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry NPinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Rages Y Randall Y Ray Y Reaves Y Reichert N Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F N StancU, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L N Walker, RL Y West N Westmorland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 146, nays 30. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Lucas of the 124th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. I voted "no" on the S.F.Y. 1997 bill because it continues to spend taxpayer's dollars far beyond the original reasons a supplemental budget was first implement. The supplemental budget was originally put in place to handle any emergencies and deal with the mid-year term adjustment for proper funding of the public schools. The governor recommended 0 dollars in the area of bond debt; however, this bill adds $481,700,000.00 in bond debt. The governor recommended "paying off over $200,000,000.00 in bond debt, but this bill reduces the early payoff amount by almost $50,000,000.00; therefore, increasing the amount of debt service taxpayers will owe. The governor recommended a good budget, but when it came out of the House Appropriations Committee the bond debt grew almost half a billion dollars, and the pork section included funding for local projects granted in a discriminatory fashion. The availability of these state dollars (taxpayers) are only for "certain" members of house and they are not granted in a fair-non-discriminatory fashion. My "no" vote is to send this bill back to committee and perfect it, so it works on the taxpayer's behalf and interest. This bill also includes an unexpected $900,000.00 more taxpayer's dollars spent towards the Olympics. The Olympics committee made money and should be responsible for this amount, not Ga. taxpayers. /s/ James Mills State House District 21 Representative Snow of the 2nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 287. Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. FRIDAY, FEBRUARY 7, 1997 447 Representative Hall, Atlanta, Georgia Friday, February 7, 1997 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend William David Blalock, Pastor, Bainbridge First United Methodist Church, Bainbridge, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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 introduced, read the first time and referred to the committees: HB 471. By Representatives Dixon of the 150th, Sherrill of the 62nd, Irvin of the 45th and Lewis of the 14th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the official tartan of the State of Georgia. Referred to the Committee on State Planning & Community Affairs. HB 472. By Representatives Mobley of the 69th, Randall of the 127th and Hegstrom of the 66th: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for a right of action for sexual harassment. Referred to the Committee on Special Judiciary. 448 JOURNAL OF THE HOUSE, HB 473. By Representative Mobley of the 69th: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to change the residence requirements for filing a petition for divorce. Referred to the Committee on Judiciary. HB 474. By Representatives Mobley of the 69th, Taylor of the 134th, Turnquest of the 73rd, Teague of the 58th, Ragas of the 64th and others: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require hair nets or restraints for certain persons who handle food in food service establishments. Referred to the Committee on Agriculture & Consumer Affairs. HB 475. By Representatives Mobley of the 69th and Hegstrom of the 66th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for state certification of professional midwives. Referred to the Committee on Health & Ecology. HB 476. By Representatives Parham of the 122nd and Parrish of the 144th: 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 supplemental pharmaceutical rebates. Referred to the Committee on Health & Ecology. HB 477. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that employees of the Georgia Lottery Corporation may elect not to be members of such system. Referred to the Committee on Retirement. HB 478. By Representative Harbin of the 113th: A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide that in certain circumstances a mortgage lender who fails to pay the insurance premium when required to do so on a mortgaged house is liable for any insurance claims or reinstatement fees or other similar charges. Referred to the Committee on Banks & Banking. HB 479. 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, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax assessments; to lower the amount upon which the commissioner may require payment through electronic funds transfer. Referred to the Committee on Ways & Means. FRIDAY, FEBRUARY 7, 1997 449 HB 480. By Representatives Mobley of the 69th and Ragas of the 64th: 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 481. By Representative Bridges of the 9th: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-128, so as to provide that Code Sections 16-11-126 through 16-11-128 shall not apply to or affect official court reporters of the superior courts. Referred to the Committee on Judiciary. HB 482. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain officials, so as to delete the reference to a salary for the state revenue commissioner; to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to the office of the state revenue commissioner, so as to provide that the salary of the state revenue commissioner shall be determined by the Governor. Referred to the Committee on Appropriations. HB 483. By Representative Harbin of the 113th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the qualifications for eligibility as an engineer or land surveyor in training; to change the requirements for eligibility for registration as a professional engineer or land surveyor. Referred to the Committee on Industry. HB 484. By Representatives Bunn of the 74th, Mueller of the 152nd, Johnston of the 81st, Bohannon of the 139th, Kaye of the 37th and others: A bill to amend Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses involving bombs, explosives, and chemical and biological weapons, so as to change certain provisions relating to manufacturing, transporting, distributing, possessing with intent to distribute, and offering to distribute a destructive device. Referred to the Committee on Special Judiciary. HB 485. By Representatives Bunn of the 74th, Westmorland of the 104th, Mueller of the 152nd, Johnston of the 81st, Kaye of the 37th and others: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the definition of the crime of arson in the first degree. Referred to the Committee on Special Judiciary. 450 JOURNAL OF THE HOUSE, HB 486. By Representatives Scheid of the 17th, Westmorland of the 104th and Williams of the 83rd: 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 attendance of school, so as to provide for special diplomas for home schooled students. Referred to the Committee on Education. HB 487. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the state revenue commissioner to promulgate certain rules and regulations; to authorize the state revenue commissioner to enter into certain agreements; to change provisions regarding the issuance of license plates for government vehicles. Referred to the Committee on Motor Vehicles. HB 488. By Representatives Stallings of the 100th, West of the 101st and Barnard of the 154th: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide qualified immunity from liability for city and county volunteers who perform functions for a city's or county's parks and recreation department. Referred to the Committee on Judiciary. HB 489. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties. Referred to the Committee on State Planning & Community Affairs. HB 490. By Representatives Royal of the 164th, Walker of the 141st and Reichert of the 126th: 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 provide for additional notice requirements. Referred to the Committee on State Planning & Community Affairs. HB 491. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions regarding legislative intent; to provide for the development and adoption of a local government uniform chart of accounts; to provide for the reporting of data relating to local government service delivery and policies. Referred to the Committee on State Planning & Community Affairs. FRIDAY, FEBRUARY 7, 1997 451 HB 492. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for the expenditure of proceeds from certain insurance premium taxes received by counties. Referred to the Committee on State Planning & Community Affairs. HB 493. By Representative Shaw of the 176th: A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, 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 insurance fraud. Referred to the Committee on Insurance. HB 494. By Representatives Orrock of the 56th, Childers of the 13th and Hugley of the 133rd: 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. Referred to the Committee on Industrial Relations. HB 495. By Representatives Smith of the 175th, Harbin of the 113th, Williams of the 114th, Birdsong of the 123rd and McBee of the 88th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia and related matters, so as to provide that any tax commissioner, tax collector, or tax receiver may retire under such retirement system when the total of such member's age added to his or her years of creditable service equals 75. Referred to the Committee on Retirement. HB 496. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization to the department to lease state property to a private vendor selected to operate a program on behalf of the department on state-owned property. Referred to the Committee on Children and Youth. HB 497. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization for the department to compensate employees for damage to apparel under certain circumstances. Referred to the Committee on Children and Youth. 452 JOURNAL OF THE HOUSE, HB 498. By Representatives Smith of the 169th, Byrd of the 170th, Mosley of the 171st, Dixon of the 168th, Crews of the 78th and others: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define a certain term; to provide that no state agency may expend state funds in any manner which assists, supports, or encourages certain activities. Referred to the Intra-Governmental Coordination. HB 499. By Representatives Hanner of the 159th, Coleman of the 142nd, Parrish of the 144th, Barnes of the 33rd, Lane of the 146th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to special paralympic license plates, to provide for issuance of special license plates honoring and supporting disabled athletes. Referred to the Committee on Motor Vehicles. HB 500. By Representatives Stanley of the 50th, Stanley of the 49th, Davis of the 48th, Mobley of the 69th, McKinney of the 51st and others: A bill to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, so as to provide that no municipality shall permit the location of certain retail liquor stores within 500 feet of another such store. Referred to the Committee on Regulated Beverages. HB 501. By Representatives Stanley of the 50th, Stanley of the 49th, Carter of the 166th, Mobley of the 69th and Teague of the 58th: A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, so as to require notice of such transfer to certain persons. Referred to the Committee on Ways & Means. HB 502. By Representatives Stallings of the 100th, Holland of the 157th and West of the 101st: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to state legislative findings; to create the Commission on Political Campaign Advertising. Referred to the Committee on Rules. HB 503. By Representatives Bannister of the 77th, Johnson of the 84th, Breedlove of the 85th, Coleman of the 80th, Dix of the 76th and others: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit. Referred to the Committee on State Planning & Community Affairs - Local. FRIDAY, FEBRUARY 7, 1997 453 HB 504. By Representatives Holland of the 157th, Hudson of the 156th, Floyd of the 138th, Royal of the 164th, Epps of the 131st and others: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed counties. This is to serve notice that I will move to engross the attached bill (HB 504). M Ray Holland - 157th Referred to the Committee on Ways & Means. HB 505. By Representatives Snow of the 2nd, Byrd of the 170th, Burkhalter of the 41st, Anderson of the 116th and Rogers of the 20th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to provide specific license requirements; to provide for accountability for the work performed by contractors, installers, and inspectors. Referred to the Committee on Industry. HR 245. By Representatives Smith of the 102nd, Epps of the 131st and Brown of the 130th: A resolution designating a portion of Interstate 1-185 as the "Chet Atkins Parkway". Referred to the Committee on Transportation. HR 246. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. William E. Lee. Referred to the Committee on Appropriations. HR 247. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. Thomas H. Spelts, Jr. Referred to the Committee on Appropriations. HR 248. By Representative Perry of the llth: A resolution compensating Mr. George Calhoun. Referred to the Committee on Appropriations. HR 249. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A resolution creating the Graduate Medical Education Study Commission. Referred to the Committee on Rules. HR 251. By Representatives Orrock of the 56th, McBee of the 88th, Buckner of the 95th and Childers of the 13th: A resolution creating the House Study Committee on the Prevention of Communicable Diseases. Referred to the Committee on Rules. 454 JOURNAL OF THE HOUSE, HR 253. By Representatives Mann of the 5th, Davis of the 60th, Ehrhart of the 36th and Lewis of the 14th: A resolution urging Congress to submit the balanced budget amendment to the states for ratification. Referred to the Committee on Ways & Means. HR 254. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Poag of the 6th, Sims of the 167th and others: A resolution commending the Selective Service System for its long, distinguished, and vital role in serving the United States through its constant and war tested ability to meet the needs of democracy by providing for the needs of the United States of America; to strongly urge Georgia employers to encourage their eligible male employees to fulfill their legal and patriotic obligation by registering with the Selective Service. Referred to the Committee on Defense & Veterans Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 32 HB 428 HB 429 HB 430 HB 431 HB 432 HB 433 HB 434 HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442 HB 443 HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452 HB 453 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HB 464 HB 465 HB 466 HB 467 HB 468 HB 469 HB 470 HR 222 HR 223 HR 224 HR 225 HR 226 HR 243 SB 17 SB 94 SB 107 SB 137 Representative Reaves of the 178th District, Chairman of the Committee on Agriculture & 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: FRIDAY, FEBRUARY 7, 1997 455 HB 426 Do Pass, by Substitute Respectfully submitted, /s/ Reaves of the 178th 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 following recommendations: HB 183 Do Pass, by Substitute HB 211 Do Pass, by Substitute HB 347 Do Pass, by Substitute HB 399 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 411 Do Pass HB 412 Do Pass HR 214 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 following recommendations: HB 14 Do Pass, by Substitute HB 85 Do Pass HB 151 Do Pass, by Substitute HB 165 Do Pass HB 185 Do Pass HB 241 Do Pass, by Substitute HB 388 Do Pass HB 424 Do Pass, by Substitute HB 425 Do Pass, by Substitute Respectfully submitted, /s/ Buck of the 135th Chairman 456 JOURNAL OF THE HOUSE, By unanimous consent, HB 411 and HB 412 were removed from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Resolution of the House was taken up for consideration and read the third time: HR 214. By Representative Jamieson of the 22nd: A resolution creating the Toccoa-Stephens County Governmental Consolidation 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 109, nays 3. The Resolution, having received the requisite constitutional majority, was adopted. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 169. By Senator Boshears of the 6th: A bill to amend an Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, as amended, so as to repeal Section 6 of said Act providing a method of filling a vacancy on the board of commissioners. SB 189. By Senators Ray of the 48th, Balfour of the 9th, Burton of the 5th and Tysinger of the 41st: A bill to provide for the qualifications of the chief magistrate and magistrate of the Magistrate Court of Gwinnett County. HB 194. By Representative Purcell of the 147th: A bill to provide a new charter for the City of Rincon. HB 234. By Representatives Bates of the 179th and Ponder of the 160th: A bill to repeal an Act creating a Small Claims Court in Decatur County (later renamed the Magistrate Court); to provide for the nonpartisan nomination and election of the chief magistrate of Decatur County. HB 252. By Representatives Sherrill of the 62nd, Davis of the 60th, O'Neal of the 75th and others: A bill to provide a homestead exemption from City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from all City of Chamblee ad valorem taxes for city purposes. FRIDAY, FEBRUARY 7, 1997 457 HB 279. By Representatives Coleman of the 80th, Crews of the 78th, Massey of the 86th and others: A bill to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution between the Gwinnett County school district and the City of Buford independent school district, or portion thereof, located in Gwinnett County. SB 38. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license. SB 44. By Senators Crotts of the 17th, Madden of the 47th, Balfour of the 9th 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 Assistance Act of 1977, so as to provide that the Department of Human Resources may bar a provider which is not a natural person from participating in such Act if such provider or certain agents or employees have been convicted of violating such Act; to provide an exception. SB 50. By Senators Oliver of the 42nd, Hooks of the 14th and Harbison of the 15th: A bill to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to direct the office to operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours; to provide for operation of the state program through the encouragement and coordination of local programs. SB 89. By Senators Ralston of the 51st and Land of the 16th: A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to increase the amount for which a parent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in damage to property or a person. SB 102. By Senators Ragan of the llth, Middleton of the 50th and Streat of the 19th: A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for powers and duties of the Commissioner; to provide for the inspection of books, records, memoranda, and other documents; to provide for subpoenas and their enforcement. 458 JOURNAL OF THE HOUSE, SB 143. By Senators Land of the 16th, Broun of the 46th, Cheeks of the 23rd and Harbison of the 15th: 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 provide that consolidated governments may create land bank authorities; to provide for definitions; to provide for the method of establishment of such authorities by consolidated governments; to provide for transition in the event of consolidation of governments having such an authority. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 38. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license. Referred to the Committee on Motor Vehicles. SB 44. By Senators Crotts of the 17th, Madden of the 47th, Balfour of the 9th 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 Assistance Act of 1977, so as to provide that the Department of Human Resources may bar a provider which is not a natural person from participating in such Act if such provider or certain agents or employees have been convicted of violating such Act; to provide an exception. Referred to the Committee on Judiciary. SB 50. By Senators Oliver of the 42nd, Hooks of the 14th and Harbison of the 15th: A bill to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to direct the office to operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours; to provide for operation of the state program through the encouragement and coordination of local programs. Referred to the Committee on Education. SB 89. By Senators Ralston of the 51st and Land of the 16th: A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to increase the amount for which a parent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in damage to property or a person. Referred to the Committee on Judiciary. FRIDAY, FEBRUARY 7, 1997 459 SB 102. By Senators Ragan of the llth, Middleton of the 50th and Streat of the 19th: A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for powers and duties of the Commissioner; to provide for the inspection of books, records, memoranda, and other documents; to provide for subpoenas and their enforcement. Referred to the Committee on Agriculture & Consumer Affairs. SB 143. By Senators Land of the 16th, Broun of the 46th, Cheeks of the 23rd and others: 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 provide that consolidated governments may create land bank authorities; to provide for definitions; to provide for the method of establishment of such authorities by consolidated governments; to provide for transition in the event of consolidation of governments having such an authority. Referred to the Committee on Banks & Banking. SB 169. By Senator Boshears of the 6th: A bill to amend an Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, as amended, so as to repeal Section 6 of said Act providing a method of filling a vacancy on the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. SB 189. By Senators Ray of the 48th, Balfour of the 9th, Burton of the 5th and others: A bill to provide for the qualifications of the chief magistrate and magistrate of the Magistrate Court of Gwinnett County. Referred to the Committee on State Planning & Community Affairs - Local. Representative Snow of the 2nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 287. By Representatives Lucas of the 124th, Sherrill of the 62nd, Williams of the 63rd, Trense of the 44th, Smith of the 102nd and others: 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 facilities" and to include assisted living facilities - Level I and assisted living facilities - 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. Pursuant to Rule 134, Representative Smith of the 103rd was excused from voting on HB 287. On the motion, the roll call was ordered and the vote was as follows: 460 N Alien Anderaon N Aahe Y Bailey N Baker Y Bannister NBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong N Bohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown NBuck N Buckner NBunn Y Burkhalter YByrd N CampbeU N Canty N Carter NCasb YChanneU Y Childers N Clark NCoan N Coleman, B Y Coleman, T Y Connell N Cooper JOURNAL OF THE HOUSE, E Crawford N Crews N Culbreth N Cummings Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G Dix Y Dixon, H Dixon, S EDobbs N Dukes YEbrhart YEpps Evans N Everett N Felton Y Floyd N Franklin N Golden N Graves Y Greene N Grindley N Hammontree YHanner Y Harbin N Heard NHccht Heckstall N Hegstrom N Henson Y Holland N Holmes N Howard N Hudgens Y Hudson, H N Hudson, N E Hugley NIrvin Y Jackson N James Jamieson Y Jenkins N Johnson N Johnston Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord N Lucas Y Maddoi NMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall McClinton Y McKinney N Mills Y Mobley N Mosley Y Mueller YO'Neal N Orrock YParham Parrish E Parsons N Pelote Y Perry N Pinholster YPoag NPolak Y Ponder Y Porter Y Powell N Purcell NRagas NRandall NRay Y Reaves N Reichert NRice N Richardson N Roberts Rogers N Royal N Sanders Sauder Y Scarlett N Scheid N Scott N Shanahan NShaw N Sherrill Y Shipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L E Smith, L.R N Smith, P Y Smith, T N Smith, V NSmyre N Snelling YSnow Y Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor Teague N Teper N Thomas NTillman N Titus Y Tolbert N Trense N Turnquest YTwiggs N Walker, L N Walker, R.L N West N Westmorland N Whitaker Y Wiles N Williams, B N Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr On the motion, the ayes were 52, nays 109. The motion was lost. Representative Sauder of the 29th arose to a point of personal privilege and addressed the House. Representative Crews of the 78th 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 187. By Representative Twiggs of the 8th: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the composition of said council; to provide for the effective date of membership of the director of the Georgia Indigent Defense 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 111, nays 0. The Bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 7, 1997 461 HB 206. By Representatives Martin of the 47th, Coleman of the 142nd, Baker of the 70th, Crawford of the 129th and Stanley of the 50th: A bill to amend Chapter 8 of Title 49 of the Official Code of Georgia Annotated, known as "The Economic Rehabilitation Act of 1975," so as to change the purposes of said chapter; to change the definition of a certain term; to change certain provisions relating to the duties of the director; to provide that moneys appropriated for economic rehabilitation and distributed by means of contracts with community action agencies shall continue to include the Community Services Block Grant. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 67. By Representative McBee of the 88th: A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Training Council, so as to change the membership of the council; to change the number of members required for a quorum. The report 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 1. The Bill, having received the requisite constitutional majority, was passed. HB 371. By Representatives Parrish of the 144th, Parham of the 122nd, Childers of the 13th, Coleman of the 142nd, Twiggs of the 8th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require refunds on certain drug rebates obtained by providers of medical assistance. The following Committee substitute was read and adopted: A BILL To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require refunds on certain drug rebates obtained by providers of medical assistance; 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 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding immediately following Code Section 49-4-152.2 a new Code section to read as follows: "49-4-152.3. The department shall provide that any department contract with a provider of medical assistance which is renewed or executed on or after July 1, 1997, shall require a refund 462 JOURNAL OF THE HOUSE, to the department of any prescription drug rebate, as established in this article or in federal law in Section 1927 of Title XIX of the Social Security Act, as amended, obtained by the provider for prescription drugs furnished to recipients of medical assistance pursuant to that contract." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Brown of the 130th moved for the ayes and nays to be recorded. The motion prevailed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove E Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Y Canty Carter YCash Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Diz Y Dixon, H Y Dixon, S EDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N E Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates 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 substitute. HB 49. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and Greene of the 158th: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise the laws of this state relating to fertilizers; to provide for administration of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing. FRIDAY, FEBRUARY 7, 1997 463 The following amendment was read and adopted: The Committee on Agriculture and Consumer Affairs moves to amend HB 49 by striking line 37 of page 18 and inserting in lieu thereof the following: "limestone, wood ashes, boiler ashes produced by the pulp and paper industry, and other products exempted by". By striking line 6 of page 24 and inserting in lieu thereof the following: "public or private premises or carriers during". 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 132, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 213. By Representatives Coleman of the 142nd, Greene of the 158th and Smith of the 12th: A bill to provide for the Department of Labor a supplemental appropriation for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law,". The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Alien Y Andenon Ashe Bailey Y Baker Y Bannister Y Barfoot Y Barnard YBarnes Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Brown YBuck Buckner YBunn YBurkhalter Y Byrd Y Campbell Y Canty Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S E Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene YGrindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N E Hugley Y Irvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee McCall McClinton McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Fairish E Parsons Y Pelote Y Perry Pinholster Poag Y Polak Y Ponder Y Porter Y PoweU Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scbeid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Y Snow Y Staffings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert 464 JOURNAL OF THE HOUSE, Y Trense YTumquest Y Twiggs Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representatives Walker of the 141st, McKinney of the 51st, Benefield of the 96th, Bailey of the 93rd, Brown of the 130th and Stancil of the 91st 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 249. By Representative Campbell of the 42nd: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to the issuance, return, and recording of marriage licenses, so as to authorize federal judges to perform marriage ceremonies. The report 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. HB 291. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and Davis of the 60th: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, 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 permission to appeal without also filing a timely notice of appeal, the appellate court shall have jurisdiction to decide the case and shall grant the application. The report of the Committee, which was favorable to the 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 Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Connell Y Cooper E Crawford Y Crews Y Culbreth Y Cumminga Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Dix Dixon, H Y Dixon, S E Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N E Hugley Y Irvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham FRIDAY, FEBRUARY 7, 1997 465 Y Punish E Parsons Y Pelote Y Perry YPinholster Poag Y Polak Y Ponder Y Porter Y Powell YPurcell YRagas Y Randall Ray Y Reaves Y Reichert Y Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan YShaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 208. By Representatives Orrock of the 56th, Royal of the 164th and Walker of the 141st: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, so as to change the definition of "municipality"; to provide for the method of selecting mayoral members of a commission in the event the mayors of municipalities within a county fail to designate one of their number as a member. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 208 by striking "1998" and inserting "1997" on line 29 of page 3. 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 110, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 333. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to state the base upon and manner in which a certain tax is levied on premiums on certain insurance policies; to provide a mechanism for the refund of taxes erroneously or illegally paid. The report of the Committee, which was favorable to the 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 Barnard Y Bames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell 466 JOURNAL OF THE HOUSE, Y Cooper E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B DeLoach, G Diz Y Diion, H Y Dizon, S EDobbe Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N E Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall Ray Reaves Y Reichert YRice Y Richardson Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shan alum YShaw YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was Y Snelling Y Snow YStallings Y StancU, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Worthan YYates Murphy, Spkr HB 298. By Representatives Reichert of the 126th, Walker of the 141st, Barnes of the 33rd, Tolbert of the 25th, Martin of the 47th and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how mechanics and materialmen liens are declared and created, so as to provide that with respect to a contract for the procurement of material, certain professional services, labor, or supplies for the building, repairing, or improving of any real estate, if the contract includes a provision preventing payment to the claimant, then the person or persons furnishing material, services, labor, and supplies shall be relieved of necessity of filing an action. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 238. By Representatives Henson of the 65th, Jones of the 71st, Martin of the 47th, Walker of the 87th and Hudson of the 120th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to provide for the issuance of a license in lieu of a certificate to a physician's assistant upon approval by the Composite State Board of Medical Examiners of an application for utilization; to make conforming amendments to other provisions in said chapter. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. FRIDAY, FEBRUARY 7, 1997 467 On the passage of the Bill, 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 Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford Y Crews Y Culbreth Y Cunmings Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G Dix Y Dixon, H Y Dixon, S EDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y HeckstaU Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N E Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton Y McKinney Y Mills Y Mobley YMosley Mueller YO'Neal YOrrock Par ham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStaUings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas Tillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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 HB 329. By Representative Reichert of the 126th: A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of service charge which may be recovered on a bad check. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 119, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 284 Do Pass, by Substitute 468 JOURNAL OF THE HOUSE, Respectfully submitted, /s/ Martin of the 47th Chairman The following Resolutions of the House were read and adopted: HR 252. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A resolution declaring February 11, 1997, as Albany-Dougherty County Day at the State Capitol. HR 258. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution recognizing and designating "Georgia's Treasures Along 20 Trail". HR 259. By Representative Mann of the 5th: A resolution honoring Dow Chemical Company for its countless contributions to industry and society in Georgia and elsewhere on the occasion of its centennial. HR 260. By Representative Ashe of the 46th: A resolution commending Andrew J. Rhodes. HR 261. By Representative Trense of the 44th: A resolution commending the Georgia Baptist Children's Homes and Family Ministries, Inc. HR 262. By Representative Twiggs of the 8th: A resolution recognizing and commending Honorable Glenn Gooch. HR 263. By Representatives Childers of the 13th, Henson of the 65th, Orrock of the 56th, Ashe of the 46th, Trense of the 44th and others: A resolution commending Charlotte Wilen. HR 264. By Representatives Ray of the 128th, Walker of the 141st and Bohannon of the 139th: A resolution commending Sharon S. Joyner. HR 265. By Representative Floyd of the 138th: A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Jan Odom, Mr. J. R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stephens. HR 266. By Representatives O'Neal of the 75th, Bunn of the 74th, Taylor of the 134th, Cummings of the 27th and McBee of the 88th: A resolution recognizing and congratulating Eugene H. Sanders on his 100th birthday. FRIDAY, FEBRUARY 7, 1997 469 Purusuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 10, 1997. 470 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, February 10, 1997 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: ABhe Bailey Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Buck Bunn Byrd Campbell Canty Carter Cmh Channell {"""* Pk PnW,n R ConneU Cooper Crawford Crews Cummings Da , G Da , M DeLoach, B DeLoach, G Dixon, H Dixon, S Dobbs Dukes Ehrhart Epps Everett Felton Floyd Franklin Graves Greene Grindley Hammontree Harbin Heard Hecht Hegstrom Holland Howard Hudgens Hudson, N Hugley Jackson James Jamieson Johnson Johnston Jones Kaye Ladd Lakly Lane Lee Lewis Lord Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McKmney Mills Mobley Mosley Mueller O'Neal Orrock Parham Fairish Pelote Pinholster Ponder Porter PurceU Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett s<:heid Scott Shanahan Shaw Sherrill Shipp Suns Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, V Snelling Stallings Stancil, F Stancil, S Taylor Teper Thomas Tillman Titus Tolbert Trense Twiggs Walker, R.L West Westmoreland Whitaker Wiles WiUiams, B Williams, R Worthan Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Powell of the 23rd, Joyce of the 1st, Brown of the 130th, Hanner of the 159th, Polak of the 67th, Culbreth of the 132nd, McClinton of the 68th, Hudson of the 120th, Teague of the 58th, Day of the 153rd, Perry of the llth, Heckstall of the 55th, Bordeaux of the 151st, Evans of the 28th, Yates of the 106th, Dix of the 76th, Williams of the 83rd, Baker of the 70th, Henson of the 65th, Turnquest of the 73rd, Brooks of the 54th, Jenkins of the 110th, Alien of the 117th, Smyre of the 136th, Poag of the 6th, Holmes of the 53rd and Snow of the 2nd. They wish to be recorded as present. Prayer was offered by Dr. Jack A. Ouster, Senior Pastor, Baker Woods Baptist Church, Martinez, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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 10, 1997 471 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 introduced, read the first time and referred to the committees: HB 506. By Representatives McKinney of the 51st, Walker of the 141st, Franklin of the 39th, Benefield of the 96th, Randall of the 127th and others: A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, 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 Special Judiciary. HB 507. By Representatives Bunn of the 74th and O'Neal of the 75th: A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership by employees of county departments of family and children services in the Employees' Retirement System of Georgia, so as to provide that such persons shall receive creditable service for all prior accredited service. Referred to the Committee on Retirement. HB 508. By Representative Skipper of the 137th: 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax. Referred to the Committee on Ways & Means. HB 509. By Representatives Henson of the 65th, Burkhalter of the 41st, McClinton of the 68th, Williams of the 114th, Mobley of the 69th and others: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug administration. Referred to the Committee on Health & Ecology. 472 JOURNAL OF THE HOUSE, HB 510. By Representatives Shanahan of the 10th, Hanner of the 159th, Sauder of the 29th, Shipp of the 38th, Breedlove of the 85th and others: 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 authorize the director of the Environmental Protection Division of the department of Natural Resources to grant a waiver of certain fees under certain circumstances. Referred to the Committee on Natural Resources & Environment. HB 511. By Representatives Powell of the 23rd, Parham of the 122nd, Martin of the 47th and Greene of the 158th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for furnishing personal information contained in motor vehicle registration records for bulk distribution for surveys, marketing, or solicitation. Referred to the Committee on Motor Vehicles. HB 512. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smyre of the 136th and others: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for a personal support services program and plan for persons with disabilities. Referred to the Committee on Health & Ecology. HB 513. By Representatives Teague of the 58th, McKinney of the 51st, Turnquest of the 73rd, Holmes of the 53rd and Maddox of the 72nd: A bill to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of the minimum wage to be paid by employers, so as to provide for legislative findings; to increase the minimum wage to the federal poverty level. Referred to the Committee on Industrial Relations. HB 514. By Representatives Martin of the 47th, Brooks of the 54th, Irvin of the 45th, Orrock of the 56th, Ray of the 128th and others: 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 physically handicapped persons, so as to change the provisions relating to definitions; to provide a definition for speculative private residences; to provide for certain accessibility design and construction features for certain speculative private residences. Referred to the Committee on Health & Ecology. HB 515. By Representative Jamieson of the 22nd: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowances for employees who first or again become members of the Employees' Retirement System of Georgia on or after July 1, 1982, so as to authorize members to receive military service credit for active duty service in the armed forces of the United States during the period of the Vietnam Conflict. Referred to the Committee on Retirement. MONDAY, FEBRUARY 10, 1997 473 HB 516. By Representatives Channell of the lllth, Jenkins of the 110th and Greene of the 158th: A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change provisions relating to failure to complete training required for judges of the probate courts. Referred to the Committee on Judiciary. HB 517. By Representatives Sherrill of the 62nd, Heard of the 89th, Childers of the 13th, Skipper of the 137th, Coleman of the 142nd and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified caregiving expenses. Referred to the Committee on Ways & Means. HB 518. By Representatives Sherrill of the 62nd, Heard of the 89th, Childers of the 13th, Skipper of the 137th, Stancil of the 91st and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for certain long-term care insurance. Referred to the Committee on Ways & Means. HB 519. By Representatives Shipp of the 38th, Campbell of the 42nd, Sauder of the 29th and Shanahan of the 10th: A bill to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in the magistrate courts, so as to change the filing fee for filing a civil action; to change the fee for issuance of a writ of fieri facias. Referred to the Committee on Judiciary. HB 520. By Representatives Shipp of the 38th, Dix of the 76th, Campbell of the 42nd, Sauder of the 29th and Shanahan of the 10th: A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change the punishment provisions for ordinance violations. Referred to the Committee on Special Judiciary. HB 521. By Representatives Shipp of the 38th, Shanahan of the 10th, Wiles of the 34th, Sauder of the 29th and Powell of the 23rd: A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to increase the filing fee for an affidavit for foreclosure of a lien on an abandoned motor vehicle. Referred to the Committee on Motor Vehicles. 474 JOURNAL OF THE HOUSE, HB 522. By Representatives Martin of the 47th, Barnes of the 33rd and Alien of the H7th: A bill to amend Code Section 15-18-22 of the Official Code of Georgia Annotated, known as "The Law School Public Prosecutor Act of 1970," so as to redefine the term "district attorney". Referred to the Committee on Judiciary. HB 523. By Representatives Martin of the 47th, Barnes of the 33rd and Alien of the 117th: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of Code Sections 16-11-126 through 16-11-128 concerning the carrying of firearms and weapons, so as to exempt municipal and city judges from the provisions of said Code sections. Referred to the Committee on Judiciary. HB 524. By Representatives Martin of the 47th, Walker of the 141st and Alien of the 117th: 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 information system for real property records. Referred to the Committee on Judiciary. HB 525. By Representatives Martin of the 47th and Barnes of the 33rd: A bill to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, so as to provide that a motion for reconsideration of an order, decision, or judgment shall not extend the time within which an application must be made for an interlocutory appeal. Referred to the Committee on Judiciary. HB 526. By Representative McBee of the 88th: A bill to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, so as to provide for conditions under which valuations established or decisions rendered on certain appeals can be changed by such board. Referred to the Committee on Ways & Means. HB 527. By Representatives Hammontree of the 4th, Barnes of the 33rd, Campbell of the 42nd and Tolbert of the 25th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for notice to the juvenile court regarding recommendations of the Division of Family and Children Services of the Department of Human Resources for children in foster care; to authorize a hearing regarding the continuation or termination of foster care. Referred to the Committee on Judiciary. MONDAY, FEBRUARY 10, 1997 475 HB 528. By Representatives Dixon of the 150th, Bordeaux of the 151st and Mueller of the 152nd: A bill to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water, so as to lower the threshold over which a person must obtain a water permit to 10,000 gallons per day. Referred to the Committee on Natural Resources & Environment. HB 529. By Representative Dixon of the 150th: A bill to amend Code Section 36-36-90 of the Official Code of Georgia Annotated, relating to definitions applicable to the annexation of unincorporated islands. Referred to the Committee on State Planning & Community Affairs. HB 530. By Representative Smith of the 169th: 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. Referred to the Committee on Governmental Affairs. HB 531. By Representatives Birdsong of the 123rd, Ray of the 128th, Jenkins of the 110th and Royal of the 164th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended. Referred to the Committee on Ways & Means. HB 532. By Representatives Williams of the 83rd and Dix of the 76th: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise the minimum liability coverage requirements in a two-step process. Referred to the Committee on Insurance. HR 255. By Representative Johnson of the 84th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to define nonattainment areas with respect to certain water pollution and to implement corrective measures and enforcement remedies. Referred to the Committee on Natural Resources & Environment. HR 256. By Representatives Jamieson of the 22nd, Royal of the 164th, Buck of the 135th, Lewis of the 14th and Culbreth of the 132nd: A resolution proposing an amendment to the Constitution so as to provide that motor vehicles shall only be subject to ad valorem taxation to the extent provided by the General Assembly by general law; to provide that motor vehicle license and registration fees need not be paid into the general fund and allocated by appropriations. Referred to the Committee on Ways & Means. 476 JOURNAL OF THE HOUSE, HR 257. By Representatives Lane of the 146th, Howard of the 118th, Bannister of the 77th and Alien of the 117th: A resolution creating the Joint Subsequent Injury Trust Fund Study Committee. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 471 HB 472 HB 473 HB 474 HB 475 HB 476 HR 1 HR 47Q HB 480 HR S? SB 482 tltJ 4OZ HR U"Q 4AO8b3dA HB 497 HB 498 HB 499 HB 500 HB 501 HB 502 HB 503 HB 506 HR 245 HR 246 HR 247 TTTJ n.Q H n HiKR\ 22i*44J97 HSBR W 16 HHRR 225513 HrlrR> 44So7/ HB 488 TTTJ ,100 H HBB 449890 HB 491 HB 492 HB 493 HB 494 HB 495 HB 496 HCDR 25n40 SB f.8 SB 44 ^QTBJ 5K0fl bB 89 SB 102 SB 143 SB 169 SB 189 HB 504 Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed: HB 504. By Representatives Holland of the 157th, Hudson of the 156th, Floyd of the 138th, Royal of the 164th, Epps of the 131st and others: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed counties. The motion prevailed. Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: MONDAY, FEBRUARY 10, 1997 477 HB 432 Do Pass HB 436 Do Pass HB 446 Do Pass HB 448 Do Pass HB 457 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 432. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th, Barnes of the 33rd, Shipp of the 38th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 436. By Representatives Carter of the 166th and Shaw of the 176th: A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairperson and members of the board of commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 446. By Representative Walker of the 87th: A bill to provide a new charter for the Town of Between. The report 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. HB 448. By Representative Ponder of the 160th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to provide for staggered terms of office. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 478 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 103, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 457. By Representatives Ehrhart of the 36th, Shipp of the 38th, Sauder of the 29th, Manning of the 32nd, Parsons of the 40th and others: A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior 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 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 Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: HB 275. By Representative Barnard of the 154th: A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to change the compensation of the chairperson and members of the board of education. HB 313. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. SB 93. By Senators Madden of the 47th, Langford of the 29th, Perdue of the 18th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to authorize the formation and operation of health plan purchasing cooperatives; to provide definitions; to provide procedures for the issuance of certificates of authority to health plan purchasing cooperatives; to provide for the duties of the Commissioner of Insurance. SB 101. By Senators Starr of the 44th and Perdue of the 18th: A bill to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to provide that counties and municipal corporations shall be authorized to participate in federal and state programs which provide funds for job training, job research assistance, and workforce development programs and to accept and to expend grant funds subject to such terms as may be required by the grantor. MONDAY, FEBRUARY 10, 1997 479 SB 136. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend Code Section 53-6-90 of the Official Code of Georgia Annotated, as such section is effective on July 1, 1997, and Code Section 53-6-35, as such section becomes effective on January 1, 1998, each relating to the appointment of a county administrator and assistant county administrators, so as to provide that in certain counties the judge of the probate court is authorized to appoint assistant county administrators. SB 150. By Senators Burton of the 5th, Oliver of the 42nd, Henson of the 55th and others: A bill to amend Article 3 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Silver-Haired Legislature, so as to authorize annual meetings; to provide for funding; to provide for personnel; to provide for duties of the Secretary of State. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 93. By Senators Madden of the 47th, Langford of the 29th, Perdue of the 18th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to authorize the formation and operation of health plan purchasing cooperatives; to provide definitions; to provide procedures for the issuance of certificates of authority to health plan purchasing cooperatives; to provide for the duties of the Commissioner of Insurance. Referred to the Committee on Insurance. SB 101. By Senators Starr of the 44th and Perdue of the 18th: A bill to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to provide that counties and municipal corporations shall be authorized to participate in federal and state programs which provide funds for job training, job research assistance, and workforce development programs and to accept and to expend grant funds subject to such terms as may be required by the grantor. Referred to the Committee on State Planning & Community Affairs. SB 136. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend Code Section 53-6-90 of the Official Code of Georgia Annotated, as such section is effective on July 1, 1997, and Code Section 53-6-35, as such section becomes effective on January 1, 1998, each relating to the appointment of a county administrator and assistant county administrators, so as to provide that in certain counties the judge of the probate court is authorized to appoint assistant county administrators. Referred to the Committee on Judiciary. SB 150. By Senators Burton of the 5th, Oliver of the 42nd, Henson of the 55th and others: A bill to amend Article 3 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Silver-Haired Legislature, so as to authorize annual meetings; to provide for funding; to provide for personnel; to provide for duties of the Secretary of State. Referred to the Committee on Rules. 480 JOURNAL OF THE HOUSE, Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 272. By Representative Childers of the 13th: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions and requirements for licensure in marriage and family therapy. The report of the Committee, which was favorable to the 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 YAshe Y Bailey Y Baker Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield Y Biidsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Buckner YBunn E Burkhalter YByrd Y Campbell Canty Y Carter YCash Channel! Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper 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 YDobbs Dukes YEhrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Golden Y Graves Greene Y Grindley Y Hammontree Y Banner Y Harbin Heard YHecht Hecks tall Y Hegstrom E Henson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L Y Massey YMcBee Y McCall McClinton McKinney Y Mills Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster Poag Y Polak Y Ponder Porter Y Powell Y Purcell Ragas Randall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Taylor Teague Y Teper Thomas Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Heard of the 89th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker Pro Tern assumed the Chair. HB 273. By Representative Childers of the 13th: 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 the reuse of unused unit dosage drugs in certain long-term care facilities. MONDAY, FEBRUARY 10, 1997 481 The following Committee substitute was read and adopted: 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 the reuse of unused unit dosage drugs in certain long-term care facilities; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding immediately following Code Section 49-4-152.2 a new Code section to read as follows: "49-4-152.3. (a) As used in this Code section, the term: (1) 'Long-term care facility' or 'facility' means an intermediate care home, skilled nursing home, or intermingled home subject to regulation as such by the Department of Human Resources. (2) 'Unit dosage drug' means any dangerous drug regulated under Chapter 13 of Title 16 which is individually packaged to contain only one dosage of such drug and which includes on such packaging the brand or generic name, strength, lot number, and expiration date of such drug. (b) Unit dosage drugs may be reused for a person other than the one for whom the drug was originally prescribed only as provided in this Code section. The department and the State Board of Pharmacy shall promulgate regulations which permit the reuse of prescribed but unused unit dosage drugs for a resident of a long-term care facility other than the resident for whom the drug was originally prescribed, but only when: (1) The cost of those drugs has been paid for or reimbursed under this article; and (2) The drugs are unused because the resident for whom the drugs were originally prescribed: (A) Has died; (B) Has had such resident's prescription changed so as no longer to require those drugs; or (C) Otherwise no longer needs those drugs. The consent of the resident for whom the unused drugs were originally prescribed shall not be required for such reuse of prescribed unit doses. Such reuse shall only be authorized by a resident of a long-term care facility for whom the specific dosage of that unused drug has been prescribed when payment or reimbursement for that drug for that resident is otherwise permitted under this article." SECTION 2. This Act shall become effective on July 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 substitute, 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 Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdnong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn E Burkhalter Y Byrd Y Campbell 482 JOURNAL OF THE HOUSE, Canty Y Carter YCash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Dukes YEhrhart Epps Y Evans YEverett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Grindley Y Hammontree Manner Y Harbin Heard YHecht Hecks tall Y Hegstrom YHenson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU McClinton McKinney Y Mills Mobley Y Mosley Y Mueller YO'Neal YOrrock Par ham Parrish E Parsons Y Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Porter Y Powell Y Purcell Randall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Smyre Y Snelling Snow YStaUings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Taylor Teague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y WUliams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Heard of the 89th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HR 174. By Representatives Childers of the 13th, Murphy of the 18th, Shanahan of the 10th, Lewis of the 14th, Perry of the llth and others: A resolution urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in northwest 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 follows: Alien Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper 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 Dukes Ehrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Grindley Y Hammontree Hanner Harbin Heard YHecht Hecks tall Y Hegstrom YHenson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N MONDAY, FEBRUARY 10, 1997 483 Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall McClinton McKinney YMills Mobley Y Mosley Y Muellei YO'Neal YOrrock YParham Parrish K Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell Ragas Randall YRay Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Taylor Teague Y Teper Thomas YTillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representatives Heard of the 89th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 219. 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 activated waste management authorities may deactivate the same by ordinance or resolution. The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper 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 Dukes YEhrhart Epps Y Evans Y Everett Y Felton Y Floyd E Franklin E Golden Y Graves YGreene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee Y McCall McClinton McKinney Y Mills Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Parham Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell Randall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid 484 JOURNAL OF THE HOUSE, Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Taylor Teague Y Teper Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. 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 94. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Hugley of the 133rd, Taylor of the 134th 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 provide authorization with certain conditions for certain local consolidated governments 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, lodgings, and accommodations, so as to provide authorization with certain conditions for certain local consolidated governments 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, lodgings, 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, lodgings, 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 consecutive days or for use as meeting rooms. No tax shall be levied as provided in this MONDAY, FEBRUARY 10, 1997 485 Code section upon the fees or 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. Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose 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 contracts 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 authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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 paragraph (4.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.2), to read as follows: "(4.2) Notwithstanding the provisions of paragraph (1) of this subsection, a local consolidated 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 7 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 (4.2)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent as follows: an amount equal to 28.58 of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows through a contract with a private sector nonprofit organization; an amount equal to 14.29 percent of the total taxes collected at the rate of 7 percent for the purpose of supporting a civic center owned and operated by the local consolidated government; and an amount equal to 14.29 percent of the total taxes collected at the rate of 7 percent for the purpose of maintaining and operating a performing arts facility." 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 paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (4.2), (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), (4.2), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (4.2), (5), or (5.1) of this subsection." 486 JOURNAL OF THE HOUSE, 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), (4.2), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or 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), (4.2), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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 substitute, 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 Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Barnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner N Bunn EBurkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark N Coan Y Coleman, B Coleman, T Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Diz Y Diion, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin E Golden Y Graves Y Greene Y Grindley Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson MONDAY, FEBRUARY 10, 1997 487 Jenkins Y Johnson Y Johnston Y Jones N Joyce NKaye YLadd YLakly Lane YLee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrisb E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre YSnelling YSnow Y Sellings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman YTitus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker N Wiles Y Williams, B N Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 148, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative McBee of the 88th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 349. By Representatives Baker of the 70th, Barnes of the 33rd, Martin of the 47th, Alien of the 117th and Dix of the 76th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide procedures and requirements for a new or existing limited partnership to become or continue as a limited liability partnership; to provide for determining when a limited partnership becomes a limited liability partnership. 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 procedures and requirements for a new or existing limited partnership to become or continue as a limited liability partnership; to provide for determining when a limited partnership becomes a limited liability partnership; to provide procedures and requirements for a corporation, limited liability company, or general partnership to become a limited partnership; to provide for the contents of a certificate of election; to provide for the effect of changing to a limited partnership; to provide for the transfer of real property from a predecessor entity to the successor limited partnership or successor limited liability company; to authorize the Secretary of State to promulgate rules and to change certain filing fees; to revise certain definitions; to provide that a limited liability company may have only one member; to provide for a written operating agreement when a limited liability company has only one member; to provide for agreement by a member or manager to be obligated personally for debts, obligations, and liabilities of a limited liability company; 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 14 of the Official Code of Georgia Annotated, relating to corporations, is amended by striking in its entirety subsection (g) of Code Section 14-8-62, relating to limited liability partnership elections, recording, procedures and effect, cancellation, dissolution of partnership, and amendment of certificates, and inserting in its place the following: 488 JOURNAL OF THE HOUSE, "(g) T-e become and te continue as limited liability partnership, a limited partnership organized A limited partnership organizing under or subject to Chapter 9 of this title shall amend may become and continue as a limited liability partnership if its certificate of limited partnership se that its specifies a name which complies with subsection (b) of Code Section 14-8-63 and otherwise complies with the name requirements of Code Section 14-9-102 and se that the includes in its certificate of limited partnership eetains a statement that the limited partnership is a limited liability partnership. Subject to any contrary agreement among the partners, sweh an amendment to become a limited liability partnership by an existing limited partnership shall be approved by all of the partners. A limited partnership becomes a limited liability partnership at the time saeh amendment its certificate which complies with the foregoing provisions of this subsection becomes effective and continues to be a limited liability partnership until its certificate of limited partnership is amended to remove the statement that such limited partnership is a limited liability 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 dissolved 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 hefek* in this subsection. 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 registration provisions of Code Section 14-9-206.5." SECTION 2. Said title is further amended by inserting a new Code section to be designated Code Section 14-9-206.2 to read as follows: "14-9-206.2. (a) A corporation, limited liability company, or general partnership may elect to become a limited partnership. Such election shall require: (1) Compliance with Code Section 14-2-1109.1 in the case of a corporation; (2) Approval of all of its members, or such other approval as may be sufficient under applicable law, in the case of a limited liability company; or (3) The approval of all of its partners, or such other approval as may be sufficient under applicable law to authorize such election, in the case of a general partnership. (b) Such election is made by delivery of a certificate of election to the Secretary of State for filing. The certificate shall set forth: (1) The name of the corporation, limited liability company, or general partnership making the election; (2) That the corporation, limited liability company, or general partnership elects to become a limited partnership; (3) The effective date and time of such election if later than the date and time the certificate of election is filed; (4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of election is a certificate of limited partnership that is in the form required by Code Section 14-9-201, that sets forth a name for the limited partnership that satisfies the requirements of Code Section 14-9-102, and that shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until modified in accordance with this chapter; and (6) A statement that states: (A) The manner and basis for converting the shares of the corporation, the membership interests of the members of the limited liability company, or the interests of the partners in the general partnership into interests as members of the limited partnership formed pursuant to such election; or MONDAY, FEBRUARY 10, 1997 489 (B)(i) That a written partnership agreement has been entered into among the persons who will be the members of the limited partnership formed pursuant to such election; (ii) That such partnership agreement will be effective immediately upon the effectiveness of such election; and (iii) That such partnership agreement provides for the manner and basis of such conversion. (c) Upon the election becoming effective the: (1) Corporation, limited liability company, or general partnership shall become a limited partnership formed under this chapter by such election; (2) Shares of the corporation, interests in the limited liability company, or the interests of the partners of the general partnership making the election shall be converted on the basis stated or referred to in the certificate of election in accordance with paragraph (6) of subsection (b) of this Code section; (3) Certificate of limited partnership filed with the certificate of election shall be the articles of organization of the limited partnership formed pursuant to such election unless and until amended in accordance with this chapter; (4) Articles of incorporation and bylaws of the corporation, articles of organization and operating agreement of the limited liability company, or partnership agreement and statement of partnership, if any, of the general partnership making the election shall be of no further force or effect; (5) Limited partnership formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the corporation, limited liability company, or general partnership making the election; and all property, real, personal, and mixed, and all debts due to such corporation, limited liability company, or general partnership, as well as all other choses in action, and each and every other interest of, belonging to, or due to the corporation, limited liability company, or general partnership shall be taken and deemed to be vested in the limited partnership formed by such election without further act or deed; and the title to any real estate, or any interest in real estate, vested in the corporation, limited liability company, or general partnership shall not revert or be in any way impaired by reason of such election; and (6) Limited partnership formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the corporation, limited liability company, or general partnership making the election, and any claim existing or action or proceeding pending by or against such corporation, limited liability company, or general partnership may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the corporation, limited liability company, or general partnership shall be impaired by such election. (d) A limited partnership formed by the foregoing election may file a copy of the foregoing election to become a limited partnership, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such limited partnership is located and record such certified copy of the election in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited partnership indexed as the grantor and the limited partnership indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to the recordation of such election. (e) The Secretary of State shall be authorized to promulgate such rules and charge such filing fees as are necessary to carry out the purpose of this Code section." SECTION 3. Said title is further amended by striking in its entirety paragraphs (12) and (18) of Code Section 14-11-101, relating to definitions relative to limited liability companies, and inserting in their place the following: "(12) 'Limited liability company' means a limited liability company formed under this chapter by one or more members." 490 JOURNAL OF THE HOUSE, "(18) 'Operating agreement' means any agreement, written or oral, as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. In the case of a limited liability company with only one member, a writing signed by that member stating that it is intended to be a written operating agreement shall constitute a written operating agreement." SECTION 4. Said title is further amended by inserting a new subsection to be designated subsection (d) in Code Section 14-11-212, relating to election to become a limited liability company, to read as follows: "(d) A limited liability company formed by an election pursuant to this Code section may file a copy of such election to become a limited liability company, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such limited liability company is located and record such certified copy of the election in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited liability company indexed as the grantor and the limited liability company indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to recordation of such election." SECTION 5. Said title is further amended by striking in its entirety Code Section 14-11-303, relating to liability to third parties, and inserting in its place the following: "14-11-303. (a) A person who is a member, manager, agent, or employee of a limited liability company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a debt, obligation, or liability of the limited liability company, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. (b) Notwithstanding the provisions of subsection (a) of this Code section, under a written operating agreement or under another written agreement, a member or manager may agree to be obligated personally for any or all of the debts, obligations, and liabilities of the limited liability company." SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. 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 substitute, was agreed to. MONDAY, FEBRUARY 10, 1997 491 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 Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bonn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper 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 Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey McBee YMcCall McClinton McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates 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 substitute. 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. HR 112. By Representatives Jackson of the 112th, Williams of the 114th and Harbin of the 113th: A resolution designating the Jack Eubank Memorial Highway. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Anderson YAshe Y Bailey Y Baker Y Bannister Barfoot Y Barnard YBames Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings 492 JOURNAL OF THE HOUSE, Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes Ehrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves YGreene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey YMcBee YMcCaU McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrffl Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 345. By Representatives Barfoot of the 155th, Mosley of the 171st, Hanner of the 159th and Bates of the 179th: A bill to amend Code Section 43-51-6.1 of the Official Code of Georgia Annotated, relating to the establishment of a Class IV classification of water system operators, so as to provide that no person being licensed prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent. The report of the Committee, which was favorable to the 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 Baker Y Bannister Y Barfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper 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 Dukes Ehrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCaU McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Y Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers MONDAY, FEBRUARY 10, 1997 493 Y Royal Y Sanders YSauder YScarlett Y Scheid Y Scott Y Shanahan Y Shaw YSherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 426. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th, Skipper of the 137th, Holland of the 157th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term "livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer. The following Committee substitute was read: A BILL To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term "livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer; to provide for a statement of purpose; to provide for definitions; to provide for licenses; to provide for revocation of licenses and other enforcement matters and procedures; to require the keeping of records; to provide for the construction and maintenance of facilities and standards relating thereto; to provide for the notification of the Department of Natural Resources of certain events; to provide for health and transportation requirements; to provide for entry onto certain premises; to provide for exceptions; to provide for rules and regulations; to provide for duties of the Commissioner of Agriculture, the Department of Agriculture, the Board of Natural Resources, the commissioner of natural resources, and the Department of Natural Resources; to provide for injunctions; to provide for administrative enforcement and administrative penalties; to provide for practices and procedures; to prohibit the intentional release of farmed deer and the importing, transporting, selling, transferring, or possessing of a farmed deer in such a manner as to cause its release or escape from captivity; to provide for penalties; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to prohibit the hunting, shooting, killing, or wounding of farmed deer; to provide for exceptions; to provide for additional authority and powers of the commissioner of natural resources, the Department of Natural Resources, and agents and employees thereof; to change the provisions relating to wild animal licenses; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by striking Code Section 4-4-1.1, relating to the definition of the term "livestock," and inserting in lieu thereof the following: "4-4-1.1. As used in this chapter, the term: 494 JOURNAL OF THE HOUSE, (1) 'livcatock Livestock' means cattle, swine, equines, poultry, sheep, goats, ratitesj nontraditional livestock, and ruminants. (2) 'Nontraditional livestock' means the species of Artiodactyla (even-toed ungulates) listed as bison, water buffalo, farmed deer, llamas, and alpacas that are held and possessed legally and in a manner which is not in conflict with the provisions of Chapter 5 of Title 27 dealing with wild animals." SECTION 2. Said title is further amended by adding at the end of Chapter 4, relating to prevention and control of disease in livestock, a new Article 5 to read as follows: "ARTICLE 5 4-4-170. The purpose of this article is to provide for the production of farmed deer as an agricultural operation and to provide for the importation, production, and control and eradication of disease in farmed deer. 4-4-171. As used in this article, the term: (1) 'Deer farming' means the agricultural operation of raising and production of farmed deer for the commercial production of food and fiber. (2) 'Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), reindeer and caribou (Rangifer tarandus), and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale of live animals. Those cervids which are indigenous to this state, including white-tailed deer, and those members of the order Artiodactyla which are considered to be inherently dangerous to human beings and are described in subparagraph (a)(l)(F) of Code Section 27-5-5 shall be classified as unacceptable species and shall not be included within the definition of farmed deer. Deer that may be under the authority of Title 50, Part 23, Subpart c of the Code of Federal Regulations, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 27 U. ST. 108, TIAS 8249, must meet the requirements set forth in the federal Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. 4-4-172. (a) No person shall possess, buy, import, or transport farmed deer or engage in or carry on the business of deer farming without first applying for and obtaining a deer-farming license from the Commissioner of Agriculture. A deer-farming license shall be valid from the date of issuance to March 31 of the following calendar year. A deer-farming license will not be issued by the Commissioner to any deer-farming operation which has not been inspected and approved by the Department of Natural Resources, provided that any facility expansion must be reapproved prior to renewal of a deer-farming license. (b) The license of any deer farm operator violating this article or any rule or regulation adopted by the Commissioner pursuant to this article shall be subject to revocation, cancellation, or suspension following notice and hearing. A deer-farming license of any licensee whose facility does not meet the definition of an agricultural operation shall be revoked, and such license may be revoked if the licensee violates any provision of Title 27, relating to wild animals. Any farmed deer must be disposed of within 45 days of revocation of any deer-farming license. (c) Deer farm operators shall maintain inventory records of their deer herds, including natural additions, purchased additions, sales, and deaths. Records shall be kept in accordance with specifications of the Commissioner and shall be subject to review by the Commissioner or a representative or employee of the department. (d) Deer farm operators shall construct and maintain premises and facilities used in deer farming in accordance with rules established by the Commissioner and in accordance with subparagraph (A) of paragraph (1) of Code Section 27-5-6, provided that: (1) The facility must be constructed of such material and of such strength as appropriate for the animals involved; MONDAY, FEBRUARY 10, 1997 495 (2) Housing facilities shall be structurally sound and shall be maintained in good repair to protect and contain the animals; (3) The facilities shall be designed in such manner, including the inclusion of barriers of sufficient dimensions and conformation, to safeguard both the animals and the public against injury or the transmission of diseases by direct contact; and (4) Any portion of such facility within which farmed deer are maintained shall be surrounded by a fence with a minimum height of eight feet with the bottom six feet made of woven mesh and constructed of a design, strength, gauge, and mesh approved by the department, after consultation with the Department of Natural Resources, and which is sufficient to prevent escape of farmed deer and to prevent white-tailed deer from entering. Supplemental wire to attain a height of eight feet may be smooth, barbed, or woven wire of a gauge and mesh approved by the department with strands no more than six inches apart. All trees and other structures which pose a threat to the integrity of the fencing shall be removed unless fencing is constructed so as to prevent the breach of the fence from the fall of a tree or structure. (e) It shall be the duty of the Department of Agriculture to inspect an applicant's facilities and to transmit a copy of any application for a deer-farming license to the Department of Natural Resources. The Department of Natural Resources shall inspect the applicant's facilities and shall report to the Department of Agriculture within 30 days of receipt of the application. It also shall be the duty of the Department of Agriculture to transmit a copy of any license issued pursuant to this article to the Department of Natural Resources. It also shall be the duty of the Department of Agriculture to notify the Department of Natural Resources of the revocation, nonrenewal, cancellation, or lapse of any license issued pursuant to this article. All such notifications shall be made in writing and shall be made as promptly as possible, but in no event shall such notification be given more than 72 hours after the event giving rise to the requirement of notice. (f) For purposes other than agricultural operations, farmed deer species must be held under a wild animal license pursuant to Chapter 5 of Title 27. Anyone holding, possessing, importing, or transporting farmed deer without a deer-farming license or a wild animal license is in violation of Title 27. 4-4-173. Health and transportation requirements for any Artiodactyla (even-toed ungulates) must meet the health requirements established by rule or regulation of the Georgia Department of Agriculture. Those animals specifically used for deer farming must meet the requirements of the Uniform Methods and Rules of the Code of Federal Regulations for Tuberculosis and Brucellosis in Cervidae. 4-4-174. Any farmed deer or cervid which escapes from a licensed deer farm shall be subject to the jurisdiction of the Department of Natural Resources and may be treated as an escaped wild animal which is subject to the provisions of Chapter 5 of Title 27, except that, while such animal is roaming freely outside the enclosure of any licensed deer farm, the owner of such farmed deer or cervid shall have 48 hours from the time the escape is detected to recapture such animal and return it to the licensed deer farm. As a condition for maintaining a deer-farming license, it shall be the duty of the owner or operator of a licensed deer farm to notify the Department of Natural Resources immediately upon discovery of the escape of a farmed deer. 4-4-175. Deer farm operators shall allow the entry onto the deer farm of representatives of the Department of Agriculture, the Department of Natural Resources, or other departments or agencies having authority or duties involving farmed deer or wild animals to ensure compliance with applicable federal and state laws. 4-4-176. The provisions of this article shall not apply to any facility at which any animal which would otherwise qualify as a farmed deer is intentionally commingled with any species 496 JOURNAL OF THE HOUSE, which is classified as and subject to regulation as a wild animal under the provisions of Chapter 5 of Title 27. 4-4-177. The Commissioner of Agriculture is authorized to promulgate rules and regulations as may be necessary to effectuate the purpose of this article. Such rules and regulations shall be promulgated after consultation with the Department of Natural Resources and shall be designed to ensure the health and safety of wildlife and prevent the spread of animal diseases between wildlife, wild animals, domestic animals, farmed deer, and people. It shall be the duty of the Commissioner, the Department of Agriculture, the Board of Natural Resources, the commissioner of natural resources, and the Department of Natural Resources to communicate and consult on matters of mutual concern so as to ensure the health and safety of farmed deer, wildlife, wild animals, domestic animals, and people and to prevent, control, and eradicate animal diseases within this state. 4-4-178. In addition to the remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this article or for failing or refusing to comply with the requirements of this article or any rule or regulation adopted by the Commissioner pursuant to this article. An injunction issued under this Code section shall not require a bond. 4-4-179. (a) The Commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provision of this article or any quarantines, orders, rules, or regulations promulgated pursuant to this article. (b) The initial hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All penalties recovered by the Commissioner as provided for in this article shall be paid into the state treasury. The Commissioner may file in the superior court wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred a certified copy of a final order of the Commissioner unappealed from or of a final order of the department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in an action duly heard and determined by said court. The penalty prescribed in this Code section shall be concurrent, alternative, or cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Commissioner with respect to any violation of this article and any quarantines, orders, rules, or regulations promulgated pursuant thereto. 4-4-180. It shall be unlawful for any person intentionally to release a farmed deer from captivity or to import, transport, sell, transfer, or possess a farmed deer in such a manner as to cause its release or escape from captivity. If a person imports, transports, sells, transfers, or possesses a farmed deer in such a manner as to pose a reasonable possibility that such farmed deer may be released accidentally or escape from captivity, the department may revoke the license of such person. MONDAY, FEBRUARY 10, 1997 497 4-4-181. Any person violating the provisions of this article shall be guilty of a misdemeanor." SECTION 3. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new paragraph (27.1) to Code Section 27-1-2, relating to definitions, to read as follows: "(27.1) 'Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), and reindeer and caribou (Rangifer tarandus), and hybrids between these farmed-deer species raised for the commercial sale of meat and other parts or for the sale of live animals." SECTION 4. Said title is further amended by striking subsection (a) of Code Section 27-5-4, relating to wild animal licenses and permits generally, in its entirety and inserting in lieu thereof the following: "(a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section] provided, however, anyone holding a deer-farming license is not required to have a wild animal license or permit to possess farmed deer. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of the provisions of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter." SECTION 5. Said title is further amended by striking paragraph (b) of Code Section 27-5-10, relating to disposal of wild animals recaptured after escape or seized, in its entirety and inserting in lieu thereof the following: "(b) Notwithstanding any other provisions of this title, when a wild animal regulated by this chapter has escaped, the commissioner or the commissioner's designee may authorize the destruction of the wild animal by employees or agents if he determines it is determined that the wild animal poses a threat to the safety of human beings2 threatens the well-being of wildlife populations, or if he determines it is determined that there is very little likelihood that the wild animal can be recaptured." SECTION 6. Said title is further amended by adding a new Code Section 27-5-12 to read as follows: "27-5-12. It shall be unlawful to shoot, kill, or wound any wild animal held under a wild animal license or permit or any farmed deer for enjoyment, gain, amusement, or sport. This Code section does not prohibit: (1) A licensed veterinarian from diagnosing, treating, or performing other duties within the standards of veterinary practice on a farmed deer; (2) The slaughter of wild animals or farmed deer in compliance with the provisions of paragraph (16) of Code Section 27-5-6 and with the laws of this state relating to the slaughter of livestock; or (3) The recapture or disposal of farmed deer which have escaped and which have become classified as wild animals pursuant to Code Section 4-4-174 or the disposal of wild animals according to Code Section 27-5-10." SECTION 7. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. 498 JOURNAL OF THE HOUSE, SECTION 8. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Stancil of the 16th moves to amend the Committee substitute to HB 426 as follows: Line 29 page 5 after deer farm. Add: No legal hunter shall be held liable for killing or wounding an escaped deer. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Andersen YAshe N Bailey Y Baker Y Bannister NBarfoot Y Barnard YBaraes N Bates N Benefield NBirdsong YBohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell N Canty N Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Cornell Y Cooper Y Crawford Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix N Diion, H Y Dixon, S NDobbs Y Dukes Ehrhart NEpps Y Evans Y Everett Y Felton NFloyd Y Franklin E Golden Y Graves N Greene Y Grindley Y Hammontree NHanner Y Harbin N Heard NHecht Heckstall N Hegstrom YHenson Y Holland N Holmes Y Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis YLord Lucas Y Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall Y McClinton McKinney YMills N Mobley Y Mosley Y Mueller O'Neal NOrrock NParham NParrish E Parsons N Pelote Y Perry Y Pinholster NPoag NPolak N Ponder N Porter Y Powell N Purcell NRagas Randall NRay N Reaves N Reichert YRice Y Richardson Y Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan NShaw N Sherrill YShipp NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P E Smith, T Y Smith, V NSmyre N Snelling YSnow NStallings N Stancil, F Y Stancil, S Stanley, L Stanley, P N Taylor Teague NTeper N Thomas NTfflm&n Y Titus N Tolbert YTrense Turnquest YTwiggs N Walker, L Y Walker, R.L NWest Y Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 97, nays 64. 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 substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot N Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford MONDAY, FEBRUARY 10, 1997 499 Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S N Dobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin E Golden N Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Heckstall Y Hegstrom YHenson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McCUnton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R N Smith, P E Smith, T Y Smith, V YSmyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HR 44. By Representative Pelote of the 149th: A resolution urging the Safety Fire Commissioner to alert the public to the danger of carbon monoxide poisoning. The following Committee substitute was read and adopted: A RESOLUTION Urging the Safety Fire Commissioner to alert the public to the danger of carbon monoxide poisoning; and for other purposes. WHEREAS, carbon monoxide is an odorless, colorless, tasteless gas that kills thousands of people each year, many while they are asleep; and WHEREAS, many of the early symptoms of carbon monoxide poisoning, such as headaches, sleepiness, lethargy, nausea, weakness, reddening of the face, red or burning eyes, and shortness of breath, are very similar to flu symptoms, and as a result, many persons exposed to high levels of carbon monoxide are not alerted to the danger and therefore do not seek out the source of the deadly gas; and WHEREAS, several types of inexpensive carbon monoxide detectors are available and can be installed in homes as easily as the now ubiquitous fire detectors, but the public awareness of the danger of carbon monoxide poisoning remains low; and WHEREAS, it is important that these carbon monoxide detectors meet the requirements of both Underwriters Laboratory Standard 2034 and International Approval Services Supplemental Requirement to ensure the safety and reliability of these products. 500 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body urge the Safety Fire Commissioner to initiate a publicity campaign to alert the public to the dangers of carbon monoxide poisoning and determine ways to reduce the danger. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Safety Fire Commissioner. 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 Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Y Bobannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark Coan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDk Dizon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Kaye YLadd YLakly YLane Lee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y PurceU YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, by substitute, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HB 337. By Representatives Cummings of the 27th and Shanahan of the 10th: 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 change certain references to the Georgia Firemen's Pension Fund. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: MONDAY, FEBRUARY 10, 1997 501 Y Alien Anderaon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Cornell Y Cooper 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 Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 HB 340. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to change the name of such pension fund to the "Georgia Firefighter's Pension Fund". The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Bames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Cooper 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 Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd Y Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee 502 JOURNAL OF THE HOUSE, YMcCall YMcClinton McKinney Y Mills YMobley YMosley YMueUer YO'Neal Orrock YParham YParrish E Parsons YPelote Y Perry YPinholster Y Poag YPolak Y Ponder Y Porter YPowell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y StancU, F Y StancU, S Stanley, L Stanley,? Y Taylor Y Teague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spin- On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker assumed the Chair. HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older. The following Committee substitute was read and adopted: A BILL To amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older; 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 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, is amended by striking in its entirety subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows: "(c)(l) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor^ except that where such violation was committed against a person 60 years of age or older, the person convicted thereof shall be guilty of a felony and 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." (2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and 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 bothj except that where such violation was committed against a person 60 years of age or older, the person convicted thereof shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both." SECTION 2. This Act shall become effective July 1, 1997, and shall apply with respect to offenses committed on or after that effective date. This Act shall not apply to or affect conduct or offenses committed prior to that effective date. MONDAY, FEBRUARY 10, 1997 503 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Barnard YBarnes Y Bates Y Beneiield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childew Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Day Y DeLoach, B Y DeLoach, G YDiz Y Diion, H Y Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones N Joyce Kaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 162, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 411 Do Pass HB 412 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman 504 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 411. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 412. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of 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 previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Alien Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Burin E Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Dixon, S Y Dobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stalling Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bills, the ayes were 165, nays 0. The Bills, having received the requisite constitutional majority, were passed. MONDAY, FEBRUARY 10, 1997 505 The following Resolution of the House was read and referred to the Committee on Rules: HR 269. By Representatives Buckner of the 95th, Dixon of the 150th, Pelote of the 149th and Bordeaux of the 151st: A resolution commending the Georgia Peaches on winning the 1996 Senior Softball-USA World Championship tournament and inviting the team to appear before the House of Representatives. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 51. By Senator Abernathy of the 38th: 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 the core curriculum, so as to prohibit the teaching of Ebonics. Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 105 Do Pass, by Substitute HB 292 Do Pass, by Substitute HB 293 Do Pass, by Substitute HB 294 Do Pass Respectfully submitted, M Martin of the 47th Chairman Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report: Mr. Speaker: Your Committee on Regulated Beverages has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 144 Do Pass Respectfully submitted, /s/ Dixon of the 168th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: 506 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 104 Do Pass, by Substitute HR 250 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 217 Do Pass HB 308 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 11, 1997 507 Representative Hall, Atlanta, Georgia Tuesday, February 11, 1997 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 Dr. Susan Newman, Executive Director, Georgians for Children, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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 introduced, read the first time and referred to the committees: HB 533. By Representatives Shanahan of the 10th, Smith of the 175th, Crawford of the 129th and Barnes of the 33rd: A bill to amend Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, so as to define nonconforming liens; to provide that the filing of a nonconforming lien in the land records of any county shall be a nullity and of no force and effect. Referred to the Committee on Judiciary. HB 534. By Representatives Sherrill of the 62nd, Polak of the 67th, O'Neal of the 75th, Jenkins of the 110th and Smith of the 175th: A bill to amend Code Section 41-3-1.1 of the Official Code of Georgia Annotated, relating to substantial drug related activity upon real property as a public nuisance, so as to change certain definitions. Referred to the Committee on Special Judiciary. 508 JOURNAL OF THE HOUSE, HB 535. By Representative Davis of the 48th: A bill to amend an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled, so as to increase the amount of the homestead exemption from City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over. Referred to the Committee on State Planning & Community Affairs - Local. HB 536. By Representatives Bates of the 179th, Barfoot of the 155th, Barnard of the 154th, Cummings of the 27th, Dixon of the 150th and others: A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the lottery for education, so as to require certain lottery advertisements and promotions to include the odds of winning the largest prize in the game advertised. Referred to the Committee on Industry. HB 537. By Representatives Buck of the 135th, Skipper of the 137th, Royal of the 164th and Jamieson of the 22nd: A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to requests for and preparation of fiscal notes; to provide that fiscal notes shall be prepared by the state auditor and the Department of Audits without participation by the Office of Planning and Budget. Referred to the Committee on Ways & Means. HB 538. By Representative Campbell of the 42nd: A bill to amend Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances as first offense, so as to provide that a second or subsequent offense of possession of one ounce or less of marijuana shall constitute a misdemeanor. Referred to the Committee on Special Judiciary. HB 539. By Representative Walker of the 87th: A bill to continue the charter for the Academy of Social Circle; to create a body politic known as the School District of Social Circle; to provide for a board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 540. By Representative Channell of the lllth: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Greene County. Referred to the Committee on State Planning & Community Affairs - Local. TUESDAY, FEBRUARY 11, 1997 509 HB 541. By Representatives Sims of the 167th, Mosley of the 171st and West of the 101st: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to authorize, as a condition of probation in a case of rape or child molestation, display of a sign identifying the offender as a convicted rapist or child molester or banishment from a specified location in the state. Referred to the Committee on Special Judiciary. HB 542. By Representative McKinney of the 51st: A bill to amend an Act to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, so as to abolish the Marshal of the State Court of Fulton County. Referred to the Committee on State Planning & Community Affairs - Local. HB 543. By Representatives Holmes of the 53rd, Lee of the 94th, Byrd of the 170th, Connell of the 115th and Skipper of the 137th: 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. Referred to the Committee on Governmental Affairs. HB 544. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for early voting. Referred to the Committee on Governmental Affairs. HB 545. By Representatives Heckstall of the 55th, Davis of the 48th, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others: A bill to amend Article 2 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to sanitary regulations for hotels and inns, so as to change the provisions relating to bed linens. Referred to the Committee on Health & Ecology. HB 546. By Representative Holmes of the 53rd: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the official list of electors may include symbols to assist in confirming an elector's address. Referred to the Committee on Governmental Affairs. HB 547. By Representatives Joyce of the 1st, Mills of the 21st, Crews of the 78th, Ehrhart of the 36th, Coan of the 82nd 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 the presentation and critique of scientific theories about the origins of life and living things. Referred to the Committee on Education. 510 JOURNAL OF THE HOUSE, HB 548. By Representatives Joyce of the 1st, Snelling of the 99th, Johnston of the 81st, Franklin of the 39th, Mills of the 21st and others: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that a divorce on the ground that the marriage is irretrievably broken shall not be granted until 180 days from the date of service. Referred to the Committee on Judiciary. HB 549. By Representatives Birdsong of the 123rd, Royal of the 164th, Jenkins of the 110th, Jamieson of the 22nd, Ray of the 128th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion. Referred to the Committee on Ways & Means. HB 550. By Representatives Birdsong of the 123rd, Smith of the 175th, Epps of the 131st, Cummings of the 27th, Sims of the 167th and others: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates for certain persons and vehicles, so as to provide free license plates and revalidation decals for certain disabled veterans who are not wartime veterans. Referred to the Committee on Motor Vehicles. HB 551. By Representatives Culbreth of the 132nd, Buck of the 135th, Trense of the 44th and Sherrill of the 62nd: A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to provide for conditions under which such exemptions shall be wholly or partially waived for a taxable year. Referred to the Committee on Ways & Means. HB 552. By Representatives Felton of the 43rd, Johnson of the 84th, Jamieson of the 22nd, Culbreth of the 132nd, Buck of the 135th and others: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties and municipalities, so as to limit appropriations by counties and municipalities for social services and health care unless approved in a special election. Referred to the Committee on State Planning & Community Affairs. HR 267. By Representative Bordeaux of the 151st: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 268. By Representatives Floyd of the 138th and James of the 140th: A resolution designating the Alien B. Fulford Bridge. Referred to the Committee on Transportation. TUESDAY, FEBRUARY 11, 1997 511 HR 270. By Representatives Stanley of the 49th and Stanley of the 50th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of the Animal Control Trust Fund from which funds shall be disbursed to local governments for animal control purposes and programs. Referred to the Committee on State Planning & Community Affairs. By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the committee: HR 275. By Representatives Ladd of the 59th, Rogers of the 20th, Joyce of the 1st, Davis of the 60th, Snelling of the 99th and others: A resolution relative to the New York State Legislature's decision to remove the Georgia State Flag from the state flag display at the New York State Capitol. 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 506 HB 507 HB 508 HB 509 HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 523 HB 524 HB 525 HB 526 HB 527 HB 528 HB 529 HB 530 HB 531 HB 532 HR 255 HR 256 HR 257 SB 93 SB 101 SB 136 SB 150 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 503 Do Pass SB 169 Do Pass Respectfully submitted, M Royal of the 164th Chairman 512 JOURNAL OF THE HOUSE, 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 following recommendations: HB 423 Do Pass HB 485 Do Pass, by Substitute Respectfully submitted, M Randall of the 127th Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 503. By Representatives Bannister of the 77th, Johnson of the 84th, Breedlove of the 85th, Coleman of the 80th, Dix of the 76th and others: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. SB 169. By Senator Boshears of the 6th: A bill to amend an Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, as amended, so as to repeal Section 6 of said Act providing a method of filling a vacancy on 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 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 7. By Senators Cheeks of the 23rd and Kemp of the 3rd: 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 selling of drug paraphernalia or drug related objects occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activity. TUESDAY, FEBRUARY 11, 1997 513 SB 41. By Senators Thomas of the 10th, Walker of the 22nd, Brown of the 26th and others: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to provide for a course of study in home economics which includes parenting education as prescribed by the Department of Education for all state funded schools with grades seven or eight. SB 103. By Senators Tysinger of the 41st, Egan of the 40th, Oliver of the 42nd and others: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Georgia Electronic Records and Signatures Act"; to provide for a short title; to provide for legislative construction and definitions; to authorize the use of electronic records and electronic signatures instead of written ones and provide for the legal effect of such usage. SB 133. By Senators Oliver of the 42nd, Clay of the 37th, Taylor of the 12th and Fort of the 39th: A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, 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. SB 147. By Senators Oliver of the 42nd and Ralston of the 51st: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying. SB 178. By Senators Clay of the 37th, Hooks of the 14th and Thomas of the 54th: 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 Civil War Commission of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program. HB 246. By Representative Murphy of the 18th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change provisions relating to ballot labels for voting machines; to eliminate the maximum limit upon the number of words in each question to be voted on. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: 514 JOURNAL OF THE HOUSE, SB 7. By Senators Cheeks of the 23rd and Kemp of the 3rd: 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 selling of drug paraphernalia or drug related objects occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activity. Referred to the Committee on Special Judiciary. SB 41. By Senators Thomas of the 10th, Walker of the 22nd, Brown of the 26th and others: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to provide for a course of study in home economics which includes parenting education as prescribed by the Department of Education for all state funded schools with grades seven or eight. Referred to the Committee on Education. SB 51. By Senator Abernathy of the 38th: 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 the core curriculum, so as to prohibit the teaching of Ebonics. Referred to the Committee on Education. SB 103. By Senators Tysinger of the 41st, Egan of the 40th, Oliver of the 42nd and others: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Georgia Electronic Records and Signatures Act"; to provide for a short title; to provide for legislative construction and definitions; to authorize the use of electronic records and electronic signatures instead of written ones and provide for the legal effect of such usage. Referred to the Committee on Judiciary. SB 133. By Senators Oliver of the 42nd, Clay of the 37th, Taylor of the 12th and others: A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, 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. Referred to the Committee on Judiciary. SB 147. By Senators Oliver of the 42nd and Ralston of the 51st: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying. Referred to the Committee on Judiciary. TUESDAY, FEBRUARY 11, 1997 515 SB 178. By Senators Clay of the 37th, Hooks of the 14th and Thomas of the 54th: 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 Civil War Commission 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 State Planning & Community Affairs. Representative Joyce of the 1st arose to a point of personal privilege and addressed the House. Representative McKinney of the 51st arose to a point of personal privilege and addressed the House. Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 138. By Representatives McBee of the 88th and Childers of the 13th: A bill to amend Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to provide for continuing education requirements for 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: Y Alien EAndereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Baraes Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bunn YBurkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth YCummings Y Davis, G Davis, M Y Day Y DeLoach, B DeLoach, G Dii Y Diion, H Y Diion, S Y Dobbs Y Dukes Y Ehrhart Epps Y Evans Y Everett Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hauler Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp Y Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert 516 JOURNAL OF THE HOUSE, Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 159. By Representative Poag of the 6th: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes 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 follows: Y Alien E Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L Y Massey YMcBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Ponder Y Porter Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y SneUing YSnow Y Stallings Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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 277. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st, Ashe of the 46th and Felton of the 43rd: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for certain enforcement powers regarding the EMSC Program. TUESDAY, FEBRUARY 11, 1997 517 The report of the Committee, which was favorable to the 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 E Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Ponder Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was HB 165. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend Code Section 48-8-102 of the Official Code of Georgia Annotated, 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. The report of the Committee, which was favorable to the 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 E Anderson YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene 518 JOURNAL OF THE HOUSE, Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom YHenson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 388. By Representatives Channell of the lllth, Royal of the 164th and Skipper of the 137th: 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 provisions regarding the amount payable for redemption. The report of the Committee, which was favorable to the 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 E Anderson Y Ashe Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Diion, H Y Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Fairish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F TUESDAY, FEBRUARY 11, 1997 519 Y Stencil, S Stanley, L Y Stanley, P YTaylor YTeague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert Y Tremse Y Turnquest Y Twiggs Y Walker, L Y Walker, K.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spin- On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 425. By Representatives Snelling of the 99th and Worthan of the 98th: 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 provide authorization with certain conditions for certain counties and municipalities 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, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (1) and (2) to read as follows: "(a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, 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, lodgings, 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 consecutive 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 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. Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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. 520 JOURNAL OF THE HOUSE, (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose 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 contracts 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 authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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 paragraph (4.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.2), to read as follows: "(4.2) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 7 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 (4.2)) amounts as follows: an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows which amount shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities; and an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of supporting a facility owned or operated by a convention and conference center authority created by local Act of the General Assembly for convention and conference center purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on or prior to July 1, 1997, and if such facility is substantially completed and in operation prior to July 1, 2000, which amounts shall be expended only through a contract or contracts with the state or a convention and conference center authority created by local Act of the General Assembly." 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 paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (4.2), (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), (4.2), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (4.2), (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: TUESDAY, FEBRUARY 11, 1997 521 "(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), (4.2), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or 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), (4.2), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (8.1), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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 substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien EAndereon Y Ashe Y Bailey Y Baker Y Bannister YBaribot Y Barnard Barnes Y Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown Y Buck Y Buckner N Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channel! Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Davis, M Y Day Y DeLoach, B DeLoach, G Dix Y Dixon, H Y Dixon, S Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin N Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones N Joyce N Kaye Y Ladd Y Lakly Y Lane Y Lee N Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley 522 JOURNAL OF THE HOUSE, YMosley Y MueUer Y O'Neal YOrrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp NSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.E Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague YTeper Thomas YTillman Y Titus Y Tolbert Y Trense Y Tumquest NTwiggs Y Walker, L Y Walker, R.L Y West N Westmorland Y Whitaker N Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 145, nays 18. The Bill, having received the requisite constitutional majority, was passed, by substitute. HR 105. By Representative Floyd of the 138th: A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien E Anderson YAshe Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefleld YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Coleman, B N Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B DeLoach, G YOU Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y MueUer Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C On the adoption of the Resolution, the ayes were 157, nays 1. Y Smith, C.W Smith, L Y Smith, L.R Y Smith, P E Smith, T Smith, V YSmyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr TUESDAY, FEBRUARY 11, 1997 523 The Resolution, having received the requisite constitutional majority, was adopted. HB 297. By Representative Lucas of the 124th: A bill to amend Article 5 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to residential care facilities for the elderly authorities, so as to change certain provisions relating to powers of authorities. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien E Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBaroes Y Bates Y Benefield YBirdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Coleman, T Y Connell Cooper Y Crawford Y Crews Y Culbreth Y Cunmtings Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDix Y Dixon, H Y Dixon, S Dobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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 The Speaker Pro Tern assumed the Chair. HB 211. By Representatives Grindley of the 35th, Randall of the 127th, Jenkins of the 110th, Davis of the 60th, Crews of the 78th and others: A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to authorize the court to require that a person convicted of a first offense of aggravated child molestation when the victim is 14 years of age or younger at the time of the offense undergo medroxyprogesterone acetate treatment or its chemical equivalent as a condition of eligibility for probation. 524 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that the court sentencing a person who has been convicted of a first offense of aggravated child molestation when a victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate treatment or its chemical equivalent would be effective in changing the defendant's behavior; to provide that under certain conditions such chemical treatment and treatment by a qualified mental health professional may be required as a condition of probation; to provide for treatment prior to release from custody; to provide that a defendant sentenced to probation who is required to undergo such treatment and who is not in custody shall be returned to custody for such treatment; to provide that no such treatment shall be administered until such person has consented thereto in writing; to provide procedures for the administration of treatment; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the grants of pardons, paroles, and other relief, so as to provide that the Board of Pardons and Paroles may require as a condition of parole that a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional; to require the Department of Corrections to provide certain information and to receive consent before the administration of such treatment; to provide for the administration of treatment by the Department of Corrections; to provide that certain persons may refuse to administer such treatment; 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 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following: "(d)(l) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendant's behavior. If it is determined by a mental health professional that such treatment would be effective, the court may require, as a condition of probation, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined TUESDAY, FEBRUARY 11, 1997 525 until treatment can begin. Additional treatment may continue after such defendant's release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2." SECTION 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the grants of pardons, paroles, and other relief, is amended by adding between Code Sections 42-9-44.1 and 42-9-45 a new Code section to be designated Code Section 42-9-44.2 to read as follows: "42-9-44.2. (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. No such treatment shall be administered until such person has consented thereto in writing. (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendant's release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The Department of Corrections shall administer the provision of treatment required as a condition of parole pursuant to this Code section. No employee of the Department of Corrections who is licensed under Chapter 34 of Title 43 shall be required to participate against his or her will in the administration of treatment provided for in this Code section. The department shall be required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information." SECTION 3. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective on 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 substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Alien E Andersen Y Ashe Bailey Baker Y Bannister Y Barfoot Y Barnard YBames Y Bates Y Benefield Birdaong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Connell Y Cooper 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 Diron, H Y Diion, S Y Dobbs Y Dukes 526 JOURNAL OF THE HOUSE, YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes N Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal NOrrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L N Stanley, P Y Taylor YTeague Y Teper Y Thomas YTfflman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 155, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 57. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in landfills having a liner which meets certain requirements. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in construction and demolition or municipal solid waste landfills; to provide for standards; to provide for a report by the Environmental Protection Division of the Department of Natural Resources; 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 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," is amended by adding, following Code Section 12-8-40.2, a new Code Section 12-8-40.3 to read as follows: "12-8-40.3. It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills." SECTION 2. The Environmental Protection Division of the Department of Natural Resources in conjunction with the Pollution Prevention Assistance Division shall develop a plan, if practicable, to encourage the recycling of asphalt shingles and shall make a report on such plan to the General Assembly of Georgia by December 31, 1997. TUESDAY, FEBRUARY 11, 1997 527 SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien E Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot YBarnard YBarnes Y Bates Y Benefield Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper 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 Diion, S Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Titus Y Tolbert YTrense Tumquest NTwiggs Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 79. By Representatives Hegstrom of the 66th, Baker of the 70th, Sherrill of the 62nd and Byrd of the 170th: A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Parking Law for Persons with Disabilities, so as to provide for uniforms for persons appointed for enforcement purposes. The following amendment was read and lost: Representatives Mills of the 21st and Ehrhart of the 36th move to amend HB 79 as follows: 528 JOURNAL OF THE HOUSE, Page 1, line 19 strike the word "shall" and insert "may". The report of the Committee, which was favorable to the 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 E Anderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Connell Y Cooper N Crawford Y Crews Y Culbreth N Cummings Y Davis, G N Davis, M YDay Y DeLoach, B DeLoach, G YDil Y Diion, H Y Dijon, S Dobbs Y Dukes YEhrhart YEpps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golden N Graves Y Greene N Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce NKaye YLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCaU McClinton McKinney N Mills Y Mobley Y Mosiey Y Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves N Reichert YRice Richardson Roberts Y Rogers Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas YTillman N Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest N Westmorland Whitaker N Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, the ayes were 141, nays 22. The Bill, having received the requisite constitutional majority, was The Speaker assumed the Chair. HB 106. By Representative Jones of the 71st: A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide that an enrollee of a health maintenance organization who does not receive health care services within seven days after requesting the same may seek such services from any provider and the cost shall be borne by such health maintenance organization. Representative Lakly of the 105th moved that HB 106 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: N Alien E Anderson YAshe N Bailey N Baker Y Bannister Y Barfoot N Barnard Y Barnes N Bates N Benefield N Birdsong Y Bohannon Y Bordeaux N Bradford N Breedlove N Bridges N Brooks Y Brown NBuck TUESDAY, FEBRUARY 11, 1997 529 N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter NCash N Channel! N Childers YClaik YCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews Y Culbreth N Cumminga N Davis, G Y Davi, M NDay Y DeLoach, B DeLoach, G NDii N Dixon, H N Diion, S NDobbs N Dukes N Ebrhart NEpps Y Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley N Hammontree N Manner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson N Jenkins Y Johnson N Johnston N Jones Y Joyce YKaye NLadd YLakly NLane NLee N Lewis YLord N Lucas N Maddoi YMann N Manning N Martin, J N Martin, J.L YMassey N McBee NMcCall N McClinton N McKinney Y Mills N Mobley Y Mosley Y Mueller N O'Neal NOrrock N Parham N Parrish E Parsons N Pelote N Perry Y Pinholster NPoag On the motion, the ayes were 40, nays 131. The motion was lost. N Polak N Ponder N Porter N PoweU NPurcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan Shaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre N Snelling NSnow N Stallings N Stancil, F Y Stancil, S Stanley, L N Stanley, P N Taylor NTeague N Teper N Thomas NTfflman Y Titus N Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker N Wiles N Williams, B Y Williams, J N Williams, R N Worthan Yates Murphy, Spkr The following Committee substitute was read: A BILL To amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, so as to provide that patients shall receive certain health care services under certain conditions within specified times; to provide for civil damages, penalties, and procedures relative to the foregoing; 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 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, is amended by inserting at the end thereof the following: "33-20A-11. (a) Any patient who has presented symptoms and requested an initial personal consultation regarding such symptoms with his or her selected or primary care physician or other participating primary health care provider or practice, if required under the terms and conditions of the managed care plan in which he or she is enrolled, shall, at the time of such request, be offered an appointment or referred to a more medically appropriate participating health care provider. Where not referred, such appointment, if accepted and kept by the patient, must occur within three business days following receipt of such request. (b) Any patient who, in order to receive benefits covering the treatment and services of a participating specialist under a managed care plan, is required to seek a referral and has been referred by his or her selected or assigned primary care physician or other participating primary health care provider or practice to a participating specialist or specialist practice under the managed care plan in which he or she is enrolled and who has 530 JOURNAL OF THE HOUSE, requested an initial personal consultation with such participating specialist or specialist practice shall be offered an appointment by the participating specialist or specialist practice at the time of such request. Such appointment, if accepted and kept by the patient, must occur within 21 business days following receipt of such request. (c) Any patient who has requested a routine physical examination with his or her selected or assigned primary care physician or other participating primary health care provider or practice under a managed care plan shall be offered an appointment at the time of such request. Such appointment, if accepted and kept by the patient, must occur within 30 business days following receipt of such request. (d) Any managed care entity meeting the requirements of this Code section regarding any managed care plan shall be deemed to have met the requirements of subparagraph (A) of paragraph (2) of Code Section 33-20A-5. (e) Any managed care entity which violates any provision of this Code section may be liable for civil damages and shall be liable for a monetary penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided in Chapter 2 of Title 33. Each day of violation shall constitute a separate violation for purposes of this subsection, but in no event shall the penalty exceed $5,000.00 for any single failure to meet the time requirements in this Code section. Any such monetary penalty recovered pursuant to this Code section shall be disposed of in accordance with Code Section 33-2-29. (f) Nothing in this Code section shall be construed as requiring a participating health care provider to grant a personal consultation where, in the professional judgment of the physician, such personal consultation is not medically necessary for treatment of the patient's symptoms; provided, however, that a nonpersonal consultation shall occur during the time period provided for in this Code section. (g) Except as required elsewhere in this title, nothing in this Code section shall be construed as requiring a managed care plan to cover any treatment or service or to assure access to participating health care providers for noncovered treatments or services. 33-20A-12. (a) In a managed care plan where any participating health care providers or practices set their own appointments, should such a participating health care provider or practice be unable to comply with any provision of Code Section 33-20A-11, such participating health care provider or practice shall be required to immediately notify the managed care entity of his or her inability to comply with the requirements of this Code section. (b) Such noncompliant participating health care provider or practice shall also be required to refer the affected patient to the managed care entity. The managed care entity shall be given the opportunity to make provisions to otherwise comply with the requirements of this chapter. (c) Nothing in this Code section shall be construed as eliminating or lessening the requirement that the managed care entity comply with all requirements of this chapter regarding managed care plans." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Massey of the 86th moves to amend the Committee substitute to HB 106 as follows: Strike line 5 & 6 of page two and replace it with the following: "If accepted and kept by the patient, must occur within 15 business days following receipt of such request." TUESDAY, FEBRUARY 11, 1997 531 On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien E Anderson NAshe Bailey N Baker N Bannister NBarfoot Y Barnard Barnes Bates N Benefield N Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter YCash N Channel! N Childers N Clark YCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M NDay N DeLoach, B DeLoach, G YDiz N Diion, H DUon, S YDobbs N Dukes YEhrhart NEpps N Evans N Everett N Felton N Floyd N Franklin N Golden N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin N Heard NHecht NHeckstall Y Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones N Joyce YKaye YLadd NLakly NLane NLee N Lewis NLord N Lucas Y Maddox NMann Y Manning N Martin, J N Martin, J.L YMassey N McBee NMcCall N McClinton N McKinney N Mills N Mobley N Mosley N Mueller NO'Neal Y Orrock N Parham NParrish E Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan Shaw N Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 31, nays 136. The amendment was lost. N Smith, C.W N Smith, L Y Smith, L.R N Smith, P E Smith, T N Smith, V N Smyre NSneUing NSnow NStallings N Stancil, F Y Stancil, S Stanley, L N Stanley, P N Taylor N Teague YTeper N Thomas NTiUman N Titus N Tolbert N Trense N Turnquest YTwiggs N Walker, L N Walker, R.L NWest N Westmorland N Whitaker N Wiles Williams, B Y Williams, J N Williams, R N Worthan Y Yates Murphy, Spkr The following amendments were read and adopted: Representative Jones of the 71st moves to amend the Committee substitute to HB 106 by striking lines 17 and 18 of page 1 and inserting in lieu thereof the following: "with his or her selected or assigned participating case management physician or other participating case management provider or". By striking lines 31 and 32 of page 1 and inserting in lieu thereof the following: "participating case management physician or other participating case management provider or practice to a participating". By striking lines 8 and 9 of page 2 and inserting in lieu thereof the following: "examination with his or her selected or assigned participating case management physician or other participating case management". Representative Sauder of the 29th moves to amend the Committee substitute to HB 106 as follows: Page 1 line 25 delete "three" and insert the word "four". The following amendment was read: 532 JOURNAL OF THE HOUSE, Representative Sauder of the 29th moves to amend the Committee substitute to HB 106 as follows: Page 2, line 22, delete $500.00 and insert thereof $300.00. Page 2, line 27, delete $5,000 and insert thereof $1,000.00. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien E Anderson YAshe Bailey Y Baker Y Bannister NBarfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck N Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty Y Carter YCash YChannell N Childere Clark YCoan Y Coleman, B Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth Cummings N Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Greene Y Grindley Y Hammontree Y Manner Y Harbin N Heard Y Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Lucas Y Maddox Mann Y Manning N Martin, J N Martin, J.L N Massey N McBee NMcCall N McClinton N McKinney Y Mills Y Mobley Y Mosley Y Mueller N O'Neal NOrrock NParham N Parrish E Parsons Y Pelote N Perry Y Pinholster YPoag YPolak N Ponder N Porter N Powell N Purcell YRagas NRandall NRay Y Reaves Y Reichert YRice Y Richardson N Roberts Y Rogers Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Sherrill Y Shipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 97, nays 61. The amendment was adopted. Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P E Smith, T Y Smith, V Smyre Y Snelling Y Snow N Stallings Y Stancil, F Y Stancil, S Stanley, L N Stanley, P N Taylor NTeague N Teper N Thomas N Tillman N Titus Y Tolbert Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr The following amendment was read and adopted: Representative Sauder of the 29th moves to amend the Committee substitute to HB 106 as follows: Add section (h) after line 2 on page 3 to read as follows: "Nothing in this Code section shall be construed as requiring a participating health care provider to grant a personal consultation and no penalties shall accrue to any managed care plan or provider where any "Act of God", "Natural Disaster", or other "man made disaster" results in unusually large number of patients. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. TUESDAY, FEBRUARY 11, 1997 533 On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien E Anderson NAshe Y Bailey Y Baker N Bannister YBarfoot Y Barnard YBaraes N Bates N Benefield YBirdsong NBohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks N Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B DeLoacb, G YDix Y Diion, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart YEpps N Evans Y Everett Y Felton Y Floyd N Franklin N Golden Y Graves Y Greene N Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Jobnston Y Jones N Joyce Kaye NLadd NLakly YLane YLee Y Lewis NLord Y Lucas Y Maddox NMann N Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Mueller Y O'Neal Y Orrock YParham Y Parrish E Parsons Y Pelote Y Perry N Pinholster YPoag NPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P E Smith, T N Smith, V YSmyre N Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert N Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West N Westmorland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 132, nays 38. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Bohannon of the 139th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 250. By Representative Hanner of the 159th: A resolution commending the 1996 Terrell Academy football team and inviting the team and its coaches to appear before the House of Representatives. The following Resolution of the House was read: HR 104. By Representatives Teague of the 58th, Randall of the 127th, Dukes of the 161st, Tillman of the 173rd, Smyre of the 136th and others: A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day" and inviting the Georgia Summit of African-American Business Organizations to appear before the House of Representatives. 534 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A RESOLUTION Recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day" and inviting the Georgia Summit of African-American Business Organizations to appear before the House of Representatives; and for other purposes. WHEREAS, African American businesses have made significant contributions to the progress and growth of the State of Georgia; and WHEREAS, with ingenuity born of adversity and perserverance stemming from hardship, African American entrepreneurs have created a vast and diverse array of business enterprises in this state; and WHEREAS, with successful enterprises ranging from small businesses to major corporations, African American entrepreneurs have uniquely influenced the business culture of this state and have built an enduring legacy of success for future generations; and WHEREAS, success in the face of adversity has always been worthy of recognition and celebration. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body recognize the outstanding service and contributions which African American entrepreneurs have made to the State of Georgia and proclaim the second Thursday of February as "African American Business Enterprise Day." BE IT FURTHER RESOLVED that the members of the Georgia Summit of AfricanAmerican Business Organizations are invited to appear before the House of Representatives at a date and time to be determined by the Speaker of the House of Representatives. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to W.S. (Bill) Cannon V, executive director of the Georgia Summit of African-American Business Organizations. The Resolution, favorably reported by the Committee on Rules, by substitute, was adopted. The following Resolution of the House was read and referred to the Committee on Rules: HR 273. By Representative Dixon of the 150th: A resolution recognizing and commending the Chairman, Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House or Representatives. The following Resolutions of the House were read and adopted: HR 276. By Representatives Bates of the 179th and Ponder of the 160th: A resolution recognizing the Honorable Glenda Battle, President of the Association County Commissioners of Georgia, and other county commissioners, county officials, and county employees of the State of Georgia. HR 277. By Representatives Ragas of the 64th, Jones of the 71st, Teper of the 61st, Maddox of the 72nd, Polak of the 67th and others: A resolution commending Pine Ridge Elementary School. TUESDAY, FEBRUARY 11, 1997 535 HR 278. By Representative Lord of the 121st: A resolution commending the Washington County High School Golden Hawks football team. HR 279. By Representative Floyd of the 138th: A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Angie Ellis, Mr. J. R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stephens. HR 280. By Representative Carter of the 166th: A resolution recognizing and commending the plastics industry in Georgia, the American Plastics Council, the Society of the Plastics Industry, the Georgia Plastics Industry Council, and Image Industries. HR 281. By Representatives Irvin of the 45th, Birdsong of the 123rd, Crews of the 78th and Smith of the 175th: A resolution declaring February, 1997, to be "Reserve Officers Association Month". HR 282. By Representative Pelote of the 149th: A resolution commending Major Willie L. Williams. HR 283. By Representatives Henson of the 65th, Murphy of the 18th, Baker of the 70th, Ragas of the 64th, Williams of the 63rd and others: A resolution commending Stone Mountain Park. HR 284. By Representative Walker of the 87th: A resolution commending Pastor William Devenport and First Lady Constance Davenport. HR 285. By Representative Whitaker of the 7th: A resolution commending Willard Ralston upon the occasion of his retirement as Clerk of Superior Court of Gilmer County. HR 286. By Representatives Ashe of the 46th and Martin of the 47th: A resolution commending The Friendship Force. 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 recommendation: HB 89 Do Pass 536 JOURNAL OF THE HOUSE, Respectfully submitted, /s/ Lord of the 121st Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 54 Do Pass, by Substitute HB 274 Do Pass, by Substitute HB 321 Do Pass, by Substitute HB 413 Do Pass Respectfully submitted, /s/ Martin of the 47th Chairman Representative Jamieson of the 22nd District, Vice-Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 228 Do Pass HB 417 Do Pass Respectfully submitted, /s/ Jamieson of the 22nd Vice-Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 13, 1997. THURSDAY, FEBRUARY 13, 1997 537 Representative Hall, Atlanta, Georgia Thursday, February 13, 1997 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 Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Canty Coleman,B Connell Cooper Crawford Crews Culbreth Cummings Davis, M DeLoach, B DeLoach, G Dix Diion, H Dixon, S Dukes Ehrhart Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin Heard "i. 2HoZd Hudgens Hudlon, N Hugley Irvin Jackson James Jenkins Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Mann Manning Martin, J.L Massey McBee McKinney Mills Mosley Mueller P'N"e"alParr">h TM** Pmholster Poag Polak Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp SSikmipsper Smith, C Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teper Thomas TiUman Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L West Westmoreland Whitaker WWiilleli8ams, B !am8'i W,U,ams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Coan of the 82nd, Maddox of the 72nd, Jamieson of the 22nd, Sherrill of the 62nd, Smith of the 19th, Smyre of the 136th, Sinkfield of the 57th, McClinton of the 68th, Mobley of the 69th, Ashe of the 46th, Perry of the llth, Hegstrom of the 66th, Buckner of the 95th, Teague of the 58th, Dobbs of the 92nd, Howard of the 118th, Epps of the 131st, Carter of the 166th, Bordeaux of the 151st, Day of the 153rd, Orrock of the 56th, McCall of the 90th, Holmes of the 53rd and Evans of the 28th. They wish to be recorded as present. Prayer was offered by the Reverend Kevin Skogen, Pastor, Reformed Presbyterian Church, Lookout Mountain, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 538 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 553. By Representatives Barnes of the 33rd, Murphy of the 18th and Ragas of the 64th: 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 generally, so as to provide for reimbursement of medical benefits paid to health benefit plans, health maintenance organizations, and insurers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages exclusive of such reimbursable benefits. February 11, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 553. This notice is made prior to or upon reading the bill the first time. /s/ Roy E. Barnes Representative 33rd District Referred to the Committee on Judiciary. HB 554. By Representatives Westmoreland of the 104th, Evans of the 28th, Massey of the 86th, Williams of the 83rd and Trense of the 44th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place. Referred to the Committee on Governmental Affairs. HB 555. By Representative Joyce of the 1st: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for the adoption and amendment of standards relating to nonmonumentation surveys. Referred to the Committee on Industry. THURSDAY, FEBRUARY 13, 1997 539 HB 556. By Representatives Royal of the 164th, Buck of the 135th and Skipper of the 137th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain advertising inserts or supplements. Referred to the Committee on Ways & Means. HB 557. By Representative Skipper of the 137th: A bill to consolidate and revise the laws of this state relating to the Division of Forensic Sciences of the Georgia Bureau of Investigation and forensic testing of evidence; to provide for a short title; 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 conditions under which certain chemical tests shall be admissible as evidence. Referred to the Committee on Judiciary. HB 558. By Representative Royal of the 164th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create specific standards for public access to certain records in the Office of Treasury and Fiscal Services; to prohibit certain access; to provide for conditions for limited access; to authorize the director of the Office of Treasury and Fiscal Services to invest in certain securities. Referred to the Committee on Ways & Means. HB 559. By Representatives Epps of the 131st, Lucas of the 124th, Randall of the 127th, Smyre of the 136th and Baker of the 70th: 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 560. By Representatives Heard of the 89th, Parham of the 122nd and Roberts of the 162nd: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates, so as to authorize the issuance of special license plates commemorating the Prince Hall Masons of Georgia. Referred to the Committee on Motor Vehicles. HB 561. By Representatives Heard of the 89th, McBee of the 88th and Hudgens of the 24th: A bill to amend Code Section 33-24-27 of the Official Code of Georgia Annotated, 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. 540 JOURNAL OF THE HOUSE, HB 562. By Representatives Shipp of the 38th, Harbin of the 113th, Bradford of the 30th, Sauder of the 29th and Manning of the 32nd: A bill to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, known as the "Patient Protection Act of 1996," so as to provide that every managed care entity shall maintain a 24 hour toll-free authorization number throughout the managed care entity's service area or areas, or, in the alternative, such managed care entity shall not deny claims for emergency services or care rendered after its normal business hours based on lack of prior approval or lack of medical necessity. Referred to the Committee on Insurance. HB 563. By Representatives Smith of the 109th, Cash of the 108th, Sanders of the 107th and Jenkins of the 110th: A bill to create a new judicial circuit for the State of Georgia, to be known as the Henry Judicial Circuit, to be composed of the County of Henry. Referred to the Committee on Judiciary. HB 564. By Representatives Smith of the 109th, Cash of the 108th, Sanders of the 107th and Jenkins of the 110th: A bill to amend an Act providing supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit, so as to change the amount and method of payment of such supplements. Referred to the Committee on State Planning & Community Affairs - Local. HB 565. By Representatives Smith of the 109th, Cash of the 108th, Sanders of the 107th and Jenkins of the 110th: A bill to provide supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Henry Judicial Circuit. Referred to the Committee on State Planning & Community Affairs - Local. HB 566. By Representatives Heard of the 89th, McBee of the 88th and Orrock of the 56th: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the "Privacy for Consumers and Workers Act". Referred to the Committee on Industrial Relations. HB 567. By Representatives Porter of the 143rd, Taylor of the 134th, Purcell of the 147th, Williams of the 83rd, Sherrill of the 62nd and others: A bill to be known as the "School Safety Act of 1997"; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled. Referred to the Committee on Education. THURSDAY, FEBRUARY 13, 1997 541 HB 568. By Representative Mobley of the 69th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that no convenience store shall be operated in this state unless installed therein for use at all times by each employee operating a cash register is a secured safety enclosure of transparent polycarbonate or other material that meets certain standards. Referred to the Committee on Industry. HB 569. By Representative Mobley of the 69th: A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any motor vehicle dealer or any agent or employee thereof to place upon or deliver to a purchaser any motor vehicle which has had placed upon it any decal, sticker, ornament, placard, tag, license plate frame, advertisement, or other device which contains advertising for or the name of such dealer's business. Referred to the Committee on Motor Vehicles. HB 570. By Representative Murphy of the 18th: A bill to amend Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, so as to provide that no financial institution may charge any fee of any kind to a person who does not have an account with that financial institution for cashing a check or other instrument which is payable to such person and is drawn on the account of another person with that financial institution. Referred to the Committee on Banks & Banking. HB 571. By Representative Lee of the 94th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that the board of trustees of such retirement system may grant post retirement benefit increases under certain circumstances. Referred to the Committee on Retirement. HB 572. By Representative Teper of the 61st: A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages, so as to provide for removing the limitation on punitive damages for tort cases involving the influence of intoxicating or toxic agents on the defendant or for defendants meeting specified criteria as to intent, knowledge, or constructive knowledge. Referred to the Committee on Judiciary. 542 JOURNAL OF THE HOUSE, HB 573. By Representatives Culbreth of the 132nd, Heard of the 89th and Ehrhart of the 36th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to acquire investments in investment pools; to provide a short title; to define terms; to provide for applicability; to set forth requirements an investment pool must follow for an investment to be qualified under this Act. Referred to the Committee on Insurance. HR 271. By Representatives Snelling of the 99th and Worthan of the 98th: A resolution authorizing the conveyance of certain state owned real property located in Douglas County. Referred to the Committee on State Institutions & Property. HR 272. By Representative James of the 140th: A resolution authorizing the conveyance of certain state owned real property located in Taylor County. Referred to the Committee on State Institutions & Property. HR 274. By Representatives Heard of the 89th, Sherrill of the 62nd, Pelote of the 149th, Connell of the 115th, Lane of the 146th and others: A resolution creating the House Citizens Come First Study Subcommittee and making it a part of the House Intragovernmental Coordination Committee. Referred to the Committee on Rules. HR 287. By Representative Whitaker of the 7th: A resolution honoring Cora Williams and designating the intersection of State Route 515 and Maddox Drive in the City of East Ellijay as the "Cora Williams Intersection". Referred to the Committee on Transportation. HR 288. By Representative Whitaker of the 7th: A resolution honoring N. A. West and designating the bridge carrying State Route 2 over the Cartecay River in Gilmer County as the "N. A. West Bridge". Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 533 HB 534 HB 535 HB 536 HB 537 HB 538 HB 539 HB 540 HB 541 HB 542 HB 543 HB 544 HB 545 HB 546 THURSDAY, FEBRUARY 13, 1997 543 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HR 267 HR 268 HR 270 HR 275 SB 7 SB 41 SB 51 SB 103 SB 133 SB 147 SB 178 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 496 Do Pass HB 497 Do Pass HR 213 Do Pass Respectfully submitted, /s/ Sinkfield of the 57th Chairman Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 543 Do Pass, as Amended HB 546 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 following recommendation: HB 351 Do Pass, by Substitute Respectfully submitted, /s/ Childers of the 13th Chairman 544 JOURNAL OF THE HOUSE, Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations & Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 377 Do Pass, by Substitute Respectfully submitted, Is/ Lucas of the 124th Chairman Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 331 Do Pass, by Substitute HB 460 Do Pass, by Substitute Respectfully submitted, is/ Lane of the 146th Chairman Representative Hudson of the 156th 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 recommendations: HB 143 Do Pass HB 322 Do Pass HB 374 Do Pass, by Substitute HB 415 Do Pass Respectfully submitted, /s/ Hudson of the 156th Chairman Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 289 Do Pass, by Substitute HB 326 Do Pass HB 372 Do Pass HB 397 Do Pass, by Substitute HB 410 Do Pass, by Substitute HB 447 Do Pass THURSDAY, FEBRUARY 13, 1997 545 Respectfully submitted, /s/ Twiggs of the 8th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 240 Do Pass HR 273 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 142 Do Pass HR 167 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 Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 461 Do Pass SR 43 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: 546 JOURNAL OF THE HOUSE, Your Committee on Transportation 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 368 Do Pass HR 171 Do Pass HR 215 Do Pass HR 245 Do Pass Respectfully submitted, /s/ Benefield of the 96th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 13, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below: HB 54 County law libraries; excess funds; grant to certain organizations HB 71 Telephone; certain unsolicited calls; objections HB 105 Crim prosecutions; prohibit cert publications of books & articles HB 183 Criminal records; purge if person arrested but not charged HB 241 Income tax; resident limited partnership; nonresident member HB 274 Psychologists; certain actions; immunity from liability HB 294 Corporations; amend provisions HB 424 Corporations processing credit card data; income apportionment 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 and Resolution of the House and Senate were taken up for consideration and read the third time: HB 461. By Representative Tolbert of the 25th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Commerce," so as to annex certain property into the corporate limits of said municipality. The report 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 2. The Bill, having received the requisite constitutional majority, was passed. SR 43. By Senator Cagle of the 49th: A resolution to extend the life of and change the reporting date for the Gainesville-Hall County Task Force on Governmental Unification created by SR 78 in 1996. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. THURSDAY, FEBRUARY 13, 1997 547 On the adoption of the Resolution, the ayes were 91, nays 2. The Resolution, having received the requisite constitutional majority, was adopted. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 221. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the members of the board of commissioners; to provide that the chairperson of the board of commissioners shall be elected by the members of the board; to repeal provisions relating to the compensation of the members of the board of commissioners. SB 232. By Senator Griffin of the 25th: A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to change the compensation provisions relating to the solicitor-general of the State Court of Baldwin County. SB 233. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate currently in office; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Putnam County. SB 234. By Senator Griffin of the 25th: A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996. SB 235. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Jasper County so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Jasper County. HB 341. By Representatives Hegstrom of the 66th, Henson of the 65th, Mobley of the 69th and others: A bill to amend an Act creating a new charter for the City of Clarkston, so as to change the method by which vacancies are filled in the office of Mayor or Councilman. 548 JOURNAL OF THE HOUSE, SB 19. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others: A bill to amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities. HB 148. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the Alabama-CoosaTallapoosa River Basin Compact. HB 149. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the ApalachicolaChattahoochee-Flint River Basin Compact. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 19. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others: A bill to amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities. Referred to the Committee on Natural Resources & Environment. SB 221. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the members of the board of commissioners; to provide that the chairperson of the board of commissioners shall be elected by the members of the board; to repeal provisions relating to the compensation of the members of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. SB 232. By Senator Griffin of the 25th: A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to change the compensation provisions relating to the solicitor-general of the State Court of Baldwin County. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 13, 1997 549 SB 233. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate currently in office; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Putnam County. Referred to the Committee on State Planning & Community Affairs - Local. SB 234. By Senator Griffin of the 25th: A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996. Referred to the Committee on State Planning & Community Affairs - Local. SB 235. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Jasper County so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Jasper County. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 240. By Representatives Hudson of the 156th and Scott of the 165th: A resolution commending the 1996 Tift County High School Lady Devils Softball Team and inviting the team to appear before the House of Representatives. HR 273. By Representative Dixon of the 150th: A resolution recognizing and commending the Chairman, Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House or Representatives. The following Resolutions of the House were read and referred to the Committee on Rules: HR 290. By Representatives Stancil of the 16th and Pinholster of the 15th: A resolution inviting Mrs. Lynn Weaver, the currently reigning Mrs. North America/All Nations to appear before the House of Representatives. HR 291. By Representative Mills of the 21st: A resolution commending Phil Niekro on being elected to the National Baseball Hall of Fame and inviting him to appear before the House of Representatives. 550 JOURNAL OF THE HOUSE, HR 294. By Representatives Buckner of the 95th, Williams of the 63rd, Trense of the 44th, Smith of the 103rd, Ashe of the 46th and others: A resolution commending Mrs. Barbara Ford and inviting her to appear before the House of Representatives. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 424. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and Smith of the 102nd: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions; 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 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, is amended by striking the introductory language of preceding subparagraph (d)(3)(A) and inserting in its place the following: "(3) Except as otherwise provided in paragraph (3.1) or (3.2) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be arrived at by application of the following three factor formula:". SECTION 2. Said Code section is further amended by adding a new paragraph immediately following paragraph (3.1) of subsection (d), to be designated paragraph (3.2), to read as follows: "(3.2) (A) As used in this paragraph, the term: (i) 'Credit card data processing and related services' shall include, but not be limited to, the provision of infrastructure services for bank credit card and private label card issuers, such as new account application processing, international and domestic clearing, statement preparation, point-of-sale authorization processing, card embossing, and other related processing services for managing cardholder accounts. (ii) 'Customer' means the banks and institutions to whom credit card data processing and related services are provided. (iii) 'Gross receipts factor' means a fraction, the numerator of which is the total gross receipts from the taxpayer's customers during the tax period, if the principal office of the customer's credit card operation is in this state or if the principal office of the taxpayer's customer is in this state, and the denominator of which is the total gross receipts from all of the taxpayer's customers during the tax period. THURSDAY, FEBRUARY 13, 1997 551 (B) Where more than 60 percent of the total gross receipts of a corporation are derived from the provision of credit card data processing and related services to banks and other institutions, the portion of the net income attributable to business done in this state shall be determined by multiplying the corporation's net income by the gross receipts factor in division (iii) of subparagraph (A) of this paragraph;". SECTION 3. 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, 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 substitute, 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 Baker Bannister Barfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Guilders Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YOU Y Dixon, H Y Dixon, S YDobbs Y Dukes Y Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Maddox YMann Y Manning Y Martin, J Martin, J.L YMassey Y McBee McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock Par ham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTUlman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative McCall of the 90th 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. 552 JOURNAL OF THE HOUSE, HB 241. By Representatives Smyre of the 136th, Skipper of the 137th, Buck of the 135th, Harbin of the 113th and Day of the 153rd: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the distributive share of a nonresident member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income. The following Committee substitute was read and adopted: A BILL To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the distributive share of a nonresident member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income; to change certain provisions regarding taxation of partnerships; to change certain provisions regarding withholding tax on certain partnership distributions; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking Code Section 48-7-23, relating to taxation of partnerships, and inserting in its place the following: "48-7-23. The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1986 shall not be allowed. Individuals carrying on business in partnership shall be liable for income tax only in their individual capacity; and each partner shall include in his or her individual return his or her distributive shares, whether distributed or not, of the net income of the partnership for the taxable year except as provided in subsection (c) of Code Section 48-7-24. If the taxable year of a partner is different from that of the partnership, the amount included in a partner's individual return shall be based upon the income of the partnership for the taxable year of the partnership ending with or within the partner's taxable year." SECTION 2. Said chapter is further amended by adding a new subsection at the end of Code Section 48-7-24, relating to certain resident and nonresident partnerships, to be designated subsection (c), to read as follows: "(c) Notwithstanding any other provision of this chapter to the contrary, the distributive share of a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income under this chapter. For purposes of this subsection, a resident limited partnership shall not include a family limited partnership the majority interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of reckoning according to the laws of descent and distribution." SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 48-7-129, relating to withholding tax on certain partnership distributions, and inserting in its place a new paragraph (1) to read as follows: THURSDAY, FEBRUARY 13, 1997 553 "(a)(l) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or credited to members who are not residents of Georgiaj except as provided in subsection (c) of Code Section 48-7-24." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 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 substitute, 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 Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Buck Buckner YBunn Y Burkhalter YByid Y Campbell Y Canty Y Carter YCash Y Channell Y Childere Y Clark YCoan Y Coleman, B Coleman, T Y Cornell Y Cooper 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 Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Maddox YMann Y Manning Y Martin, J Martin, J.L YMassey Y McBee McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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 substitute. Representatives Buck of the 135th and McCall of the 90th 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 Kaye of the 37th moved that that the following Bill of the House be recommitted to the Committee on Industry: 554 JOURNAL OF THE HOUSE, HB 71. By Representatives Murphy of the 18th and Shanahan of the 10th: A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objection to such calls to the Georgia Public Service Commission. On the motion, the roll call was ordered and the vote was as follows: N Alien N Anderson YAshe N Bailey Baker Y Bannister N Barfoot N Barnard N Barries Bates N Benefield N Birdsong Bohannon N Bordeaux N Bradford Breedlove N Bridges N Brooks Y Brown NBuck Buckner Bunn N Burkbalter NByrd Y Campbell Canty N Carter YCash N Channel! N Childers Y Clark YCoan N Coleman, B Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth N Cunnnings Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G NDii N Diion, H N Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans N Everett N Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Manner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Hengon N Holland Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins Johnson Johnston N Jones Y Joyce YKaye YLadd Lakly NLane NLee Lewis NLord Lucas Maddoi YMann Y Manning N Martin, J Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley NMosley Y Mueller N O'Neal On the motion, the ayes were 45, nays 113. The motion was lost. Orrock N Parham NParrish N Parsons Pelote Y Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague NTeper N Thomas NTillman N Titus N Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles N Williams, B Y Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr Representative Walker of the 141st moved that HB 71 be recommitted to the Committee on Industry. The motion prevailed. HB 183. By Representatives Randall of the 127th, Crews of the 78th, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd: A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, 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 or not prosecuted shall be entitled to have any criminal records relative to such case purged. The following Committee substitute was read and adopted: THURSDAY, FEBRUARY 13, 1997 555 A BILL To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that any person who is arrested or indicted or who has had an accusation sworn out against him or her for a crime and who is subsequently released without charge or not prosecuted shall he entitled to have all criminal records exclusively related to such charge, when such charge was not dismissed as part of a plea agreement, purged from the records of the original agency and the Georgia Crime Information Center within a reasonable period of time; to provide procedures; to provide for fees to cover the costs of purging criminal records; to authorize an action in the superior court to have a person's criminal records purged if an agency declines to purge a person's criminal records within a reasonable period of time; to provide for venue; to provide for notice; to provide procedures; to provide that under certain conditions a law enforcement agency shall be required to provide information relative to purged records to other law enforcement agencies and to the individual requesting that such records be purged; 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 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking Code Section 35-3-37, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, and inserting in lieu thereof a new Code Section 35-3-37 to read as follows: "35-3-37. (a) Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this article. (b) The center shall make a person's criminal records available for inspection by tarn such person or his or her attorney upon written application to the center. Should the person or his or her attorney contest the accuracy of any portion of the records, it shall be mandatory upon the center to make available to the person or tas such person's attorney a copy of the contested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, identification, and other related aspects pertinent to access to records may be prescribed by the center. (c) If an individual believes his or her criminal records to be inaccurate or incomplete, he or she may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify the center of such changes. Should the agency decline to act or should the individual believe the agency's decision to be unsatisfactory, the individual or his or her attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his or her residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency having custody or control of disputed record that such appeal has been entered. Should the record in question be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately expunged, modified, or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession, or control of any such record shall promptly cause each and every copy thereof in his or her custody, possession, or control to be altered in accordance with the court's order. Notification of each such deletion, amendment, and supplementary notation shall be promptly disseminated 556 JOURNAL OF THE HOUSE, to any individuals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered. (d) Any person who is arrested or indicted or who has had an accusation sworn out against him or her for a crime and who is subsequently released without charge or not prosecuted shall be entitled to have all criminal records exclusively related to such charge, when such charge was not dismissed as part of a plea agreement, purged from the records of the original agency and the Georgia Crime Information Center within a reasonable period of time. The original agency shall give written notification to any such person stating that the charge has been dismissed or withdrawn or that there will be no prosecution of the case, that such person has the right to request that his or her record be purged, and the process that he or she must undertake to purge such record including the phone numbers and the addresses of the original agency and the center. Upon receiving such notification, any person desiring to have his or her criminal record exclusively related to such charge purged must submit a written request to the original agency. Upon receiving such written request, the original agency shall purge the criminal record of such person with respect to information and other data exclusively relating to such charge within a reasonable period of time. The original agency shall then be required to notify the center of the purging of such criminal records, and the center shall be required to purge its criminal records applicable to such person with respect to information and other data exclusively relating to such charge. Reasonable fees shall be charged by the original agency and the center for the actual costs of the purging of such records, provided that such fees shall not exceed $50.00. Criminal records shall include, but not be limited to, records of arrest, fingerprints, and photographs. Should the agency decline to act within a reasonable period of time, the individual or his or her attorney may file a petition with the superior court of the county of his or her residence or with the superior court in the county where the agency is located, with notice to the agency, to seek an order by the court directing that the subject criminal records be purged by the agency and the center. The court shall conduct a hearing and may order such relief as it finds to be required by law. If the aggrieved person desires, the petition may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency having custody or control of the disputed record that such a petition has been filed. If a person is entitled to have any criminal records relative to his or her case purged as provided in this subsection, the court shall order such records expunged. Each agency or custodian of records in the state with custody, possession, or control of any such record shall promptly cause each and every copy thereof in his or her custody, possession, or control to be deleted in accordance with the court's order. Notification of each deletion of criminal records shall be promptly disseminated to any officer or agency, including the center, to which records in question have been communicated and to the individual whose records have been ordered to be deleted. {d)(e) Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees not to exceed $3.00, or restrictions including fingerprinting as are reasonably necessary to assure the records' security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for inspection of records. {e)(f) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall not apply to proceedings under this Code section. < wnen A discount 19 Allowed on tnc sftie And tPAnstcp of ony executions wnicn include tAxes due tnc stAtC) no port of tnc discount snAii i&e Hpfiuctffi frnrn thn nrtrtinyi ftf thin jjnrpu r>flvnhi1n tc\ thr qtntp nnH fhr nArt inn fif ttif* discount ftppiicQDie vo tftc tflxcs due tnc st&tc snflir DC &DSOPucd oy tnc* county OF municipality. There shaH net fee included ay tet er Week f tax executions -sold ad transferred at a discount ay executions which exceed, er in any number ef- exceuttons &^Ainst tne s&mc pcpson OF cofporfttioft wtticti CXCCCQJ m ptincipfti ftmouftt^ s\7 tions. (2) Whenever th official authorized te seH and- transfer executions at a discount determine!) te de se; a schedule ef- the executions te be se transferred, together withthe Bam* ef- the persen er corporation te whem er te which the executions are te -be tf&nsicPPCd &nd tnc discount TO oc oiiowcdj sn&ii i&c tupnisncd m wntm^ TO TRC OXIICCF charged by law with the dty ef- enforcing the executions te be transferred. Upenreceipt frem the purchaser se designated ef the amount ef- the principal, interest, andeests then dee e the cxccutiona less the discount specified the written netieer the oniccir cncir^cd oy iflw wittt tnc duty 01 cmorcin TRC executions sn&ii tf&nsieF find deliver tie executions te the person er corporation making the payment. !Fhe transfers snftix recite t& tnc considei*fttion tor tne trtinsrep tnc receipt OF tne tuii Amount or cne* tnc flints And powers top entorein. tne executions And collecting tne tuii Amount or tranofcr posaoascd er held by the state, county, eityj ef municipality byj fer? er in the name ef which the executions were issued. The tronafcrcc and- its aucccaaora andoasigna shall be subrogatcd te all ef the rights and powers with respect te the exceutieas pooacaacd by; er which weald thereafter aeerae te; tie state, county, municipal ityjer e% by; fer; er in fee name ef whieh the cxccutiona were iaatted; had ae tronafcr otflcif processj judiciAi of otncrwisef or oy Any SAIC to sAtisty Any prior of Any suose n tnc person A^Ainst wnoift tne sAme were issued resides tR A d11rerent county(' tnen tcp0< n) dciAui't OT Tne rccjuired entry( tnc executions snAii lose tneir lien upon Any property which has been tranafcrrcd ia geed faith and fer a valuable conaidcration befere the eatery and without notice ef the existence ef the cxccutiona. \o/ iNotnin^ done or omitted to i&e done *^y Any otliccr of eof^ioyee of Tfte stAtCj county, eity; er municipality by; fer; er m the name ef which the cxccutiona ae aeld ef the fall amount ef the principal, interest, and ceats de e; and m accordance with scnced oy tnc executions o? desiFin TOP ftny peAson TO pAy sucn tflxes dndii H9C entitled to t*ny credit of oencrit ifon) OP on Account of tne discount Allowed TO tnc tPAnstepec ef the executions. The collection ef the cxccutiona shall net be defeated fer any rease 600 JOURNAL OF THE HOUSE, except upon pfooi tiiflt- trie t&x Acts Dccn p&id of tfiflt trie ppopcrty on winch the tftx was aaacaacd is exempt frem taxation tinder the tews ef this state. (4) Tax executions seW and transferred at a discount in accordance with this aubsee- 4-jf**v flhflll *A4- !,, pr>ffvrf<>H Vyif Tayy witlliTI i"1"ITf*P HI ATitllQ (\f tVtP Hnt.P Af f l->p trnnnf nr er priority ef-Ken ef-the executions or te interfere with the collection of the executions in any manner ether than by levy of the executions. Tax executions sold- and- transferred accordance with this subsection are net subject te the prier notice provision Or 9U DSCC* 1Ott \fl/ Of 11119 VJOQC SOCtlOttJ pPOVlQCu( flOWCV6T t tftftt DOtil tflC UCICnQflRt *H1 iisiicci not 1699 tjifln once ft WCCK t&t wiree WCCKS during trie yu dfty period prior to {eKb) Ne Except as provided in subsection (c), 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 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 mailj and, with respect to single-family residences and duplexes, notified the occupant thereof by first-class mail, of his such person's intention to pay such execution and unless and until 60 days have elapsed since the giving of such notice; or (2) In the event that such notice by certified mail is returned undelivered, such person 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 compliance 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 subdivision thereof. (C) 'Governing authority' means the county governing authority when the tax executions 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 executions 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 collect or transfer such tax executions. (2) Except for transferees who provide 60 days' notice pursuant to paragraph (1) of subsection (b) of this Code section and who purchase such lot blocks of executions for the full, undiscounted principal amount of the executions and interest due thereon, no transferee may, within a single calendar year, pay and have transferred to such transferee 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 resolution 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; FRIDAY, FEBRUARY 14, 1997 601 (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 execution at the time of transfer without any additional fees, penalties, interest, and collection 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 proportion 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 State of Georgia 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 such delinquent taxpayer's execution indicating 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 transfers. Such notice shall be sent by registered mail and shall advise the delinquent taxpayers 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 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 transferor 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 (A) and (B) of paragraph (2) of this subsection are no longer complied with. (4) Upon compliance with bidding requirements provided by law or department regulation, the governing authority shall be authorized to allow a discount of up_ to 10 percent 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 discount 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 execution as if no discount had been allowed. (d) fe 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 ifc 602 JOURNAL OF THE HOUSE, (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 authorieed- and approved by the local governing authority, as eligible for exclusion from transfer of execution; (2) A public hearing has keen heW e the issae ef excluding saeh property freaa eligibility fe* transfer ef execution; and (3) Following the pttfeKe hearing, the governing authority ef- the county or municipality? as applicable, has; its discretion, approved the property fe* exclusion frem transfer ef execution based on a determination that such exclusion is in the best interest 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 execution was issued for the release or satisfaction of such execution more than the the total of: (1) 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 ay ethef eests associated with the filing ef a transferred tax execution e fty general exeetttien docket. (2) Recording fees actually expended in recording the transferred execution on the general execution docket of the county in which the execution was issued and the general execution docket of the county in which the person against whom the execution was issued resides, if different from the county in which the execution was issued. If a discount 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 section, the person against whom such execution was issued may be charged the full face amount of the execution plus interest and recording fees as stated in this subsection. This limitation on the amount charged for release or satisfaction of an execution shall be absolute, and it shall be unlawful to charge any other fees or charges of any kind for such a release or satisfaction. (f) The department may promulgate rules and regulations with respect to the administration 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 regarding 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. 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 YBarfoot Y Barnard YBarnes Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay E DeLoach, B Y DeLoach, G YDix Diion, H Y Dixon, S N Dobbs Dukes Y Ehrhart YEpps Y Evans Y Everett Y Felton Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard FRIDAY, FEBRUARY 14, 1997 603 YHecht NHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Pelote Y Perry Y Pinholster NPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas VRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T E Smith, V Smyre Y Snelling YSnow YStallings Stencil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 152, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 290 Do Pass HR 291 Do Pass HR 294 Do Pass Respectfully submitted, /a/ Lee of the 94th Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 17, 1997. 604 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, February 17, 1997 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 Bailey Bannister Barfoot Barnard Barnes Bates Birdsong Bohannon Bradford Breedlove Bridges Brooks Buck Burkhalter Byrd Campbell Canty Carter Cash CbanneU CbUders Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dii Dixon, H Dixon, S Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin Heard Hecht Hegstrom Holland Hudgens Hudson, N Jackson James Jamieson Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddox Mann Martin, J.L Massey McBee McCall McKinney Mills Mosley Mueller O'Neal Orrock Parrish Parsons Pelote Perry Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Rice Richardson Roberts Rogers Royal Sanders Scarlett Scheid Scott Shanahan Sherrill Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling S tailings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teague Teper Tillman Titus Tolbert Trense Twiggs Walker, L Walker, R.L West Westmoreland Whitaker Wiles Williams, B Williams, R Worthan Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Parham of the 122nd, Lucas of the 124th, Brown of the 130th, Benefield of the 96th, Howard of the 118th, McClinton of the 68th, Heckstall of the 55th, Thomas of the 148th, Day of the 153rd, Henson of the 65th, Reichert of the 126th, Polak of the 67th, Yates of the 106th, Holmes of the 53rd, Hudson of the 120th, Jones of the 71st, Alien of the 117th, Bordeaux of the 151st, Williams of the 83rd, Hugley of the 133rd, Turnquest of the 73rd, Mobley of the 69th, Smyre of the 136th, Snow of the 2nd, Buckner of the 95th and Jenkins of the 110th. They wish to be recorded as present. Prayer was offered by the Reverend C. Benjamin Varnell, Pastor, Nashville United Methodist Church, Nashville, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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 17, 1997 605 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 2. By Representatives Franklin of the 39th and Coan of the 82nd: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer or a foreign corporation or domestic corporation shall not include income which is attributable directly to a capital gain. Referred to the Committee on Ways & Means. HB 28. By Representatives Snelling of the 99th, Parham of the 122nd, Powell of the 23rd, Teague of the 58th, Grindley of the 35th and others: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to change certain provisions relating to persons not to be licensed; to change certain provisions relating to instruction permits and temporary drivers' licenses. Referred to the Committee on Motor Vehicles. HB 601. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relating to the compensation of the commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 602. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city. Referred to the Committee on State Planning & Community Affairs - Local. HB 603. By Representatives Ashe of the 46th, Culbreth of the 132nd, Teper of the 61st and Irvin of the 45th: A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to create the Georgia Water and Sewerage Authority; to create the Georgia Water and Sewerage Authority Overview Committee of the General Assembly. Referred to the Committee on Natural Resources & Environment. 606 JOURNAL OF THE HOUSE, HB 604. By Representatives Dobbs of the 92nd and Lane of the 146th: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that the Department of Natural Resources shall establish a program for accreditation of laboratories performing environmental testing. Referred to the Committee on Natural Resources & Environment. HB 605. By Representatives Polak of the 67th, Mobley of the 69th, McClinton of the 68th, Teper of the 61st, Henson of the 65th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for assessment of points against a driver's license for exceeding the speed limit in a school zone. Referred to the Committee on Motor Vehicles. HB 606. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the qualifications of members of the library board of trustees. Referred to the Committee on State Planning & Community Affairs - Local. HB 607. By Representative Parham of the 122nd: A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to require certain notice prior to the privatization of operations of certain state institutions or programs. Referred to the Committee on State Institutions & Property. HB 608. By Representative Parrish of the 144th: A bill to amend an Act creating a board of commissioners of Emanuel County, so as to change the provisions relating to vacancies. Referred to the Committee on State Planning & Community Affairs - Local. HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd, Buck of the 135th and Skipper of the 137th: A bill to amend Article 3 of Chapter 13 of Title 48 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. Referred to the Committee on Ways & Means. HB 610. By Representatives Hugley of the 133rd, Taylor of the 134th, Martin of the 47th and Dukes of the 161st: A bill to amend Code Section 7-4-18 of the Official Code of Georgia Annotated, relating to criminal penalties for excessive interest, so as to exclude title pawn transactions from the exceptions for pawnbrokers; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change the laws relating to pawnbrokers. Referred to the Committee on Special Judiciary. MONDAY, FEBRUARY 17, 1997 607 HB 611. By Representatives Day of the 153rd, Martin of the 145th, Johnston of the 81st and Pelote of the 149th: A bill to amend Code Section 40-14-6 of the Official Code of Georgia Annotated, relating to the requirement of warning signs when radar speed detection devices are being deployed, so as to provide that no speed detection device warning signs shall be necessary to alert motorists of the use of speed detection devices in reduced speed zones surrounding schools. Referred to the Committee on Motor Vehicles. HB 612. By Representative Shanahan of the 10th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide for a public hearing before a county, city, local authority, or special district contracts for the sale, lease, or management of a landfill or solid waste disposal facility. Referred to the Committee on Natural Resources & Environment. HB 613. By Representatives Day of the 153rd, Martin of the 145th, Johnston of the 81st and Pelote of the 149th: A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals for traffic offenses, so as to provide that in any traffic misdemeanor case in which a defendant has been convicted of or has entered a plea of guilty or nolo contendere to a violation of a speed limit law or ordinance and a fine is to be imposed by the court, the court shall increase the amount of the fine by 100 percent. Referred to the Committee on Special Judiciary. HB 614. By Representative Buckner of the 95th: 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 jurisdiction and authorize the juvenile court to order the payment of funds for the maintenance of juveniles detained after an adjudication of delinquency. Referred to the Committee on Judiciary. HB 615. By Representatives Barnes of the 33rd, Cummings of the 27th, Parham of the 122nd, Lewis of the 14th, Birdsong of the 123rd and others: A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for veterans, so as to change certain provisions relating to a manufacturing fee. Referred to the Committee on Motor Vehicles. HB 616. By Representatives Floyd of the 138th and Hudson of the 156th: 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 Hawkinsville Civitan Club's "Shoot the Bull" barbecue championship as an official Georgia state barbecue championship cookoff. Referred to the Committee on State Planning & Community Affairs. 608 JOURNAL OF THE HOUSE, HB 617. By Representatives Epps of the 131st and Smith of the 102nd: A bill to create and establish the Meriwether County Airport Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 619. By Representative Teper of the 61st: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Public Participation and Enforcement Act of 1997"; to provide for a short title; to provide for a declaration of policy and objectives; to provide for definitions; to provide for duties of the Board of Natural Resources. Referred to the Committee on Natural Resources & Environment. HB 620. By Representative Randall of the 127th: A bill to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-state-bail jumping; to change the penalties for the offense of out-of-state-bail jumping. Referred to the Committee on Special Judiciary. HB 621. By Representatives Sims of the 167th, Shaw of the 176th, Porter of the 143rd, Jamieson of the 22nd, McBee of the 88th and others: A bill to amend Code Section 32-4-23 of the Official Code of Georgia Annotated, relating to the Council on Rural Transportation and Economic Development, so as to authorize activities of the council through March 31, 2000. Referred to the Committee on Transportation. HB 622. By Representatives Sinkfield of the 57th, McKinney of the 51st and O'Neal of the 75th: A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Children and Youth Services to the Department of Juvenile Justice. Referred to the Committee on Children and Youth. HB 623. By Representatives Henson of the 65th, Mobley of the 69th, Hegstrom of the 66th, Ashe of the 46th, Maddox of the 72nd and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the inclusion of bicycle transportation facilities within the definition of the term "other transportation purposes"; to provide for the inclusion of certain railroads and related facilities and operating rights within the definition of the term "public road". Referred to the Committee on Transportation. HB 624. By Representatives Coleman of the 142nd, Whitaker of the 7th, Smith of the 12th, Childers of the 13th, Shanahan of the 10th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to prohibit the operation of certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds unless such vehicles have certain identifying markings, decals, or seals affixed to them. Referred to the Committee on Appropriations. MONDAY, FEBRUARY 17, 1997 609 HB 625. By Representatives Holland of the 157th and Shaw of the 176th: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide for toll-free telephone service between telephones located in the same county, in adjoining counties, or in two counties if the central offices serving such counties are within 25 miles of each other. Referred to the Committee on Industry. HB 626. By Representative Holland of the 157th: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed counties. February 14, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 626. This notice is made prior to or upon reading the bill the first time. /s/ Ray Holland Representative 157th District Referred to the Committee on Ways & Means. HB 627. By Representatives Snow of the 2nd and Joyce of the 1st: A bill to create a board of elections and registration for Walker County and provide for its powers and duties. Referred to the Committee on State Planning & Community Affairs - Local. HB 628. By Representative Bannister of the 77th: A bill to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of motor vehicle certificates of registration, so as to authorize inspection of such records by private detectives licensed by the Georgia Board of Private Detective and Security Agencies. Referred to the Committee on Motor Vehicles. HB 629. By Representative Barnes of the 33rd: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required for such cases to be appealed to the appellate courts, so as to change the provisions relating to appeals in certain domestic relations cases. Referred to the Committee on Judiciary. HB 630. By Representative Barnes of the 33rd: A bill to amend Part 3 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of banks, so as to change the provisions relating to transaction fees charged by operators of automated teller machines. Referred to the Committee on Banks & Banking. 610 JOURNAL OF THE HOUSE, HB 631. By Representative Smith of the 103rd: A bill to amend an Act providing for the Heard County Board of Education, so as to provide a new method of compensating the members of the Heard County Board of Education. Referred to the Committee on State Planning & Community Affairs - Local. HR 297. By Representatives Day of the 153rd, Culbreth of the 132nd, Jamieson of the 22nd and Skipper of the 137th: A resolution creating the Joint Hotel-Motel Tax Study Committee. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 580 ITD OOl HB 582 HB 583 HB 598 HB 599 HB 600 HB 618 HR 289 HR 292 HR 293 Tjrp OQC 29 SB J HR HtrDa 5w K8Q5C HSRR SwS H HBB 55889 HB 590 HB 591 HB 592 HB 594 HB 595 HB 596 HB 597 SQsBcD 11*11*R0" SSBB 113312 SRB 1H1WA a 1&8 SB 166 SB 176 SB 196 SB 218 SR 144 HB 593 Pursuant to Rule 52, Representative Floyd of the 138th moved that the following Bill of the House be engrossed: HB 593. By Representative Floyd of the 138th: A bill to amend Code Section 12-4-72, relating to definitions relative to the "Georgia Surface Mining Act of 1968," so as to provide that borrow pits shall not be regulated as surface mines. The motion prevailed. Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: MONDAY, FEBRUARY 17, 1997 611 Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 221 Do Pass SB 233 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 17, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below: HB 151 Income tax; certain businesses; job tax credits HB 308 Secretary of State; official directory; Archives; Museum HB 321 Subpoenas for certain depositions; attorneys may issue HB 397 Sheriffs; annual training; provisions HB 399 Judgments; actual damages; criminal restitution HB 413 Family violence shelters; disclosure of location; prohibit HB 415 Fire extinguishers; certain firms; license not required HB 506 Juv; cert law enforcement records; maintain same as adult records HB 543 Elections; redefine absentee elector HR 245 "Chet Atkins Parkway"; designate portion of 1-185 Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, M Lee of the 94th Chairman By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time: SB 221. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the members of the board of commissioners; to provide that the chairperson of the board of commissioners shall be elected by the members of the board; to repeal provisions relating to the compensation of the members of the board of commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed. 612 JOURNAL OF THE HOUSE, SB 233. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate currently in office; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Putnam County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 14. By Senator Tysinger of the 41st: 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 authorize manufacturing, processing, selling, possessing, and transporting gaming equipment, devices, and other materials for use in jurisdictions where those equipment and devices are legal. SB 26. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to provide for jurisdiction in the juvenile court for petitions for legitimation; to provide for transfer to the superior court for jury trials regarding visitation or support if requested by either parent. SB 27. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to placement of a child following an order terminating parental rights. SB 80. By Senators Taylor of the 12th, Brown of the 26th, Thomas of the 10th and others: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to enact the "Drug Dealer Liability Act"; to provide a statement of purpose; to define terms; to establish who may bring an action; to provide for a standard of proof; to establish presumptions; to provide for the recovery of damages; to provide for the accrual of an action; to provide for limitations; to provide for joinder under certain circumstances. MONDAY, FEBRUARY 17, 1997 613 SB 120. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract. SB 159. By Senators Land of the 16th, Harbison of the 15th, Clay of the 37th and others: A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to provide for warrantless arrests in cases involving abuse of a vulnerable adult; to define the term vulnerable adult; to provide for education of officers about elder abuse and abuse of vulnerable adults. SB 205. By Senators Clay of the 37th and Johnson of the 1st: A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to simple battery, so as to provide that simple battery committed against a woman who is pregnant at the time of the offense shall be a misdemeanor of a high and aggravated nature. SB 208. By Senators Crotts of the 17th, Madden of the 47th, Price of the 56th and Thomas of the 54th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the regulation of phenylpropanolamine and ephedrin and limit the sale or distribution of such drugs; to provide for penalties and sanctions. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 125. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Hancock County, Georgia. SR 130. By Senator Johnson of the 1st: A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia. SR 148. By Senator Walker of the 22nd: A resolution authorizing the conveyance of certain state owned real property located in Burke County, Georgia. HR 139. By Representative Reichert of the 126th: A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Wiggins Associates and the acceptance of certain real property owned by Wiggins Associates located in Bibb County, Georgia, in consideration therefor. 614 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 14. By Senator Tysinger of the 41st: 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 authorize manufacturing, processing, selling, possessing, and transporting gaming equipment, devices, and other materials for use in jurisdictions where those equipment and devices are legal. Referred to the Committee on Industry. SB 26. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to provide for jurisdiction in the juvenile court for petitions for legitimation; to provide for transfer to the superior court for jury trials regarding visitation or support if requested by either parent. Referred to the Committee on Judiciary. SB 27. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to placement of a child following an order terminating parental rights. Referred to the Committee on Children and Youth. SB 80. By Senators Taylor of the 12th, Brown of the 26th, Thomas of the 10th and others: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to enact the "Drug Dealer Liability Act"; to provide a statement of purpose; to define terms; to establish who may bring an action; to provide for a standard of proof; to establish presumptions; to provide for the recovery of damages; to provide for the accrual of an action; to provide for limitations; to provide for joinder under certain circumstances. Referred to the Committee on Special Judiciary. SB 120. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract. Referred to the Committee on Transportation. MONDAY, FEBRUARY 17, 1997 615 SB 159. By Senators Land of the 16th, Harbison of the 15th, Clay of the 37th and others: A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to provide for warrantless arrests in cases involving abuse of a vulnerable adult; to define the term vulnerable adult; to provide for education of officers about elder abuse and abuse of vulnerable adults. Referred to the Committee on Special Judiciary. SB 205. By Senators Clay of the 37th and Johnson of the 1st: A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to simple battery, so as to provide that simple battery committed against a woman who is pregnant at the time of the offense shall be a misdemeanor of a high and aggravated nature. Referred to the Committee on Special Judiciary. SB 208. By Senators Crotts of the 17th, Madden of the 47th, Price of the 56th and others: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the regulation of phenylpropanolamine and ephedrin and limit the sale or distribution of such drugs; to provide for penalties and sanctions. Referred to the Committee on Health & Ecology. SR 125. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Hancock County, Georgia. Referred to the Committee on State Institutions & Property. SR 130. By Senator Johnson of the 1st: A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia. Referred to the Committee on State Institutions & Property. SR 148. By Senator Walker of the 22nd: A resolution authorizing the conveyance of certain state owned real property located in Burke County, Georgia. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Motor Vehicles: SB 178. By Senators Clay of the 37th, Hooks of the 14th and Thomas of the 54th: 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 Civil War Commission of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program. 616 JOURNAL OF THE HOUSE, By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Banks and Banking and referred to the Committee on Judiciary: SB 143. By Senators Land of the 16th, Broun of the 46th, Cheeks of the 23rd and others: 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 provide that consolidated governments may create land bank authorities; to provide for definitions; to provide for the method of establishment of such authorities by consolidated governments; to provide for transition in the event of consolidation of governments having such an authority. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 151. By Representatives Buck of the 135th, Skipper of the 137th, Jamieson of the 22nd, Royal of the 164th and Culbreth of the 132nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for certain business enterprises in certain less developed areas and for certain manufacturing facilities or support facilities in tier 1 counties. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for certain business enterprises in certain less developed areas and for certain manufacturing facilities or support facilities in tier 1 counties; to authorize the claiming of such credits upon a calendar year basis for certain taxpayers; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding a new Code section immediately following Code Section 48-7-40.11, to be designated Code Section 48-7-40.12, to read as follows: "48-7-40.12. Notwithstanding any provision to the contrary of Code Sections 48-7-40 and 48-7-40.1, business enterprises may make a one-time election to calculate new full-time jobs on a calendar year rather than a taxable year basis for all jobs created during calendar year 1994 and thereafter as compared against the preceding calendar year. Such one-time election may be made by claiming job tax credits in connection with any 1995 state income tax return or amended return that is filed after the effective date of this Code section. Such election will not change the taxable year of the business enterprise." SECTION 2. Notwithstanding any provision of Code Section 1-3-4.1 to the contrary, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. MONDAY, FEBRUARY 17, 1997 617 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner E Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper 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 Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V YSmyre Y Snelling YSnow Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague YTeper Thomas Tfflman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates 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 substitute. Representatives Tillman of the 173rd, Stallings of the 100th and Buckner of the 95th 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 308. By Representatives Royal of the 164th, Hudson of the 156th and Reaves of the 178th: 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 change the publication schedule of an official directory of certain public officers and officials; to change certain provisions regarding the term of office of the director of Department of Archives and History; to change the name of the Georgia State Museum of Science and Industry. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 618 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 245. By Representatives Smith of the 102nd, Epps of the 131st and Brown of the 130th: A resolution designating a portion of Interstate 1-185 as the "Chet Atkins 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 124, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 415. By Representatives Ehrhart of the 36th, Westmoreland of the 104th, Powell of the 23rd and Jones of the 71st: A bill to amend Chapter 12 of Title 25 of the Official Code of Georgia Annotated, so as to provide that no license shall be required for firms which engage only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 413. By Representative Barnes of the 33rd: 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 it is unlawful knowingly to disclose the location of a family violence shelter. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 321 was postponed until tomorrow, February 18, 1997. The following Resolution of the House was read and referred to the Committee on Rules: HR 311. By Representative Jones of the 71st: A resolution commending George Wallace and inviting him to appear before the House of Representatives. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: MONDAY, FEBRUARY 17, 1997 619 HR 290. By Representatives Stand! of the 16th and Pinholster of the 15th: A resolution inviting Mrs. Lynn Weaver, the currently reigning Mrs. North America/All Nations to appear before the House of Representatives. HR 291. By Representative Mills of the 21st: A resolution commending Phil Niekro on being elected to the National Baseball Hall of Fame and inviting him to appear before the House of Representatives. HR 294. By Representatives Buckner of the 95th, Williams of the 63rd, Trense of the 44th, Smith of the 103rd, Ashe of the 46th and others: A resolution commending Mrs. Barbara Ford and inviting her to appear before the House of Representatives. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 506. By Representatives McKinney of the 51st, Walker of the 141st, Franklin of the 39th, Benefield of the 96th, Randall of the 127th and others: A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, 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. The report of the Committee, which was favorable to the 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 Barnard YBaraes Y Bates Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck Buckner E Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y CununingB Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDii Y Dfaran, H Y Duton, S Y Dobbs Y Dukes YEhrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCaU Y McClinton Y McKinney Y Mills N Mobley Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell NRagas Y Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague 620 JOURNAL OF THE HOUSE, YTeper Y Thomas YTfflman Y Titus Y Tolbert Y Trense Tumquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 165, nays 3. The Bill, having received the requisite constitutional majority, was passed. Representatives Epps of the 131st and Buckner of the 95th 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 397. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd, Day of the 153rd and Channell of the lllth: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to provide a statement of legislative intent; to provide for training for new sheriffs; to provide for a course of annual training. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to provide a statement of legislative intent; to provide for training for new sheriffs; to provide for a course of annual training; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, is amended by redesignating subsection (f) of Code Section 15-16-1, relating to qualifications and training requirements for sheriffs, as subsection (e) and by striking in its entirety current subsection (e), which reads as follows: "(e)Annual training. (1) From and after July 1, 1992, no person shall be eligible to hold the office of sheriff unless he or she attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed. (3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (4) Any person who fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such requirement pursuant to paragraph (3) of this subsection shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training MONDAY, FEBRUARY 17, 1997 621 required under this Code section. The probate judge of the county of the sheriffs residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension." SECTION 2. Said article is further amended by striking in its entirety Code Section 15-16-3, relating to the sheriffs' basic training course, and inserting in lieu thereof the following: "15-16-3. (a) Intent. The General Assembly declares it to be the purpose of this Code section to promote the orderly transfer of the law enforcement power of the several counties of this state in connection with the expiration of the term of office of the sheriff and the taking of office of the newly elected sheriff. The interest of the State of Georgia requires that such transitions in the office of the sheriff be accomplished so as to assure continuity in the conduct of the peace-keeping functions of the several counties of this state. Any disruption occasioned by the transfer of the law enforcement power to a person not properly versed and trained in law enforcement and the operations of the office of sheriff is declared to be detrimental to the safety and well-being of the citizens of the several counties of this state and of the entire state. Accordingly, it is the intent of the General Assembly that appropriate training be provided tor required of sheriffs who are newly elected so as to avoid or minimize any disruption in the performance of the duties and responsibilities or the authority of the sheriffs of the several counties of this state. This training shall be generally devoted to contemporary law enforcement, investigation, judicial process, and correction practices and specifically shall be germane to the duties and operational functions of the office of sheriff in the several counties of this state. Further, the purpose of this Code section is to promote professionalism within the office of sheriff by ensuring the highest possible quality of law enforcement training is offered to each sheriff on an annual basis. Accordingly, it is the intent of the General Assembly that appropriate ongoing training be required of all sheriffs. This training shall be generally devoted to contemporary law enforcement, investigation, judicial process, and corrections practices and specifically shall be germane to the duties and operational functions of the office of sheriff in the several counties of this state. (b) Basic training coarse Sheriffs-elect specialized training. Any person elected to the office of sheriff in a county of this state who was not serving in the office ef as a duly elected or appointed sheriff on or before July 1, 1976, may, at his discretion, shall enroll in, attend, and successfully complete a course of sheriffs-elect specialized basic training and instruction for sheriffs as the same shall be established and provided by the Georgia Sheriffs' Association with the assistance of the Georgia Peace Officer Standards and Training Council Georgia Public Safety Training Center. Such course of instruction shall be held every four years at a time to be designated by the Georgia Sheriffs' Association; Dut ppiof to wfliiuflry T wlien sucn newly elected siicpirts t&Ke oiticc. Any newly sheriff who is unable to attend such training course when it is offered because of medical disability or providential cause shall, within one year from the date such disability or cause terminates, complete a course of instruction as determined by the Georgia Sheriffs' Association and approved by the Georgia Peace Officer Standards and Training Council. Any newly elected sheriff who does not fulfill the obligations of this subsection shall lose his or her power of arrest. (c) Compensation. A newly elected sheriff who enrolls in and attends a course of training and instruction as described in subsection (b) of this Code section shall be paid compensation for his or her attendance upon his satisfactory completion ef the eearsc on a weekly basis at the successful completion of each week's training. The compensation shall be paid by the governing body ef- each county whose newly elected sheriff attends fee eetuses ef training and instruction from Georgia Sheriffs' Association using funds appropriated by the state for such purpose te the Georgia Peace Officer Standards and i penning oouncil &nu pflid uy tftc council TO trie ovemin oociy or trie county or trom federal funds available for the such purpose. The compensation shall be in an amount equal to a proportionate part of the annual salary to be received by the newly elected 622 JOURNAL OF THE HOUSE, sheriff k performing the duties ef his effiee the new sheriff of the least populated county in this state for each week spent in attendance at the course of training and instruction. For the purposes of this Code section, five days of training and instruction shall be considered one week. (d) Costs. The cost of training, housing, travel, and meals appropriate to the course of training and instruction shall be paid by the Georgia Sheriffs' Association from state funds appropriated for such purpose or from federal funds available for such purpose iTAO t!h11r1/ lU"l!>rnUrligrliUn T1. V\*nU/\T,L O \Jlfllf\i*rCgiLr kQJjl-/nUnlliU^nUrlHUtSi oCUn1fUl T1 VlUnlilnlilnllpg1 fl^V'UiiUnlrll'illl ^tTT tlVilliUr PLJnlnUr*irgiicn* TJL >U-1l*lC-f-* Academy as ay be made available te those agencies. (e) Annual training. (1) From and after July 1, 1997, no person shall be eligible to hold the office of sheriff unless he or she attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the sheriffs-elect specialized training in accordance with the provisions of this Code section after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the sheriffs-elect specialized training course is completed. (3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (4) Any person who fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such requirement pursuant to paragraph (3) of this subsection shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriffs residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension." SECTION 3. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on 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 substitute, 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 Barnard YBarnes Y Bates Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner E Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Diion, S Y Dobbs Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Y Henson Y Holland MONDAY, FEBRUARY 17, 1997 623 Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandaU YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow S tailings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spin- the passage of the Bill, by substitute, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Buckner of the 95th 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 399. By Representatives Jenkins of the 110th, Randall of the 127th, Barnes of the 33rd, Holland of the 157th, Lee of the 94th and others: A bill to amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to judgments, so as to provide that actual damages arising out of a criminal act shall be designated as criminal restitution. The following amendment was read and adopted: Representative Jenkins of the 110th moves to amend HB 399 as follows: Page 1; Line 15: After the word "restitution" add: , for purposes of determining discharge ability under federal bankruptcy statutes, 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: Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBartoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner E Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes 624 JOURNAL OF THE HOUSE, YEhrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas YTilhnan Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Heard of the 89th and Buckner of the 95th 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 543. By Representatives Holmes of the 53rd, Lee of the 94th, Byrd of the 170th, Connell of the 115th and Skipper of the 137th: 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. The following amendment was read and adopted: The Committee on Governmental Affairs moves to amend HB 543 by striking line 15 of page 1 in its entirety and inserting in lieu thereof the following: "an elector of this state who chooses". By striking line 14 of page 2 in its entirety and inserting in lieu thereof the following: "an elector of the municipality who". The following amendment was read: Representative Irvin of the 45th moves to amend HB 543 as follows: Strike the underlined language starting on line 15, page 1, and ending on line 18, page 1; and on lines 14 through 17, page 2. Reinstate language struck in bill from line 19, page 1, through line 37, page 2. Add after line 6, page 2, and after line 37, page 2, the following: MONDAY, FEBRUARY 17, 1997 625 "(7) Is unable, due to work requirements, to vote in person at his or her polling place on election day". 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 Y Barnard NBarnes Y Bates N Benefield N Birdaong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Buckner E Bunn Y Burkhalter YByrd Y Campbell N Canty N Carter YCash N Channell N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper 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 N Dukes YEhrhart NEpps Y Evans Y Everett Y Pelton N Floyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht NHeckstall Y Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis YLord Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCaU N McClinton N McKinney Y Mills N Mobley Y Mosley Y Muellei N O'Neal Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell N Ragas NRandall Ray N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan Shaw N SherriU Y Shipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L Stanley, P N Taylor N Teague N Teper N Thomas NTiUman Y Titus N Tolbert Y Trense Turnquest N Twiggs N Walker, L Y Walker, R.L N West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 83, nays 87. The amendment was lost. The following amendment was read: Representative Smith of the 19th moves to amend HB 543 by adding "to provide for effective dates;" after the first semicolon on line 5 of page 1. By striking lines 2 and 3 of page 3 and inserting in their places the following: "Only for purposes of promulgating rules and regulations by the State Election Board to reduce fraud in absentee ballots, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective upon the ninety-first day after the Secretary of State certifies in writing that the rules and regulations so promulgated and adopted will reduce fraud in absentee ballots." 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 Y Barnard N Barnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford 626 JOURNAL OF THE HOUSE, Y Breedlove Y Bridges N Brooks Y Brown NBuck Buckner E Bunn Y Burkhalter NByrd Y Campbell N Canty N Carter YCash YChannell N Childere Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cununings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDu N Diion, H N Diion, S N Dobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord Lucas N Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal NOrrock NParham NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NKay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan Shaw N Sherrill YShipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R On the adoption of the amendment, the ayes were 81, nays 92. The amendment was lost. Y Smith, P N Smith, T Y Smith, V N Smyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L Stanley, P N Taylor NTeague NTeper Y Thomas NTilhnan Y Titus Y Tolbert YTrense Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr The following amendment was read: Representative Snelling of the 99th moves to amend HB 543 by striking line 18 of page 1 in its entirety and inserting in lieu thereof the following: "b^ absentee ballot.; All additional costs to counties and municipalities associated with the removal of restrictions on obtaining absentee ballots shall be borne by. the State of Georgia.". By deleting lines 2 through 4 of page 3. 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 Barnard NBarnes N Bates N Benefield NBirdwng YBohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner E Bunn Y Burkhalter NByrd Y Campbell N Canty N Carter YCash Y Channel! N Childere Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper 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 Dizon, S N Dobbs N Dukes Y Ehrhart NEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht NHeckstall N Hegstrom YHenson Y Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddoi YMann MONDAY, FEBRUARY 17, 1997 627 Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall YRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shflnnhan Shaw N Sherrill Y Shipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert Y Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L NWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 83, nays 93. The amendment was lost. Representative Ladd of the 59th moved that the House reconsider its action in failing to adopt the Irvin amendment. On the motion, the roll call was ordered and the vote was as follows: N Alien N Anderson Y Asbe N Bailey N Baker Y Bannister YBarfoot Y Barnard NBarnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner E Bunn Y Burkhalter YByrd Y Campbell N Canty N Carter YCash NChannell N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YOU N DUon, H N Dixon, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht N Heckstall N Hegstrom Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee N Lewis Lord Y Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley Y Mosley Y Mueller N O'Neal On the motion, the ayes were 87, nays 87. The motion was lost. N Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster YPoag NPolak N Ponder N Porter Y Powell N Purcell NRagas NRandaU YRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan Shaw N Sherrill Y Shipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L Stanley, P N Taylor YTeague NTeper N Thomas NTillman Y Titus Y Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, RX NWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr Representative Walker of the 87th moved that HB 543 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: 628 JOURNAL OF THE HOUSE, N Alien N Anderson YAshe N Bailey N Baker Y Bannister NBarfoot Y Barnard NBarnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner E Bunn Y Burkhalter NByrd Y Campbell N Canty N Carter YCash N Channell N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht NHeckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis YLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey N McBee YMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag N Polak N Ponder N Porter Y Powell N PurceU NRagas NRandaU YRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan Shaw N SherriU Y Shipp YSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre Y SneUing NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L Stanley, P N Taylor N Teague N Teper N Thomas NTilhnan Y Titus Y Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L NWest Y Westmoreland N Whitaker Y Wiles Y Williams, B Y WilUams, J Y WilUams, R YWorthan YYates Murphy, Spkr On the motion, the ayes were 83, nays 93. The motion was lost. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson N Ashe Y Bailey Y Baker N Bannister NBarfoot N Barnard YBarnes N Bates Y Benefield Y Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner E Bunn N Burkhalter YByrd N Campbell Y Canty Y Carter NCash Y Channell Y Childers N Clark NCoan N Coleman, B Y Coleman, T Y Connell N Cooper 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 Y Dukes NEhrhart YEpps N Evans N Everett N Felton Y Floyd N Franklin N Golden N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson N Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly NLane YLee N Lewis NLord Lucas Y Maddox NMann N Manning Y Martin, J N Martin, J.L N Massey Y McBee NMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster YPoag Y Polak Y Ponder Y Porter N Powell N PurceU YRagas YRandall NRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid MONDAY, FEBRUARY 17, 1997 629 Y Scott Y Shanahan Shaw YSherrill N Shipp YSims YSinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R N Smith, P Y Smith, T N Smith, V Y Smyre N SneUing Y Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Stanley, P Y Taylor Y Teague Y Taper Y Thomas Y Tillman N Titus N Tolbert N Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y West N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 91, nays 84. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Mueller of the 152nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. 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 543. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Agriculture and Consumer Affairs and referred to the Committee on Health and Ecology: HB 474. By Representatives Mobley of the 69th, Taylor of the 134th, Turnquest of the 73rd, Teague of the 58th, Ragas of the 64th and others: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require hair nets or restraints for certain persons who handle food in food service establishments. Representative Reaves of the 178th District, Chairman of the Committee on Agriculture & 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 293 Do Pass Respectfully submitted, /s/ Reaves of the 178th Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: 630 JOURNAL OF THE HOUSE, HB 255 Do Pass, by Substitute HB 433 Do Pass SB 69 Do Pass, by Substitute Respectfully submitted, /s/ Martin of the 47th Chairman Representative Cummings of the 27th District, Chairman of the Committee on Retirement, 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 recommendations: HB 334 Do Pass, by Substitute HB 348 Do Pass HB 380 Do Pass, by Substitute HB 463 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 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 197 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 18, 1997 631 Representative Hall, Atlanta, Georgia Tuesday, February 18, 1997 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 Bailey Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Burkhalter Byrd CampbeU Canty Carter Cash Channell Childers Clark Coan Coleman, B Cooper Crawford Crews Culbreth Cummings Davis, G DeLoach, B DeLoach, G Diz Dixon, H Dixon, S Dobbs Dukes Ehrhart Everett Felton Floyd Franklin Golden Graves Greene Hammontree Harbin Heard Hecht Heckstall Henson Holland Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson James Jamieeon Johnson Johnston Joyce Ladd Lakly Lane Lewis Lord Maddox Mann Manning Martin, J Martin, J.L Massey McCall Mills Mobley Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Perry Pinholster Poag Ponder Porter Powell Purcell Ragas Ray Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow S tailings Stancil, S Taylor Teague Teper Thomas TUlman Titus Trense Tumquest Twiggs Walker, L Walker, R.L West Westmorland Whitaker Wiles Williams, B Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Connell of the 115th, Lee of the 94th, Kaye of the 37th, Sherrill of the 62nd, Davis of the 60th, Ashe of the 46th, Tolbert of the 25th, Jones of the 71st, Hanner of the 159th, Rogers of the 20th, Grindley of the 35th, McBee of the 88th, Smyre of the 136th, Stanley of the 49th, Stanley of the 50th, Polak of the 67th, Hegstrom of the 66th, Jenkins of the 110th, Epps of the 131st, Williams of the 83rd, Bordeaux of the 151st, Sinkfield of the 57th, Buckner of the 95th, McClinton of the 68th, Reaves of the 178th, Lucas of the 124th and Coleman of the 142nd. They wish to be recorded as present. Prayer was offered by the Reverend Cynthia Taylor, Rector, St. Paul's Episcopal Church, Augusta, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 632 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 632. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the Secretary of State and election superintendents shall reject nominating petition signatures and pages not in conformance with law; to change certain provisions relating to form and submission of such petitions. Referred to the Committee on Governmental Affairs. HB 633. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a mechanism for resignation from and filling of vacancies on boards of counties having no board of elections and in which the judge of probate court is a candidate. Referred to the Committee on Governmental Affairs. HB 634. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain time periods applicable to municipal primaries and elections and to primaries and elections generally include Saturdays, Sundays, and legal holidays. Referred to the Committee on Governmental Affairs. HB 635. 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 change the inclusive dates of notification of intent for write-in candidates for general and special elections conducted under the provisions of such title applicable to primaries and elections generally. Referred to the Committee on Governmental Affairs. HB 636. 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 change the method of determining the distribution of qualifying fees in primaries and elections generally. Referred to the Committee on Governmental Affairs. TUESDAY, FEBRUARY 18, 1997 633 HB 637. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the time of qualification of candidates for presidential elector; to provide that the state executive committee of a party may fill a vacancy in any party nomination; to change provisions relating to the presidential candidate selection committee and the certification of candidates. Referred to the Committee on Governmental Affairs. HB 638. 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 remove the authority of the Secretary of State to designate hearing officers in certain candidate qualification challenge proceedings. Referred to the Committee on Governmental Affairs. HB 639. By Representatives Day of the 153rd, Mueller of the 152nd, Thomas of the 148th, Pelote of the 149th and Dixon of the 150th: A bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. Referred to the Committee on State Planning & Community Affairs - Local. HB 640. By Representatives Jackson of the 112th and Hudson of the 120th: A bill to amend an Act providing for a seven-member Board of Education of McDuffie County, so as to change the provisions relating to compensation of the members of said board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 641. By Representatives Martin of the 145th and Lane of the 146th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bulloch County. Referred to the Committee on State Planning & Community Affairs - Local. HB 642. By Representative Kaye of the 37th: A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate, as such chapter becomes effective on January 1, 1998, so as to enact the "Uniform Transfer on Death Security Registration Act". Referred to the Committee on Judiciary. HB 643. By Representative Tillman of the 173rd: A bill to amend an Act creating the Board of Commissioners of Mclntosh County and to amend an Act creating the Board of Education of Mclntosh County, so as to provide for new commissioner districts; to provide for new education districts. Referred to the Committee on State Planning & Community Affairs - Local. 634 JOURNAL OF THE HOUSE, HB 644. By Representatives Dixon of the 150th, Irvin of the 45th, Sherrill of the 62nd, Lewis of the 14th, Joyce of the 1st and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the official tartan of the State of Georgia. February 17, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 644. This notice is made prior to or upon reading the bill the first time. /a/ Sonny Dixon Representative 150th District Referred to the Committee on State Planning & Community Affairs. HB 645. By Representative Campbell of the 42nd: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide for legislative findings and purposes; to designate certain state owned areas as "dark area preserves"; to provide for rules and regulations relating to outdoor lighting in dark area preserves. Referred to the Committee on Game, Fish & Parks. HB 646. By Representatives Hegstrom of the 66th, Teper of the 61st, Dobbs of the 92nd, Mobley of the 69th, McClinton of the 68th and others: A bill to amend Chapter 11 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of hazardous materials, so as to provide for comprehensive regulation by the Public Service Commission of the transportation of spent nuclear fuel and high level radioactive waste. Referred to the Committee on Transportation. HB 647. By Representatives Dobbs of the 92nd and Lane of the 146th: A bill to amend Code Section 12-13-13 of the Official Code of Georgia Annotated, relating to notification of certain information by owners of underground storage tanks, so as to prohibit the placing of certain substances in certain underground storage tanks. Referred to the Committee on Natural Resources & Environment. HB 648. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Perry of the llth: A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to provide that employees of the Department of Corrections may be assigned to supervise misdemeanor sentences only if a county is otherwise unable to contract for such services. Referred to the Committee on State Institutions & Property. TUESDAY, FEBRUARY 18, 1997 635 HB 649. By Representative Kaye of the 37th: A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate, as such chapter becomes effective on January 1, 1998, so as to provide that provisions in certain instruments providing for nonprobate transfer on death shall be nontestamentary; to provide that this Act shall not limit certain rights. Referred to the Committee on Judiciary. HB 650. By Representatives Martin of the 47th and Ray of the 128th: A bill to amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, so as to clarify distributions to successor trusts; to provide for distributions to successor trusts in specified circumstances; to provide for distributions upon withdrawal or revocation of the donation; to allow more frequent use of trust funds to provide noncash benefits. Referred to the Committee on Judiciary. HB 651. By Representative Mueller of the 152nd: A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses involving dead bodies, so as to provide that a person who is providing care to another person, either on a permanent or temporary basis, shall, upon the death of such person while in such person's care, be required to notify a local law enforcement agency or a relative of such deceased person within six hours of the discovery of the death of such person. Referred to the Committee on Human Relations & Aging. HB 652. By Representative Westmoreland of the 104th: A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to administration of certain chemical tests to motorists, so as to provide for the location where a requested hearing regarding certain suspension of driver's license or disqualification from operation of a motor vehicle shall be held. Referred to the Committee on Motor Vehicles. HB 653. By Representatives DeLoach of the 119th and Anderson of the 116th: A bill to provide a new charter for the City of Blythe. Referred to the Committee on State Planning & Community Affairs - Local. HB 654. By Representative Lord of the 121st: A bill to amend Title 33 of the Official Code of Georgia Annotated, the "Georgia Insurance Code," so as to change provisions relating to health insurance and other forms of health benefits. Mr. Clerk: February 18, 1997 636 JOURNAL OF THE HOUSE, Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 654. This notice is made prior to or upon reading the bill the first time. /s/ Jimmy Lord Representative 121st District Referred to the Committee on Insurance. HB 655. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions regarding the compensation of the judge and solicitor-general of such court. Referred to the Committee on State Planning & Community Affairs - Local. HR 312. By Representatives Hegstrom of the 66th, Orrock of the 56th, Mobley of the 69th, Thomas of the 148th, Hudson of the 120th and others: A resolution relative to an increased distribution of federal moneys out of the military budget to the several states sufficient to meet increased domestic needs. 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 670. By Representatives DeLoach of the 172nd, Irvin of the 45th, Williams of the 83rd and Westmoreland of the 104th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of photographic identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place. Referred to the Committee on Governmental Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 2 HB 28 HB 601 HB 602 HB 603 HB 604 HB 605 HnuHnoRiJ fWebin008a7/ HB 609 HB 610 HB 611 HB 612 HB 613 HB 614 HB 615 HB 616 HB 617 HB 619 HB 620 HB 621 HB 622 HB 623 HTHMTBDRt> 6cTMo92"r74HB 627 HB 628 HB 629 HB 630 HB 631 HR 297 SB 14 TUESDAY, FEBRUARY 18, 1997 637 SB 26 SB 27 SB 80 SB 120 SB 159 SB 205 SB 208 SR 125 SR 130 SR 148 HB 626 Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed: HB 626. By Representative Holland of the 157th: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed counties. 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 following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 254 Do Pass Respectfully submitted, /s/ Birdsong of the 123rd 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 541 Do Not Pass SB 7 Do Pass 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 - 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: 638 JOURNAL OF THE HOUSE, HB 575 Do Pass, by Substitute HB 578 Do Pass HB 582 Do Pass HB 591 Do Pass HB 598 Do Pass HR 82 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 18, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below: HB 293 Criminal trials; oath of witnesses; amend HB 322 Building permits; information relative to certain liens HB 339 Employees' Retirement; qualify for federal tax treatment HB 351 Handicapped persons; rights; service capuchin monkeys HB 418 Ad valorem tax; certain commercial vehicles; separate class HB 459 Ad valorem tax; personal property inventory exemption; waiver HB 546 Elections; voter lists; include certain symbols HR 167 Mitchell County; convey property HR 213 Georgia's children; chance to become healthy adults; Hse commitment 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 were taken up for consideration and read the third time: HB 575. By Representative Barnard of the 154th: A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Tattnall County in nonpartisan primaries and elections. The following Committee substitute was read and adopted: A BILL To provide for the nomination and election of the chief magistrate of the Magistrate's Court of Tattnall County in nonpartisan primaries and elections; to ratify the judicial actions of those serving as Judge of the Small Claims Court of Tattnall County and Chief Magistrate or Magistrate of the Magistrate Court of Tattnall County; to repeal an Act creating and establishing a Small Claims Court for Tattnall County, approved April 17, 1975 (Ga. L. 1975, p. 3684); to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The chief magistrate of the Magistrate Court of Tattnall County who is serving in such office on the effective date of this Act or any person selected to fill a vacancy in such TUESDAY, FEBRUARY 18, 1997 639 office shall continue to serve out such person's term of office, which expires December 31, 2000, and until the election and qualification of a successor. That successor and all future successors to such office shall be nominated and elected in a nonpartisan primary and election immediately preceding the expiration of a term of office as provided in Code Section 21-2-139 of O.C.G.A., and shall serve for terms of office as provided in Code Section 15-10-20 of the O.C.G.A. SECTION 2. The judicial actions of each person who has served as Judge of the Small Claims Court of Tattnall County, Chief Magistrate of the Magistrate Court of Tattnall County, or Magistrate of the Magistrate Court of Tattnall County, from the effective date of an Act creating and establishing a Small Claims Court for Tattnall County, approved April 17, 1975 (Ga. L. 1975, p. 3684), to the effective date of this Act are ratified, notwithstanding any irregularity in the selection, appointment, or election of each such official. SECTION 3. An Act creating and establishing a Small Claims Court for Tattnall County, approved April 17, 1975 (Ga. L. 1975, p. 3684), is repealed in its entirety. SECTION 4. This Act shall become effective on January 1, 1998. 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 substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 103, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 578. By Representatives Floyd of the 138th and James of the 140th: 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. The report 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. HB 582. By Representative Barnard of the 154th: A bill to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Tattnall 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 103, nays 4. The Bill, having received the requisite constitutional majority, was passed. 640 JOURNAL OF THE HOUSE, HB 591. By Representative Perry of the llth: A bill to amend an Act incorporating the Town of Trion, so as to reconstitute the mayor and town council of the Town of Trion and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 598. By Representatives DeLoach of the 172nd, Tillman of the 173rd, Mosley of the 171st and Barnard of the 154th: A bill to amend an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 4. The Bill, having received the requisite constitutional majority, was passed. HR 82. By Representatives Dixon of the 168th and Smith of the 169th: A resolution creating the Waycross-Ware County Charter and Unification 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 4. The Resolution, having received the requisite constitutional majority, was adopted. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 81. By Senators Taylor of the 12th, Brown of the 26th, Hooks of the 14th and others: A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Administrative Procedure Act," so as to provide that an agency shall consider the least costly alternative which complies with the statutory directive in formulating a rule; to authorize agencies to grant variances and waivers from compliance with rules. TUESDAY, FEBRUARY 18, 1997 641 SB 175. By Senators Turner of the 8th, Thompson of the 33rd, Dean of the 31st and others: A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that home equity lines of credit and similar contracts shall not be subject to certain limitations. SB 200. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement. The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House: HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 81. By Senators Taylor of the 12th, Brown of the 26th, Hooks of the 14th and others: A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Administrative Procedure Act," so as to provide that an agency shall consider the least costly alternative which complies with the statutory directive in formulating a rule; to authorize agencies to grant variances and waivers from compliance with rules. Referred to the Committee on State Planning & Community Affairs. SB 175. By Senators Turner of the 8th, Thompson of the 33rd, Dean of the 31st and others: A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that home equity lines of credit and similar contracts shall not be subject to certain limitations. Referred to the Committee on Banks & Banking. SB 200. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement. Referred to the Committee on Public Safety. 642 JOURNAL OF THE HOUSE, 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 543. By Representatives Holmes of the 53rd, Lee of the 94th, Byrd of the 170th, Connell of the 115th and Skipper of the 137th: 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. 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 Y Barnard NBarnes Y Bates N Benefield Birdsong YBohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner E Bunn Y Burkhalter Byrd Y Campbell N Canty N Carter YCash YChannell N Childers Y Clark YCoan Y Coleman, B Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dii N Diion, H N Diion, S NDobbs N Dukes YEhrhart Epps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golden Y Graves NGreene Y Grindley Y Hammontree N Banner Y Harbin N Heard NHecht NHeckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly Lane NLee Y Lewis Lord Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall McClinton McKinney Y Mills N Mobley Mosley Y Mueller N O'Neal On the motion, the ayes were 77, nays 83. The motion was lost. NOrrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell Purcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N SherriU YShipp N Sims Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow NStaUings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper Y Thomas NTillman Y Titus Y Tolbert Y Trense Tumquest N Walker, L Y Walker, R.L NWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Williams, J Williams, R Y Worthan Y Yates Murphy, Spkr Due to a mechanical malfunction, the vote of Representative Williams of the 114th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolution of the House was read and referred to the Committee on Rules: HR 314. By Representative Rogers of the 20th: A resolution commending the athletic, drama, and forensic programs at Gainesville High School and inviting the students and directors to appear before the House of Representatives. TUESDAY, FEBRUARY 18, 1997 643 Representative Walker of the 141st assumed the Chair. Under the general order of business, established by the Committee on Rules, the fol- lowing Bills and Resolutions of the House were taken up for consideration and read the third time: HB 418. By Representatives Jamieson of the 22nd, Buck of the 135th, Coleman of the 142nd, Parrish of the 144th and Greene of the 158th: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to classify certain commercial vehicles as a separate class of property for ad valorem tax purposes. The following Committee substitute was read and adopted: A BILL To amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to classify certain commercial vehicles as a separate class of property for ad valorem tax purposes; to provide for a separate method of returning and valuation of such vehicles; to provide for definitions; to provide for procedures; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by adding a new paragraph immediately following paragraph (1) of Code Section 48-5-440, relating to definitions, to be designated paragraph (1.1), to read as follows: "(1.1) 'Commercial vehicle' means a truck, truck-tractor, trailer, or semitrailer which is a commercial vehicle: (A) Registered or registerable under the International Registration Plan pursuant to Code Section 40-2-88; or (B) Would otherwise be registerable under the International Registration Plan pursuant to Code Section 40-2-88 except that such vehicle is only engaged in intrastate commerce." SECTION 2. Said article is further amended by adding a new subsection at the end of Code Section 48-5-441, relating to classification of motor vehicles and mobile homes as separate classes of tangible property, to be designated subsection (c), to read as follows: "(c) For the purposes of ad valorem taxation, commercial vehicles are classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning commercial vehicles for taxation and for determining the valuation of commercial vehicles shall be exclusive and as provided for in Code Section 48-5-442.1. All other procedures prescribed by this article for the taxation of motor vehicles shall be applicable to the taxation of commercial vehicles." SECTION 3. Said article is further amended by adding a new subsection at the end of Code Section 48-5-442, relating to uniform evaluation of motor vehicles, to be designated subsection (c), to read as follows: "(c) This Code section shall not apply to commercial vehicles." SECTION 4. Said article is further amended by adding a new Code section immediately following Code Section 48-5-442, to be designated Code Section 48-5-442.1, to read as follows: 644 JOURNAL OF THE HOUSE, "48-5-442.1. (a) As used in this Code section, the term: (1) 'Georgia fleet mileage ratio' means a fraction, the numerator of which is the total miles driven in Georgia by all commercial vehicles registered in Georgia under the International Registration Plan pursuant to Code Section 40-2-88, and the denominator of which is the total miles driven within and without Georgia by such commercial vehicles. (2) 'Gross capital cost' means the freight on board, delivered cost of a commercial vehicle to the purchaser of such commercial vehicle but shall not include any excise or use taxes paid as a part of such purchase. (b) The valuation of a commercial vehicle for ad valorem tax purposes shall be determined as follows: (1) The gross capital cost of a commercial vehicle shall be multiplied by a percentage factor representing the remainder of such vehicle's value after depreciation according to a depreciation schedule which the commissioner shall annually prepare and distribute to each of the tax collectors and tax commissioners. Except as provided in paragraph (2) of this subsection, the resulting value of such commercial vehicle shall be assessed at the rate of 40 percent of such value for ad valorem tax purposes in this state. (2) For a trailer, a semitrailer, or a commercial vehicle which is registered in Georgia under the International Registration Plan pursuant to Code Section 40-2-88, the assessment calculated under paragraph (1) of this subsection shall be multiplied by the Georgia fleet mileage ratio. The resulting apportioned value shall be the Georgia assessed value of the commercial vehicle for ad valorem tax purposes in this state." SECTION 5. This Act shall become effective on January 1, 1998. 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 substitute, 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 Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Y Buck YBuckner EBunn YBurkhalter YByrd Y Campbell Y Canty Y Carter YCash Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Lord Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Sherrill Y Shipp TUESDAY, FEBRUARY 18, 1997 645 YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y SneUing Y Snow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Twiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 321. By Representatives Tolbert of the 25th, Barnes of the 33rd, Alien of the 117th and Martin of the 47th: A bill to amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, so as to provide that attorneys may issue such subpoenas under certain conditions. The following Committee substitute was read and withdrawn: A BILL To amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, so as to provide that attorneys may issue such subpoenas 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 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, is amended by striking in its entirety paragraph (1) of subsection (a), and inserting in lieu thereof the following: "(1){AJ The clerk of the superior court of the county in which the action is pending or the clerk of any court of record in the county where the deposition is to be taken shall issue subpoenas for the persons sought to be deposed, upon request. (B) An attorney, as an officer of the court, may issue and sign a subpoena for the person sought to be deposed on behalf of a court in which the attorney is authorized to practice or a court for a venue in which a deposition is compelled by the subpoena, if the deposition pertains to an action pending in a court in which the attorney is authorized to practice. (C) Subpoenas issued pursuant to this paragraph shall be issued and served in accordance with law governing issuance of subpoenas for attendance at court2 except as to issuance by an attorney. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by subsection (b) of Code Section 9-11-26, but in that event the subpoena will be subject to subsection (c) of Code Section 9-11-26; or the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive, or condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things." SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. 646 JOURNAL OF THE HOUSE, SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Tolbert of the 25th, was read and adopted: A BILL To amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, so as to provide that attorneys may issue such subpoenas 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 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, is amended by striking in its entirety paragraph (1) of subsection (a), and inserting in lieu thereof the following: "(l)iAJ The clerk of the superior court of the county in which the action is pending or the clerk of any court of record in the county where the deposition is to be taken shall issue subpoenas for the persons sought to be deposed, upon request. (B) Upon agreement of the parties, an attorney, as an officer of the court, may issue and sign a subpoena for the person sought to be deposed on behalf of a court in which the attorney is authorized to practice or a court for a venue in which a deposition is compelled bjr the subpoena, if the deposition pertains to an action pending in a court in which the attorney is authorized to practice. (C) Subpoenas issued pursuant to this paragraph shall be issued and served in accordance with law governing issuance of subpoenas for attendance at courtj except as to issuance by an attorney. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by subsection (b) of Code Section 9-11-26, but in that event the subpoena will be subject to subsection (c) of Code Section 9-11-26; or the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive, or condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things." SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 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 substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard Y Bames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner E Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channel! Y Childere Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell TUESDAY, FEBRUARY 18, 1997 647 Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y DUon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi Mann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal Orrock YParham YParrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU YPurceU YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 substitute. HB 351. By Representative Teper of the 61st: A bill to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, 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 physically disabled persons and the rights of such persons. The following Committee substitute was read and withdrawn: A BILL To amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, 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 physically disabled persons and the rights of such persons; to prohibit the denial of or interference with admittance to or enjoyment of facilities or the exercise of rights by such persons; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 4 of said title, relating to rights of blind persons, persons with visual disabilities, deaf persons, and physically disabled persons, and inserting in lieu thereof a new Chapter 4 to read as follows: "CHAPTER 4 30-4-1. 648 JOURNAL OF THE HOUSE, As used in this chapter, the term: (1) 'Housing accommodations' means any real property or portion thereof which is used or occupied or intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein. (2) 'Physically disabled person' means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function. 30 4 1 30-4-2. (a) Blind persons, persons with visual disabilities, physically disabled persons, and deaf persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. (b)(l) Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog, and every physically disabled person shall have the right to be accompanied by a service dog or service capuchin monkey, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog or service capuchin monkey: provided, however, that he or she shall be liable for any damage done to the premises or facilities by such deg animal; and provided, further, that the guide dog, service dog, or service capuchin monkey must comply with all state animal health requirements. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing ear, service, or guide dogs. The service capuchin monkey must be identified as having been trained by a school, which has been approved by the Department of Human Resources, for service capuchin monkeys. (1.1)(2) Every person engaged in the training of a guide dog or service dog or service capuchin monkey for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such deg animal being trained as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing ear, service, or guide dogs or service capuchin monkeys. (2) As ased m this Code section, the term 'physically disabled person' moans aay perse; regardless ef age; whe is subject te a physiological defect or deficiency regardless ef- its cause, nature, e* extent that renders the persea unable te aaeve about without tiic fliu of crutcrics; t wiiccicftftiF, OF fliiy otiiGF iown of suppoftj OF iiifli limits itic related function. (c) Every totally or partially blind person or physically disabled person operating a vending stand shall have the right to be accompanied by a trained guide dog or service capuchin monkey in the location of his or her vending operation provided the guide dog or service capuchin monkey remains 25 feet or more from any food] and provided, further, that the guide dog, service dog, or service capuchin monkey must comply with all state animal health requirements. 30-4-3 30-4-3. property er portion thereof which is- used or occupied, e* intended, arranged, e* designed te be uacd e* occupied, as the heme; residence, or sleeping place ef- ene er mere human TUESDAY, FEBRUARY 18, 1997 649 lcds&7 of tUfnisii tor cowipcnsfl110ft HOI more TfitR otic room tliePCin. {b}(a) Blind persons, visually disabled persons, physically disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons. (2) Any pefsen granted rights i b{l} shall have the option of using ft service capuchin monkey lies ef-a service deg- provided that avek service capuchin monkey be identified as having bees trained by a school f-e* service capuchin monkeys. {e)(b) Every totally or partially blind person and every deaf person who has a guide dog or who obtains a guide dog and every physically disabled person who has a service capuchin monkey shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he or she shall not be required to pay extra compensation for such guide dog or service capuchin monkey. However, he or she shall be liable for any damage done to the premises by such guide dog or service capuchin monkey, provided that the guide dog, service dog, or service capuchin monkey must comply with all state animal health requirements. {d)(c) Nothing in this Code section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his or her property in any way or provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf person than for a person who is not so disabled. 30-4-3 30-4-4. Any person, firm, corporation, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person2 physically disabled person, or deaf person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00, or by imprisonment for not more than ten days, or by both such fine and imprisonment." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Teper of the 61st and Childers of the 13th, was read and adopted: A BILL To amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, 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 physically disabled persons and the rights of such persons; to prohibit the denial of or interference with admittance to or enjoyment of facilities or the exercise of rights by such persons; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 4 of said title, relating to rights of blind persons, persons with visual disabilities, deaf persons, and physically disabled persons, and inserting in lieu thereof a new Chapter 4 to read as follows: 650 JOURNAL OF THE HOUSE, "CHAPTER 4 30-4-1. As used in this chapter, the term: (1) 'Housing accommodations' means any real property or portion thereof which is used or occupied or intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein. (2) 'Physically disabled person' means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function. 30-4-4 30-4-2. (a) Blind persons, persons with visual disabilities, physically disabled persons, and deaf persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. (b)(l) Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog, and every physically disabled person shall have the right to be accompanied by a service dog or service capuchin monkey, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog or service capuchin monkey; provided, however, that he or she shall be liable for any damage done to the premises or facilities by such teg animal; and provided, further, that the guide dog, service dog, or service capuchin monkey must comply with all state animal health requirements. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing ear, service, or guide dogs. The service capuchin monkey must be identified as having been trained by a school for service capuchin monkeys which meets standards for such schools which are established or approved by the Department of Human Resources. ftrt>(2) Every person engaged in the training of a guide dog or service dog or service capuchin monkey for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such deg animal being trained as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing ear, service, or guide dogs or service capuchin monkeys. (2) As used i this Code section, the tefm 'physically disabled person' means any pefsea; regardless ef- age; whe is aubjcct te a physiological defect ef deficiency fcgordlcao ef its cause; nature, ef extent that renders the person unable te move about without person s iunction0.1 flDinty to srnouiAtc^ ciimO) descend, sit-j rise, or to pcriOHft fliiy related function. (c) Every totally or partially blind person or physically disabled person operating a vending stand shall have the right to be accompanied by a trained guide dog or service capuchin monkey in the location of his or her vending operation2 provided the guide dog or service capuchin monkey remains 25 feet or more from any foodj and provided, further, that the guide dog, service dog, or service capuchin monkey must comply with all state animal health requirements. 30-4-3 30-4-3. property ef portion thereof which is used ef occupied, er intended, arranged, ef designed TUESDAY, FEBRUARY 18, 1997 651 te be uacd or occupied, as the home; residence, er sleeping pktee ef- ene ef mete human beings bat shall net inehide any single-family residence the occupants ef which tent; lease, or furnish for compensation et asere than one teem therein. {b)(a) Blind persons, visually disabled persons, physically disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons. (2) Any pefsea granted rights i b(l} shall have the option ef- asing- a service capuchin monkey Mew ef a service deg provided that stteh service capuchin monkey be identified as having been trained by a seheel for service capuchin monkeys. feKb) Every totally or partially blind person and every deaf person who has a guide dog or who obtains a guide dog and every physically disabled person who has a service capuchin monkey shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he or she shall not be required to pay extra compensation for such guide dog or service capuchin monkey. However, he or she shall be liable for any damage done to the premises by such guide dog or service capuchin monkey, provided that the guide dog, service dog, or service capuchin monkey must comply with all state animal health requirements. {d}(c) Nothing in this Code section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his or her property in any way or provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf person than for a person who is not so disabled. 30-4-3 30-4-4. Any person, firm, corporation, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind perso^ physically disabled person, or deaf person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00, or by imprisonment for not more than ten days, or by both such fine and imprisonment." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 YBarfoot Y Barnard YBaines Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner EBunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Dixon, H Y Diion, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson 652 JOURNAL OF THE HOUSE, YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y SneUing YSnow Y Stalling: Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Wilhams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. HR 167. By Representative Royal of the 164th: A resolution authorizing the conveyance of certain state owned real property located in Mitchell County. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 128, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 322. By Representative Stancil of the 91st: A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to require that any county or municipal building permit issued in this state shall have certain information printed thereon relative to the possibility that improvements to the property may subject the property to mechanics' and materialmen's liens. The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard YBaraes Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner E Bunn Burkhalter YByrd Y Campbell Y Canty Y Carter Cash Y Channell Y Childere Y Clark Coan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawtord N Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Dixon, S Y Dobbs Y Dukes YEhrhart YEpps N Evans N Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene TUESDAY, FEBRUARY 18, 1997 653 Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom YHenson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee N Lewis YLord Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L NMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman N Titus Y Tolbert Y Trense Y Tumquest NTwiggs Y Walker, L N Walker, R.L Y West Y Westmorland N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, the ayes were 145, nays 21. The Bill, having received the requisite constitutional majority, was passed. HR 213. By Representative Lakly of the 105th: A resolution affirming the commitment of the House of Representatives to principles and actions that give Georgia's children the best chance to become healthy, productive adults. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Anderson Y Ashe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner E Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Council Y Cooper 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 Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F 654 JOURNAL OF THE HOUSE, Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the adoption of the Resolution, the ayes were 170, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 339. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia, application and eligibility for retirement in such system, and related matters, so as to authorize the board of trustees of such retirement system to qualify the retirement system for certain federal tax treatment. The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner EBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Guilders Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Diion, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr HB 459. By Representatives Buck of the 135th, Culbreth of the 132nd, Jamieson of the 22nd, Trense of the 44th and Skipper of the 137th: A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for the tangible personal property inventory exemption, so as to provide for conditions under which such exemption shall be wholly or partially waived for a taxable year. TUESDAY, FEBRUARY 18, 1997 655 The following Committee substitute was read and withdrawn: A BILL To amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for the tangible personal property inventory exemption, so as to provide for conditions under which such exemption shall be wholly or partially waived for a taxable year; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for the tangible personal property inventory exemption, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: "(c)(l) For purposes of this subsection, the term 'file properly' shall mean and include the timely filing of the application and complete schedule of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section. (2) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year? as follows: (A) The failure to report any inventory for which such exemption is sought in the schedule provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and (B) The failure to file timely such application and schedule shall constitute a waiver of the exemption until the first day of the month following the month such application and schedule are filed properly with the county tax assessor: provided, however, that unless the application and schedule are filed on or before June 1. of such year, the exemption shall be waived for that entire year." SECTION 2. This Act shall become effective on January 1, 1998, and shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Culbreth of the 132nd, Buck of the 135th and Lee of the 94th, was read and adopted: A BILL To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide for conditions under which homestead exemptions shall be wholly or partially waived for a taxable year; to provide for conditions under which the tangible personal property inventory exemption shall be wholly or partially waived for a taxable year; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended by striking subsection (a) of Code Section 48-5-45, 656 JOURNAL OF THE HOUSE, relating to applications for homestead exemptions, and inserting in its place a new subsection (a) to read as follows: "(a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before the closing date for the return of ad valorem taxes for the county in which such applicant resides as provided in Code Section 48-5-18 and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before the closing date for the return of ad valorem taxes for the county in which such applicant resides as provided in Code Section 48-5-18 of the year in which exemption from taxation is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year." SECTION 2. Said part is further amended by striking subsection (c) of Code Section 48-5-48.1, relating to applications for the tangible personal property inventory exemption, and inserting in its place a new subsection (c) to read as follows: "(c)(l) For purposes of this subsection, the term 'file properly' shall mean and include the timely filing of the application and complete schedule of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section. (2) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year? as follows: (A) The failure to report any inventory for which such exemption is sought in the schedule provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and (B) The failure to file timely such application and schedule shall constitute a waiver of the exemption until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1. of such year, the exemption shall be waived for that entire year." SECTION 3. This Act shall become effective on January 1, 1998, and shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Baker Y Bannister Y Barfoot Y Barnard YBarnes Y Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner E Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell TUESDAY, FEBRUARY 18, 1997 657 Y Cooper 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 Y Dukes YEauhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCaU Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 293. By Representatives Martin of the 47th, Alien of the 117th, Barnes of the 33rd, Dix of the 76th, Reichert of the 126th and others: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, so as to change the oath administered to witnesses; to eliminate a reference to the charges against the defendant in such oath. The following Committee substitute was read and withdrawn: A BILL To amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to change the oath administered to witnesses; to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, so as to change the oath administered to witnesses; to eliminate a reference to the charges against the defendant in such oaths; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, is amended by striking in its entirety Code Section 15-12-68, relating to the oath of witnesses in criminal cases before the grand jury, and inserting in its place the following: "15-12-68. The following oath shall be administered to witnesses in criminal cases before the grand jury: 658 JOURNAL OF THE HOUSE, 'The evidence you shall give the grand jury on this bill of indictment {or presentment^ as the ease may be) {here state the case) shall be the truth, the whole truth, and nothing but the truth. So help you God.'" SECTION 2. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, is amended by striking in its entirety Code Section 17-8-52, relating to the oath administered to witnesses, and inserting in its place the following: "17-8-52. The following oath shall be administered to witnesses in criminal cases: 'The evidence you shall give to the court and jury upon the trial of this issue between vft& otiflcC Or LjCOF^lft CtHu \fiH9ft& Or Q.CICfluAHt/ 1 WHO IS CHQTCCl WltH ^flCPC StutC Ul crime er offcnac), case shall be the truth, the whole truth, and nothing but the truth. So help you God.'" SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997, and shall apply to all proceedings pending on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Martin of the 47th, was read and adopted: A BILL To amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to change the oath administered to witnesses; to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, so as to change the oath administered to witnesses; to eliminate a reference to the charges against the defendant in such oaths; to clarify that the witness swears or affirms the veracity of the evidence; to provide for the applicability of the perjury statute; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, is amended by striking in its entirety Code Section 15-12-68, relating to the oath of witnesses in criminal cases before the grand jury, and inserting in its place the following: "15-12-68. (a) The following oath shall be administered to witnesses in criminal cases before the grand jury: 'The Do you solemnly swear or affirm that the evidence you shall give the grand jury on this bill of indictment -(or presentment; as the ease may fee) {here state the ease) shall be the truth, the whole truth, and nothing but the trutht? So help you God.' (b) Any oath given that substantially complies with the language in this Code section shall subject the witness to the provisions of Code Section 16-10-70." SECTION 2. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, is amended by striking in its entirety Code Section 17-8-52, relating to the oath administered to witnesses, and inserting in its place the following: "17-8-52. TUESDAY, FEBRUARY 18, 1997 659 (a) The following oath shall be administered to witnesses in criminal cases: 'The Do you solemnly swear or affirm that the evidence you shall give to the court Uld JUTy UpOR trlC tflfu Or tnl8 19SU6 DCtWCCM lllC OtCtLC or \^ COrglU ctXlQ \HLm6 Or defendant), whe is charged with {hefe state the crime t offcnsc), in the matter now pending before the court shall be the truth, the whole truth, and nothing but the truthv? So help you God.' (b) Any oath given that substantially complies with the language in this Code section shall subject the witness to the provisions of Code Section 16-10-70." SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997, and shall apply to all proceedings pending on 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 substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Baker Y Bannister Barfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner E Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper 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 YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates 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. Representative Day of the 153rd 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. 660 JOURNAL OF THE HOUSE, By unanimous consent, HB 546 was postponed until Thursday, February 20, 1997. The following Resolutions of the House were read and adopted: HR 315. By Representatives Martin of the 47th, Polak of the 67th, Hegstrom of the 66th and Orrock of the 56th: A resolution recognizing Tuesday, February 18, 1997, as AIDS Awareness Day. HR 316. By Representative Smith of the 169th: A resolution honoring the Office of the Consulate General of the Federal Republic of Germany. HR 317. By Representative Smith of the 169th: A resolution commending Hank Orberg. HR 318. By Representatives Channell of the lllth, Parrish of the 144th, Parham of the 122nd, Walker of the 141st and Lee of the 94th: A resolution recognizing and commending Pauline Channell Richardson. HR 319. By Representatives Sauder of the 29th, Cooper of the 31st, Shipp of the 38th, Wiles of the 34th, Parsons of the 40th and others: A resolution commending Dr. Betty Lentz Siegel. HR 320. By Representative Greene of the 158th: A resolution expressing regret at the passing of Robert Fleming Burgin, Sr. HR 321. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th and Stancil of the 91st: A resolution commending Dr. Charles B. Knapp. HR 322. By Representative Mills of the 21st: A resolution commending Karen A. Ellis. HR 323. By Representative Mills of the 21st: A resolution commending Tammy Green. Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 309 Do Pass HB 590 Do Pass TUESDAY, FEBRUARY 18, 1997 661 Respectfully submitted, /s/ Holmes of the 53rd Chairman Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 466 Do Pass Respectfully submitted, M Lord of the 121st Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 458 Do Pass, by Substitute HB 553 Do Pass Respectfully submitted, /s/ Martin of the 47th 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 following recommendations: HB 375 Do Pass, by Substitute HB 387 Do Pass HB 451 Do Pass HB 499 Do Pass, by Substitute 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 following recommendations: 662 JOURNAL OF THE HOUSE, HB 428 Do Pass HB 479 Do Pass, by Substitute HB 508 Do Pass Respectfully submitted, /s/ Buck of the 135th Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 20, 1997. THURSDAY, FEBRUARY 20, 1997 663 Representative Hall, Atlanta, Georgia Thursday, February 20, 1997 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 Milton L. Wood, Pastor, First Baptist Church, Social Circle, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 656. By Representatives Parham of the 122nd and Hudson of the 120th: A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase-in period. Referred to the Committee on State Planning & Community Affairs - Local. HB 657. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies. Referred to the Committee on State Planning & Community Affairs - Local. 664 JOURNAL OF THE HOUSE, HB 658. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from concurrent to staggered. Referred to the Committee on State Planning & Community Affairs - Local. HB 659. By Representatives Ray of the 128th, Barnes of the 33rd and Snow of the 2nd: A bill to amend Code Section 40-3-37 of the Official Code of Georgia Annotated, relating to salvaged or rebuilt motor vehicles, so as to change certain provisions relating to issuance of certificates of title for and marking of certain vehicles; to repeal an exemption of motorcycles from certain requirements. Referred to the Committee on Motor Vehicles. HB 660. By Representatives Jackson of the 112th, Harbin of the 113th, Coan of the 82nd and Massey of the 86th: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain property which is owned by and used exclusively as the headquarters or main office of a local chamber of commerce which is an organization qualified as a tax exempt organization under certain federal law. Referred to the Committee on Ways & Means. HB 661. By Representatives Baker of the 70th, Cummings of the 27th and Shanahan of the 10th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system. Referred to the Committee on Retirement. HB 662. By Representatives Howard of the 118th, Alien of the 117th, DeLoach of the 119th, Connell of the 115th, Anderson of the 116th and others: A bill to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to designate the name of the consolidated government as "Augusta, Georgia". Referred to the Committee on State Planning & Community Affairs - Local. HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and Skipper of the 137th: A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designation of state enterprise zones. Referred to the Committee on State Planning & Community Affairs. THURSDAY, FEBRUARY 20, 1997 665 HB 664. By Representatives Crawford of the 129th and Buckner of the 95th: 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 definitions of utility contracting and utility system. Referred to the Committee on Industry. HB 665. By Representative Royal of the 164th: A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the definition of fair market value and provide for additional considerations when determining such value of tangible personal property; to delete certain provisions relating to access to public records of the taxpayer. Referred to the Committee on Ways & Means. HB 666. By Representatives Baker of the 70th, Martin of the 47th and Ashe of the 46th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the provisions relating to acquisitions, dispositions, and awarding of contracts. Referred to the Committee on State Planning & Community Affairs. HB 667. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to increase the homestead exemptions from Fulton County ad valorem taxes for county purposes when the annual increase in assessed value exceeds certain annual cost-of-living or performance increases granted state employees and county officers and to provide for conditions and procedures relating thereto. Referred to the Committee on State Planning & Community Affairs - Local. HB 668. By Representative Golden of the 177th: A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest fire prevention and control, so as to prohibit certain burnings of woods, lands, marshes, or other flammable vegetation within a distance of 100 feet of a building or other structure which is not the property of the person or entity engaging in the burning or for whom the burning is being undertaken. Referred to the Committee on Natural Resources & Environment. HB 669. By Representatives Culbreth of the 132nd, McBee of the 88th and Coan of the 82nd: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to expand the jurisdiction of the juvenile court to all persons under the age of 18. Referred to the Committee on Judiciary. 666 JOURNAL OF THE HOUSE, HB 671. By Representative Ashe of the 46th: A bill to amend Code Section 10-5-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Securities Act of 1973," so as to provide that the term "investment adviser" shall not include a lawyer whose investment advisory services are solely incidental to the practice of law. Referred to the Committee on Judiciary. HB 672. By Representative Ashe of the 46th: A bill to amend an Act re-creating 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 change the manner of selection of the solicitor. Referred to the Committee on State Planning & Community Affairs - Local. HB 673. By Representative Twiggs of the 8th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to change the provisions relating to the training of law enforcement officers in the investigation of family violence incidents. Referred to the Committee on Public Safety. HB 674. By Representatives Channell of the lllth, Royal of the 164th and Jamieson of the 22nd: A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to provide such collection for debts owed to political subdivisions of the state. Referred to the Committee on Ways & Means. HB 675. By Representative McCall of the 90th: A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the terms of the commissioners from concurrent to staggered terms. Referred to the Committee on State Planning & Community Affairs - Local. HB 676. By Representative Hanner of the 159th: A bill to create a board of elections and registration in Webster County. Referred to the Committee on State Planning & Community Affairs - Local. HB 677. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowances and calculation and related matters, so as to change a certain factor. Referred to the Committee on Retirement. THURSDAY, FEBRUARY 20, 1997 667 HB 678. By Representative Cummings of the 27th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to restate certain definitions. Referred to the Committee on Retirement. HB 679. By Representatives Polak of the 67th, Royal of the 164th, Sherrill of the 62nd, Channell of the lllth and Jamieson of the 22nd: A bill to amend Article 3 of Chapter 13 of Title 48 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 provision regarding the levy and collection of such tax; to provide an overall restriction applicable to the aggregate amount of excise taxes and sales and use taxes which may be imposed by a county or municipality. Referred to the Committee on Ways & Means. HB 680. By Representatives Jenkins of the 110th, Dobbs of the 92nd, Teper of the 61st, Polak of the 67th and Jones of the 71st: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relative to eminent domain, so as to provide that compensation received as a result of a condemnation shall not be subject to state income taxation. Referred to the Committee on Judiciary. HR 313. By Representative Greene of the 158th: A resolution compensating Mr. Alfonzo Price. Referred to the Committee on Appropriations. HR 324. By Representative Shanahan of the 10th: A resolution designating the Trail of Tears Highway. Referred to the Committee on Transportation. 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 681. By Representatives Walker of the 141st, Skipper of the 137th, Lee of the 94th, Baker of the 70th, Randall of the 127th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, so as to provide for confinement of certain persons convicted of violating subsection (k) of Code Section 40-6-391. Referred to the Committee on Special Judiciary. HB 682. By Representatives Connell of the 115th, Walker of the 141st, Irvin of the 45th, Smyre of the 136th, Davis of the 48th and others: A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages at publicly owned facilities, so as to authorize such sales at certain university system continuing education centers; to authorize such sales at certain university system athletic facilities under certain circumstances. Referred to the Committee on University System of Georgia. 668 JOURNAL OF THE HOUSE, HB 700. By Representatives Epps of the 131st, Holland of the 157th, James of the 140th, Skipper of the 137th, Buck of the 135th and others: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to provide that such tax may be used for the collection, disposal, and handling of solid waste. Referred to the Committee on Ways & Means. HB 702. By Representatives Stancil of the 16th, Bates of the 179th, Williams of the 83rd, Smith of the 12th, Lewis of the 14th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that absentee ballots and their return envelopes shall bear certain warnings regarding election fraud; to provide for signatures or marks on absentee ballot applications; to provide for the verification of the signature or mark on the oath of absentee elector with said application; to provide for the attestation of signatures on absentee ballots. Referred to the Committee on Governmental Affairs. HB 705. By Representatives DeLoach of the 172nd and Tillman of the 173rd: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of fuel to or use of fuel by licensed commercial fishermen. Referred to the Committee on Ways & Means. HB 706. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd, Thomas of the 148th, Pelote of the 149th 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 change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions. Referred to the Committee on Ways & Means. HB 714. By Representatives Mueller of the 152nd, Day of the 153rd, Snow of the 2nd, Ladd of the 59th, Thomas of the 148th and others: A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to right to equal public accommodations for the handicapped and the right to be accompanied by a guide dog or service dog, so as to delete certain restrictions on the right of totally or partially blind vendors to be accompanied by guide dogs. Referred to the Committee on Industry. HB 726. By Representative Golden of the 177th: 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 by self-employed individuals for health care insurance. Referred to the Committee on Ways & Means. THURSDAY, FEBRUARY 20, 1997 669 By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 632 HB 633 HB 634 HB 635 HB 636 HB 637 HB 638 HtHHrtBBaJ 6C66443A19n HB 642 HB 643 HB 645 HB 646 HB 647 HB 648 HB 649 HB 650 HB 651 HB 652 HB 653 MR 6^*1 T*HHj*TRK"3 at3Q>^11'r29i SB 81 SB 175 SB 200 HB 644 HB 654 Pursuant to Rule 52, Representative Dixon of the 150th moved that the following Bill of the House be engrossed: HB 644. By Representatives Dixon of the 150th, Irvin of the 45th, Sherrill of the 62nd, Lewis of the 14th, Joyce of the 1st and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the official tartan of the State of Georgia. The motion prevailed. Pursuant to Rule 52, Representative Lord of the 121st moved that the following Bill of the House be engrossed: HB 654. By Representative Lord of the 121st: A bill to amend Title 33 of the Official Code of Georgia Annotated, the "Georgia Insurance Code," so as to change provisions relating to health insurance and other forms of health benefits. 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 438 Do Pass Respectfully submitted, M Sinkfield of the 57th Chairman 670 JOURNAL OF THE HOUSE, Representative Porter of the 143rd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 383 Do Pass HB 393 Do Pass, as Amended HB 420 Do Pass, as Amended Respectfully submitted, /a/ Porter of the 143rd 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 following recommendations: HB 416 Do Pass HB 445 Do Pass, by Substitute Respectfully submitted, /s/ Childers of the 13th Chairman Representative Hudson of the 156th 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 recommendations: HB 283 Do Pass HB 431 Do Pass, by Substitute Respectfully submitted, /s/ Hudson of the 156th Chairman Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: THURSDAY, FEBRUARY 20, 1997 671 HB 163 Do Pass, by Substitute HB 239 Do Pass HB 290 Do Pass, by Substitute HR 218 Do Pass Respectfully submitted, M Twiggs of the 8th Chairman Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following 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 407 Do Pass, by Substitute HR 271 Do Pass HR 272 Do Pass HR 289 Do Pass SB 47 Do Pass SB 48 Do Pass SR 125 Do Pass SR 130 Do Pass SR 148 Do Pass Respectfully submitted, M 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 House and has instructed me to report the same back to the House with the following recommendations: HB 490 Do Pass HB 491 Do Pass, by Substitute HB 492 Do Pass, by Substitute Respectfully submitted, M Royal of the 164th Chairman Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 601 Do Pass HB 608 Do Pass HB 631 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman 672 JOURNAL OF THE HOUSE, The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 20, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below: HB 85 Income tax; certain previously taxed income; refundable credits HB 143 Prof engineers and land surveyors; unlawful practices; penalties HB 197 Georgia Suggestion System Act; employee nominations HB 278 Emergency 911; certain performance reports; inspection HB 325 Evidence; authentication; medical reports HB 334 Public retirement systems; certain records; limit public inspection HB 428 Job tax credits; telecommunications; applicability HB 479 Revenue and taxation; certain electronic transfers HR 48 Board of Regents; admissions; urge priority to Georgia residents HR 215 "George W. Ross Highway"; designate Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /a/ Lee of the 94th Chairman The Speaker Pro Tern assumed the Chair. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: By unanimous consent, HB 631 was removed from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local. HB 601. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relating to the compensation of the 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 110, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 608. By Representative Parrish of the 144th: A bill to amend an Act creating a board of commissioners of Emanuel County, so as to change the provisions relating to vacancies. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 2. THURSDAY, FEBRUARY 20, 1997 673 The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 10. By Senator Cheeks of the 23rd: A bill to amend an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members," as amended, so as to provide that membership of boards, commissions, committees, panels, authorities, or other entities shall be appointed by such governing authority without the recommendation of the Richmond County delegation to the General Assembly. HB 411. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. HB 412. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. HB 432. By Representatives Sauder of the 29th, Wiles of the 34th, Barnes of the 33rd and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit. HB 436. By Representatives Carter of the 166th and Shaw of the 176th: A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairperson and members of the board of commissioners. HB 448. By Representative Ponder of the 160th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to provide for staggered terms of office. HB 457. By Representatives Ehrhart of the 36th, Shipp of the 38th, Sauder of the 29th and others: A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court. 674 JOURNAL OF THE HOUSE, SB 28. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," so as to add definitions; to provide for a certificate from the putative father registry as an amendment to petitions seeking termination of the rights of a biological father who is not a legal father. SB 30. By Senator Boshears of the 6th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, 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. SB 57. By Senators Griffin of the 25th, Blitch of the 7th, Boshears of the 6th and others: A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to require certain notice prior to the privatization of operations of certain state institutions or programs. SB 58. By Senators Boshears of the 6th, Balfour of the 9th, Ralston of the 51st and Crotts of the 17th: 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 require fathers of children born out of wedlock to complete and pay for certain fatherhood responsibility programs; to provide for enforcement; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide for a short title; to provide for legislative finding and intent. SB 62. By Senator James of the 35th: A bill to amend Code Section 36-60-3 of the Official Code of Georgia Annotated, relating to the restriction of adult bookstores and movie houses to certain areas, so as to prohibit the location of an adult bookstore or adult movie house within 200 yards of a school building, school grounds, college campus, or church building; to provide for applicability. SB 67. By Senators Taylor of the 12th, Brown of the 26th and Oliver of the 42nd: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1997"; to define the offense of family violence assault; to provide penalties for such offense; to define the offense of family violence aggravated assault; to provide penalties for such offense; to define the offense of family violence simple battery; to provide a penalty for such offense; to provide for minimum periods of imprisonment for certain offenses. THURSDAY, FEBRUARY 20, 1997 675 SB 68. By Senators Henson of the 55th and Stokes of the 43rd: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for a short title; to provide for legislative findings and purpose; to establish the Georgia Youthbuild Program within the Department of Children and Youth Services; to provide for the authority, duties, and powers of the Department of Children and Youth Services with respect to the Youthbuild Program. SB 78. By Senators Oliver of the 42nd, Ralston of the 51st, Kemp of the 3rd and others: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to provide that the court shall sit in four divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges. SB 90. By Senators Taylor of the 12th, Brown of the 26th, Walker of the 22nd and others: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for eligibility for compensation of victims of certain crimes committed outside the state; to change definitions; to change the time period for filing a claim; to provide for the ineligibility of victims while they are delinquent in paying fines, other monetary penalties, or restitution imposed for conviction of certain offenses. SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and Bowen of the 13th: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the definition of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions. SB 111. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located. SB 117. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to provide for the indemnification of state highway employees with respect to death or permanent disability; to change certain provisions relating to definitions of terms. 676 JOURNAL OF THE HOUSE, SB 118. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Code Section 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the "Georgia Rail Passenger Authority Law," so as to redefine the term "project". SB 121. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for motor vehicles relative to speed restrictions, so as to change certain provisions relating to speed limits in construction sites. SB 138. By Senators Walker of the 22nd, Henson of the 55th, Boshears of the 6th and others: 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 other health care facilities, so as to prohibit denial of staff privileges on the basis of certain licenses, certifications, specialties, and membership. SB 155. By Senators Taylor of the 12th, Madden of the 47th, Hill of the 4th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs. SB 173. By Senator Starr of the 44th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the training and employment of peace officers, so as to change the designation of certain bomb technicians; to provide for mutual aid agreements; to exempt certain training and technical materials relating to bombs and explosives from public disclosure except in limited circumstances. SB 184. By Senators Ray of the 48th, Tanksley of the 32nd and Oliver of the 42nd: A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that the probate court or superior court may direct a guardian of the person to exercise the powers of the principal under a health care agency. SB 199. By Senators Clay of the 37th and Lamutt of the 21st: 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. THURSDAY, FEBRUARY 20, 1997 677 SB 214. By Senators Boshears of the 6th, Thompson of the 33rd, Johnson of the 2nd and Blitch of the 7th: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for treatment and certain referrals and failure to make those referrals. HB 188. By Representatives Royal of the 164th, Murphy of the 18th, Connell of the 115th and others: A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change provisions relating to effective dates of Acts affecting local revenues or expenditures; to specify what types of Acts shall be subject to such requirements. The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 47. By Representatives Murphy of the 18th, Lee of the 94th, Connell of the 115th and others: A resolution authorizing the hanging of a portrait of James A. Kaufmann, M.D. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 10. By Senator Cheeks of the 23rd: A bill to amend an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members," as amended, so as to provide that membership of boards, commissions, committees, panels, authorities, or other entities shall be appointed by such governing authority without the recommendation of the Richmond County delegation to the General Assembly. Referred to the Committee on State Planning & Community Affairs - Local. SB 28. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," so as to add definitions; to provide for a certificate from the putative father registry as an amendment to petitions seeking termination of the rights of a biological father who is not a legal father. Referred to the Committee on Judiciary. SB 30. By Senator Boshears of the 6th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, 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. Referred to the Committee on State Planning & Community Affairs. 678 JOURNAL OF THE HOUSE, SB 57. By Senators Griffin of the 25th, Blitch of the 7th, Boshears of the 6th and others: A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to require certain notice prior to the privatization of operations of certain state institutions or programs. Referred to the Committee on Rules. SB 58. By Senators Boshears of the 6th, Balfour of the 9th, Ralston of the 51st 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 require fathers of children born out of wedlock to complete and pay for certain fatherhood responsibility programs; to provide for enforcement; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide for a short title; to provide for legislative finding and intent. Referred to the Committee on Judiciary. SB 62. By Senator James of the 35th: A bill to amend Code Section 36-60-3 of the Official Code of Georgia Annotated, relating to the restriction of adult bookstores and movie houses to certain areas, so as to prohibit the location of an adult bookstore or adult movie house within 200 yards of a school building, school grounds, college campus, or church building; to provide for applicability. Referred to the Committee on Judiciary. SB 67. By Senators Taylor of the 12th, Brown of the 26th and Oliver of the 42nd: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1997"; to define the offense of family violence assault; to provide penalties for such offense; to define the offense of family violence aggravated assault; to provide penalties for such offense; to define the offense of family violence simple battery; to provide a penalty for such offense; to provide for minimum periods of imprisonment for certain offenses. Referred to the Committee on Special Judiciary. SB 68. By Senators Henson of the 55th and Stokes of the 43rd: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for a short title; to provide for legislative findings and purpose; to establish the Georgia Youthbuild Program within the Department of Children and Youth Services; to provide for the authority, duties, and powers of the Department of Children and Youth Services with respect to the Youthbuild Program. Referred to the Committee on Children and Youth. THURSDAY, FEBRUARY 20, 1997 679 SB 78. By Senators Oliver of the 42nd, Ralston of the 51st, Kemp of the 3rd and others: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to provide that the court shall sit in four divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges. Referred to the Committee on Judiciary. SB 90. By Senators Taylor of the 12th, Brown of the 26th, Walker of the 22nd and others: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for eligibility for compensation of victims of certain crimes committed outside the state; to change definitions; to change the time period for filing a claim; to provide for the ineligibility of victims while they are delinquent in paying fines, other monetary penalties, or restitution imposed for conviction of certain offenses. Referred to the Committee on Special Judiciary. SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and others: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the definition of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions. Referred to the Committee on Special Judiciary. SB 111. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located. Referred to the Committee on Regulated Beverages. SB 117. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to provide for the indemnification of state highway employees with respect to death or permanent disability; to change certain provisions relating to definitions of terms. Referred to the Committee on Public Safety. 680 JOURNAL OF THE HOUSE, SB 118. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Code Section 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the "Georgia Rail Passenger Authority Law," so as to redefine the term "project". Referred to the Committee on Transportation. SB 121. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for motor vehicles relative to speed restrictions, so as to change certain provisions relating to speed limits in construction sites. Referred to the Committee on Motor Vehicles. SB 138. By Senators Walker of the 22nd, Henson of the 55th, Boshears of the 6th and others: 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 other health care facilities, so as to prohibit denial of staff privileges on the basis of certain licenses, certifications, specialties, and membership. Referred to the Committee on Health & Ecology. SB 155. By Senators Taylor of the 12th, Madden of the 47th, Hill of the 4th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs. Referred to the Committee on Insurance. SB 173. By Senator Starr of the 44th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the training and employment of peace officers, so as to change the designation of certain bomb technicians; to provide for mutual aid agreements; to exempt certain training and technical materials relating to bombs and explosives from public disclosure except in limited circumstances. Referred to the Committee on Public Safety. SB 184. By Senators Ray of the 48th, Tanksley of the 32nd and Oliver of the 42nd: A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that the probate court or superior court may direct a guardian of the person to exercise the powers of the principal under a health care agency. Referred to the Committee on Judiciary. THURSDAY, FEBRUARY 20, 1997 681 SB 199. By Senators Clay of the 37th and Lamutt of the 21st: 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. Referred to the Committee on Special Judiciary. SB 214. By Senators Boshears of the 6th, Thompson of the 33rd, Johnson of the 2nd and others: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for treatment and certain referrals and failure to make those referrals. Referred to the Committee on Health & Ecology. The following Resolutions of the House were read and adopted: HR 325. By Representatives Snow of the 2nd, Murphy of the 18th, Joyce of the 1st and Perry of the llth: A resolution recognizing the Walker County Leadership Class of 1997 and inviting members of the Leadership Class of 1997 to the House of Representatives. HR 327. By Representative Burkhalter of the 41st: A resolution commending the Georgia Chapter of the Arthritis Foundation and designating March 4, 1997, as "Arthritis Awareness Day". HR 328. By Representative Hammontree of the 4th: A resolution commending and congratulating Bettye and Gordon Leonard on their 50th wedding anniversary. HR 329. By Representatives Mueller of the 152nd, Day of the 153rd, Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st and others: A resolution recognizing and commending Professor Anne Lester Hudson. HR 330. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution commending Mrs. Dorothy Edwards Kennedy. HR 331. By Representative Pelote of the 149th: A resolution honoring William J. Benyard. HR 332. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution recognizing and commending Reverend Lexcie E. Aiken. HR 333. By Representatives Mills of the 21st, Yates of the 106th, Smith of the 102nd, Walker of the 87th, Kaye of the 37th and others: A resolution recognizing and commending Honorable Forrest Hood James, Jr. 682 JOURNAL OF THE HOUSE, HR 334. By Representatives Ray of the 128th, Connell of the 115th, Hudson of the 156th, Murphy of the 18th, Walker of the 141st and others: A resolution recognizing and commending Jim Groome. HR 335. By Representative Tolbert of the 25th: A resolution commending Josh Smith of the Commerce High School wrestling team. HR 336. By Representative Tolbert of the 25th: A resolution commending Jason Blalock of the Jackson County Comprehensive High School wrestling team. HR 337. By Representative Tolbert of the 25th: A resolution commending David Savadge of the Jackson County Comprehensive High School wrestling team. HR 338. By Representatives Channell of the lllth and Parham of the 122nd: A resolution commending Becky Avant, Wendy Cory, and Hollie Key. HR 339. By Representatives Pelote of the 149th, Bordeaux of the 151st and Thomas of the 148th: A resolution congratulating the Reverend Herbert Joseph Carey, Master of Divinity, on his installation as pastor of First Congregational Church, United Church of Christ of Savannah, Georgia. HR 340. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending Penny Walker as Rockdale County Teacher of the Year. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 85. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and Royal of the 164th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to provide for refundable credits with respect to previously taxed income which is subsequently repaid by the taxpayer. The report of the Committee, which was favorable to the 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 YAshe Y Bailey Y Baker Bannister Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell THURSDAY, FEBRUARY 20, 1997 683 Y Canty Y Carter YCash YChanneU YChilden Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y CurmningB Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDii Y Diion, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree Y Banner Y Harbin Y Heard YHecht Y Heckstall Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal Orrock YParham Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scailett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P E Smith, T On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was Smith, V Y Smyre Y Snelling Snow Stallings Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Tolbert YTrense Turaquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles E WiUiams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr Representatives Stancil of the 91st 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. HB 334. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to limit public inspection of certain records maintained by certain public retirement systems; to provide that certain such records shall not be subject to public disclosure. 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 limit public inspection of certain records maintained by certain public retirement systems; to provide that certain such records shall not be subject to public disclosure; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 inserting at the end thereof the following: 684 JOURNAL OF THE HOUSE, "47-1-14. (a) As used in this Code section, the term 'retirement system' means any public retire- ment system created by this title. (b) Any other provision of law to the contrary notwithstanding, the following records maintained by a retirement system are exempted from being open to inspection by the general public: (1) Records containing wiring or automated clearing house transfer of funds instruc- tions or access codes; (2) Records containing bank account numbers; (3) All proprietary computer software; and (4) Any business, financial, or personal information in the possession of such retirement system concerning a party other than such retirement system. (c) Any other provision of law to the contrary notwithstanding, the following records maintained by a retirement system are exempted from being open to inspection by the general public for a period of one year from the date such records were created: (1) Records containing investment advice rendered by any investment advisor or retirement system employee; (2) Exhibits to minutes of retirement system board meetings or investment committee board meetings which contain securities trading information; (3) Securities trade tickets, confirmations, and other records pertaining to securities trades; and (4) Records which contain proposed terms of sale for real property owned by a retirement system; provided, however, that the records defined in this paragraph shall be subject to disclosure at any time after the sale of real property is consummated. (d) Any other provision of law to the contrary notwithstanding, the following records maintained by a retirement system are exempted from being open to inspection by the general public until the end of the calendar quarter following the calendar quarter in which the record is created: (1) Records which contain information relating to the investment portfolio composition and positions; and (2) Exhibits to minutes of retirement system board meetings or investment committee board meetings which contain information relating to investment portfolio composition and positions. (e) The provisions of subsections (b), (c), and (d) of this Code section shall not restrict access to records: (1) By an employee of a retirement system in the course of his or her official duties; (2) Subject to subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings in which the state or a retirement system is a party; (3) In criminal prosecutions or other criminal actions brought by state or federal law enforcement authorities; (4) Given to federal or state regulatory or law enforcement agencies in the course of their official duties; or (5) Given to the Attorney General and the Department of Law, the Office of Planning and Budget, or the state auditor and the Department of Audits and Accounts for use and public disclosure in the ordinary performance of those officers' and offices' duties." SECTION 2. Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, is amended by striking the word "and" at the end of paragraph 6; by striking the symbol "." at the end of paragraph 7 and inserting in lieu thereof the symbol and word "; and"; and by inserting immediately following paragraph 7 the following: "(8) Meetings of the board of trustees or the investment committee of any public retirement system created by Title 47 when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition." THURSDAY, FEBRUARY 20, 1997 685 SECTION 3. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cuminings Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDix Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal Orrock Y Parham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P E Smith, T Smith, V YSmyre Y Snelling YSnow S tailings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Trense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Y Worthan 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 substitute. Representative Stallings of the 100th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HR 215. By Representative Poag of the 6th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. 686 JOURNAL OF THE HOUSE, On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon Y Ashe Y Bailey Baker Bannister YBarfoot Y Barnard YBames Y Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDix Diion, H Y DUon, S Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton Ployd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Smith, V YSmyre Y Snelling YSnow Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representative Stallings of the 100th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 197. By Representatives Sherrill of the 62nd and Smith of the 175th: A bill to amend Chapter 31 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Suggestion System Act," so as to provide for nominations of state employees and awards for such nominees in certain circumstances. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings THURSDAY, FEBRUARY 20, 1997 687 Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDii Y Diion, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton Y Floyd Y Franklin Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoz YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham YParrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw YSherrUl YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Smith, V YSmyre YSnelling YSnow YStalUngs Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland YWhitaker Y Wiles E Williams, B Y Williams, J Y Williams, R YWorthan 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. The Speaker assumed the Chair. HB 428. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change a definition regarding job tax credits; to change provisions regarding tax credits and optional tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1, 2, and 3 counties. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childera Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y CununinK8 Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YOU Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Evans Y Everett E Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee McCall Y McClinton Y McKinney Y Mills Y Mobley 688 Y Mosley Y MueUer Y O'Neal Y Orrock YParham Y Punish Y Parsons Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell JOURNAL OF THE HOUSE, Y Purcell YRagas YRandaU YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Whitaker Y Wiles E Williams, B Williams, J Y Williams, R Y Worthan 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 143. By Representative Harbin of the 113th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for increased penalties for unlawful practice as a professional engineer or land surveyor. The report of the Committee, which was favorable to the 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 Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner NBunn Burkhalter YByrd Campbell Y Canty Y Carter YCanh Y Channell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDk Diion, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Evans Y Everett E Felton Y Floyd N Franklin Y Golden Y Graves Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamie&on Y Jenkins Y Johnson Y Johnston Y Jones N Joyce Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster NPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C On the passage of the Bill, the ayes were 148, nays 10. Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Trense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland N Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr THURSDAY, FEBRUARY 20, 1997 689 The Bill, having received the requisite constitutional majority, was passed. HB 325. By Representatives Bordeaux of the 151st, Davis of the 60th and Alien of the 117th: A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports; to provide for admissibility of such medical reports; to provide for objections and cross-examination; to provide for presentation of medical narratives to the jury; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, is amended by adding a new Code section at the end thereof to read as follows: "24-7-10. (a) Upon the trial of any civil case involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed medical doctor, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, or marriage and family therapist shall be admissible and received in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests or examinations, including the basis therefor, by the person signing the report, the same as if that person were present at trial and testifying as a witness; provided, however, that such report and notice of intention to introduce such report must first be provided to the adverse party at least 60 days prior to trial. A statement of the qualifications of the person signing the report may be included as part of the basis for providing the information contained therein, and the opinion of the person signing the report with regard to the etiology of the injury or disease may be included as part of the diagnosis. Any adverse party may object to the admissibility of any portion of the report within 15 days of being provided with the report. Further, any adverse party shall have the right to cross-examine the person signing the report and provide rebuttal testimony. The party tendering the report may also introduce testimony of the person signing the report for the purpose of supplementing the report or otherwise. (b) The medical narrative shall be presented to the jury as depositions are presented to the jury and shall not go out with the jury as documentary evidence." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Reichert of the 126th moves to amend the Committee substitute to HB 325 as follows: Page 1, line 17 after the word "disease," insert 690 JOURNAL OF THE HOUSE, "in which the total damages claimed are $25,000.00 or less,". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Andereon YAshe Y Bailey N Baker Y Bannister YBarfoot Y Barnard NBarnes Y Bates Y Benefield Y Bird/song Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn Burkhalter YByrd Campbell Y Canty Y Carter NCasb N Channel! N Childen N Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper N Crawford Y Crews Culbreth Y Cummings Y Davis, G Davis, M YDay Y DeLoach, B Y DeLoach, G NDix N Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton NFloyd Y Franklin Golden Y Graves Greene Y Grindley N Hammontree Y Manner Y Harbin Y Heard YHecht Hecks tall YHegstrom N Henson N Holland Y Holmes Howard Y Hudgens N Hudson, H Y Hudson, N N Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly NLane YLee Y Lewis Lord Y Lucas N Maddox Mann Y Manning Martin, J Y Martin, J.L Massey YMcBee YMcCall N McClinton McKinney N Mills N Mobley Y Mosley MueUer YO'Neal NOrrock NParham Y Parrish Y Parsons Pelote Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell NRagas NRandall YRay Y Reaves Y Reichert YRice N Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder N Scarlett Y Scheid Y Scott Shanahan NShaw Sherrill YShipp YSims Sinkfield Y Skipper Smith, C On the adoption of the amendment, the ayes were 114, nays 40. The amendment was adopted. N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T N Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Taylor NTeague NTeper N Thomas YTillman Y Titus Y Tolbert Y Trense N Tumquest YTwiggs Y Walker, L Y Walker, R.L N West N Westmorland Y Whitaker Y WUes E Williams, B Williams, J Y Williams, R YWorthan 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 substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck N Buckner YBunn Burkhalter YByrd Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dukes YEhrhart YEpps Y Evans Y Everett E Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammonl Hanner Y Harbin Y Heard Y Hecht Hecks tall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson THURSDAY, FEBRUARY 20, 1997 691 Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi Mann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock Y Parham YParrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y SherriU YShipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTfflman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles E Williams, B Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Mann of the 5th and Davis of the 60th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. The following Senate substitute was read: A BILL To amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the "General Appropriations Act", approved April 25, 1996 (Ga. L. 1996, p. 1529), so as to change certain appropriations for the State Fiscal Year 1996-1997; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 1996-1997, as amended, known as the "General Appropriations Act" approved April 25, 1996 (Ga. L. 1996, p. 1529), is further amended by striking everything following the enacting clause through Section 64, 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, 1996, and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $10,500,000,000 (excluding the indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997. 692 JOURNAL OF THE HOUSE, PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly ..........................................................$ Personal Services - Staff ...........,....................................................$ Personal Services - Elected Officials............................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................$ Capital Outlay .................................................................................$ Per Diem Differential.....................................................................$ 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....................................................................! 26.278.571 13,982,258 3,840,461 2,639,647 98,000 7,000 0 585,000 232,000 475,000 5,000 650,500 145,980 2,394,925 90,000 1,132,800 26,278,571 26,278,571 Senate Functional Budgets Total Funds State Funds Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total 4,107,790 658,038 1.191,350 5,957,178 4,107,790 658,038 1,191,350 5,957,178 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 $ 10,634,940 $ 553,080 $ 1.413,794 $ 12,601,814 10,634,940 553,080 1,413,794 12,601,814 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total $ 2,781,605 $ 2,152,611 $ 1,006,538 $ 1,401,672 $ 377,153 $ 7,719,579 $ 2,781,605 2,152,611 1,006,538 1,401,672 377,153 7,719,579 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 Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the THURSDAY, FEBRUARY 20, 1997 693 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 notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................? 20,625,494 16,470,396 602,030 575,000 268,695 15,000 895,000 58,225 1,579,000 162,148 20,625,494 20,625,494 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....................................................................? 85.838.558 12,314,773 70,476,312 2,325,110 1,346,564 26,240 300,000 683.800 87,472,799 85,838,558 Judicial Branch Functional Budgets Total Funds State Funds 694 JOURNAL OF THE HOUSE, 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 Commissions Georgia Office of Dispute Resolution Total $ 6,641,102 $ 8,004,049 $ 35,735,637 $ 27,798,196 $ 1,093,172 $ 758,378 $ 2,026,094 $ 168,197 $ 3,000,000 $ 1,998,906 $ 249.068 $ 87,472,799 6,015,631 7,954,049 35,667,637 26,907,426 1,093,172 758,378 2,026,094 168,197 3,000,000 1,998,906 249.068 85,838,558 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....................................................................! 42.126.890 50,932,252 13,051,106 434,831 696,459 1,608,195 11,737,692 3,586,862 4,134,175 3,036,876 11,796,710 0 2,972,744 550,000 540,699 60,183,280 929,406 21,000,000 550,000 85,000 48,500 85,000 187,959,787 42,126,890 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 2,440,977 2,232,092 12,701,985 530,934 3,061,819 683,232 20,919,779 47,343,191 4,627,673 $ 1,662,773 2,100,905 9,727,188 530,934 3,061,819 0 0 14,069,599 0 THURSDAY, FEBRUARY 20, 1997 695 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 ? 76,288,305 ? 3,363,509 ? 2,691,230 ? 1,309,330 ? 4,344,516 ? 668,788 ? 0 ? 1,092,425 ? 3.660,002 ? 187,959,787 ? 5,850,000 ? 0 ? 0 ? 0 $ 550,000 ? 668,788 ? 0 ? 519,051 ? 3.385.833 ? 42,126,890 B. Budget Unit: Georgia Building Authority....................................? Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Utilities.............................................................................................? Contractual Expense.......................................................................? Facilities Renovations and Repairs..............................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................? 0 22,260,369 13,236,589 12,000 268,000 452,400 110,100 15,071 228,970 405,000 550,000 0 0 0 37,538,499 0 Departmental Functional Budgets Total Funds State Funds Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total ? 2,035,634 ? 0 ? 5,475,952 ? 0 ? 4,453,839 ? 0 ? 6,785,722 ? 0 ? 382,451 ? 0 ? 4,097,175 ? 0 ? 12,927,239 ? 0 ? 451,635 ? 0 ? 928,852 ? 0 ? 37,538,499 ? 0 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.......................................................................? Per Diem, Fees and Contracts......................................................? Market Bulletin Postage................................................................? Payments to Athens and Tifton Veterinary Laboratories.................................................................................? 37.694.271 31,819,304 4,514,508 1,074,894 692,227 439,750 550,000 814,475 412,585 992,587 1,046,000 2,750,466 696 JOURNAL OF THE HOUSE, Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro Carroll, Macon, Mitchell, and 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....................................................................! 2,719,702 312,000 60,000 175,000 662,431 0 350,000 0 40,000 0 49,425,929 37,694,271 Departmental Functional Budgets Total Funds State Funds Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total 8,520,089 16,000,489 6,687,636 5,837,509 3,449,263 8,348,840 582.103 49,425,929 7,739,089 12,868,354 3,012,636 5,650,009 3,319,563 5,104,620 0 37,694,271 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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! 9.318.265 7,701,330 455,685 400,000 36,750 8,200 295,000 335,000 73,000 THURSDAY, FEBRUARY 20, 1997 697 Per Diem, Fees and Contracts......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................? 13,300 9,318,265 9,318,265 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....................................................................? 149,407.187 95,045,696 9,486,811 939,357 185,788 465,630 346,436 1,690,885 1,010,824 5,743,294 2,959,577 509,559 3,615,495 17,682,980 15,481,530 0 155,163,862 149,407,187 Departmental Functional Budgets Total Funds State funds Regional Youth Development Centers Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Court Services Day Centers Group Homes CYS Purchased Services Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Total 31,841,613 15,900,486 10,897,401 6,538,420 5,564,824 14,855,196 14,593,530 19,219,077 496,745 1,043,480 20,068,552 1,650,835 591,587 3,886,910 8,015,206 155,163,862 ? 29,863,052 ! 15,123,043 ! 10,234,969 ! 6,223,039 ! 5,228,227 ? 14,519,944 ? 14,306,280 ? 19,072,273 ? 496,745 ? 1,043,480 ? 19,241,597 ? 1,650,835 ? 591,587 ? 3,796,910 ? 8,015,206 ? 149,407,187 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs............................? Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? 47,037,552 13,169,863 1,615,940 342,534 0 96,673 1,102,988 1,257,446 387,197 344,452 698 JOURNAL OF THE HOUSE, Capitol Felony Expenses................................................................$ Contracts for Regional Planning and Development ......................................................,.........................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission Assessment.........................$ Community Development Block Grants - Federal ..........................................................................$ Payment to Georgia Environmental Facilities Authority ......................................................................................$ Payment to Georgia Housing and Finance Authority ...............................................................$ ARC-Revolving Loan Fund ...........................................................$ Local Development Fund...............................................................$ Payments to Music Hall of Fame Authority ..............................$ Payment to State Housing Trust Fund.......................................$ Payments to Sports Hall of Fame................................................$ Regional Economic Business Assistance Grants........................................................................$ Local Government Efficiency Grant Program............................$ State Commission on National and Community Service...........................................................................................$ EZ/EC Administration ...................................................................$ EZ/EC Grants..................................................................................$ Business Flood Disaster Recovery Program ...............................$ Targeted Regional Assistance Program .......................................$ Administrative Cost Allocation.....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$ 0 2,167,374 23,566,971 112,439 30,000,000 2,407,584 2,814,244 0 650,000 965,278 4,625,000 281,541 6,650,000 500,000 214,856 209,499 0 0 0 0 93,481,879 47,037,552 Departmental Functional Budgets Total Funds State Funds Executive Division Research and Information Division Planning and Management Division Business and Financial Assistance Division Housing and Finance Division Accounting, Audits and Administration Division Rental Assistance Division Total $ 1,053,363 $ 2,896,369 $ 4,481,067 $ 39,376,604 $ 4,005,987 $ 38,077,792 $ 3,590,697 $ 93,481,879 546,906 2,448,142 4,276,254 7,828,061 0 31,938,189 0 47,037,552 Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation........................ Personal Services............................................ Regular Operating Expenses........................ Motor Vehicle Purchases . Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ 674.907.443 474,541,615 59,315,330 2,139,094 4,348,384 5,221,705 6,078,360 6,008,776 7,505,873 12,797,324 0 20,659,455 1,200,000 THURSDAY, FEBRUARY 20, 1997 699 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....................................................................! 16,856,950 3,343,750 0 1,127,250 4,059,700 1,376,000 461,160 1,500,000 65,495,930 63,420 366,244 1.029.000 695,495,320 450,000 0 674,907,443 Departmental Functional Budgets Total Funds State Funds Executive Operations Administration Human Resources Field Probation Facilities Total $ 14,977,276 $ 88,195,813 $ 12,358,510 $ 59,672,669 $ 520,291.052 ! 695,495,320 ! 14,620,276 ! 84,886,738 ! 12,358,510 ! 59,192,669 ! 503,849,250 ! 674,907,443 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....................................................................! 43,308.314 33,766,363 1,615,677 547,000 228,000 191,424 291,200 2,785,000 930,000 2,278,650 650,000 25,000 43,308,314 43,308,314 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....................................................................! 4,230,851 9,090,415 6,198,797 29,375 0 28,840 11,125 24,400 40,825 458,000 0 15,881,777 700 JOURNAL OF THE HOUSE, State Funds Budgeted............................................................... 4,230,851 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total 1,281,075 5,316,273 9,284,429 15,881,777 1,241,926 618,360 2,370.565 $ 4,230,851 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) ......................................................................$ 4.110,954.076 33,455,602 5,226,647 967,224 57,592 117,371 7,526,554 1,309,614 1,109,107 17,511,784 912,272 0 997,621,233 856,200,685 350,962,605 168,564,020 111,007,756 384,401,822 58,064,303 89,508,479 33,759,340 106,022,187 691,835,455 142,429,530 (673,892,309) 91,618,777 0 165,250,422 3,609,604 25,291,984 87,838,070 78,838,661 563,759 14,363,735 143,999,894 5,408,750 54,732,103 2,210,804 44,078,591 188,375,722 29,128,663 THURSDAY, FEBRUARY 20, 1997 701 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....................................................................$ 1,491,147 9,722,497 3,489,010 21,712,907 5,041,480 3,500,000 7,580,313 293,520 2,720,906 0 0 0 0 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 16,877,102 1,250,000 0 382,597 4,340,000 1,875,664 12,976,442 100,000 3,300,000 500,000 55,000 15,289,138 266,403 4,606,982,339 340,000 4,110,954,076 Departmental Functional Budgets Total Funds State Funds State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs 9,979,858 16,560,416 1,216,892 4,752,496 6,005,977 11,784,145 1,099,461 4,539,138,572 ! 8,522,164 ! 12,494,463 ! 1,139,303 $ 4,752,496 ! 717,685 ! 10,710,449 ! 1,099,461 ! 4,056,048,225 702 JOURNAL OF THE HOUSE, Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total 5,396,840 4,999,826 5,044,718 1,003,138 4,606,982,339 5,143,455 4,770,730 4,771,163 784,482 $ 4,110,954,076 B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Assistive Technology.......................................................................! Alternative Programs......................................................................! Educational Technology Centers..................................................! Distant Learning - Satellite Dishes..............................................! Model Technology Schools............................................................! Capital Outlay.................................................................................! Post Secondary Options.................................................................$ Learning Logic Sites.......................................................................! Financial and Management Equipment......................................! Computers in the Classroom.........................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................! 351,931.780 204,982,285 3,650,000 0 1,100,000 0 250,000 0 108,797,885 3,310,000 0 2,736,950 27,104,660 351,931,780 351,931,780 Section 12. 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 1,969,849 301,000 18,000 0 13,220 554,222 306,040 38,362 1,313,358 0 4,514,051 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....................................................................! 35,585,086 29,287,269 5,693,751 159,937 1,032,785 1,599,619 310,500 54,764 928,106 1,094,798 0 28,500 60,000 241,752 40,491,781 35,585,086 Departmental Functional Budgets Total Funds State Funds Reforestation 1,843,044 52,726 THURSDAY, FEBRUARY 20, 1997 703 Field Services General Administration and Support Total 34,669,238 3,979,499 40,491,781 31,721,016 3,811.344 35,585,086 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....................................................................! 46.922.957 35,571,860 4,283,612 448,187 476,558 606,640 610,837 2,063,325 1,082,166 1,295,772 484,000 0 46,922,957 46,922,957 Departmental Functional Budgets Total Funds State Funds Administration Investigative Georgia Crime Information Center Forensic Sciences Total 3,777,831 24,512,684 7,965,488 10,666,954 46,922,957 3,777,831 24,512,684 7,965,488 10.666.954 46,922,957 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.......................................................................$ Grants - Other ............................................................................... ! Grants - Civil Air Patrol................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 32,339,333 15,246,726 954,076 266,239 0 63,776 582,757 1,002,683 455,681 4,306,578 3,432,344 40,000 5,185,678 165,000 3,850,000 214,000 150,000 0 290,975 1,477,500 100,000 684,400 1,085,968 0 60.000 39,614,381 32,339,333 704 JOURNAL OF THE HOUSE, Departmental Functional Budgets Total Funds State Funds Governor's Office Office of Equal Opportunity 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 Governor's Commission for the Privatization of Government Services Vocational Education Advisory Council Total 8,823,022 981,413 7,687,160 4,996,782 3,251,629 342,373 1,230,166 2,206,223 313,156 4,389,399 5,009,163 94,895 200,000 89,000 39,614,381 8,823,022 823,413 7,587,160 4,420,782 3,251,629 342,373 290,847 531,223 313,156 4,389,399 1,182,434 94,895 200,000 89,000 32,339,333 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...........................................! Grants to County DFACS - Operations...................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................! 693,449.243 52,458,594 2,156,126 1,332,131 1,647,558 89,753 4,818,586 5,470,346 1,282,446 726,204 284,000 46,986,389 37,751,222 73,440 996,644 17,982,073 797,890 174,853,402 412,600 108,659,217 Departmental Functional Budgets Total Funds State Funds Commissioner's Office Budget Administration 960,368 1,255,065 ! 960,368 $ 1,255,065 THURSDAY, FEBRUARY 20, 1997 705 Children's Community Based Initiative Troubled Chilren's Placements Technology and Support 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 Policy and Government Services Aging Services State Health Planning Agency DD Council Total 5,119,250 46,986,389 21,446,210 5,480,691 877,102 2,739,981 9,960,897 6,265,864 6,178,684 1,845,416 1,824,319 0 1,031,559 59,481,999 1,695,639 1,703,969 174,853,402 4,744,250 33,835,726 19,803,056 4,226,695 867,102 2,739,981 4,226,414 2,306,430 5,978,684 1,845,416 1,824,319 (8,595,811) 1,031,559 29,943,161 1,615,639 51,163 108,659,217 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 .......................................$ Medical Benefits.............................. Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted.................... 52,696,147 75,353,339 917,803 0 501,177 1,425,278 4,230,123 1,654,043 1,242,790 580,732 12,913,517 129,551,212 34,500 116,797 4.462,872 285,680,330 549,718 154,468,438 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 12,957,348 1,415,696 1,526,075 2,302,385 4,221,570 5,359,085 2,246,333 10,898,670 83,023,436 66,525,208 13,332,554 3,240,976 ! 12,827,673 ! 1,200,865 ! 1,203,900 ! 1,189,773 ! 3,822,751 ! 5,212,085 ! 310,879 $ 5,744,320 ! 0 ! 65,486,672 ! 6,556,247 ! 1,892,263 706 JOURNAL OF THE HOUSE, 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 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 1,782,019 578,695 1,009,244 6,040,468 925,227 1,189,590 2,455,855 474,068 556,495 4,851,648 1,253,612 426,906 1,968,815 1,956,452 2,707,960 1,204,242 6,241,647 2,422,503 164,148 9,856,546 8,898,597 3,250,000 5,384,079 174,591 12,857,587 0 285,680,330 ? 1,683,117 ? 425,913 ? 0 ? 4,643,502 $ 751,792 ? 516,528 ? 1,045,487 ? 474,068 ? 556,495 ? 4,851,648 ? 1,001,257 ? 216,973 ? 1,920,136 ? 1,718,713 ? 2,485,142 ? 692,369 ? 5,971,647 ? 915,861 ? 164,148 ? 5,107,508 ? 0 ? 2,493,380 ? 2,135,951 ? 157,094 ? 10,627,999 ? (1.535.718) ? 154,468,438 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....................................................................? 76,346,922 12,437,994 1,183,228 83,000 743,880 4,816,685 7,743,204 2,457,974 1,697,134 25,722,363 0 705,245 13,558,200 215,000 937,269 811.902 149,460,000 100,000 23,941,510 Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services Independent Living Employment Services Community Facilities State Rehabilitation Facilities 53,085,521 919,558 516,005 10,335,560 5,450,404 ? 10,576,505 ? 607,201 ? 516,005 ? 3,780,710 ? 807,636 THURSDAY, FEBRUARY 20, 1997 707 Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total ! 809,166 ! 4,377,562 ! 714,540 ! 35,629,124 ! 12,614,904 ! 25,007,656 ! 149,460,000 0 1,348,865 714,540 0 900,703 4,689.345 23,941,510 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....................................................................! 47,464,566 4,742,042 1,167,632 0 400,080 3,519,841 19,572,831 36,180,458 10,892,881 2,342,103 381,519,171 6,344,858 213,277,671 16,547,235 4,425,956 297,156,396 1,045,553,721 2,565,582 406,380,078 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 - Homemakers Services County DFACS Operations - Joint and Administration County DFACS Operations - Employability Program Employability Benefits 552,343 4,361,986 6,264,527 4,002,531 11,093,303 1,108,604 3,433,097 38,918,690 1,502,428 66,523,060 369,680,051 100 2,799,420 9,893,600 113,420,564 91,858,619 3,190,752 8,435,211 64,162,611 19,279,391 28,974,424 $ 552,343 ! 3,834,883 ! 5,225,131 ! 4,002,531 ! 480,299 ! 1,108,604 ! 2,541,080 $ 21,238,750 ! 1,502,428 ! 6,436,670 ! 129,154,366 ! 100 ! 0 ! 0 ! 57,132,316 ! 35,606,623 ! 0 ! 2,586,800 ! 32,819,247 ! 8,017,486 ! 13,350,649 708 JOURNAL OF THE HOUSE, Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund Indirect Cost Total 3,190,503 29,784,476 9,618,969 5,161,293 12,468,472 11,544,785 118,685,892 0 3,301,916 2,342,103 0 $ 1,045,553,721 2,420,990 16,550,750 6,313,935 4,248,383 9,374,838 7,408,642 38,886,937 0 2,205,709 2,342,103 (8,962.515) 406,380,078 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..............................................................................! 228,966,229 94,689,501 4,600,794 1,730,558 1,734,890 14,580,390 37,016,504 41,574,921 14,559,009 25,722,363 2,342,103 381,519,171 7,914,835 260,264,060 80,770,174 129,551,212 322,940 937,269 6,351,299 17,982,073 297,954,286 4,462,872 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....................................................................! 497,426,262 343,487,615 58,254,638 769,533 11,531,274 2,127,790 273.564,129 689,734,979 2,404,100 497,426,262 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at Augusta 39,911,914 30,235,826 23,415,883 21,746,951 25,348,848 13,397,712 21,498,081 19,860,059 THURSDAY, FEBRUARY 20, 1997 709 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 27,794,094 29,923,674 126,109,278 19,880,233 51,859,806 19,995,464 3,995,292 1,309,656 130,454,437 89,969,143 56,825,492 10,971,780 5,336,056 689,734,979 20,921,995 25,368,683 83,170,307 18,198,912 22,536,270 17,209,225 3,086,357 1,162,131 124,438,597 57,513,998 31,927,812 7,092,450 4.694.825 497,426,262 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....................................................................! 20,866,745 9,721,978 1,673,433 356,318 31,100 100,375 142,000 961,025 328,940 1,140,712 191,600 5,800,264 625,000 0 50,000 0 21,122,745 20,866,745 Departmental Functional Budgets Total Funds State Funds Administration Economic Development Trade Tourism Total 9,540,057 4,487,057 1,630,998 5,464,633 21,122,745 $ 9,540,057 $ 4,387,057 $ 1,630,998 $ 5.308,633 $ 20,866,745 Section 18. Department of Insurance. Budget Unit: Department of Insurance .............................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Motor Vehicle Purchases . 15,149,383 13,493,200 768,314 379,754 86,733 710 JOURNAL OF THE HOUSE, Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$ 59,129 448,235 804,047 275,334 141,292 0 16,456,038 15,149,383 Departmental Functional Budgets Total Funds State Funds Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Total $ 4,396,908 $ 6,612,720 $ 517,571 $ 4,928,839 $ 16,456,038 $ 4,396,908 $ 6,612,720 $ 517,571 $ 3,622,184 $ 15,149,383 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....................................................................! 9,628,869 70,226,432 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 0 155,808,877 9,628,869 Departmental Functional Budgets Total Funds State Funds Executive Offices/Administrative Services Employment and Training Services Total $ 29,280,013 $ 126,528,864 ! 155,808,877 $ 7,768,177 $ 1,860,692 $ 9,628,869 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....................................................................! 12,521,718 11,874,661 638,449 179,322 0 31,350 360,793 698,548 140,424 60,000 147,000 14,130,547 THURSDAY, FEBRUARY 20, 1997 711 State Funds Budgeted, 12,521,718 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 ......................................................$ Medicaid Benefits, Penalties and Disallowances .......................................................................$ Audit Contracts ...............................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................? 1.158,103.344 15,540,478 5,994,250 188,400 0 39,500 24,169,000 765,380 475,000 61,570,859 3,243,802,230 772,500 3,353,317,597 1,158,103,344 Departmental Functional Budgets Total Funds State Funds Commissioner's Office Benefits, Penalties and Disallowances Systems Management Indemnity Chronic Care Maternal and Child Health Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total 1,622,440 3,243,802,230 31,798,882 1,455,058 1,304,250 9,173,992 1,734,493 5,434,450 4,382,441 52.609,361 $ 3,353,317,597 ? 811,217 ? 1,133,718,248 ? 10,220,495 ? 639,801 $ 463,423 ? 3,815,280 ? 806,076 $ 2,717,225 ? 1,934,951 ? 2.976,628 ? 1,158,103,344 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 ......................................? 0 8,806,316 I,815,695 93,500 27,787 863,078 172,478,321 3,404,105 450,146 911.827.186 1,099,766,134 152,001 II,927,339 1,087,461,889 712 JOURNAL OF THE HOUSE, Deferred Compensation.. State Funds Budgeted.... 224,905 0 Departmental Functional Budgets Total Funds State Funds Commissioner's Office 2,858,888 0 Applicant Services 2,634,656 0 Classification and Compensation 1,602,242 0 Flexible Benefits 1,250,694 0 Employee Training and Development 1,256,551 0 Health Insurance Administration 1,086,460,247 0 Accounting and Audits 1,089,437 0 Administration and Systems 2,613.419 0 Total 1,099,766,134 0 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.........................................................................................! Chattahoochee River Basin Grants..............................................! 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.......................................................! 104.597,909 74,752,387 15,218,303 543,147 2,137,217 2,455,943 2,317,656 3,536,651 886,332 1,293,265 20,915 575,000 2,878,663 1,218,810 2,907,140 213,750 754,174 350,000 1,300,000 26,250 0 500,000 800,000 256,500 800,000 2,700,000 895,000 101,213 170,047 202,448 300,000 0 31,000 17,900,013 THURSDAY, FEBRUARY 20, 1997 713 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....................................................................! 5,396,990 2,324,684 100,000 6,650 145,870,148 888,943 3,811,965 2,663,931 1,424,501 200,000 104,597,909 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 Assistance.................! Total.................................................! 5,993,660 2,784,017 2,256,346 43,157,084 2,345,543 34,582,446 53,646,814 1,104,238 145,870,148 $ 5,978,660 $ 2,784,017 $ 1,766,346 $ 17,204,167 $ 2,220,825 ! 29,678,025 $ 43,861,631 ! 1.104,238 $ 104,597,909 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 2,614,812 1,958,978 24,959 30,000 85,000 15,000 0 50,000 695,000 0 5,473,749 0 Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 5,473,749 ! 0 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety .................................$ 1. Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! 101,276,644 61,356,590 7,672,370 101,595 714 JOURNAL OF THE HOUSE, Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs and Maintenance.............................! Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 3,907,500 542,054 3,701,067 28,962 1,680,294 1,285,050 145,100 0 0 80,420,582 1,650,000 78,770,582 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....................................................................! 18,162,449 1,232,457 57,181 0 69,800 0 47,262 633,853 41,500 0 303,651 34,900 1.923,009 22,506,062 0 22,506,062 Departmental Functional Budgets Total Funds State Funds Administration Driver Services Field Operations Total ! 22,563,587 ! 22,506,062 ! 57,856.995 ! 102,926,644 21,063,587 22,506,062 67,706.995 101,276,644 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....................................................................! 14.435.708 7,952,159 2,550,274 103,800 29,443 204,322 163,762 154,497 175,746 578,362 2,425,200 3,972,660 0 18,310,225 14,435,708 Departmental Functional Budgets Total Funds State Funds THURSDAY, FEBRUARY 20, 1997 715 Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firelighters Standards and Training Council Georgia Public Safety Training Facility Total 3,054,814 1,444,682 1,166,853 1,188,742 470,003 10.985,131 18,310,225 330,297 1,444,682 1,076,853 1,078,742 470,003 10,035,131 14,435,708 Section 25. 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............................................... 14.212.500 575,000 13.637,500 14,212,500 14,212,500 Section 26. 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..................................,.................................? 8.347.316 7,101,209 607,205 225,530 18,000 40,270 503,424 324,420 153,298 1.422,663 10,396,019 8,347,316 Departmental Functional Budgets Total Funds State Funds Administration Transportation Utilities Total $ 1,972,568 3,446,979 4,976,472 $ 10,396,019 1,972,568 1,606,480 4.768,268 8,347,316 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...................................... 1,162,430,460 1,240,831,469 204,000,000 295,648,162 146,000,000 20,352,506 1,276,046 359,714 388,344 6,645,000 0 1,915,501,241 716 JOURNAL OF THE HOUSE, Departmental Income .....................................................................$ Sponsored Income...........................................................................! Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................* 42,000,000 350,000,000 358,043,481 3,027,300 1,162,430,460 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.......................................................................! Area Health Education Centers...................................................-! 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....................................................................! 175,126,490 274,341,727 69,874,000 127,444,177 38,184,000 0 2,397,136 2,062,129 3,864,204 2,119,378 146,400 7,000,000 5,868,890 0 2,505,183 4,426,900 1,357,718 600,000 200,000 1,122,866 208,403 425,000 14,826,489 558,974,600 0 109,767,000 273,525,410 555,700 175,126,490 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 1,989,517 3,933,780 1,376,989 117,578,655 11,038,929 58,790,970 49,210,724 253,861,493 2,887,931 1,359,434 1,519,510 976,989 13,348,554 2,617,757 38,202,317 31,398,407 32,956,551 2,887,931 THURSDAY, FEBRUARY 20, 1997 717 Veterinary Medicine Teaching Hospital Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total 2,827,763 24,236,026 3,044,746 3,128,504 25.068.573 558,974,600 527,752 24,236,026 0 128,504 24,966,758 175,126,490 C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$ Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................! State Funds Budgeted....................................................................! 0 9,384,773 14,825,274 24,210,047 24,210,047 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............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................! 78,254,000 16,400,000 2,000,000 1,500,000 48,254,000 10,100.000 78,254,000 78,254,000 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 PICA ..............................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Blueprint For Modernization ........................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$ 106,998,485 58,941,444 5,434,457 1,366,540 251,386 421,189 14,270,790 2,855,447 2,867,510 1,071,300 3,422,795 0 2,404,350 3,721,810 15.154,832 112,183,850 3,845,000 106,998,485 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 6,986,179 11,260,392 27,443,346 16,294,072 8,027,629 18,562,372 7,959,879 4,705,324 ! 6,986,179 ! 11,110,392 $ 26,428,146 ! 16,154,072 ! 7,727,629 ! 17,262,372 ! 7,959,879 ! 3,164,959 718 JOURNAL OF THE HOUSE, Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total $ 3,910,990 $ 43,700 $ 4,481,118 $ 2,608,849 $ 112,183,850 3,810,990 43,700 3,841,318 2,508.849 106,998,485 Section 29. Secretary of State. A. Budget Unit: Secretary of State.....................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 28,675.910 17,914,428 3,491,536 244,500 87,050 119,190 2,621,110 2,462,246 939,859 1,410,856 485,000 29,775,775 28,675,910 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 3,867,144 4,853,551 4,518,188 4,371,524 1,159,699 437,541 10,446,875 121,253 29,775,775 ! 3,837,144 ! 4,778,551 ! 3,748,188 ! 4,351,524 ! 1,159,699 ! 382,676 ! 10,296,875 ! 121,253 ! 28,675,910 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....................................................................! 2,185,821 1,302,862 157,100 15,000 23,000 10,631 335,622 165,300 41,556 134.750 2,185,821 2,185,821 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission ! 2,185,821 ! 2,225,821 Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission......................... 2,122,473 THURSDAY, FEBRUARY 20, 1997 719 Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................! 1,150,400 209,454 43,268 25,322 10,970 12,045 91,563 20,773 797,015 297.000 2,657,810 2,122,473 Section 31. 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....................................................................! 32.732,855 425,609 15,000 16,000 0 2,500 13,822 45,600 12,000 25,000 0 3,292,641 25,452,487 2,216,321 64,000 321,875 100,000 730,000 0 32,732,855 32,732,855 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education Commission Total 32,177,324 555.631 32,732,855 ! 32,177,324 ! 555,531 ! 32,732,855 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................................................................! 161.118.161 75,213,784 21,277,807 14,498,583 37,325,387 567,000 235,600 10,000,000 2.000.000 161,118,161 161,118,161 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .....................................$ 4,130,000 720 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....................................................................! 4,895,407 423,900 20,500 0 16,150 877,791 475,958 146,000 371,000 3,750,000 380,000 11,356,706 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........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Salaries and Travel of Public Librarians ....................................$ Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library Maintenance and Operation...............................! Capital Outlay .................................................................................$ Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Area School Program......................................................................! Adult Literacy Grants ....................................................................$ Regents Program.............................................................................! Quick Start Program ......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 203,448,573 5,454,771 615,390 162,380 0 188,350 626,498 776,588 909,404 126,005 13,646,649 5,828,704 974,478 4,998,958 256,000 139,925,275 39,495,121 19,950,378 18,490,140 3,390,682 8,610,510 264,426,281 203,448,573 Departmental Functional Budgets Total Funds State Funds Administration Institutional Programs Total ij 8,859,386 3 256,566,895 5 264,426,281 ! 5,760,736 ! 197,687,837 ! 203,448,573 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.............................................. Assistive Technology Grants ................ Total Funds Budgeted........................... 88,765,507 1,000,000 43,111,349 38,859,158 5,295,000 500,000 88,765,507 THURSDAY, FEBRUARY 20, 1997 721 Lottery Funds Budgeted................................................................$ 88,765,507 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 ........................................................$ 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....................................................................! 542,528,959 253,505,942 57,020,469 1,970,840 2,000,000 6,577,626 3,929,287 1,337,073 2,743,320 41,595,601 780,007,661 1,024,100 1,317,500 9,933,053 700,000 350,000 1,164,012,472 542,528,959 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total $ 864,535,711 $ 241,935,601 $ 14,076,201 $ 24,775,579 $ 1,145,323,092 $ 265,475,477 $ 230,011,616 $ 13,516,201 $ 24,150,579 $ 533,153,873 General Funds Budget Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total 1,281,803 2,288,440 14,419,137 700,000 18,689,380 1,281,803 1,865,103 5,528,180 700,000 9,375,086 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service.................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Operating Expense/Payments to Medical College of Georgia.....................................................................................! Regular Operating Expenses for Projects and Insurance......................................................................................! Total Funds Budgeted....................................................................! 20,328,189 5,105,669 147,282 80,629 0 114,855 10,881 248,700 62,200 13,896,381 7,595,980 773,180 28,035,757 722 JOURNAL OF THE HOUSE, State Funds Budgeted............................................................... 20,328,189 Departmental Functional Budgets Total Funds State Funds Veterans Assistance Veterans Nursing Home-Augusta Total $ 20,036,930 $ 7,998,827 $ 28,035,757 14,665,556 5,662.633 20,328,189 Section 36. 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....................................................................! 10.702.701 8,666,608 372,074 76,840 0 17,252 247,479 1,079,835 207,613 225,000 0 10,892,701 10,702,701 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) ...................................................$ ! 539,748,451 35,000.000 574,748,451 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New)...........................................................! Motor Fuel Tax Funds (New).......................................................! ! 45,985,160 0 45,985,160 Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations 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 rate 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 THURSDAY, FEBRUARY 20, 1997 723 Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation 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 4, Department of Administra tive Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Section 40. 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. Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount Clayton County DeKalb County Appling County City of Ashburn Cobb County Athens/Clarke County Bibb County Haralson County 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 Recreational Equipment in Clayton County Operation of "Hot Zone Policing" Expenses Related to Capital Murder Trials Construction of Sports Facilities Preservation of the Hardy Pace House Operating Funds for the Safe Campus Now Program Roof Repairs at the Bibb County Community Action Agency Equip/Operate Haralson County Recreational Facilities Renovate and Equip the Jerico Road Project in Atlanta Land Purchase at Historical Ezekiel Harris House Renovate and Equip the Historic Courthouse Extension of Water Lines 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 $ 25,000 $ 10,000 $ 25,000 $ 25,000 $ 20,000 $ 40,000 $ 5,000 $ 15,000 $ 30,000 $ 50,000 $ 25,000 $ 12,500 $ 15,000 $ 50,000 $ 15,000 $ 50,000 $ 10,000 $ 25,000 $ 20,000 $ 25,000 724 City of Camilla Worth County Candler County City of Centerville Charlton County 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 Board of Education 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 Sardis City of Grayson Greene County JOURNAL OF THE HOUSE, Renovations and Repairs to Facilities Construction of a Softball Complex Expansion of Visitors Center Construction of Fire Station Purchase Fire and Rescue Equipment and Paint Rescue Truck Replant Trees Between Bryanwood and Talahi Island on Route 80 Improvements and Equipment for Multi-purpose Building Clayton County Board of Education Prevention Plus Program Improvements to the Fire Station Lights and Handicapped Access for the Collins Hill High School Athletic Fields Purchase Equipment and 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 Wastewater Treatment Facility Design and Construct Franklin County/Hart County Airport Classrooms for Fulton County Board of of Education Operation of Center for Renewal of Democracy Improvements to Gymnasium and Stadium Renovations to Gymnasium Improvements to City of Sardis Equipment Furnishings for Community Senior Center Purchase and Installation of chain link fence for Greene $ 35,000 $ 25,000 $ 10,000 $ 50,000 $ 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 $ 45,000 $ 5,000 $ 60,000 $ 25,000 $ 8,000 $ 7,500 $ 7,500 $ 25,000 Henry County Board 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 City of Lincolnton City of Lula City of Gainesville Lumpkin County City of Lyerly Macon County Madison County Meriwether County Meriwether County City of Monroe Muscogee County THURSDAY, FEBRUARY 20, 1997 County Airport Construction of a Fine Arts Building Operation of the Museum of Aviation Athletic Field Fencing for Houston County High School Erection of Monument Renovation of Elementary School Restroom and Rose Bowl Field Administrative Cost and Legal Fees for Jeff Davis Hospital Authority Renovations to Jeff Davis County Extension Service and Annex and Law Enforcement Center Improvements to Jenkins County Development Authority Facilities and Improvements to Jenkins County High School Football Stadium Renovations to Heating System for Community Center Renovation/Restoration of the Beach Institute Building Purchase Equipment for City of LaGrange/Troup County Recreation Commission Improvements to Park and Recreation Facilities Plan/Construct Livestock Pavillion and Arena Renovations and Heating, Ventilation and Air Conditioning Addition for Facility Purchase of Patrol Car Correction to Flood Control Problem Renovations to Old City Hall Building Operation of a Gainesville Community Facility Construction of Animal Shelter Upgrade Water System Purchase Equipment for Macon County Local Emergency Planning Commission Provide for Infrastructure Study of Water and Sewer Systems Renovate Old Greenville Railroad Depot Creation of Recreation Department Renovations to Monroe Area Comprehensive High School Athletic Track Equipment and Operating Expenses 725 $ 40,000 $ 12,500 $ 175,000 $ 10,000 $ 2,500 $ 40,000 $ 15,000 $ 15,000 $ 50,000 $ 4,250 $ 20,000 $ 10,000 $ 20,000 $ 12,500 $ 10,000 $ 18,000 $ 12,000 $ 20,000 $ 10,000 $ 10,000 $ 30,000 $ 10,500 $ 30,000 $ 10,000 $ 10,000 $ 15,000 726 Muscogee County Muscogee County City of Dalton Oconee Regional Library City of Odum City of Screven 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 Gwinnett County Board of Education City of Swainsboro Talbot County Board of Education Telfair County Telfair County Towns County Twiggs County Board JOURNAL OF THE HOUSE, 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 Purchase Fire Equipment To Repair Facilities Extension of Water Line to New Oglethorpe County Elementary School Planning and Restoration to Old Governor's Mansion For Operations of the Peach County Chamber of Commerce Provide External Security Lighting for Pebblebrook High School Operating Expenses for BRIDGE Program Perry-Houston County Airport Authority Terminal and Hangar 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 Sewer System Construction of Community Center Purchase 36-passenger Bus for Senior Connections Construct Athletic Stadium at Shiloh High School in Gwinnett County Repairs, Construction and Equipment for South Cobb High School Recreation Equipment for Suwanee and Lanier Middle Schools 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 $ 20,000 $ 20,000 $ 10,000 $ 40,000 $ 25,000 $ 5,000 $ 5,000 $ 12,000 $ 75,000 $ 15,000 $ 30,000 $ 15,000 $ 50,000 $ 15,000 $ 10,000 $ 15,000 $ 75,000 $ 10,000 $ 20,000 $ 62,000 $ 25,000 $ 35,000 $ 30,000 $ 40,000 $ 45,000 $ 5,000 $ 18,000 $ 20,000 THURSDAY, FEBRUARY 20, 1997 of Education City of Tybee Island Valdosta City Schools 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 City of Pelham City of Atlanta City of Tallapoosa City of Bremen City of Cave Spring Fulton County Dade County Fulton County County High School Football Field Painting of the Historic Tybee Lighthouse Repairs to Valdosta City School System Facilities Improvements to Flossie Hayes Park and Trippe Gymnasium Equipment Purchases for Ware County School System Promotion Expenses for WaycrossWare 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 at 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 Construct and Equip Multipurpose recreation Complex Enhancements to Echols County Board of Education Campuses Construction and Renovation at Varner 4-H Center Purchase an Equipped Rescue Vehicle Improvements to Water and Sewer System Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University Equip/Operate Recreational Facilities Equip/Operate Recreational Facilities Improvements for Rolator Park Operation of Fulton County Drug Program Renovation to Middle School Gymnasium Landscaping along Fulton Industrial Boulevard at Interstate 20 727 $ 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 $ 30,000 $ 35,000 $ 250,000 $ 15,000 $ 15,000 $ 40,000 $ 48,000 $ 20,000 $ 50,000 728 Twiggs County Board of Education Gwinnett County Hall County Richmond County Richmond County Cobb County City of Rockmart City of Aragon City of Cedartown Coweta County Truetlen County Hancock County City of Social Circle DeKalb County DeKalb County DeKalb County DeKalb County Screvens County Board of Education Jenkins County Board of Education City of Plains Peach County City of Montezuma Chatham County Chatham County Chatham County Mclntosh County Board of Education Long County City of Greenville Hart County City of Cave Springs JOURNAL OF THE HOUSE, Lights and Bleachers for Twiggs County High School Football Field Roof Repairs at Creative Enterprises Operation of Temporary Welcome Center Lights for Richmond County Little League Field Operation of the Richmond County Boxing Club Expansion of the Marietta/Cobb YWCA Battered Women's Shelter Renovation of Rockmart Recreation Complex Equipment/Operations of Recreational Facilities Equipment/Operation of Recreational Facilities Construction of Youth Athletic Complex Construction of Recreation Field House Equipment for Volunteer Fire Department Renovation of Gunter Hall in Social Circle Repairs to Pine Lake Dike Operation of the Soapstone Arts Center Operate the South DeKalb Business Incubator Lighting for East Lake Neighbors For Technology Equipment at the Screvens County School System Recreational Equipment for the Jenkins County School System Fire Equipment for the City of Plains To Purchase Welcome Signs for Peach County Paving for Blanks Civic Complex Restoration and Renovation of Building for Con-Ed., Inc. Operation of Chatham County Rape Crisis Center Renovation/Construction of the Savannah Lucas Theatre Purchase Bleachers for Mclntosh County School System Purchase of Land for Long County Park Construction of Greenville Railroad Depot Operation of Hart County Parks Operation of Crossroads Program for Georgia School for the Deaf $ 50,000 $ 50,000 $ 5,000 $ 20,000 $ 10,000 $ 20,000 $ 50,000 $ 10,000 $ 15,000 $ 35,000 $ 35,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 25,000 $ 7,000 $ 10,000 $ 8,145 $ 50,000 $ 10,000 $ 10,000 $ 35,000 $ 35,000 $ 25,000 $ 50,000 $ 25,000 $ 50,000 THURSDAY, FEBRUARY 20, 1997 Lumpkin County Lumpkin County Board of Education Bleckley County City of Pelham City of Ellijay Fannin County City of Douglas Coffee County City of Atlanta Clayton County Pulaski County City of Riverdale City of Morrow City of Forest Park DeKalb County DeKalb County City of Americus City of Albany Quitman County DeKalb County Lowdnes County Board of Education City of Valdosta City of Sardis City of Keysville Glynn County Fannin County Irwin County Seminole County Board of Education DeKalb County City of Milledgeville DeKalb County Construction Veterans Park and Monument Equipment Purchases for Lumpkin County High School Construction/Renovation of Courthouse For Lighting at the Pelham Livestock Complex Renovation/Construction for Vocational Transitions, Inc. Purchase Rescue Equipment To Construct Softball/Soccer Complex For Computer Programming at the Coffee County Health Department Litter Abatement Improvements to Rex Athletic Field Establish a Recreation Facility in Pulaski County Improvements to Riverdale Recreational Facilities Improvements to Morrow Recreational Facilities Park Improvements in Forest Park Operation of Violence Prevention Program Operation of the Winning Circle Program Operation of Cultural Arts Program Accessible Van for Slater King Adult Day Center Renovations for the Quitman County Courthouse Equipment for Initiative for Children and Families Vocational Equipment for Lowndes County High School To Construct Valdosta Historic Monument Equipment/Operations for City of Sardis Repairs to City Hall and City Van To Provide for Project SHARE For Operation of Georgia Mountain Health Services Construction of FFA Livestock Show Barn Construction of Greenhouse for Seminole High School Equipment/Operation of Fernbank Museum Historical Museum Restorations Operation of Juvenile Court Truancy Program 729 $ 15,000 $ 15,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 $ 75,000 $ 50,000 $ 15,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 30,000 $ 25,000 $ 15,000 $ 10,000 $ 20,000 $ 15,000 $ 10,000 $ 20,000 $ 37,440 $ 25,000 $ 40,000 $ 75,000 $ 10,000 $ 40,000 730 City of Chamblee Augusta/Richmond County Chatham County Chatham County Bibb County Houston County Development Authority Newton County City of Vidalia City of Lyons Wheeler County Fulton County Board of Education City of Adel City of Nashville Cook County Putnam County Greene County City of Eatonton City of Cochran City of Duluth City of Duluth City of Eastman Augusta-Richmond County City of Kingston Ware County Board of Education Ware County Board of Education City of Waycross City of Port Wentworth Fulton County City of Hawkinsville Dooly County City of Valdosta JOURNAL OF THE HOUSE, Law Enforcement Radio Equipment Operation of Community-Based Organizations Development of Ralph Mark Gilbert Museum Operation of Savannah Tourism Network Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia Construction of Warner Robins Engineering Facility Purchase of Land for Economic Development and Site Preparation Renovations to Recreation Facilities Renovations to Recreation Facilities Renovations to Recreation Facilities Construction and Equipment for Outdoor Science Classroom at Dolvin Elementary Roof Repairs to City Hall Replacement Lights for Berrien County Courthouse Grounds Construction of EMS Building Purchase Bleachers for Putnam County Recreation Authority Fencing for Greene County Regional Airport Renovations and Repairs to Recreation Complex Heating and Air Conditioning System for City Auditorium Construction of Ball Fields Construction of Pavilion Improvements/Equipment for Eastman-Dodge Recreation Facilities Operation of the Augusta Area Genealogical Society Equip and Renovate Recreation Facility Equipment for Baseball Field and Tennis Courts Improvements to Athletic Grounds at Manor Magnet School Area Tourism Promotion in Waycross and Ware and Pierce Counties Relocation of Ball Park Renovations to Williams-Payne House Repairs to Library Purchase Land for Government Complex Expansions to Food Bank $ 7,500 $ 50,000 $ 20,000 $ 10,000 $ 2,000,000 $ 3,000,000 $ 7,100,000 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 15,000 $ 20,000 $ 35,000 $ 15,000 $ 15,000 $ 15,000 $ 35,000 $ 20,000 $ 20,000 $ 25,000 $ 35,000 $ 25,000 $ 30,000 $ 10,000 $ 7,000 $ 25,000 $ 15,000 $ 15,000 $ 50,000 $ 40,000 THURSDAY, FEBRUARY 20, 1997 Stewart County Quitman County City of Cuthbert City of Dawson Terrell County Columbia County Board of Education Columbia County Board of Commissioners City of Sycamore City of Warwick City of Leesburg Wilcox County Warren County Macon County Stephens County Stephens County Board of Education Jasper County Board of Education Jones County City of Grayson Screven County City of Sandersville Lincoln County Wilkes County Elbert County Board of Education Wayne County Long County Chatham County Baldwin County Baldwin County Baldwin County Truetlen County Board of Education City of Kite Emanuel County Purchase Transport Bus for Stewart-Webster Rural Health Service Repairs to Old Courthouse Renovations to Library Expansion and Improvements to Airport Facilities Planning and Design for Renovation of Courthouse Renovations to Football Stadium at Lakeside High School Construction of Fields for the Martinez-Evans County Little League Improvements to Water System Purchase Vehicle for Police Department Repair and Replace Sidewalks Relocation of School Bus Shop Equipment for DFACS Facility Construction of a Parking and Reading Park at the Macon County Library Study Commission for a Consolidation Feasibility Study Provide Health Services for the Stephens County School System Renovations to Washington Park Elementary School Repairs to Fire Station and Fire Truck Operation of Outdoor Facilities at the Senior Citizens Center Equipment for Community Services and Senior Citizens Center Repairs to the National Guard Armory Equipment for the Historical Society Renovations to Wilkes County Airport Renovations and Equipment for Falling Creek Elementary Courthouse Repairs Courthouse Repairs Firing Range for the Criminal Justice Training Center at Armstrong Atlantic State University Operation of Council on Substance Abuse Operation of 2000 + Museum Downtown Developments Improvements to High School Athletic Complex Improvements to Recreation Complex Construction of Alternative 731 $ 25,000 $ 20,000 $ 10,000 $ 25,000 $ 50,000 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 12,000 $ 50,000 $ 25,000 $ 50,000 $ 15,000 $ 25,000 $ 40,000 $ 25,000 $ 62,000 $ 41,000 $ 50,000 $ 15,000 $ 25,000 $ 5,000 $ 30,000 $ 20,000 $ 40,000 $ 20,000 $ 10,000 $ 10,000 $ 20,000 $ 5,000 732 Chatham County City of Savannah City of Summerville Seminole County Board of Education Miller County Bibb County Bibb County City of Byron Crawford County Board of Education Doughtery County Gainesville Board of Education City of Doerun City of Sale City City of Funston Lanier County Board of Education Lowndes County City of Americus City of Chickamauga Walker County Catoosa County City of Fort Oglethorpe Morgan County City of Atlanta Thomas County City of Woodbury Richmond County Board of Education Bibb County Columbus/Muscogee County Columbus/Muscogee JOURNAL OF THE HOUSE, Farmers Market Center Renovations to Coastal Heritage Society/Historic Railroad Shops Construction of Alternate Emergency Access Route Repairs to Sewage System Construction of Pavilion and Bleachers at Seminole County High School Purchase Fire Truck Operation of Harriett Tubman Museum Operation/Renovation of the Macon Little League Construction of Well and Water Tank for Byron Development Authority Improvements to Football Fields and Gymnasium Roof Repairs to Patrol Post Renovations to Gainesville High School Baseball Field Improvements to Walking Track, Tennis Courts and Field Complex Renovations to Community Center Purchase Fire Truck Construct and Equip Football Facility Purchase Land for Moody Air Force Base Construction of Firefighters Training Site Renovations to the Recreation Department Walking Track and Softball Facilities Renovation of Walker, Catoosa, Chatooga and Dade Family Violence Center Battered Women's Shelter Construct and Renovate Athletic Fields for Rock Spring Athletic Association Renovations to Downtown Projects Operation of the Northeast Georgia Wellness Program Operation of Juvenile Delinquency Prevention Operation of Murphy-Harps-Vashti Chilren's Home Purchase Land for Industrial Park Improvements to Equipment Room and Field House at Westside High School Preservation of the Hay House Operation of the Springer Opera House Operation of Two Thousand $ 25,000 $ 25,000 $ 25,000 $ 50,000 $ 10,000 $ 15,000 $ 50,000 $ 15,000 $ 50,000 $ 25,000 $ 46,000 $ 15,000 $ 12,500 $ 12,500 $ 20,000 $ 50,000 $ 75,000 $ 20,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000 $ 20,000 $ 50,000 $ 40,000 $ 50,000 $ 10,000 $ 50,000 $ 50,000 THURSDAY, FEBRUARY 20, 1997 County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Talbot County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Fulton County City of Cave Spring Bibb County City of Midway Clayton County City of Forest Park City of Morrow City of Perry City of Warner Robins Fulton County Fulton County Gwinnett County Board of Education Clayton County Telfair County Board of Education City of Bowersville City of Hartwell City of Canon City of Thunderbolt Chatham County Chatham County Opportunities Inc. Operation and Renovation of Liberty Theater Operation of the After School Program Operate and Equip the Columbus Community Center Operation of Project STARS Operation of the Summer Tutorial Program for Combined Communities of S.E. Columbus Operation of the Play and Learn Together Program Construct a Youth and Recreational Facility Operations of Opportunities Industrialization Centers Renovations to Facilities For Detoxification Center Operations Restoration of Buildings and Grounds at Dorchester Center Operation of Calvary Refuge Transitional Shelter Improvements to Parks and Recreational Facilities Operation of DARE and Neighborhood Watch Hangar Improvements for Perry-Houston County Airport Construction of Warner Robins American Little League Playing Fields Operation/Equipment for the Cascade Youth Association Repairs and Renovations for the Southwest District YMCA Renovations to North Gwinnett Football and Softball Field Biking and Hiking Trail Improvements at Jester's Creek Trail Purchase Band Uniforms Purchase Equipment for City Water Project Renovation of Law Enforcement Services Building Renovation and Equipment for the Community Center Building and City Park Improvements to W.E. Honey Memorial Park Operation of the Martin DePorres Society Design of Runaway Point Neighborhood Park 733 $ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 15,000 $ 15,000 $ 75,000 50,000 50,000 25,000 25,000 25,000 25,000 60,000 $ 15,000 $ 25,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 10,000 $ 30,000 $ 10,000 $ 25,000 $ 10,000 $ 15,000 734 Rabun County Board of Education Towns County Burke County City of Girard City of Midville City of Keysville Jeff Davis County City of Scotland Jeff Davis Board of Education Wayne County City of Hazelhurst Appling County Oconee Regional Library City of East Dublin Bibb County Bibb County Board of Education Lamar County Bacon County City of Alma Brantley County Pierce County Charlton County Bacon County City of Carrollton City of Brunswick Mclntosh County City of Atlanta Columbus/Muscogee County Haralson County Polk County Paulding County Berrien County JOURNAL OF THE HOUSE, Purchase Land for Rabun County School System Purchase Fire Truck and Equipment Implementation of Phase II of the CSRA Enterprise Communities and for Operation of an At-risk Middle School Renovations to Gym Area Implementation of Phase II of the CSRA Enterprise Community Plan Implementation of Phase II of the CSRA Enterprise Community Plan Fire Protection Assistance City Improvements Purchase Band Uniforms Expansion of Fire Station Historic Preservation Assistance Historic Preservation Assistance Renovations to Library Expansion to Water and Sewage System Improvements to the Museum of Arts and Sciences Implementation of the "Core Knowledge" Program in the Bibb County School System Construction of Livestock Facility Building Operation of the Alma/Bacon County Department of Inter-Governmental Relations Equipment and City Hall Renovations Equipment for the Brantley County Volunteer Fire Department Equipment for the Pierce County Volunteer Fire Department Equipment for the Charlton County Volunteer Fire Department Equipment for the Bacon County Volunteer Fire Department Expansion of the East Carroll Park Recreation Area Equipment for Dixville Playground Swimming Pool and Bathhouse for the Mclntosh County Recreation Department Operation of Recreation Program Operation of the Easter Seal Program Operating Expenses for Recreation Department Operating Expenses for Recreation Department Operating Expenses for Recreation Department Addition to Agriculture Building $ 45,000 $ 30,000 $ 10,000 $ 15,000 $ 10,000 $ 15,000 $ 25,000 $ 10,000 $ 5,000 $ 5,000 $ 25,000 $ 5,000 $ 35,000 $ 25,000 $ 30,000 $ 20,000 $ 75,000 $ 45,000 $ 10,000 $ 10,000 $ 4,000 $ 2,000 $ 4,000 $ 50,000 $ 20,000 $ 30,000 $ 50,000 $ 25,000 $ 45,000 $ 15,000 $ 15,000 THURSDAY, FEBRUARY 20, 1997 Gwinnett County Board of Education Charlton County Board of Education Echols County Board of Education Charlton County Board of Commissioners Lanier County Board of Education City of Lakeland Hall County Brantley County Board of Commissioners City of Jesup City of Offerman Bibb County City of Macon Columbia County Board of Education Oglethorpe County Board of Education City of Lilburn Hall County City of Wrens Jefferson County Dade County Jefferson County City of Louisville City of Wrens Cobb County Rockdale County Henry County City of Euharlee City of Cartersville City of Cedartown City of Rockmart Liberty County Paulding County for Livestock Show Improvements to Brookwood High School Athletic Facilities Lighting for Baseball Field Repairs for Echols County High School Gymnasium Paving for Health Clinic Purchase Metal Detector for Lanier County High School Purchase Toximeter for Police Department Watershed Assessment for Embayments of Lake Lanier Recreational Equipment for Community Center Repairs to Railroad Crossing Equipment for City Hall Equipment and Supplies for Animal Control Operations of Douglass Theater Fencing for Greenbriar High School Curbing and Gutters for Oglethorpe County Elementary School Restroom Facilities for City Park Planning for Regional Welcome Center Replace Roof at City Hall Roof Repairs at Historical Society and Museum Surveillance Equipment for Sheriffs Department Purchase Vehicle for the Sheriffs Department Purchase Vehicle for the Police Department Purchase Vehicle for the Police Department Renovate and Upgrade North Cobb Service Center Purchase Water Rescue/Diving Equipment for the Fire Department Purchase Cascade System for Fire Department Renovate and Equip Recreational Facilities Operation of Arts and Recreation Equipment for Senior Citizens Center Purchase Equipment for Community Center Operation of Dorchester Academy Equipment for Senior 735 $ 5,000 $ 40,000 $ 16,951 $ 22,325 $ 4,460 $ 2,400 $ 5,500 $ . 25,000 $ 15,000 $ 20,000 $ 10,000 $ 10,000 $ 15,000 $ 15,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 $ 15,000 $ 25,000 $ 15,000 $ 15,000 $ 15,000 $ 25,000 $ 30,000 $ 20,000 $ 20,000 $ 20,000 $ 10,000 $ 15,000 $ 25,000 736 City of Pembroke Long County Taliaferro County City of Milledgeville City of Columbus City of Columbus City of Stone Mountain Bryan County Liberty County DeKalb County DeKalb County Jenkins County City of Collins City of Thunderbolt City of Glennville City of Brooklet City of Ideal City of Americus Peach County Liberty County Harris County Board of Education City of Williamson Pike County City of Greenville City of Warm Springs Elbert County City of Jefferson Floyd County Board of Education City of Rome School System Rabun County City of Decatur JOURNAL OF THE HOUSE, Citizens Center Construction of Recreational Facilities Purchase Vehicle for the Sheriffs Department Purchase Vehicle for the Sheriffs Department Operation of the Rape Crisis Center Operation of the Rediscovery Program Operation of Southwest Columbus Against Drugs Drainage Improvements Operation of Richmond Hill Recreation Park Operation of Midway Museum Art Station Operations Operate/Equip of Scottdale Community Youth Athletic Association Repairs for the Little League and High School Sports Fields Water Treatment Repairs Park Renovations Improvements to Recreational Areas Renovate and Equip Community Building Operations of the Fire Department Downtown Historic Preservation Operation of Massee Lane Gardens Environmental Camp Construction of Firearms Complex for the Sheriffs Department Construction of a Greenhouse Improvements to Facilities Improvements to Pike County Recreational Facilities Improvements to Cemetary Operation of Local Welcome Center Purchase Bookmobile for Elbert County Library Operation of Crawford Long Museum Purchase of Educational Technology Purchase of Educational Technology Operation of Fight Abuse in the Home Renovations at Glenlake Park $ 10,000 $ 20,000 $ 12,000 $ 12,000 $ 18,000 $ 25,000 $ 15,000 $ 30,000 $ 30,000 $ 10,000 $ 25,000 $ 20,000 $ 15,000 $ 20,000 $ 52,000 $ 15,000 $ 15,000 $ 30,000 $ 37,500 $ 15,000 $ 10,000 $ 50,000 $ 5,000 $ 20,000 $ 15,000 $ 10,000 $ 30,000 $ 25,000 $ 40,000 $ 40,000 $ 15,000 $ 50,000 DeKalb County City of Chamblee City of Doraville City of Whigham Colquitt County City of Blakely Fannin County Fannin County Gilmer County Clayton County Clayton County Board of Education Clayton County Clayton County DeKalb County DeKalb County DeKalb County City of Fitzgerald Coffee County City of Jacksonville City of Lumber City City of Milan Cobb County City of Albany Murray County Board of Education Whitfield County DeKalb County DeKalb County DeKalb County THURSDAY, FEBRUARY 20, 1997 Computer Equipment for Our House Storm Drainage Repair Purchase Surveillance Equipment Improvements to Recreational Facilities For Air Conditioning at Cotton Hall/Colquitt Miller Arts Council Purchase Building and Equipment for Recreation Complex Operation of Fannin County Georgia Mountain Health Services, Inc. Phase II of Fannin County Recreation Department Replace Roof at Gilmer County Civic Center Purchase Computer and Printer for the Rape Crisis Center Purchase Band Uniforms for North Clayton High School Additional Classroom for the Nature Center Building at Reynolds Nature Preserve Operation of the Clayton Youth Empowerment Project Operation of DeKalb County Community Outreach Operation of South DeKalb Business Incubator Operation of the Snapfinger YMCA After School Program Enhancements to Recreational Complex Construction of Fire Station for Green Acres Construct Fire Station Enhance Recreational Complex Purchase Equipment for Fire Department Feasibility Study for Rail Crossing in South Cobb County Health Educational Prevention Project Completion of Projects for the Murray County High School Agricenter Operation of the Northwest Georgia Child Abuse Program Operation of Sisters by Choice Purchase Uniforms and Equipment for Gresham Park Athletic Association Equipment for the Mark Trail 737 $ 7,000 $ 7,000 $ 7,000 $ 20,000 $ 15,000 $ 20,000 $ 15,000 $ 25,000 $ 35,000 $ 5,000 $ 20,000 $ 30,000 $ 20,000 $ 15,000 $ 20,000 $ 25,000 $ 15,000 $ 10,000 $ 5,000 $ 5,000 $ 5,000 $ 30,000 $ 58,000 $ 10,000 $ 40,000 $ 10,000 $ 10,000 738 JOURNAL OF THE HOUSE, Cobb County City of Powder Springs Lowndes County Lowndes County Lowndes County City of Ochlocknee DeKalb County Board of Education City of Keysville City of Blackshear City of Augusta City of Bostwick Bleckley County Board of Education City of Warner Robins Houston County City of Warner Robins Montgomery County Chatham County Chatham County Randolph County Irwin County Athletics Association Operation of the South Cobb County Senior Citizens Center Operation of the Powder Springs Senior Citizens Center Operation of the Lowndes County Hospital Wellness Center Purchase Books for the South Georgia Regional Library Operation of the Lowndes County Brother's Two Residential Center, Inc. Water System Improvements Improvements to Dunwoody High School Baseball Facilities For a Human Resources Facility Roof Repairs to Old Depot For Community-Based Programs Renovations at Susie Agnes Hotel Purchase Furniture for the Bleckley County Elementary School Construction of Warner Robins Amercian Little League Fields Improvements to Athletic Fields Purchase Van for the Senior Citizens Center Sewer Line Improvements Firing Range for the Criminal Justice Training Center at Armstrong Atlantic State University Operation of Ralph Mark Gilbert Civil Rights Museum Repairs to Randolph County Courthouse Operation of the Center for Integrated Rural Development Repairs to Irwin County Courthouse Annex $ 7,000 $ 35,000 $ 35,000 $ 60,000 $ 5,000 $ 5,000 5,000 50,000 50,000 25,000 80,000 10,000 $ 50,000 $ 10,000 $ 50,000 $ 25,000 $ 10,000 $ 10,000 $ 25,000 $ 62,500 $ 25,000 Section 41. Provisions Relative to Section 11, State Board of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,837.30. 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 42. Provisions Relative to Section 12, Employees' Retirement System. There is included in this appropriations bill funding for H.B. 244, H.B. 590, H.B. 679, H.B. 743, H.B. 852, and H.B. 1046. THURSDAY, FEBRUARY 20, 1997 739 Section 43. 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 standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 235 $ 155 2 356 235 3 424 280 4 500 330 5 573 378 6 621 410 7 672 444 8 713 470 9 751 496 10 804 530 11 860 568 Provided, 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 transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44. 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 appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Care 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. Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $182.10 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 arrangement; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. 740 JOURNAL OF THE HOUSE, Section 46. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. 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. It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems. Section 47. Provisions Relative to Section 32, Teachers' Retirement System. There is included in this appropriations bill funding for H.B. 691, H.B. 977, H.B. 586, and H.B. 1025. Section 48. 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 institutions. Section 49. 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 Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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 separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) 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. THURSDAY, FEBRUARY 20, 1997 741 It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 50. 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 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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 51. 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 service contracts, overtime payments, training and other expenses related to security operations 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 appropriate budget units for the purpose of making such payments. Section 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. 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 53. 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 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required 742 JOURNAL OF THE HOUSE, to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 57. (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 appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 58. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 59. 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 THURSDAY, FEBRUARY 20, 1997 743 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 60. 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 purposes listed thereby. A.) Maturities not to exceed two hundred forty months. Regular entitlements for 12 school systems $ Regular advanced funding for 13 school systems Incentive advanced funding for four school systems Balance of the F.Y. 1997 incentive advanced funding for four systems Student services building and health education classrooms at Macon College Phase II of manufacturing related disciplines complex at Georgia Tech Student service/physical education building at Waycross College Music education building at Clayton College and State University Renovations and addition to Walker Hall Classroom Building and Dublin Center at Middle Georgia College Physical education facility at Columbus State University Student center at Atlanta Metropolitan College Flood recovery at Albany State University Phase II of a central utility plant at Augusta State University Renovation of Building C at DeKalb College Renovation of Herty Hall at Georgia College and State University Renovation of Payne Hall at Savannah State University Rock Eagle sewage and water system improvements Addition to a maintenance building at Clayton College and State University Renovation of the science/math building at Dalton College Renovation of the old science building for the School of Nursing at Kennesaw State University Renovation of the Dugas Building for a Principal Amount 27,420,000 $ 33,115,000 16,300,000 21,000,00 8,755,000 27,260,000 6,060,000 4,305,000 7,885,000 13,305,000 5,815,000 2,000,000 4,975,000 1,100,000 4,800,000 1,750,000 1,200,000 655,000 4,965,000 3,380,000 Debt Service 2,440,380 2,947,235 1,450,700 1,869,000 779,195 2,426,140 539,340 383,145 701,765 1,184,145 517,535 178,000 442,775 97,900 427,200 155,750 106,800 58,295 441,885 300,820 744 JOURNAL OF THE HOUSE, pediatrics lab at Medical College of Georgia Oceanographic vessel for Skidaway Institute of Oceanography Retrofit a library ventilation system at the University of Georgia Special Education, speech/language pathology building at Valdosta State University Old Capitol Building renovations at Georgia Military College North Campus parking deck at the University of Georgia Repairs and renovations program at various Department of Technical and Adult Education facilities Low interest loans to local governments for water, sewer and wastewater treatment projects Sewerage system at Georgia Veterans State Park Extension of Berth 13 and related infrastructure at Ocean Terminal Steel framed transit shed adjacent to Berth 13 Two container cranes for Container Birth 7 at Garden City Terminal Renovation of the pilot plant and research facilities at the Food Science and Technology Building at the University of Georgia New Industry Interface Building at the University of Georgia Structural upgrades to Category I dams Governor's Road Improvement Program Dike construction/improvements for the Savannah Harbor New 150-bed YDC in Sumter County Major construction and renovation projects at Department of Human Resources' facilities Morgue/autopsy facility adjacent to the Macon Branch Crime Lab Replacement laboratory building for the Columbus Branch Crime Lab Minor construction projects at various prisons Department of Corrections' food distribution unit and farm projects Design and construction of a training facility for the Department of Children and Youth Services at the Public Safety Training Center Replacement building for the Athens Veterinary Diagnostic Laboratory Improvements to the Atlanta Farmer's Market 4,585,000 1,700,000 4,200,000 3,300,000 4,500,000 10,000,000 9,000,000 20,000,000 250,000 8,700,000 5,790,000 13,300,000 1,900,000 300,000 1,495,000 125,000,000 3,200,000 14,200,000 2,005,000 645,000 3,285,000 2,500,000 480,000 1,540,000 6,000,000 2,000,000 408,065 151,300 373,800 293,700 400,500 890,000 801,000 1,780,000 22,250 774,300 515,310 I,183,700 169,100 26,700 133,055 II,125,000 284,800 1,263,800 178,445 57,405 292,365 222,500 42,720 137,060 534,000 178,000 THURSDAY, FEBRUARY 20, 1997 745 Renovation of all floors and major mechanical systems at 244 Washington Street Americans with Disabilities Act modifications Continue renovations at the State Capitol Land acquisition, renovations and landscaping at the Georgia Agricultural Exposition Authority Learning resources Center classrooms at East Georgia College Continuing Education and Cooperative Extension Facility at Georgia Southern University Construction of the Atlanta Multibodal Transfer Facility Addition to the Atlanta Farmers' Market Land acquisition at Georgia Southwestern State University 4,550,000 3,000,000 7,500,000 1,700,000 4,900,000 3,100,000 10,000,000 500,000 400,000 404,950 267,000 667,500 151,300 436,100 275,900 890,000 44,500 35,600 B.) Maturities not to exceed sixty months. Equipment for the Department of Technical and Adult Education facilities Improvements at state visitor information centers Equipment for the conference center at Georgia Veterans State Park State match for the Sapelo Island lighthouse renovation and for Brasstown Trek construction Repair and renovation projects at the Department of Children and Youth Services Various Department of Children and Youth projects including: $1,520,000 for safety and regulatory requirements; $4,590,000 for HVAC systems; $345,000 for floor coverings; and $265,000 for miscellaneous projects Security projects at various prisons Repairs at the Fire Academy Burn Building 1,905,000 500,000 285,000 150,000 1,605,000 440,055 115,500 65,835 34,650 370,755 6,720,000 1,935,000 430,000 1,552,320 446,985 99,330 Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 $ 11,793,346,344 Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 63. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Coleman of the 142nd moved that the House disagree to the Senate substitute to HB 34. 746 JOURNAL OF THE HOUSE, The following amendment was read: Representative Kaye of the 37th, et al. move to amend the Senate substitute to HB 34 by removing from State funds for the Department of Community Affairs, Section 8, relating to State Fiscal Year 1997, the figure $6,194,636, and by decreasing the object class as listed below: Object Classes Local Assistance Grants (6,194,636) Total Funds Federal/Other State Funds (6,194,636) (6,194,636) Representative Kaye of the 37th moved that the House agree to the Senate substitute, as amended by the House, to HB 34. On the motion, the roll call was ordered and the vote was as follows: N Alien N Andersen N Ashe N Bailey N Baker N Bannister NBarfoot N Barnard NBarnes N Bates N Benefield NBirdsong N Bohannon N Bordeaux N Bradford N Breedlove N Bridges N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter NByrd Y CampbeU N Canty N Carter YCash N Channell N Childers Y Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M Day N DeLoach, B N DeLoach, G Dii N Diion, H N Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans N Everett E Felton N Floyd Y Franklin N Golden Graves NGreene Y Grindley N Hammontree N Hanner N Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins N Johnson Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton McKinney Y Mills N Mobley N Mosley N MueUer N O'Neal On the motion, the ayes were 34, nays 135. The motion was lost. NOrrock NParham NParrish N Parsons N Pelote Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell NPurcell NRagas NRandall NRay N Reaves N Reicbert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett N Scheid N Scott N Shanahan NShaw N SherrUl NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling NSnow NStalUngs N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague NTeper N Thomas NTilbnan N Titus N Tolbert NTrense N Tumquest NTwiggs N Walker, L N Walker, R.L NWest Y Westmorland N Whitaker Y Wiles E WiUiams, B Y WiUiams, J N Williams, R YWorthan Y Yates Murphy, Spkr Representative Cooper of the 31st stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: THURSDAY, FEBRUARY 20, 1997 747 HR 48. By Representatives Johnston of the 81st and Coleman of the 142nd: 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. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Benefield YBirdsong Y Bobannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bonn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews Y Culbreth CummingB Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal Y Orrock YParham Y Fairish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 479. 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, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax assessments; to lower the amount upon which the commissioner may require payment through electronic funds transfer. The following Committee substitute was read and withdrawn: A BILL To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax 748 JOURNAL OF THE HOUSE, assessments; to lower the amount upon which the commissioner may require payment through electronic funds transfer; to authorize the commissioner to promulgate certain rules and regulations; to change provisions to authorize the commissioner to transmit certain executions electronically; to authorize the commissioner to develop procedures to discharge debts for which the statute of limitations has expired; to change provisions regarding the filing of employer tax returns; to repeal certain provisions regarding an income tax credit for low-income taxpayers; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking in its entirety Code Section 48-2-18.1, relating to the creation of a Tax Settlement and Compromise Board, and inserting in its place a new Code Section 48-2-18.1 to read as follows: "48-2-18.1. (a) There is established a beard composed ef a appointee ef the Governor who is et sioner or his or her designee shall be authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collcctibility collectability, and the settlement or compromise is in the best interests of the state. A majority ef- tfee beard shall be empowered te settle ad compromise. The commissioner shall develop procedures for the acceptance and rejection of offers in compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. (b) The beafd created by this Code section shall be designated the Tax Settlement a*d j. lie eftftirmflR find ftelmin191Ffitivc oiiiccr of ttic DOQF T sft tii DC me commissioner." SECTION 2. Said title is further amended by striking in its entirety subsection (f) of Code Section 48-2-32, relating to terms of payment, and inserting in its place a new subsection (f) to read as follows: "(f)(l) As used in this subsection, the term 'electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 $6,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1002 1997, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (4) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (5) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge THURSDAY, FEBRUARY 20, 1997 749 was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (6) Notwithstanding any provision of law to the contrary, the commissioner is authorized 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. (7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure." SECTION 3. Said title is further amended by striking in its entirety Code Section 48-3-1, relating to execution for collection of money due the state, and inserting in its place a new Code Section 48-3-1 to read as follows: "48-3-1. The commissioner may issue an execution for the collection of any tax, fee, license, penalty, interest, or collection costs due the state. The execution shall be directed to all and singular sheriffs of this state or to the commissioner or his authorized representatives and shall command them to levy upon the goods, chattels, lands, and tenements of the taxpayer^ provided that the commissioner may transmit such executions electronically. Each sheriff shall execute the execution as in cases of writs of execution from the superior courts. Whenever any writ of execution has been issued by the commissioner, the taxpayer, in order to obtain a determination of whether the tax is legally due, may tender to the levying officer his affidavit of illegality to the execution and, upon his payment of the tax if required as a condition precedent by the law levying the tax or upon his giving a good and solvent bond in such an amount to cover the total of any adverse judgment plus costs where the law does not require the payment of the tax as a condition precedent, the levying officer shall return the affidavit of illegality, except as otherwise provided by law, to the superior court of the county of the taxpayer's residence. The affidavit of illegality shall be summarily heard and determined by the court." SECTION 4. Said title is further amended by adding immediately following Code Section 48-3-23 a new Code Section 48-3-23.1 to read as follows: "48-3-23.1. In order to preserve public funds and to limit efforts to collect debts or obligations barred by the statute of limitations, the commissioner is authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to administratively discharge any debt or obligation in favor of the department when the collection of any obligation or charge, regardless of amount, is barred by the applicable statute of limitations. Certificates identifying such uncollectable accounts shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the department." SECTION 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 48-7-82, relating to periods of limitation for assessment of taxes, and inserting in its place a new subsection (c) to read as follows: "(c) When the assessment of any income tax has been made within the period of limitation properly applicable to the assessment, the tax may be collected by execution provided that the commissioner may transmit such execution electronically. The general provisions for tax executions as contained in Chapter 3 of this title shall apply to executions pursuant to this subsection." 750 JOURNAL OF THE HOUSE, SECTION 6. Said title is further amended by striking in its entirety Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns and payments of tax, and inserting in its place a new Code Section 48-7-103 to read as follows: "48-7-103. (a)Quartcriy returns. Every employer whose tax withheld or required to be withheld is $200.00 or less per month is required to file and remit payment to the department en Fer G-4- on or before the last day of the month following the end of the quarter. (b)Monthly returns. Every employer whose tax withheld or required to be withheld exceeds $200.00 per month is required to file and remit payment to the department en Fens G-6 on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (c)Jcopofdy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he or she may require the employer to make a return and pay the required tax at any time. (d) The commissioner is authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section, and shall be authorized to permit the filing of returns or the remitting of payments thereunder on an annual basis if agreed to by the taxpayer." SECTION 7. Said title is further amended by striking in its entirety subsection (a) of Code Section 48-7-106, relating to annual and final returns, and inserting in its place a new subsection (a) to read as follows: "(a) On or before February 28 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the commissioner an annual or a final return, as the case may be, on a form prescribed by the commissioner. The employer shall attach to the return copies of the statements required to be furnished under Code Section 48-7-105 for the period covered by the return, provided that in lieu of attaching copies, the commissioner may authorize the reporting of such information by electronic or magnetic media." SECTION 8. Said title is further amended by striking in its entirety Chapter 7A, relating to income tax credits for low-income taxpayers, and inserting in its place the following: "CHAPTER 7A RESERVED". SECTION 9. Said title is further amended by striking in its entirety Code Section 48-8-56, relating to period of delinquency of unpaid taxes, and inserting in its place a new Code Section 48-8-56 to read as follows: "48-8-56. The tax imposed by this article shall become delinquent for each month after the twentieth day of each succeeding month during which it remains unpaid. The commissioner may, and, when any tax becomes delinquent under this article, shall, issue a fi. fa. for the collection of the tax, interest, and penalty from each delinquent taxpayer^ provided that the commissioner may transmit such a fi. fa. electronically." SECTION 10. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 1997. (b) Sections 6 and 8 of this Act shall become effective on January 1, 1998. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, FEBRUARY 20, 1997 751 The following substitute, offered by Representatives Baker of the 70th, Buck of the 135th and Bordeaux of the 131st, was read: A BILL To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax assessments; to lower the amount upon which the commissioner may require payment through electronic funds transfer; to authorize the commissioner to promulgate certain rules and regulations; to change provisions to authorize the commissioner to transmit certain executions electronically; to authorize the commissioner to develop procedures to discharge debts for which the statute of limitations has expired; to change provisions regarding the filing of employer tax returns; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking in its entirety Code Section 48-2-18.1, relating to the creation of a Tax Settlement and Compromise Board, and inserting in its place a new Code Section 48-2-18.1 to read as follows: "48-2-18.1. \&) I ticre ts e91ftuiisJied s DOELFQ composcd of flu flppomtec of trie (j ovcmor WHO 49 flo* uic /itComcy ocncrfti,' trie commi98loner, ciiici trie stflte fliicntopj WHICH ts L us commis~ sioner or his or her designee shall be authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collcctibility collectability, and the settlement or compromise is in the best interests of the state. A majority ef tine beard shall be empowered te settle and compromise. The commissioner shall develop procedures for the acceptance and rejection of offers in compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. (b) The beard created by this Code section shall be designated the Ta* Settlement eaaA Compromise Board. The chairman and administrative officer ef- the beard shall be the commissioner." SECTION 2. Said title is further amended by striking in its entirety subsection (f) of Code Section 48-2-32, relating to terms of payment, and inserting in its place a new subsection (f) to read as follows: "(f)(l) As used in this subsection, the term 'electronic funds transfer" means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 $6,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1002 1997, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (4) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. 752 JOURNAL OF THE HOUSE, (5) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (6) Notwithstanding any provision of law to the contrary, the commissioner is authorized 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. (7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure." SECTION 3. Said title is further amended by striking in its entirety Code Section 48-3-1, relating to execution for collection of money due the state, and inserting in its place a new Code Section 48-3-1 to read as follows: "48-3-1. The commissioner may issue an execution for the collection of any tax, fee, license, penalty, interest, or collection costs due the state. The execution shall be directed to all and singular sheriffs of this state or to the commissioner or his authorized representatives and shall command them to levy upon the goods, chattels, lands, and tenements of the taxpayer^ provided that the commissioner may transmit such executions electronically. Each sheriff shall execute the execution as in cases of writs of execution from the superior courts. Whenever any writ of execution has been issued by the commissioner, the taxpayer, in order to obtain a determination of whether the tax is legally due, may tender to the levying officer his affidavit of illegality to the execution and, upon his payment of the tax if required as a condition precedent by the law levying the tax or upon his giving a good and solvent bond in such an amount to cover the total of any adverse judgment plus costs where the law does not require the payment of the tax as a condition precedent, the levying officer shall return the affidavit of illegality, except as otherwise provided by law, to the superior court of the county of the taxpayer's residence. The affidavit of illegality shall be summarily heard and determined by the court." SECTION 4. Said title is further amended by adding immediately following Code Section 48-3-23 a new Code Section 48-3-23.1 to read as follows: "48-3-23.1. In order to preserve public funds and to limit efforts to collect debts or obligations barred by the statute of limitations, the commissioner is authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to administratively discharge any debt or obligation in favor of the department when the collection of any obligation or charge, regardless of amount, is barred by the applicable statute of limitations. Certificates identifying such uncollectable accounts shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the department." SECTION 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 48-7-82, relating to periods of limitation for assessment of taxes, and inserting in its place a new subsection (c) to read as follows: "(c) When the assessment of any income tax has been made within the period of limitation properly applicable to the assessment, the tax may be collected by execution^ provided that the commissioner may transmit such execution electronically. The general THURSDAY, FEBRUARY 20, 1997 753 provisions for tax executions as contained in Chapter 3 of this title shall apply to executions pursuant to this subsection." SECTION 6. Said title is further amended by striking in its entirety Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns and payments of tax, and inserting in its place a new Code Section 48-7-103 to read as follows: "48-7-103. (a)Quartcrly returns. Every employer whose tax withheld or required to be withheld is $200.00 or less per month is required to file and remit payment to the department e Pens r-l on or before the last day of the month following the end of the quarter. (b)Monthly returns. Every employer whose tax withheld or required to he withheld exceeds $200.00 per month is required to file and remit payment to the department en Pefm G-6 on or before the fifteenth day of the following month] provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (c)Jcopordy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he or she may require the employer to make a return and pay the required tax at any time. (d) The commissioner is authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section, and shall be authorized to permit the filing of returns or the remitting of payments thereunder on an annual basis if agreed to by the taxpayer." SECTION 7. Said title is further amended by striking in its entirety subsection (a) of Code Section 48-7-106, relating to annual and final returns, and inserting in its place a new subsection (a) to read as follows: "(a) On or before February 28 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the commissioner an annual or a final return, as the case may be, on a form prescribed by the commissioner. The employer shall attach to the return copies of the statements required to be furnished under Code Section 48-7-105 for the period covered by the return, provided that in lieu of attaching copies, the commissioner may authorize the reporting of such information by electronic or magnetic media." SECTION 8. Said title is further amended by striking in its entirety Code Section 48-8-56, relating to period of delinquency of unpaid taxes, and inserting in its place a new Code Section 48-8-56 to read as follows: "48-8-56. The tax imposed by this article shall become delinquent for each month after the twentieth day of each succeeding month during which it remains unpaid. The commissioner may, and, when any tax becomes delinquent under this article, shall, issue a fi. fa. for the collection of the tax, interest, and penalty from each delinquent taxpayer provided that the commissioner may transmit such a fi. fa. electronically." SECTION 9. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 1997. (b) Section 6 of this Act shall become effective on January 1, 1998. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: 754 JOURNAL OF THE HOUSE, Representative Joyce of the 1st moves to amend the Floor substitute to HB 479 as follows: Remove Section 2 and renumber other sections accordingly. 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 NBarfoot N Barnard NBames N Bates N Benefield N Birdsong Y Bohannon N Bordeaux N Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner NBunn Y Burkhalter NByrd N Campbell Canty N Carter NCash N Channel! N Childers Y Clark YCoan N Coleman, B N Coleman, T NConneU N Cooper N Crawford N Crews N Culbreth N Cununings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S NDobbs N Dukes N Ehrhart NEpps N Evans N Everett E Felton NFloyd Y Franklin N Golden N Graves NGreene N Grindley Y Hammontree NHanner N Harbin N Heard NHecht Heckstall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye NLadd YLakly NLane NLee Y Lewis Lord N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCaU N McClinton N McKinney Y Mills N Mobley N Mosley N Mueller NO'Neal N Orrock NParham NParrish N Parsons N Pelote Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandaU NRay N Reaves N Reichert NRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid N Scott Shanahan Shaw NSherrill N Shipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 29, nays 140. The amendment was lost. N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre NSnelling NSnow NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus N Tolbert NTrense Turnquest NTwiggs N Walker, L Y Walker, R.L NWest Y Westmoreland N Whitaker N Wiles E WiUiams, B Williams, J N WiUiams, R YWorthan YYates Murphy, Spkr The following amendment was read: Representatives Ehrhart of the 36th, Burkhalter of the 41st, Jackson of the 112th, Campbell of the 42nd and Breedlove of the 85th move to amend the Floor substitute to HB 479 as follows: By adding a new Section 2A as follows: Said title is further amended by adding a new code section to read: Notwithstanding any provision of the law to the contrary, the commissioner shall pay all tax refunds by electronic funds transfer where requested by the taxpayer. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien Y Anderson Y Ashe Y Bailey N Baker Y Bannister NBarfoot N Barnard YBaraes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford THURSDAY, FEBRUARY 20, 1997 755 Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty N Carter YCash YChannell N Childers Y Clark YCoan Y Coleman, B N Coleman, T N ConneU Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDii N DUon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton NFloyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht Hecks tall N Hegstrom N Henson Y Holland N Holmes N Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis Lord Y Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall N McClinton N McKinney Y Mills N Mobley YMosley Y Mueller N O'Neal NOrrock NParham N Parrish Y Parsons N Pelote Perry Y Pinholster NPoag NPolak N Ponder N Porter Y Powell N Purcell NRagas NRandall YRay N Reaves N Reichert YRice Y Richardson Y Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan Shaw N SherrUl YShipp NSims N Sinkfleld N Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R On the adoption of the amendment, the ayes were 99, nays 73. The amendment was adopted. N Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling YSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert YTrense N Turnquest YTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr The following amendment was read: Representative Joyce of the 1st moves to amend the Floor substitute to HB 479 as follows: Remove Section 1 and renumber other sections accordingly. 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 Barnard N Barnes N Bates N Benefield N Birdsong Y Bohannon N Bordeaux N Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter NCash N Channel! N Childers Y Clark YCoan Y Coleman, B N Coleman, T N ConneU Y Cooper N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon, S N Dobbs N Dukes YEhrhart NEpps Y Evans N Everett E Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard N Hecht Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis Lord Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote Perry Y Pinholster YPoag NPolak N Ponder N Porter N Powell N Purcell Ragas NRandall NRay N Reaves 756 JOURNAL OF THE HOUSE, N Reichert N Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott Shanahan Shaw N Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y SneUing N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor N Teague N Teper N Thomas N Tfflman Y Titus N Tolbert Y Trense Turnquest N Twiggs N Walker, L Y Walker, R.L N West Y Westmoreland Y Whitaker Y Wiles E Williams, B Y Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 58, nays 111. The amendment was lost. The following amendment was read and adopted: Representatives Channell of the lllth and Ladd of the 59th move to amend the Floor substitute to HB 479 by striking in their entirety lines 4 and 5 of page 1 and inserting in lieu thereof the following: "assessments; to". By striking in its entirety line 19 of page 2 and inserting in lieu thereof the following: "business owing more than $10,000.00 in". By striking in its entirety line 22 of page 2 and inserting in lieu thereof the following: "July 1, 1992, shall pay any such sales tax,". The Floor substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien YAndereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck YBuckner N Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B N DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett E Felton YFloyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin N Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce N Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott Shanahan Shaw Y Sherrill Y Shipp THURSDAY, FEBRUARY 20, 1997 757 YSims YSinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L N Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Davis of the 60th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. Feb. 21, 1997 To whom it may concern: At 12:51 pm on 2/20/97 the General Assembly (House) passed HB 479 with a vote of 157 to 14. I voted and spoke out to my colleagues in opposition to this bill. The journal recorded a "yea" vote for me I would like to be placed on the record as a "nay" vote and voice my opposition to this bill. Sincerely, /s/ Rep. Mike Coan Dist. 82 By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Banks and Banking: HB 618. By Representatives Franklin of the 39th, Jones of the 71st, Kaye of the 37th, Joyce of the 1st, Ragas of the 64th and others: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that the state and all state agencies and political subdivisions shall be prohibited from entering into any business transaction with a financial institution which has a policy of requiring fingerprints. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Judiciary: SB 81. By Senators Taylor of the 12th, Brown of the 26th, Hooks of the 14th and others: A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Administrative Procedure Act," so as to provide that an agency shall consider the least costly alternative which complies with the statutory directive in formulating a rule; to authorize agencies to grant variances and waivers from compliance with rules. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Industry: 758 JOURNAL OF THE HOUSE, HB 514. By Representatives Martin of the 47th, Brooks of the 54th, Irvin of the 45th, Orrock of the 56th, Ray of the 128th and others: 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 physically handicapped persons, so as to change the provisions relating to definitions; to provide a definition for speculative private residences; to provide for certain accessibility design and construction features for certain speculative private residences. By unanimous consent, HB 546, which was previously postponed until today, was postponed until tomorrow. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 278. By Representatives Trense of the 44th, Felton of the 43rd, Campbell of the 42nd, Burkhalter of the 41st and Ashe of the 46th: A bill to amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the requirement for the creation of an advisory board to assist local government in the creation and operation of 911 systems, so as to require that certain reports on the performance of the 911 communications center be prepared and made available for public inspection on a quarterly basis. The following Committee substitute was read and adopted: A BILL To amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the requirement for the creation of an advisory board to assist local government in the creation and operation of 911 systems, so as to require that certain reports on the performance of an enhanced 911 service be prepared and made available for public inspection on a quarterly basis; 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 46-5-136 of the Official Code of Georgia Annotated, relating to the requirement for the creation of an advisory board to assist local government in the creation and operation of 911 systems, is amended by adding at the end a new subsection to read as follows: "(d) It shall be the duty of the advisory board to prepare and make readily available for public inspection quarterly performance reports regarding the operation of an enhanced 911 service as defined in paragraph (3) of Code Section 46-5-122. The nature and content of these reports shall be at the discretion of the advisory board, however, they shall include at a minimum the following information: average delay in answering 911 calls, total number of unanswered calls, and address and total number of subscribers who called the last quarter who were not included in the data base of the 911 system." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, FEBRUARY 20, 1997 759 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Brown YBuck Y Buckner Y BUM Y Burkhalter YByrd Y Campbell Y Canty Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper 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 Dukes YEhrhart YEpps Y Evans Y Everett E Felton YFloyd Y Franklin Y Golden Y Graves Greene Grindley Y Hammontree Hanner Y Harbin Y Heard Hecht Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McCUnton McKinney Y Mills Y Mobley NMosley Y MueUer YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles E Williams B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 161, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. 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: 760 JOURNAL OF THE HOUSE, HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 34 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 following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. The President has appointed as a Committee of Conference on the part of the Senate the following: Senators Walker of the 22nd, Perdue of the 18th and Hooks of the 14th. 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 recommendation: HB 654 Do Pass Respectfully submitted, /s/ Lord of the 121st Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: THURSDAY, FEBRUARY 20, 1997 761 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 recommendations: HB 152 Do Pass, by Substitute HB 295 Do Pass, by Substitute HB 324 Do Pass, by Substitute HB 522 Do Pass, by Substitute Respectfully submitted, M Martin of the 47th 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 470 Do Pass, by Substitute HB 510 Do Pass, by Substitute Respectfully submitted, M Hanner of the 159th 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 250 Do Pass, by Substitute Respectfully submitted, /s/ Dixon of the 168th Chairman Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 258 Do Pass, by Substitute Respectfully submitted, /s/ Randall of the 127th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. 762 JOURNAL OF THE HOUSE, The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. FRIDAY, FEBRUARY 21, 1997 763 Representative Hall, Atlanta, Georgia Friday, February 21, 1997 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 Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Carter Cash Channel! Childers Clark Coan Coleman, B Cooper Crawford Crews Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dobbs Ehrhart Everett Floyd Franklin Golden Greene Grindley Hammontree Harbin Heard Hecht Heckstall Hegstrom Holland Howard Hudgens Hudson, N Hugley Jackson Jamieson Johnson Johnston Kaye Ladd Lakly Lane Lee Lewis Lord Mann Martin, J Martin, J.L Massey McBee Mills Mosley Mueller O'Neal Par ham Parrish Parsons Pelote Pinholster Poag Ponder Purcell Ray Reaves Reichert Rice Richardson Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shipp Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, V Snelling StaUings Stancil, F Stancil, S Stanley, L Taylor Teague Teper Thomas TiUman Titus Tolbert Trense Twiggs Walker, L West Westmorland Wiles Williams, J Williams, R Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Hudson of the 120th, Whitaker of the 7th, Sherrill of the 62nd, Day of the 153rd, Jones of the 71st, Graves of the 125th, Ragas of the 64th, Walker of the 87th, Lucas of the 124th, Irvin of the 45th, Dix of the 76th, Perry of the llth, Powell of the 23rd, Porter of the 143rd, Smith of the 12th, Dixon of the 150th, Mobley of the 69th, Hanner of the 159th, Randall of the 127th, Bannister of the 77th, Sinkfield of the 57th, McKinney of the 51st, Joyce of the 1st, James of the 140th, Stanley of the 49th, Shaw of the 176th, Polak of the 67th, Smyre of the 136th, McClinton of the 68th, Turnquest of the 73rd, Maddox of the 72nd, Epps of the 131st, Roberts of the 162nd, Baker of the 70th and Snow of the 2nd. They wish to be recorded as present. Prayer was offered by the Reverend Brent Ward, Pastor, Pomona Methodist Church, Griffin, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 764 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 683. By Representative Powell of the 23rd: 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 institution 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 684. By Representative Ponder of the 160th: A bill to provide a new charter for the City of Donalsonville. Referred to the Committee on State Planning & Community Affairs - Local. HB 685. By Representatives Twiggs of the 8th, Dobbs of the 92nd and Sherrill of the 62nd: A bill to amend Chapter 10 of Title 40 of the Official Code of Georgia Annotated, known as the "Highway Safety Coordination Act of 1967," so as to provide that under certain conditions individuals who were either certified or registered as peace officers under Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," may continue their status as peace officers while employed by the Office of Highway Safety in the Department of Public Safety with all benefits associated thereto. Referred to the Committee on Public Safety. HB 686. By Representatives Greene of the 158th, Walker of the 141st, Ponder of the 160th, Purcell of the 147th and Hanner of the 159th: A bill to amend Article 4 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to counsel for public officials and agencies, so as to provide that the Attorney General shall provide counsel to any county or municipal correctional official in any case in which a habeas petition is filed against such official by a state inmate in the physical custody of such official. Referred to the Committee on Judiciary. FRIDAY, FEBRUARY 21, 1997 765 HB 687. By Representative Royal of the 164th: A bill to amend an Act providing a new charter for the City of Pelham, so as to increase the maximum millage rate for ad valorem taxes which may be levied on real and personal property for certain educational purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 688. By Representatives Brown of the 130th, Epps of the 131st and Campbell of the 42nd: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change the provisions relating to concealing the death of another person; to change the punishment for concealing such death. Referred to the Committee on Special Judiciary. HB 689. By Representatives Channell of the lllth, Jenkins of the 110th, Greene of the 158th, Powell of the 23rd and Ponder of the 160th: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, and Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for an application supplement-marriage report form in connection with each marriage license. Referred to the Committee on Judiciary. HB 690. By Representatives Stanley of the 50th, Holmes of the 53rd, McKinney of the 51st, Stanley of the 49th, Tillman of the 173rd and others: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide for a two-year phase-in of a prohibition on burning or incinerating sludge in an Environmental Protection Agency nonattainment area; to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, relating to resource recovery development authorities, so as to provide for a two-year phase-in of a prohibition on burning or incinerating sludge. Referred to the Committee on Natural Resources & Environment. HB 691. By Representative Hugley of the 133rd: A bill to amend an Act reconstituting the Board of Education of Talbot County, so as to provide for education districts. Referred to the Committee on State Planning & Community Affairs - Local. HB 692. By Representative Hugley of the 133rd: A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide for commissioner districts. Referred to the Committee on State Planning & Community Affairs - Local. HB 693. By Representative Hanner of the 159th: A bill to create the Dawson-Terrell County Airport Authority. Referred to the Committee on State Planning & Community Affairs - Local. 766 JOURNAL OF THE HOUSE, HB 694. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act known as the "Peach County Water and Sewer Authority Act," so as to provide that the members of the board shall enter upon their duties on July 1, 1997. Referred to the Committee on State Planning & Community Affairs - Local. HB 695. By Representatives Twiggs of the 8th, Dobbs of the 92nd and Sherrill of the 62nd: A bill to amend Chapter 15 of Title 40 of the Official Code of Georgia Annotated, relating to the motorcycle operator safety training program, so as to provide that the commissioner of public safety shall have authority over the administration of the motorcycle operator safety training program. Referred to the Committee on Public Safety. HB 696. By Representative Powell of the 23rd: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of dating services. Referred to the Committee on Industry. HB 697. By Representatives Bridges of the 9th and Everett of the 163rd: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to terminate certain contributions to the Solid Waste Trust Fund effective June 30, 1998. Referred to the Committee on Natural Resources & Environment. HB 698. By Representatives Lewis of the 14th, Shanahan of the 10th, Walker of the 141st, Skipper of the 137th, Cummings of the 27th 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 provide that the State Board of Workers' Compensation shall notify the Department of Human Resources and the appropriate child support receiver of any lump sum settlements in advance of the payment thereof so that appropriate action may be taken to recover appropriate amounts of the settlement for child support arrearages. Referred to the Committee on Judiciary. HB 699. By Representative Williams of the 83rd: 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 provide for certain contracts for speech pathology services with persons certified by the Professional Standards Commission notwithstanding their not being licensed. Referred to the Committee on Education. FRIDAY, FEBRUARY 21, 1997 767 HB 701. By Representatives Sauder of the 29th and Banner 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 provide that in imposing or negotiating any civil penalty imposed for a violation of certain environmental laws, the offender's comprehensive environmental compliance program shall be taken into account as a mitigating factor. Referred to the Committee on Natural Resources & Environment. HB 703. By Representative Williams of the 114th: 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 generally, so as to change certain provisions relating to applicability to various types of insurance. Referred to the Committee on Insurance. HB 704. By Representatives Bunn of the 74th, Mann of the 5th, Roberts of the 162nd, Heckstall of the 55th, Smith of the 175th and others: A bill to amend Code Section 34-9-260 of the Official Code of Georgia Annotated, relating to the basis for computing workers' compensation, so as to change the basis for computing the average weekly wage of certain members of the Georgia National Guard; to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding the indemnification of certain law enforcement officers so as to include certain members of the Georgia National Guard and firemen. Referred to the Committee on Industrial Relations. HB 707. By Representatives Sherrill of the 62nd and Jenkins of the 110th: A bill to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning criminal trespass and damage to property, so as to provide that it shall be unlawful to solicit for employment on public or private property without the express written permission of the owner. Referred to the Committee on Special Judiciary. HB 708. By Representatives Skipper of the 137th and Polak of the 67th: 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 make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work. Referred to the Committee on Industry. HB 709. By Representatives Skipper of the 137th and Polak of the 67th: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work. Referred to the Committee on Industry. 768 JOURNAL OF THE HOUSE, HB 710. By Representatives Ray of the 128th, Lucas of the 124th, Birdsong of the 123rd, Reichert of the 126th, Randall of the 127th and others: A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for the development by the authority of industrial and commercial sites in Bibb County through contracts, joint venture agreements, or other undertakings with certain public entities. Referred to the Committee on State Planning & Community Affairs - Local. HB 711. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor. Referred to the Committee on State Planning & Community Affairs - Local. HB 712. By Representatives Skipper of the 137th and Polak of the 67th: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for judgments on delinquent penalties or other obligations; to authorize the administrator to designate the use of certain funds and to establish a consumer preventive education plan. Referred to the Committee on Industry. HB 713. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act placing the coroner of Carroll County on an annual salary, so as to change the compensation of the coroner of Carroll County. Referred to the Committee on State Planning & Community Affairs - Local. HB 715. By Representatives Coleman of the 142nd and Parrish of the 144th: A bill to amend Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to the ongoing review of state programs and functions, so as to change the provisions relating to listing such programs and when certain reports are due; to provide for duties of the research office of the Budgetary Responsibility Oversight Committee. Referred to the Committee on Appropriations. HB 716. By Representatives Coleman of the 142nd and Parrish of the 144th: A bill to amend Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to the ongoing review of state programs and functions, so as to change the provisions relating to listing such programs and when certain reports are due; to provide for duties of the research office of the Budgetary Responsibility Oversight Committee. Referred to the Committee on Appropriations. HB 717. By Representatives Coleman of the 142nd, Walker of the 141st and Buck of the 135th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, providing for annual salaries for certain state officials and adjustments thereto, so as to provide that cost-of-living increases for members of the General Assembly shall be tied to corresponding general increases for state employees. Referred to the Committee on Appropriations. FRIDAY, FEBRUARY 21, 1997 769 HB 718. By Representatives Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County. Referred to the Committee on State Planning & Community Affairs - Local. HB 719. By Representatives Orrock of the 56th and Walker of the 141st: A bill to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of certain felonies or other offenses, so as to change the amount of the reward which may be offered and paid by county and municipal governing authorities. Referred to the Committee on State Planning & Community Affairs. HB 720. By Representative Bannister of the 77th: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change certain provisions relating to provisions in individual and group accident and sickness policies for termination of coverage of surviving spouse or as a result of break in marital relationship and issuance of policies to spouses. Referred to the Committee on Insurance. HB 721. By Representative Orrock of the 56th: A bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, so as to provide for the selection of the medical examiner of Fulton County and such person's term of office and compensation. Referred to the Committee on State Planning & Community Affairs - Local. HB 722. By Representatives Coleman of the 142nd, Greene of the 158th, Ponder of the 160th, Carter of the 166th, Skipper of the 137th and others: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change provisions relating to state relations with nonprofit organizations providing services and facilities to the state. Referred to the Committee on Appropriations. HB 723. By Representative Childers of the 13th: 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 generally, so as to provide for a special license plate honoring and supporting the Shrine hospitals for disabled children. Referred to the Committee on Motor Vehicles. HB 724. By Representative Golden of the 177th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership by superior court judges, district attorneys, and other court personnel in the Employees' Retirement System of Georgia, so as to provide that employees of a district attorney who are paid by the office of the district attorney may become members of such retirement system subject to certain conditions. Referred to the Committee on Retirement. 770 JOURNAL OF THE HOUSE, HB 725. By Representatives Teper of the 61st, Holland of the 157th, Skipper of the 137th, Walker of the 141st, Ehrhart of the 36th and others: A bill to amend Code Section 7-1-1010 of the Official Code of Georgia Annotated, relating to the annual written reports and financial statements to be filed by licensed mortgage brokers and lenders, so as to provide for an exception 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 Banks & Banking. HR 326. By Representatives Hanner of the 159th, Dixon of the 150th and Bordeaux of the 151st: A resolution creating the Joint Coastal Ground-water Resources Study Committee. 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 742. By Representatives Henson of the 65th, Shanahan of the 10th, Cummings of the 27th, Childers of the 13th, Pelote of the 149th and others: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to issuance, return, and recording of marriage licenses, so as to provide that mayors of municipalities may perform marriage ceremonies. 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 656 HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663 HtrBa 6ec6u4 HB 681 HB 682 HB 700 HB 702 HB 705 HB 706 HB 714 JJD Y26 U""TJ 0d1iQ" HrlD R fOifDifDi HB 667 HB 668 rir> o69 HHBB 667712 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HQTRJ 32IA4 gg 2g gg 2Q on C.H SCBTj 5to8 SB f SB 67 bB 68 SB 78 SB 90 SB 105 SB 111 SB 117 FRIDAY, FEBRUARY 21, 1997 771 SB 118 SB 121 SB 138 SB 155 SB 173 SB 184 SB 199 SB 214 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 617 Do Pass HB 639 Do Pass HB 640 Do Pass HB 641 Do Pass HB 643 Do Pass Respectfully submitted, M Royal of the 164th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, FEBRUARY 21, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below: HB 255 Landlord and tenant; written brokerage agreements HB 289 Sheriff Offices' Nomenclature Act of 1997; enact HB 331 Workers' compensation; amend provisions HB 380 Employees' Ret; cert law enf personnel; normal service retirement HB 387 Motor vehicles; joint interest; certificate of title HB 463 Sheriffs' Retirement; board invest in certain corporations HB 508 Hotel-motel tax; additional levy; certain co/mun HB 590 Elections; certain illegal acts; increase penalties 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 consideration and read the third time: HB 617. By Representatives Epps of the 131st and Smith of the 102nd: A bill to create and establish the Meriwether County Airport Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 772 JOURNAL OF THE HOUSE, HB 639. By Representatives Day of the 153rd, Mueller of the 152nd, Thomas of the 148th, Pelote of the 149th and Dixon of the 150th: A bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 640. By Representatives Jackson of the 112th and Hudson of the 120th: A bill to amend an Act providing for a seven-member Board of Education of McDuffie County, so as to change the provisions relating to compensation of the members of said board of education. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 641. By Representatives Martin of the 145th and Lane of the 146th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bulloch County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 643. By Representative Tillman of the 173rd: A bill to amend an Act creating the Board of Commissioners of Mclntosh County and to amend an Act creating the Board of Education of Mclntosh County, so as to provide for new commissioner districts; to provide for new education districts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Alien Y Andereon Y Ashe Y Bailey Baker Bannister Y Barfoot Y Barnard Y Barnes Y Bates YBenefield Y Birdsong YBohannon Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carter Y Cash Y Channell Y Childers Y Clark N Coan Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Dix Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Epps Evans Y Everett E Felton Y Floyd N Franklin Y Golden Y Graves Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Jenkins Johnson Y Johnston Jones Y Joyce N Kaye Y Ladd Y Lakly Y Lane Y Lee FRIDAY, FEBRUARY 21, 1997 773 Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L Massey YMcBee EMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y MueUer Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell Ragas Randall YRay Reaves Y Reichert Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Thomas Y Tillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles E Williams, B Williams, J Y Williams, R Worthan Y Yates Murphy, Spkr On the passage of the Bills, the ayes were 135, nays 8. The Bills, having received the requisite constitutional majority, were passed. Representative Epps of the 131st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 104. By Senators Taylor of the 12th, Brown of the 26th, Perdue of the 18th and others: A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for money payments of public assistance to be made by electronic transfer; to change provisions with respect to hearings; to change provisions with respect to the issuance of subpoenas; to repeal Article 5 of Chapter 4 of said title, the "Aid to Dependent Children Act". HB 540. By Representative Channell of the lllth: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Greene County. The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House: HB 323. By Representatives Twiggs of the 8th and Dobbs of the 92nd: A bill to provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County. The Senate has passed by the requisite constitutional majority the following bill of the Senate: 774 JOURNAL OF THE HOUSE, SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and others: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the various counties to contract with the State Personnel Board for the participation of certain county officers in the state employees' health insurance plan; to provide for a definition; to provide for the collection of payments from county employees, retirees, and dependents. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and others: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the various counties to contract with the State Personnel Board for the participation of certain county officers in the state employees' health insurance plan; to provide for a definition; to provide for the collection of payments from county employees, retirees, and dependents. Referred to the Committee on Insurance. SB 104. By Senators Taylor of the 12th, Brown of the 26th, Perdue of the 18th and others: A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for money payments of public assistance to be made by electronic transfer; to change provisions with respect to hearings; to change provisions with respect to the issuance of subpoenas; to repeal Article 5 of Chapter 4 of said title, the "Aid to Dependent Children Act". Referred to the Committee on Children and Youth. The following Resolution of the House was read and referred to the Committee on Rules: HR 342. 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 Resolutions of the House were read and adopted: HR 341. By Representative Rice of the 79th: A resolution congratulating Mr. and Mrs. John W. Coryell on their fiftieth wedding anniversary. HR 345. By Representative Childers of the 13th: A resolution designating Eye Donor Month. FRIDAY, FEBRUARY 21, 1997 775 HR 346. By Representative Crews of the 78th: A resolution commending the participants of the World Vision 30 Hour Famine Program. HR 347. By Representative Rogers of the 20th: A resolution recognizing and commending Shirley G. Strong. HR 348. By Representative Rogers of the 20th: A resolution congratulating the Gainesville Division of SunTrust Bank. HR 349. By Representative Hanner of the 159th: A resolution recognizing and commending the Georgia Nursing Home Association Education and Research Foundation. HR 350. By Representative Stancil of the 91st: A resolution recognizing and commending William J. Malueg. HR 351. By Representatives Mills of the 21st, Smith of the 19th, Rogers of the 20th and Tolbert of the 25th: A resolution recognizing and commending Dr. J. Foster Watkins. HR 352. By Representative Purcell of the 147th: A resolution commending Chief Carl Hamilton. HR 353. By Representative Tolbert of the 25th: A resolution commending and congratulating Beulah and Roy Smith on their 50th wedding anniversary. HR 354. By Representatives Snow of the 2nd, Murphy of the 18th, Joyce of the 1st, Clark of the 3rd and Perry of the llth: A resolution recognizing and commending Jim Key. HR 355. By Representatives Hudgens of the 24th, Jackson of the 112th, Bailey of the 93rd, Williams of the 114th, Harbin of the 113th and others: A resolution paying tribute to Honorable William Roscoe Coleman. HR 356. By Representatives Brooks of the 54th, Teague of the 58th, McKinney of the 51st, Davis of the 48th and Holmes of the 53rd: A resolution in memory of Stanley Leroy Wise. HR 357. By Representatives Brooks of the 54th, Teague of the 58th, Davis of the 48th, McKinney of the 51st and Holmes of the 53rd: A resolution in memory of Mrs. Alice Stallings Beasley. HR 358. By Representatives Brooks of the 54th, Teague of the 58th, McKinney of the 51st, Davis of the 48th and Holmes of the 53rd: A resolution in memory of Ruth Perry Scott. 776 JOURNAL OF THE HOUSE, The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 323. By Representatives Twiggs of the 8th and Dobbs of the 92nd: A bill to provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County. The following Senate amendment was read: Amend HB 323 by striking all matter on line 32 of page 1 and inserting in lieu thereof the following: "April 9, 1996 (Ga. L. 1996, p. 4353)." Representative Twiggs of the 8th moved that the House agree to the Senate amendment to HB 323. 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 following Bills of the House were taken up for consideration and read the third time: HB 255. 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 brokerage agreements and the construction thereof; to provide for the nature and scope of written brokerage agreements incorporated into leases. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlord-tenant relationship, so as to provide for the effect of written real estate brokerage commission agreements; to provide for the protection of contractual rights of real estate brokers to receive compensation subsequent to the conveyance or other transfer of real property or of a leasehold interest in specified circumstances; to provide for notices of commission rights and their contents, filing, and the effect of such filing; to provide for waiver and release of commission rights; to provide for applicability; to provide for practices, procedures, and requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlord-tenant relationship, is amended by adding at the end thereof a new Code Section 44-7-21 to read as follows: "44-7-21. (a) Where a landlord or tenant has entered into a written brokerage commission agreement for the payment of compensation or promise of payment to a real estate broker in consideration of brokerage services rendered in connection with the consummation of FRIDAY, FEBRUARY 21, 1997 777 a lease, then, notwithstanding any rule or construction of law under which such written brokerage commission agreement might otherwise be considered the personal obligation of the original landlord or tenant specifically named in the lease, such written brokerage commission agreement shall, pursuant to the terms of this Code section, constitute a binding contractual obligation of such landlord or tenant, as the case may be, and of their respective grantees, successors, and assigns. Upon any sale, transfer, assignment, or other disposition, including, without limitation, by reason of the enforcement of any mortgage, lien, deed to secure debt, or other security instrument, of a landlord's interest in real property or upon any sale, assignment, transfer, or other disposition of a tenant's leasehold interest, the succeeding party shall be bound for all obligations occurring after the sale, transfer, assignment, or other disposition with the same effect as if such succeeding party had expressly assumed the landlord's or tenant's obligations relating to the written brokerage commission agreement if: (1) A written brokerage commission agreement is incorporated into the lease; (2) The real estate broker has complied with subsection (b) of this Code section; (3) The succeeding party assumes the benefits of the tenancy, rental amount, and term of the lease; and (4) The written brokerage commission agreement has not been waived in writing by the broker. The conveyance or transfer of the real property coupled with the continuing assumption of the tenancy, rental amount, and term of said lease shall constitute conclusive evidence of the succeeding landlord's or tenant's agreement to pay such periodic commission payments under the written brokerage commission agreement. (b) A real estate broker shall be entitled to the protections afforded by this Code section only upon the broker's recording a notice of commission rights in the deed records in the office of the clerk of the superior court in the county in which the real property or leasehold interest is located within 30 days of the execution of the lease incorporating the written brokerage commission agreement. Said notice of commission rights must be filed before conveyance of the real property, must be signed by the broker or by a person expressly authorized to sign on behalf of the broker, and must follow substantially the following form: 'NOTICE OF COMMISSION RIGHTS The undersigned licensed Georgia real estate broker does hereby publish this NOTICE OF COMMISSION RIGHTS pursuant to Code Section 44-7-21 of the Official Code of Georgia Annotated to establish that the lease set forth below contains a written brokerage commission agreement providing for the payment or promise of payment of compensation for brokerage services. Owner Landlord Tenant Lease date Lease term Project name or building Legal Description: All that tract or parcel of land lying and being in the State of Georgia, County of _________, being more particularly described on Exhibit 'A* attached hereto and made a part hereof. (A full and complete legal description is required for this form to be valid.) Given under hand and seal this ____ day of ________, 19__. 778 Signed, sealed, and delivered in the presence of: Unofficial Witness JOURNAL OF THE HOUSE, Name: Broker: .(Seal) Notary Public (Notary Seal Attached) Georgia Real Estate License No. ' (c) The real estate broker must file a release of commission rights within 30 days of receipt of the final payment of commissions due under the written brokerage commis- sion agreement. (d) This Code section shall only apply to leaseholds of all or a portion of commercial real estate as that term is defined in Code Section 44-14-601 which are entered into on or after July 1, 1997. (e) Notwithstanding any provision of this Code section to the contrary, this Code section does not create an interest in the real property which is the subject of the lease." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Rule 134, Representative Stancil of the 16th was excused from voting on HB 255. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien YAndereon YAshe Y Bailey Y Baker Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T YConnell Y Cooper 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 YDixon, S Y Dobbs Dukes Y Ehrhart Y Epps Evans Y Everett Y Felton YFloyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones Y Joyce Y Kaye Y Ladd N Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee E McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock Y Parham Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Randall Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sheirill Y Shipp FRIDAY, FEBRUARY 21, 1997 779 YSims YSinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y SneUing Snow Y Stallings Y Stancil, F Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Tumquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker N Wiles E Williams, B Y Williams, J Y Williams, R Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 161, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 546. By Representative Holmes of the 53rd: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the official list of electors may include symbols to assist in confirming an elector's address. The following amendment was read: Representative DeLoach of the 172nd moves to amend HB 546 by striking lines 4 through 6 of page 1 and inserting in lieu thereof the following: "assist in confirming an elector's address; to require the presentation of photographic identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place; to provide what shall constitute proper photographic identification; to provide for alternative procedures for certification of identification; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes." By inserting after line 31 of page 1 the following: "SECTION 2. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in Part 1 of Article 11 of Chapter 2, relating to general provisions relating to preparation for and conduct of primaries and elections, by striking Code Section 21-2-416 which reads as follows: '21-2-416. Reserved.', and inserting in lieu thereof a new Code Section 21-2-416 to read as follows: '21-2-416. (a) Each elector shall present proper photographic identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place unless a poll officer has personal knowledge of the identity of the elector. Proper photographic identification shall consist of any one of the following: (1) A valid Georgia driver's license; (2) A valid identification card bearing a photograph of the elector and issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; 780 JOURNAL OF THE HOUSE, (4) A valid employee identification card bearing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card bearing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business; (6) A valid student identification card bearing a photograph of the elector and issued by any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States and bearing a photograph of the elector; (8) A valid United States military identification card bearing a photograph of the elector; or (9) Certified naturalization documentation bearing a photograph of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section or to be identified by a poll officer pursuant to that subsection, he or she shall sign an affidavit in a form approved by the Secretary of State, separate and distinct from the elector's voter certificate, swearing or affirming that he or she is the person identified on the elector's voter certificate. Falsely swearing or affirming such affidavit shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the affidavit.' SECTION 3. Said title is further amended in Part 1 of Article 11 of Chapter 3, relating to general provisions relating to preparation for and conduct of municipal primaries and elections, by striking Code Section 21-3-325 which reads as follows: '21-3-325. Reserved.', and inserting in lieu thereof a new Code Section 21-3-325 to read as follows: '21-3-325. (a) Each elector shall present proper photographic identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place unless a poll officer has personal knowledge of the identify of the elector. Proper photographic identification shall consist of any one of the following: (1) A valid Georgia driver's license; (2) A valid identification card bearing a photograph of the elector and issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card bearing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card bearing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business; FRIDAY, FEBRUARY 21, 1997 781 (6) A valid student identification card bearing a photograph of the elector and issued by any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States and bearing a photograph of the elector; (8) A valid United States military identification card bearing a photograph of the elector; or (9) Certified naturalization documentation bearing a photograph of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section or to be identified by a poll officer pursuant to that subsection, he or she shall sign an affidavit in a form approved by the Secretary of State, separate and distinct from the elector's voter certificate, swearing or affirming that he or she is the person identified on the elector's voter certificate. Falsely swearing or affirming such affidavit shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the affidavit.'" By renumbering Sections 2 and 3 as Sections 4 and 5. The following amendment was read and adopted: Representative Walker of the 141st moves to amend the DeLoach amendment to HB 546 as follows: By adding a new subsection (c) on page 2, after line 34 to read as follows: (c) Whenever a poll officer allows a person to vote based on "personal knowledge of the identity of the elector" as provided for in subsection (a) above, this shall be conclusively presumed to be true unless shown by clear and convincing evidence to the contrary and in no instance shall the poll officer be held liable or at fault for any such determination made as to personal knowledge of the elector. The following amendment was read: Representative Reichert of the 126th moves to amend the DeLoach amendment to HB 546 as follows: Page 2, line 31 after the word "certificate" add "and all such persons shall be allowed to vote without undue delay". On the adoption of the Reichert amendment to the DeLoach amendment, the roll call was ordered and the vote was as follows: Y Alien Anderaon Y Ashe Y Bailey Y Baker N Bannister YBarfoot N Barnard NBarnes N Bates Y Benefield YBirdsong N Bohannon N Bordeaux Y Bradford N Breedlove N Bridges Y Brooks N Brown Y Buck Y Buckner N Bunn N Burkhalter Y Byrd Y Campbell Canty Y Carter Y Cash Y Channell Y Childers Clark N Coan N Coleman, B Y Coleman, T Y Connell Y Cooper N Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Day Y DeLoach, B N DeLoach, G N Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes N Ehrhart Y Epps Evans Y Everett N Felton Floyd N Franklin Y Golden Y Graves Y Greene N Grindley N Hammontree Y Manner N Harbin Y Heard 782 JOURNAL OF THE HOUSE, YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins N Johnson Y Johnston Y Jones N Joyce NKaye NLadd NLakly NLane YLee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee EMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal YOrrock YParham Parrish N Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas RandaU YRay Y Reaves Y Reichert YRice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre N Snelling YSnow Y StaUings Y Stancil, F N Stancil, S Y Stanley, L On the adoption of the amendment, the ayes were 116, nays 50. The amendment was adopted. Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman N Titus Y Tolbert NTrense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L West N Westmoreland N Whitaker N Wiles E Williams, B Y Williams, J N Williams, R Worthan NYates Murphy, Spkr The following amendment was read: Representative Dobbs of the 92nd moves to amend the DeLoach amendment to HB 546 as follows: Amend Section 2 by adding after paragraph (c) on page 2: (d) A valid voter registration card shall satisfy the requirement for identification. Representative Jamieson of the 22nd moved that HB 546 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Bailey Y Baker N Bannister YBarfoot N Barnard Y Barnes N Bates N Benefield Y Birdsong N Bohannon Y Bordeaux N Bradford Y Breedlove N Bridges Y Brooks N Brown NBuck N Buckner NBunn N Burkhalter YByrd N Campbell Canty N Carter NCash YChanneU Childers N Clark NCoan N Coleman, B N Coleman, T Connell N Cooper 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 Y Dixon, S Y Dobbs Y Dukes N Ehrhart YEpps Evans N Everett N Felton Floyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree N Manner Y Harbin Y Heard N Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson N Jenkins Y Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane NLee Y Lewis Lord Y Lucas Y Maddox NMann N Manning Y Martin, J N Martin, J.L N Massey Y McBee EMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller N O'Neal YOrrock YParham Y Parrish N Parsons Y Pelote Y Perry N Pinholster NPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall NRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett Y Scheid N Scott Y Shanahan YShaw Y Sherrill N Shipp YSims Y Sinkfield Y Skipper Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Smith, T N Smith, V Y Smyre N Snelling YSnow S tailings Y Stancil, F FRIDAY, FEBRUARY 21, 1997 783 Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague N Teper Y Thomas YTfflman N Titus Y Tolbert N Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L On the motion, the ayes were 88, nays 76. The motion prevailed. West N Westmorland Y Whitaker N Wiles E Williams, B N Williams, J Y Williams, R Worthan N Yates Murphy, Spkr HB 463. By Representatives Buck of the 135th, Barnes of the 33rd, Coleman of the 142nd and Manner of the 159th: A bill to amend Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia, so as to provide that the board may invest in certain 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 roll call was ordered and the vote was as follows: Y Alien Y Anderaon Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper 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 Dukes YEhrhart YEpps Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Hanner Harbin Y Heard YHecht YHeckstaU Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee EMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Smelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Worthan 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. HB 380. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to provide that certain law enforcement personnel may retire upon a normal service retirement with certain benefits. 784 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to provide that certain law enforcement personnel may retire at age 55 years with certain benefits; to repeal certain ineffective laws relating to mandatory retirement for certain law enforcement personnel; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, is amended by striking in its entirety Code Section 47-2-223, relating to retirement benefits for certain law enforcement officers, and inserting in lieu thereof the following: "47-2-223. (a) For purposes of this Code section, the term 'highest average compensation' means the member's highest average monthly earnable compensation during a period of eight consecutive calendar quarters while a member of the retirement system but shall not include any decrease in salary that is in excess of two 5 percent decreases during such eight calendar quarters. (b) Anything in this chapter to the contrary notwithstanding, every person who is in service in the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer, or trooper, or as an officer or agent of the Georgia Bureau of Investigation on June 30, 1970, and every person who enters or reenters such service on or after July 1, 1970, shall retire upon attainment ef the mandatory retirement age p*eacribod by this Code section; may retire at any time after attaining the age of 55 and upon retirement such retiree shall receive the regular retirement benefits under this chapter, provided that he or she shall in any case receive a minimum monthly retirement benefit equal to 2 percent of his or her highest average compensation for each year of creditable service by filing an application therefor in a manner similar to that provided in Code Section 47-2-110. (c) A member whe is subject te this Code section shall fee retired e the last day ef the montii ioiiowiii tiie inontri m wiiicii lie flttftins oo yeftps of &e. J. lie in&ncioxory retire* a member whie entered service i the Uniform Division en ef feefere December 1; 1066, to compiete service sutiicient to provide iiim witii &o yeflrs of t-otQi crewII/ELDic service. Seh member shall be retired e the last day ef the faenth following the month which he completes such service. This Code section shall et apply te the eommissreaer of the deputy commissioner ef- public safety." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard Barnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Carter Y Cash Y Channell Y Childers FRIDAY, FEBRUARY 21, 1997 785 Y Clark Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper 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 YDobbs Y Dukes YEhrhart Epps Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Gieene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee EMcCaU Y McClinton McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Worthan 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 508. By Representative Skipper of the 137th: 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax. The report of the Committee, which was favorable to the 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 Asbe Y Bailey Y Baker N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell Canty Carter YCash Y Channell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y CumminKS Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones N Joyce NKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee EMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham 786 JOURNAL OF THE HOUSE, Y Punish Y Parsons Pelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter Powell YPuicell YRagas Randall Y Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid N Scott Shanahan Shaw SherriU Y Shipp Y Sims Y Stakfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Suitings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles E Williams, B N Williams, J Y Williams, R Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 149, nays 11. The Bill, having received the requisite constitutional majority, was passed. HB 289. By Representative Twiggs of the 8th: 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 symbols; to provide a statement of public policy; to provide a short title. The following Committee substitute was read: 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 symbols; to provide a statement of public policy; to provide a short title; to define certain terms; to provide that a sheriff shall determine the nomenclature to be used by the sheriffs office subject to certain restrictions; 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 certain 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 1997.' 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 excellence 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 FRIDAY, FEBRUARY 21, 1997 787 use any sheriff office's name or any term used to identify the sheriffs office or its members 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. (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 sheriff 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 violation of this article, unless upon learning of the violation he or she immediately terminates 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 publication; or play, motion picture, 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 sheriffs office shall be in violation of this article. 15-16-54. The sheriff, at his or her sole discretion, shall determine any symbol, seal, badge, or other nomenclature to be used by the sheriffs office so long as the use of any such nomenclature is not in violation of any other state or federal law. 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 publication; or play, motion picture, 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 office without written permission from the sheriff shall be in violation 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 designated by the sheriff. Within 15 calendar days after receipt of the request, the chief deputy 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 this Code section or 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. 788 JOURNAL OF THE HOUSE, 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 penalty 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 sanctions in the superior court in the county of residence of the violator. 15-16-58. 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 following amendment was read and adopted: Representative Tolbert of the 25th moves to amend the Committee substitute to HB 289 as follows: Page 2 line 39 after the word circular, add political endorsement, Page 3 line 3 after the word circular, add political endorsement, Page 3 line 17 after the word circular, add political endorsement Page 3 line 21 after the word circular, add political endorsement The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 387. By Representatives Porter of the 143rd, Parham of the 122nd and Martin of the 47th: A bill to amend Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to transfer of vehicle by operation of law, so as to provide for joint interest in a vehicle with survivorship in two or more persons. FRIDAY, FEBRUARY 21, 1997 789 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 331. By Representatives Lane of the 146th, Bordeaux of the 151st, Hammontree of the 4th, Martin of the 47th and Orrock of the 56th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the cost of collection may also include reasonable attorneys' fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit. The following Committee substitute was read and withdrawn: A BILL To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the cost of collection may also include reasonable attorneys' fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit; to provide that a hearing before an administrative law judge may be held in any county within 50 miles of the county of injury or death; to provide for the holding of a hearing by the superior court within 60 days of the date of docketing in such court; to authorize the board to promulgate rules and regulations with regard to third-party administrators and servicing agents with regard to their management or administration of workers' compensation claims; to require third-party administrators and servicing agents to demonstrate licensure and compliance with Title 33; to change a provision relating to certification or licensing of rehabilitation suppliers; to increase the maximum weekly compensation for total disability; to increase the maximum weekly compensation for temporary partial disability; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-18, relating to civil penalties and the costs of collection, and inserting in lieu thereof the following: "34-9-18. (a) Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation. (b) Any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under this chapter may be assessed a civil penalty of not less than $1,000.00 nor more than $10,000.00 per violation. (c) In addition to the penalty and assessed fees as defined in subsection (b) of Code Section 34-9-126, the board may assess a civil penalty of not less than $500.00 nor more than $5,000.00 per violation for the violation by any person of Code Section 34-9-121 or subsection (a) of Code Section 34-9-126. (d) Any penalty assessed under subsections (a), (b), and (c) of this Code section shall be final unless within ten days of the date of the assessment the person fined files a written request with the board for a hearing on the matter. 790 JOURNAL OF THE HOUSE, (e) Any person, firm, or corporation who is assessed a civil penalty pursuant to this Code section may also be assessed the cost of collection. The cost of collection may also include reasonable attorneys' fees. (f) 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 general fund of the state treasury." SECTION 2. Said chapter is further amended by striking Code Section 34-9-24, relating to the fraud and compliance unit, and inserting in lieu thereof the following: "34-9-24. (a) There is established within the office of the State Board of Workers' Compensation a fraud and compliance unit. This unit shall assist the chairperson in administratively investigating allegations of fraud and noncompliance and in developing and implementing programs to prevent fraud and abuse. The unit shall promptly notify the appropriate prosecuting attorney's office of any action which involves criminal activity. When so required or requested by the chairperson or the specific district attorney, the unit shall cooperate with the district attorney in the investigation and prosecution of criminal violations. (b) The State Board of Workers' Compensation or any employee or agent thereof is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties under this Code section. (c) Fraud investigators employed in the fraud and compliance unit who are certified in compliance with Chapter 8 of Title 35 shall have the authority to execute search warrants and make arrests pursuant to warrants only if such warrants have been issued as the result of a criminal investigation of an alleged violation of Chapter 9 of Title 34. Such fraud investigators are authorized to serve subpoenas in connection therewith. (d) In the absence of fraud or malice, no person or entity who furnishes to the board information relevant and material to suspected fraud under or noncompliance with the workers' compensation laws of this state shall be liable for damages in a civil action or subject to criminal prosecution for the furnishing of such information." SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 34-9-102, relating to hearings before administrative law judges, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Place of hearing. If the injury or death occurred within this state, the hearing shall be held in the county where the injury or death occurred or in any contiguous county or in any county within 50 miles of the county of injury or death, unless otherwise agreed by the parties and authorized by the administrative law judge. If the injury or death occurred outside the state, the hearing may be held in the county of the employer's residence or place of business or in any other county of the state, as determined in the discretion of the administrative law judge." SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 34-9-105, relating to when an award is deemed final, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Said appeal shall be filed with the board in writing stating generally the grounds upon which such appeal is sought. In the event of an appeal, FRIDAY, FEBRUARY 21, 1997 791 the board shall, within 30 days of the filing of the notice of appeal with the board, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 60 days frem of the date the etiee ef appeal is fifed with the beafd of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date the notice ef- appeal is fifed with the fceafd of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing. If a case is heard within 60 days from the date the aetiee ef appeal is fifed of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing." SECTION 5. Said chapter is further amended by striking Code Section 34-9-121, relating to the duty of an employer to insure in a licensed company or association or to deposit security, indemnity, or bond as self-insurer, and inserting in lieu thereof the following: "34-9-121. (a) Unless otherwise ordered or permitted by the board, every employer subject to the provisions of this chapter relative to the payment of compensation shall secure and maintain full insurance against his such employer's liability for payment of compensation under this article, such insurance to be secured from some corporation, association, or organization licensed by law to transact the business of workers' compensation insurance in this state or from some mutual insurance association formed by a group of employers so licensed; or such employer shall furnish the board with satisfactory proof of his such employer's financial ability to pay the compensation directly in the amount and manner and when due, as provided for in this chapter. In the latter case, the board may, in its discretion, require the deposit of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred; provided, however, that it shall be satisfactory proof of the employer's financial ability to pay the compensation directly in the amount and manner when due, as provided for in this chapter, and the equivalent of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred, if the employer shall show the board that h such employer is a member of a mutual insurance company duly licensed to do business in this state by the Commissioner of Insurance, as provided by the laws of this state, or of an association or group of employers so licensed and as such is exchanging contracts of insurance with the employers of this and other states through a medium specified and located in their agreements with each other, but this proviso shall in no way restrict or qualify the right of self-insurance as authorized in this Code section. Nothing in this Code section shall be construed to require an employer to place his such employer's entire insurance in a single insurance carrier. (b) The board shall have the authority to promulgate rules and regulations to set forth requirements for third-party administrators and servicing agents, including insurers acting as third-party administrators or servicing agents, with regard to their management or administration of workers' compensation claims. Such third-party administrators or servicing agents shall also be required to demonstrate to the satisfaction of the board that they are duly licensed and in full compliance with all applicable requirements of Title 33, the 'Georgia Insurance Code.' 792 JOURNAL OF THE HOUSE, {b)(c) Wherever a self-insurer has been required to post bond, should it cease to be a corporation, obtain other coverage, or no longer desire to be a self-insurer, the board shall be allowed to return the bond in either instance, upon the filing of a certificate certifying to the existence of an insurance contract to take over outstanding liability resulting from any presently pending claim or any future unrepresented claims; and the board shall be relieved of any liability arising out of a case where the injuries were incurred, or liability therefor, prior to the returning of the bonds." SECTION 6. Said chapter is further amended by striking Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof the following: "34-9-200.1. (a) In the event of a catastrophic injury, the employer shall furnish the employee entitled to benefits under this chapter with reasonable and necessary rehabilitation services. The employer either shall appoint a. registered rehabilitation supplier or give reasons why rehabilitation is not necessary within 48 hours of the employer's acceptance of the injury as compensable or notification of a final determination of compensability, whichever occurs later. If it is determined that rehabilitation is required under this Code section, the employer shall have a period of 15 days from the date of notification of that determination within which to select a rehabilitation supplier. If the employer fails to select a rehabilitation supplier within such time period, a rehabilitation supplier will be appointed by the board to provide services at the expense of the employer. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case. (b) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections. (c) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified. (d) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider. (e) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment. (f) Any rehabilitation supplier shall hold one of the following certifications or licenses: (1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS) Certified Disability Management Specialist (CDMS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) FRIDAY, FEBRUARY 21, 1997 793 and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter, (g) 'Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (2) Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; (3) Severe brain or closed head injury as evidenced by: (A) Severe sensory or motor disturbances; (B) Severe communication disturbances; (C) Severe complex integrated disturbances of cerebral function; (D) Severe disturbances of consciousness; (E) Severe episodic neurological disorders; or (F) Other conditions at least as severe in nature as any condition provided in subparagraphs (A) through (E) of this paragraph; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; (5) Total or industrial blindness; or (6) Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work er and any work available in substantial numbers within the national economy for which such employee is otherwise qualified. A decision granting or denying disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act shall be admissible in evidence and the board shall give the evidence the consideration and deference due under the circumstances regarding the issue of whether the injury is a catastrophic injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case. (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 in writing. 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 7. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following: "34-9-261. While the disability to work resulting from an injury is temporarily totalj 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 $300.00 $325.00 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 benefit 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 794 JOURNAL OF THE HOUSE, 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 8. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following: "34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $102.60 $216.67 per week for a period not exceeding 350 weeks from the date of injury." SECTION 9. This Act shall become effective on July 1, 1997. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Lane of the 146th and Mann of the 5th, 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 that the cost of collection may also include reasonable attorneys' fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit; to provide that a hearing before an administrative law judge may be held in any county within 50 miles of the county of injury or death; to provide for the holding of a hearing by the superior court within 60 days of the date of docketing in such court; to authorize the board to promulgate rules and regulations with regard to third-party administrators and servicing agents with regard to their management or administration of workers' compensation claims; to require third-party administrators and servicing agents to demonstrate licensure and compliance with Title 33; to change a provision relating to certification or licensing of rehabilitation suppliers; to increase the maximum weekly compensation for total disability; to increase the maximum weekly compensation for temporary partial disability; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-18, relating to civil penalties and the costs of collection, and inserting in lieu thereof the following: "34-9-18. (a) Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation. (b) Any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under this chapter may be assessed a civil penalty of not less than $1,000.00 nor more than $10,000.00 per violation. FRIDAY, FEBRUARY 21, 1997 795 (c) In addition to the penalty and assessed fees as defined in subsection (b) of Code Section 34-9-126, the board may assess a civil penalty of not less than $500.00 nor more than $5,000.00 per violation for the violation by any person of Code Section 34-9-121 or subsection (a) of Code Section 34-9-126. (d) Any penalty assessed under subsections (a), (b), and (c) of this Code section shall be final unless within ten days of the date of the assessment the person fined files a written request with the board for a hearing on the matter. (e) Any person, firm, or corporation who is assessed a civil penalty pursuant to this Code section may also be assessed the cost of collection. The cost of collection may also include reasonable attorneys' fees. (f) 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 general fund of the state treasury." SECTION 2. Said chapter is further amended by striking Code Section 34-9-24, relating to the fraud and compliance unit, and inserting in lieu thereof the following: "34-9-24. (a) There is established within the office of the State Board of Workers' Compensation a fraud and compliance unit. This unit shall assist the chairperson in administratively investigating allegations of fraud and noncompliance and in developing and implementing programs to prevent fraud and abuse. The unit shall promptly notify the appropriate prosecuting attorney's office of any action which involves criminal activity. When so required or requested by the chairperson or the specific district attorney, the unit shall cooperate with the district attorney in the investigation and prosecution of criminal violations. (b) The State Board of Workers' Compensation or any employee or agent thereof is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties under this Code section. (c) Fraud investigators employed in the fraud and compliance unit who are certified in compliance with Chapter 8 of Title 35 shall have the authority to execute search warrants and make arrests pursuant to warrants only if such warrants have been issued as the result of a criminal investigation of an alleged violation of Chapter 9 of Title 34. Such fraud investigators are authorized to serve subpoenas in connection therewith. (d) In the absence of fraud or malice, no person or entity who furnishes to the board information relevant and material to suspected fraud under or noncompliance with the workers' compensation laws of this state shall be liable for damages in a civil action or subject to criminal prosecution for the furnishing of such information." SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 34-9-102, relating to hearings before administrative law judges, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Place of hearing. If the injury or death occurred within this state, the hearing shall be held in the county where the injury or death occurred or in any contiguous county or in any county within 50 miles of the county of injury or death, unless otherwise agreed by the parties and authorized by the administrative law judge. If the injury or death occurred outside the state, the hearing may be held in the county of the employer's residence or place of business or in any other county of the state, as determined in the discretion of the administrative law judge." SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 34-9-105, relating to when an award is deemed final, and inserting in lieu thereof a new subsection (b) to read as follows: 796 JOURNAL OF THE HOUSE, "(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Said appeal shall be filed with the board in writing stating generally the grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing of the notice of appeal with the board, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 60 days from of the date the setiee ef- appeal is filed with the beard- of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date th notice ef- appeal is filed with the beard of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing. If a case is heard within 60 days from the date the notice ef- appeal is filed of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing." SECTION 5. Said chapter is further amended by striking Code Section 34-9-121, relating to the duty of an employer to insure in a licensed company or association or to deposit security, indemnity, or bond as self-insurer, and inserting in lieu thereof the following: "34-9-121. (a) Unless otherwise ordered or permitted by the board, every employer subject to the provisions of this chapter relative to the payment of compensation shall secure and maintain full insurance against his such employer's liability for payment of compensation under this article, such insurance to be secured from some corporation, association, or organization licensed by law to transact the business of workers' compensation insurance in this state or from some mutual insurance association formed by a group of employers so licensed; or such employer shall furnish the board with satisfactory proof of to such employer's financial ability to pay the compensation directly in the amount and manner and when due, as provided for in this chapter. In the latter case, the board may, in its discretion, require the deposit of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred; provided, however, that it shall be satisfactory proof of the employer's financial ability to pay the compensation directly in the amount and manner when due, as provided for in this chapter, and the equivalent of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred, if the employer shall show the board that he such employer is a member of a mutual insurance company duly licensed to do business in this state by the Commissioner of Insurance, as provided by the laws of this state, or of an association or group of employers so licensed and as such is exchanging contracts of insurance with the employers of this and other states through a medium specified and located in their agreements with each other, but this proviso shall in no way restrict or qualify the right of self-insurance as authorized in this Code section. Nothing in this Code section shall be construed to require an employer to place to such employer's entire insurance in a single insurance carrier. FRIDAY, FEBRUARY 21, 1997 797 (b) The board shall have the authority to promulgate rules and regulations to set forth requirements for third-party administrators and servicing agents, including insurers acting as third-party administrators or servicing agents, with regard to their management or administration of workers' compensation claims. Such third-party administrators or servicing agents shall also be required to demonstrate to the satisfaction of the board that they are duly licensed and in full compliance with all applicable requirements of Title 33, the 'Georgia Insurance Code.' {b)(c) Wherever a self-insurer has been required to post bond, should it cease to be a corporation, obtain other coverage, or no longer desire to be a self-insurer, the board shall be allowed to return the bond in either instance, upon the filing of a certificate certifying to the existence of an insurance contract to take over outstanding liability resulting from any presently pending claim or any future unrepresented claims; and the board shall be relieved of any liability arising out of a case where the injuries were incurred, or liability therefor, prior to the returning of the bonds." SECTION 6. Said chapter is further amended by striking Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof the following: "34-9-200.1. (a) In the event of a catastrophic injury, the employer shall furnish the employee entitled to benefits under this chapter with reasonable and necessary rehabilitation services. The employer either shall appoint a registered rehabilitation supplier or give reasons why rehabilitation is not necessary within 48 hours of the employer's acceptance of the injury as compensable or notification of a final determination of compensability, whichever occurs later. If it is determined that rehabilitation is required under this Code section, the employer shall have a period of 15 days from the date of notification of that determination within which to select a rehabilitation supplier. If the employer fails to select a rehabilitation supplier within such time period, a rehabilitation supplier will be appointed by the board to provide services at the expense of the employer. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case. (b) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections. (c) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified. (d) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider. (e) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment. 798 JOURNAL OF THE HOUSE, (f) Any rehabilitation supplier shall hold one of the following certifications or licenses: (1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS) Certified Disability Management Specialist (CDMS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter. (g) 'Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (2) Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; (3) Severe brain or closed head injury as evidenced by: (A) Severe sensory or motor disturbances; (B) Severe communication disturbances; (C) Severe complex integrated disturbances of cerebral function; (D) Severe disturbances of consciousness; (E) Severe episodic neurological disorders; or (F) Other conditions at least as severe in nature as any condition provided in subparagraphs (A) through (E) of this paragraph; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; (5) Total or industrial blindness; or (6) Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work e* and any work available in substantial numbers within the national economy for which such employee is otherwise qualified. A decision granting or denying disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act shall be admissible in evidence and the board shall give the evidence the consideration and deference due under the circumstances regarding the issue of whether the injury is a catastrophic injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case. (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 in writing. 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 7. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following: "34-9-261. FRIDAY, FEBRUARY 21, 1997 799 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 $800.00 $325.00 per week nor less than $26.00 $32.50 per week, except that when the weekly wage is below $26.00 $32.50 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit 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 8. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following: "34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $102.60 $216.67 per week for a period not exceeding 350 weeks from the date of injury." SECTION 9. This Act shall become effective on July 1, 1997. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and lost: Representatives Teper of the 61st, Childers of the 13th, Sherrill of the 62nd and Holland of the 157th move to amend the Floor substitute to HB 331 as follows: On page 3 line 27 after the word "prosecution" insert "or termination of employment". The Floor substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Ashe Y Bailey Baker Y Bannister Barfoot Y Barnard YBarnes Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B DeLoach, G DU Y Dixon, H Dixon, S YDobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Floyd Y Franklin Y Golden Graves Y Greene Y Grindley Y Hammontree Y Haimer E Harbin Y Heard 800 JOURNAL OF THE HOUSE, YHecht Heckstall Y Hegatrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox YMann Y Manning Y Martin, J Martin, J.L YMassey McBee EMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan Shaw Y Sherrill Y Shipp Sims Y Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre Y Smelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Thomas Tillman Y Titus Y Tolbert YTrense Tumquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland YWhitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 144, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smith of the 175th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 590 was postponed until Monday, February 24, 1997. Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 311 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 24, 1997. MONDAY, FEBRUARY 24, 1997 801 Representative Hall, Atlanta, Georgia Monday, February 24, 1997 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 Bailey Bannister Barfoot Barnard Barnes Bates Benefield Birdaong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Campbell Canty Carter Cash Channel] Childers Clark Coan Coleman, B Connell Cooper Crawford Crews Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Diion, S Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin Heard Hecht Henson Holland Hudgens Hugley Irvin Jackson Jamieson Jenkins Johnson Johnston Joyce Kaye Lakly Lane Lee Lewis Lord Lucas Maddox Mann Manning Martin, J Massey McClinton Mills Mobley Mosley Mueller O'Neal Par ham Parrish Parsons Pelote Perry Pinholster Polak Ponder Powell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Scarlett Scott Shanahan SherriU Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Stancil, S Stanley, L Taylor Teper Thomas TUlman Titus Tolbert Trense Twiggs Walker, L West Westmoreland Whitaker Wiles Williams, B Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Hanner of the 159th, Poag of the 6th, Howard of the 118th, Hudson of the 120th, Ladd of the 59th, Williams of the 83rd, McBee of the 88th, Martin of the 145th, Walker of the 87th, Heckstall of the 55th, Stanley of the 49th, Sauder of the 29th, Shaw of the 176th, Porter of the 143rd, Purcell of the 147th, Teague of the 58th, Hudson of the 156th, Dixon of the 168th, Byrd of the 170th, Bordeaux of the 151st, Orrock of the 56th, Day of the 153rd, Shipp of the 38th, James of the 140th, Jones of the 71st, Alien of the 117th, Snow of the 2nd, Dix of the 76th, Smyre of the 136th and Turnquest of the 73rd. They wish to be recorded as present. Prayer was offered by the Rabbi Arnold M. Goodman, Congregation Ahavath Achim, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 802 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 727. By Representative Bridges of the 9th: A bill to amend an Act creating and establishing the State Court of Habersham County, so as to change the provisions relating to terms of said court; to change the compensation of the judge and solicitor of said court. Referred to the Committee on State Planning & Community Affairs - Local. HB 728. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Culbreth of the 132nd, Taylor of the 134th and others: A bill to amend Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements to provide probation services, so as to change the manner in which such agreements are entered; to provide that such agreements shall be the sole means through which private probation services are provided. Referred to the Committee on State Institutions & Property. HB 729. By Representatives Porter of the 143rd, Taylor of the 134th, Purcell of the 147th, Smith of the 175th and O'Neal of the 75th: 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 under the "Quality Basic Education Act," so as to change the criteria for appropriating and allocating funds for the special instructional assistance program, the in-school suspension program, and the program for limited-English-proficient students. Referred to the Committee on Education. HB 730. By Representative Martin of the 47th: A bill to change the method of assessing property for taxation, so as to provide for assessment according to 100 percent of fair market value; to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing of the "Quality Basic Education Act," so as to change the method of computing local fair share funds and equalization grants to reflect an increase in the assessed value of tangible property. Referred to the Committee on Ways & Means. MONDAY, FEBRUARY 24, 1997 803 HB 731. By Representative Manner of the 159th: A bill to amend an Act entitled "An Act 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," so as to provide that such tag sales shall be on a four-month nonstaggered basis. Referred to the Committee on State Planning & Community Affairs - Local. HB 732. By Representatives Randall of the 127th, Ray of the 128th, Birdsong of the 123rd, Lucas of the 124th and Reichert of the 126th: A bill to repeal an Act approved March 25, 1986, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1954 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health. Referred to the Committee on State Planning & Community Affairs - Local. HB 733. By Representatives Randall of the 127th, Ray of the 128th, Lucas of the 124th and Reichert of the 126th: A bill to amend an Act establishing a Board of Commissioners of Bibb County, so as to provide for the filling of vacancies in the office of a member of the Board of Commissioners of Bibb County. Referred to the Committee on State Planning & Community Affairs - Local. HB 734. By Representative Shaw of the 176th: A bill to amend Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to credit unions, so as to further define and restrict who may incorporate and be a member of a credit union. Referred to the Committee on Banks & Banking. HB 735. By Representatives Mosley of the 171st, Smith of the 169th, Byrd of the 170th and Sims of the 167th: A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, and Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to transfer certain law enforcement functions from the Public Service Commission to the Department of Transportation. Referred to the Committee on Transportation. HB 736. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-28 of the Official Code of Georgia Annotated, relating to tables, calculations, and schedules for operation of the Employees' Retirement System of Georgia, so as to clarify the calculation of benefits under such retirement system; to repeal a cap on income increases used to calculate retirement benefits. Referred to the Committee on Retirement. 804 JOURNAL OF THE HOUSE, HB 737. By Representative Cummings of the 27th: A bill to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election for coverage in the Georgia Legislative Retirement System, so as to authorize certain membership in such retirement system; to provide for creditable service; to provide for the payment of employer and employee contributions. Referred to the Committee on Retirement. HB 738. By Representatives Heard of the 89th, Walker of the 141st, Skipper of the 137th, Hugley of the 133rd, Taylor of the 134th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the polls to remain open until 8:00 P.M. in primaries and elections generally and in municipal primaries and elections. Referred to the Committee on Governmental Affairs. HB 739. By Representative Purcell of the 147th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court. Referred to the Committee on State Planning & Community Affairs - Local. HB 740. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act entitled "An Act to create the Richmond Hill Area Convention and Visitors Bureau Authority," so as to change certain provisions relating to membership of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 741. 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 clarify the provisions relating to the compensation and benefits of such officer. Referred to the Committee on State Planning & Community Affairs - Local. HB 743. By Representatives Williams of the 114th and Connell of the 115th: A bill to amend an Act providing for the consolidated government of Augusta-Richmond County, so as to provide for the appointment of a county attorney. Referred to the Committee on State Planning & Community Affairs - Local. HB 744. By Representatives Grindley of the 35th, Lee of the 94th, Twiggs of the 8th, Benefield of the 96th, Ray of the 128th and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that the social security number of an individual shall be confidential and shall not be subject to public disclosure. Referred to the Committee on Judiciary. MONDAY, FEBRUARY 24, 1997 805 HB 745. By Representatives Powell of the 23rd and Walker of the 141st: A bill to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability and exclusivity of the "Georgia Arbitration Code," so as to exclude contracts between insurance companies from the exceptions to the code's applicability. Referred to the Committee on Insurance. HB 746. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd, Lucas of the 124th, Graves of the 125th and others: A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change certain provisions relating to qualifications for retirement for a judge of the Civil Court of Bibb County. Referred to the Committee on State Planning & Community Affairs - Local. HB 747. By Representatives Jenkins of the 110th, Holland of the 157th, Lewis of the 14th, Shanahan of the 10th and Sherrill of the 62nd: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone service, so as to provide that the Public Service Commission shall require all local exchange telephone companies in the state to block residential telephones from making certain calls. Referred to the Committee on Industry. HB 748. By Representatives Bohannon of the 139th and Walker of the 141st: A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the provisions relating to run-off elections. Referred to the Committee on State Planning & Community Affairs - Local. HB 749. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that absentee ballots and their return envelopes shall bear certain warnings regarding election fraud. Referred to the Committee on Governmental Affairs. HB 750. By Representative Teper of the 61st: A bill to amend Code Section 16-12-4 of the Official Code of Georgia Annotated, relating to the offense of cruelty to animals, so as to change the provisions relating to the crime of cruelty to animals. Referred to the Committee on Special Judiciary. HB 751. By Representative Williams of the 114th: A bill to amend Chapter 8 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Judges Retirement Fund of Georgia, so as to provide for an increase in compensation; to provide conditions for an effective date and automatic repeal. Referred to the Committee on Retirement. 806 JOURNAL OF THE HOUSE, HB 752. By Representative Williams of the 114th: A bill to amend Article 3 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to procedure for rehabilitation of insurers, so as to change certain provisions relating to priority of distribution of claims from an insurer's estate. Referred to the Committee on Insurance. HR 343. By Representatives Rice of the 79th, Coan of the 82nd, Johnston of the 81st, Mills of the 21st, Massey of the 86th and others: A resolution urging the Board of Commissioners of Gwinnett County to take certain action with regard to the Board of Trustees of the Gwinnett County library system. Referred to the Committee on State Planning & Community Affairs - Local. HR 344. By Representatives Crawford of the 129th and Jenkins of the 110th: A resolution designating the Harvey R. Greene Bridge. Referred to the Committee on Transportation. 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 765. By Representative Connell of the 115th: A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation. Referred to the Committee on State Planning & Community Affairs - Local. HB 766. 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 767. By Representative Connell of the 115th: A bill to amend an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitor-general. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 683 HB 684 HB 685 HB 686 HB 687 HB 688 HB 689 HB 690 MONDAY, FEBRUARY 24, 1997 807 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HB 698 HB 699 HB 701 HB 703 HB 704 HB 707 HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HB 715 HB 716 HB 717 HB 718 HB 719 HB 720 HB 721 HB 722 HB 723 HB 724 HB 725 HB 742 HR 326 SB 91 SB 104 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 430 Do Pass, by Substitute HB 631 Do Pass HB 655 Do Pass HB 657 Do Pass HB 658 Do Pass HB 662 Do Pass HB 675 Do Pass HB 676 Do Pass SB 170 Do Pass Respectfully submitted, 1st Royal of the 164th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 24, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below: HB 163 Federal law enforcement officers; powers HB 228 Special purpose sales tax; certain landfills; amend provisions HB 251 Trespass; limitation of action; prohibit after 10 years HB 284 Child or spousal support; amend provisions HB 423 Shoplifting; fourth offense; felony HB 431 Retail installment and home solicitation; revolving accounts HB 445 Nonprofit corporations; hospital authorities; amend provisions HB 460 State-wide Reserve Ratio; amend provisions HB 499 Special paralympic license plates; amend provisions HB 524 Superior court clerks; uniform info system; real property records HR 142 Decatur County; convey property 808 JOURNAL OF THE HOUSE, HR 289 William Crittenden Building; 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 430. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th, Barnes of the 33rd, Shipp of the 38th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court. The following Committee substitute was read and adopted: A BILL To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3627), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3627), is amended by striking in its entirety Section 2A and inserting in its place a new Section 2A to read as follows: "SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $78,500.00, to be paid in equal monthly installments from the funds of Cobb County." SECTION 2. Said Act is further amended by striking in its entirety the second sentence of Section 3 and inserting in its place a new sentence to read as follows: "The clerk of the probate court shall be compensated in the amount of $51,125.00 per annum, payable in equal monthly installments from the funds of Cobb County." SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 114, nays 7. MONDAY, FEBRUARY 24, 1997 809 The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 631. By Representative Smith of the 103rd: A bill to amend an Act providing for the Heard County Board of Education, so as to provide a new method of compensating the members of the Heard County Board of Education. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 655. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions regarding the compensation of the judge and solicitor-general of 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 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 657. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act providing for the filling of vacancies in the membership 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. On the passage of the Bill, the ayes were 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 658. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from concurrent to staggered. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. 810 JOURNAL OF THE HOUSE, HB 662. By Representatives Howard of the 118th, Alien of the 117th, DeLoach of the 119th, Connell of the 115th, Anderson of the 116th and others: A bill to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to designate the name of the consolidated government as "Augusta, Georgia". The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 675. By Representative McCall of the 90th: A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the terms of the commissioners from concurrent to staggered 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 ayes were 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 676. By Representative Hanner of the 159th: A bill to create a board of elections and registration in Webster 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 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. SB 170. By Senators Oliver of the 42nd and Stokes of the 43rd: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, as amended, so as to add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and successors to such judge; to continue the existing terms of the present judges 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 114, nays 7. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: MONDAY, FEBRUARY 24, 1997 811 The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House: HB 403. By Representatives Coleman of the 80th, Rice of the 79th, Johnston of the 81st and Crews of the 78th: A bill to amend an Act creating a new charter for the City of Norcross, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of government. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 9. By Senator Broun of the 46th: A resolution honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the "Hugh L. Logan Interchange". SR 48. By Senator Dean of the 31st: A resolution honoring Evelyn S. Wade and designating a portion of Georgia Highway 120 as the "Evelyn S. Wade Highway". SR 63. By Senators Thompson of the 33rd and Clay of the 37th: A resolution designating a portion of Georgia Highway 120 Loop as the "Martin Luther King, Jr., Memorial Highway". SR 143. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the lease of certain state owned real property in Baldwin County, Georgia. SR 165. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of drainage pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Dougherty, Jasper, Macon, and Ware Counties, Georgia. The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 99. 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, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms. 812 JOURNAL OF THE HOUSE, SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Balfour of the 9th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration. SB 181. By Senators Ray of the 48th, Tanksley of the 32nd and Oliver of the 42nd: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to clarify that a ward retains the right to employ legal counsel in actions pertaining to modification or termination of the guardianship. SB 217. By Senators Langford of the 29th and Gochenour of the 27th: 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 provide for the disposition of such wages. SB 252. By Senators Taylor of the 12th, Egan of the 40th, Clay of the 37th and Thomas of the 10th: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Drinking Water Act of 1977," so as to change certain definitions; to extend the duration of permits for operation of public water systems; to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall require compliance by privately owned public water systems with certain conditions prior to issuance of a permit. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 99. 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, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms. Referred to the Committee on Health & Ecology. SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and others: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration. Referred to the Committee on Appropriations. MONDAY, FEBRUARY 24, 1997 813 SB 181. By Senators Ray of the 48th, Tanksley of the 32nd and Oliver of the 42nd: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to clarify that a ward retains the right to employ legal counsel in actions pertaining to modification or termination of the guardianship. Referred to the Committee on Judiciary. SB 217. By Senators Langford of the 29th and Gochenour of the 27th: 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 provide for the disposition of such wages. Referred to the Committee on Banks & Banking. SB 252. By Senators Taylor of the 12th, Egan of the 40th, Clay of the 37th and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Drinking Water Act of 1977," so as to change certain definitions; to extend the duration of permits for operation of public water systems; to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall require compliance by privately owned public water systems with certain conditions prior to issuance of a permit. Referred to the Committee on Natural Resources & Environment. SR 9. By Senator Broun of the 46th: A resolution honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the "Hugh L. Logan Interchange". Referred to the Committee on Transportation. SR 48. By Senator Dean of the 31st: A resolution honoring Evelyn S. Wade and designating a portion of Georgia Highway 120 as the "Evelyn S. Wade Highway". Referred to the Committee on Transportation. SR 63. By Senators Thompson of the 33rd and Clay of the 37th: A resolution designating a portion of Georgia Highway 120 Loop as the "Martin Luther King, Jr., Memorial Highway". Referred to the Committee on Transportation. SR 143. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the lease of certain state owned real property in Baldwin County, Georgia. Referred to the Committee on State Institutions & Property. 814 JOURNAL OF THE HOUSE, SR 165. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of drainage pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Dougherty, Jasper, Macon, and Ware Counties, Georgia. Referred to the Committee on State Institutions & Property. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 311. By Representative Jones of the 71st: A resolution commending George Wallace and inviting him to appear before the House of Representatives. Under the general order of business, established by the Committee on Rules, the fol- lowing Bills and Resolutions of the House were taken up for consideration and read the third time: HB 460. By Representatives Lane of the 146th, Golden of the 177th, Mann of the 5th and Hammontree of the 4th: 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 State-wide Reserve Ratio. 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 State-wide Reserve Ratio; to provide that for any calendar year with respect to which the State-wide Reserve Ratio shall equal or exceed 2.1 percent, contribution rates shall be reduced for the succeeding calendar year by a certain percentage; to provide a formula for the calculation of such percentage; to provide that contribution rates shall not be reduced below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts; to provide that the reduction in contribution rates shall be valid for the succeeding calendar year only; to provide that accounts which are not eligible for a computed contribution rate shall not receive such reduction in rates; to change the provisions relating to determination of the weekly benefit amount of an individual's claim; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," is amended by striking subsections (d) and (e) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the following: "(d)(l| For the period on or after January 1, 1997, but prior to January 1, 1998: 4i)(A) When the State-wide Reserve Ratio, as computed above, is 3.0 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: MONDAY, FEBRUARY 24, 1997 815 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 (3}(B) 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 2.6 percent 25 percent 50 percent (2) For the period on or after January 1, 1998: (A) When the State-wide Reserve Ratio, as computed above, is 2.4 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 2.4 percent 2.7 percent and over 2.7 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.1 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 2.1 percent 25 percent 50 percent (e) For any calendar year with respect to which the State-wide Reserve Ratio shall equal or exceed 2.1 percent, as computed pursuant to the provisions of this Code section, contribution rates shall be reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: (1) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.1 percent shall be divided by the total of contributions collected attributable to wages paid during the preceding calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28; (2) The resulting percentage shall be used to reduce all experience rated contribution rates by that same percentage; provided, however, that the resulting reduction shall not reduce contribution rates below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduction in contribution rates shall be valid for the succeeding calendar year only; and 816 JOURNAL OF THE HOUSE, (3) Accounts which are not eligible for a computed contribution rate as Code Section 34-8-152 shall not receive the reduction in rates. {e)(f) 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 2. Said chapter is further amended by striking subsection (b) of Code Section 34-8-193, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00; provided, further, that for benefit years beginning on or after July 1^ 1997, when the weekly benefit amount, as computed, would be more than $26.00 but less than $39.00, the individual's weekly benefit amount will be $39.00, and no weekly benefit amount shall be established for less than $39.00." SECTION 3. Said chapter is further amended by striking subsections (a) and (c) of Code Section 34-8-193, relating to determination of weekly benefit amount, and inserting in lieu thereof new subsections (a) and (c) to read as follows: "(a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 66 48. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 26 24. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41." "(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; (9) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; and MONDAY, FEBRUARY 24, 1997 817 (10) For claims filed on or after July 1, 1996, but before July 1^ 1997, the maximum weekly benefit amount shall not exceed $215.00^ and (11) For claims filed on or after July 1^ 1997, the maximum weekly benefit amount shall not exceed $224.00." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Alien Y Andersen YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner Y Bunn Y Burkhalter YByrd Campbell Y Canty Y Carter YCash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Council Y Cooper 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 Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht YHeckstall Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Massey YMcBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell YPurcell YRagas Randall Ray Y Reaves Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow S tailings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest Y Twiggs Y Walker, L Y Walker, R.L West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Randall of the 127th, Massey of the 86th and Hudson of the 120th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 251. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide that no action for trespass upon or damage to realty shall be brought after ten years from the date the cause of action accrues; to provide that the cause of action accrues when the trespass or damage to realty occurs or when it is discovered or should have been discovered. 818 JOURNAL OF THE HOUSE, The following Committee substitute was read: A BILL To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide that no action for trespass upon or damage to realty shall be brought after ten years from the date the trespass or damage occurs; to provide that the right of action accrues when the trespass or damage to realty occurs or when it is discovered or should have been discovered; 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 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, is amended by striking Code Section 9-3-30, relating to limitation of actions for trespass or damage to realty, and inserting in its place the following: "9-3-30. (a) All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues. (b) The right of action referred to in this Code section accrues when the trespass or damage to realty occurs or when it is discovered or should have been discovered. (c) No action for trespass upon or damage to realty shall be brought after ten years from the date the trespass or damage occurs." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Reichert of the 126th moves to amend the Committee substitute to HB 251 as follows: Page 1 - at the end of line 22 add: "in the case of a trespass or damage to realty which is underground, covered over or otherwise not readily visible and open to view,". On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien N Andenon NAshe N Bailey Baker N Bannister NBarfoot N Barnard MBarnes N Bates Y Benefleld Birdsong N Bohannon N Bordeaux N Bradford N Breedlove N Bridges N Brooks N Brown NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell Canty N Carter NCash Y Channel! N Childers N Clark NCoan N Coleman, B N Coleman, T Connell N Cooper N Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M NDay N DeLoach, B Y DeLoach, G NDii Y Diion, H N Diion, S NDobbs N Dukes NEhrhart NEpps N Evans N Everett N Felton NFloyd N Franklin N Golden N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland MONDAY, FEBRUARY 24, 1997 819 Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson Y James N Jamieson N Jenkins N Johnson N Johnston N Jones N Joyce NKaye NLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney N Mills Mobley N Mosley Mueller N O'Neal N Orrock N Parham N Parrish N Parsons Y Pelote N Perry N Pinholster NPoag NPolak N Ponder N Porter N Powell Y Purcell NRagas N Randall YRay N Reaves Y Reichert YRice Richardson N Roberts Y Rogers Y Royal Y Sanders N Sauder N Scarlett E Scheid N Scott N Shanahan NShaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V Smyre N SneUing NSnow NStallings N Stancil, F N Stancil, S N Stanley, L Stanley, P On the adoption of the amendment, the ayes were 18, nays 146. The amendment was lost. N Taylor Teague NTeper Thomas Tillman N Titus Y Tolbert NTrense Turnquest NTwiggs N Walker, L N Walker, R.L N West Y Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Murphy, Spkr The following amendment was read: Representative Day of the 153rd moves to amend the Committee substitute to HB 251 as follows: Pg 1, line 23 after the word "discovered," add a period (.) Strike remaining "or should have been discovered." 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 Y Barnard NBames N Bates Y Benefield Birdsong N Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Buckner NBunn Y Burkhalter YByrd N Campbell Canty Y Carter NCash Y Channell N Childers N Clark YCoan N Coleman, B Y Coleman, T Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings N Davis, G N Davis, M YDay N DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett N Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley N Hammontree Y Manner Y Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye NLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddoi NMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall N McClinton N McKinney Y Mills Mobley Y Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons Y Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas Randall YRay Y Reaves N Reichert YRice Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder N Scarlett E Scheid Y Scott N Shanahan YShaw N Sherrill Y Shipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V Smyre N SneUing NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L Stanley, P N Taylor Teague NTeper N Thomas N Tillman N Titus N Tolbert 820 JOURNAL OF THE HOUSE, YTrense Turnquest YTwiggs N Walker, L Y Walker, R.L N West N Westmoreland N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R On the adoption of the amendment, the ayes were 63, nays 102. The amendment was lost. N Worthan N Yates Murphy, Spkr The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Baker Bannister YBarfoot Y Barnard Y Barries Y Bates N Benefleld Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn N Burkhalter YByrd Y Campbell Canty Y Carter YCash N Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper 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 Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree N Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L N Ma&sey Y McBee Y McCall Y McClinton Y McKinney Y Mills Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter N Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan NShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Tumquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 155, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 499. By Representatives Hanner of the 159th, Coleman of the 142nd, Parrish of the 144th, Barnes of the 33rd, Lane of the 146th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to special paralympic license plates, to provide for issuance of special license plates honoring and supporting disabled athletes. The following Committee substitute was read and adopted: MONDAY, FEBRUARY 24, 1997 821 A BILL To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to special paralympic license plates; to provide for issuance of special license plates honoring and supporting disabled athletes; to provide for the design of such license plates; to provide for license fees; to provide for applications for license plates; to provide for processing of applications; to provide for licensing agreements; to provide for renewal of license plates; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking Code Section 40-2-48, relating to special paralympic license plates, and inserting in its place the following: "40-2-48. /\<--*/\ rAptt,i,c^ iv"iii; QoJW-^IJL-JC. t^yrf /\"j* cJ^u^r..gJi;nJ. !H,,,a.v,!i,,n,g lu^cc--n ,B.^C.IiO^.V^-^L.,C. JU Uu.y.. AM.JH.--^ T*--j..X^--^--i --J.H0A- tionol Paralympic Committee te heat To ensure that the spirit and legacy of the 1996 Paralympic Games is continued and to promote activities that financially benefit organizations in this state which support or otherwise advance the causes of athletes with disabilities, there shall be issued beginning in 1006 1998 special license plates to provide support for the holding ef-the 4996 Paralympic Cornea promote the United States Disabled Athletes Fund. (b) The commissioner shall prepare special distinctive license plates of a design appropriate te provide support for which shall include the image of Blaze, the mascot and symbol of the 1996 Paralympic GameSj as a tribute to the triumph of the human spirit. The special license plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) & Beginning in calendar year 4996 1998, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $16.00 $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate within 30 days of application for such special license plate. Notwith 9tEuidin flny con11ftpy provisions of OOQC occtiOR 4v"fi~o.Lj 9ucn spccisi license pifltes jxioy i&c used until ueccmDCP 0 * lyytoj And until sucn ctftte ft& tiie owner ts rcQuircci TO transferred between vehicles as provided m Code Section 40-2-80. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) The commissioner shall retain all applications for such special license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued, and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. {tt>(e) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Paralympic tege er ether acceptable design Blaze image or 822 JOURNAL OF THE HOUSE, as may otherwise be necessary or appropriate to implement this Code section. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the Atlanta Paralympic Organizing Committee ear its- licensor the United States Disabled Athletes Fund allowing the state te be the beneficiary of and te receive x InC ipJ.O>vU t& iQ& fGf CflCfl 9UCf& tft ftRu rflC AtlflUtfl Committee e* its licensor the United States Disabled Athletes Fund to be the beneficiary of and receive $10.00 $25.00 of each such tag manufacturing fee, provided that the state shall bear the cost of the manufacture of each such license plate. The commissioner may charge fees, make payments, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Paralympic tege and any ether part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (f) Upon transfer of the ownership of a private passenger vehicle upon which there is special license plate issued under this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder acquire another vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80." SECTION 2. This Act shall become effective July 1, 1997. SECTION 3. All laws and ports of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBaraes Bates Y Benefield Birdsong Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cununincs Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert Rice Y Richardson Y Roberts Y Rogers MONDAY, FEBRUARY 24, 1997 823 Y Royal Y Sanders Y Sauder Scarlett EScheid Y Scott YShanahan Shaw YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Tumquest YTwiggB Walker, L Y Walker, R.L YWest Y Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. HR 142. By Representatives Bates of the 179th and Ponder of the 160th: 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 ayes were 125, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 228. By Representative Lane of the 146th: A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of the proceeds of the special purpose local option sales and use tax, so as 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 127, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 445. By Representatives Childers of the 13th, Shaw of the 176th, Parsons of the 40th, Hudson of the 120th, Perry of the llth and others: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the 824 JOURNAL OF THE HOUSE, right, powers, benefits, and purposes of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority and provide for the applicability of certain conflicts of interest restrictions and reporting and disclosure requirements; to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide a system for the disclosure and handling of certain conflicts of interest; to provide for certain disclosures and prohibit the transaction of certain business; to provide for consequences when actions are taken which comply with or violate these prohibitions; to provide for conflicts and stricter rules; to provide for an oath of office for authority members; to provide for additional information concerning indigent and charity care and annual reports; 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 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, is amended by adding at the end a new Code section to read as follows: "14-3-305. (a) As used in this Code section, the term 'nonprofit' means any nonprofit corporation organized under or subject to this chapter which is formed, created, or operated by or on behalf of a hospital authority. (b) Nonprofits shall have all of the rights, powers, benefits, and purposes granted to other nonprofit corporations under this chapter and shall not be subject to any restrictions contained in Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' except as provided in subsections (c) and (d) of this Code section. (c) A director of a nonprofit shall be subject to the provisions of Code Section 31-7-74.1 with respect to conflicts of interest regarding such nonprofit and the hospital authority which formed, created, or operates such nonprofit, and Code Section 31-7-74.1 shall be deemed to apply to such nonprofit and such hospital authority only for such purpose. (d) A nonprofit shall be subject to the provisions of Code Section 31-7-90.1 with respect to reporting community benefits provided by such nonprofit and with respect to annual reports by such nonprofit disclosing certain transactions with the nonprofit or with the hospital authority which formed, created, or operates the nonprofit and Code Section 31-7-90.1 shall be deemed to apply to both that nonprofit and that hospital authority only for such purposes. (e) Nothing in this Code section shall be deemed or construed to affect in any manner the provisions of Code Section 31-7-75.2, Chapter 14 of Title 50, or Article 4 of Chapter 18 of Title 50 or to change existing law as to whether such statutory provisions are applicable to nonprofits." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by striking Code Section 31-7-74, relating to residency qualifications of authority 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 chair and another as vicc-chnmna vice chair 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 reimbursed for such expenses on a per diem basis in an amount not to exceed $100.00 per meeting and the total MONDAY, FEBRUARY 24, 1997 825 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 necessary and proper. /\1VJ.\j----TJ.^Ih1Co rJJ>.m TWi"T-1"8J'.O--H-S- tnTTf CV-^'lr/tUrtCa OQfCtiU"+Lii1^U>IT1\ jItVfi_1J.fVl_mOaO3 On.nIIfUl anlmlyr Ui-i+1V/lH>cJirf Xf\^t\UeUtoC 9nUrUftHinUr11t oqlll>Cntltll \D*.C~. deemed te have been complied with and an authority may purchase treat; seH to? borrow person with which any member of an authority is in any way interested or involved, provided that; (2) No member having a substantial interest or involvement may be present at that involving any stteh organization er person; d (3) No member having a substantial interest er involvement may participate in any decision ef the authority relating te any matter involving aeh organization er person. As used in this Code section, a 'substantial interest' shall mean any interest which- reasonably may be expected te result in direct financial benefit te such member as dctcrmined by the authority, which determination shall be final and net subject te review. \c) JNoiiiiti^ contenn t m tins &TTICIG siiLu i& Qccmcci v& proiiiDit flny mcmocr wno 19 present at any meeting e who participates in any decision ef the authority fre providHk ic^fti services tti conzi6ccion witii ftRy *Oi trie vino.61utKin9 ~oi tiic ftutfioHty "&t iroiH being paid for aaeh services." SECTION 3. Said article is further amended by adding following Code Section 31-7-74 new Code sections to read as follows: "31-7-74.1. (a) As used in this Code section, the term: (1) 'Family' means spouse, child, or sibling. (2) 'Financial interest' means the direct or indirect ownership of any assets or stock of any business. (3) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (4) 'Transact business' or 'transact any business' or 'transaction' means any sale or lease of 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. (b) Each member of a hospital authority shall disclose upon his or her selection as a member, and at least annually thereafter, the following described interests and relationships: (1) Any financial interest held by the member or the member's family, or held by an entity in which the member or the member's family owns a financial interest, in any health care provider, any managed care provider or network, or any entity which sells products or services to the authority; (2) Any position held by the member or the member's family as an officer, director, or employee of a hospital, hospital holding company, other health care provider, or managed care network; and (3) Any contract which exists between the member or the member's family, or any entity in which the member or the member's family owns a financial interest, and the authority, including, but not limited to, supply contracts, service contracts, and leases. (c) Except as otherwise provided in this Code section, no authority member, no hospital chief executive, and no hospital system chief executive officer shall, for such person or for any entity in which such person or such person's family has a substantial interest, transact any business with such authority. (d) The prohibition of subsection (c) of this Code section shall not apply to: (1) Any relationship whereunder a person licensed under Title 43 provides to such authority or its medical facilities any professional services authorized to be provided within the scope of practice of such person's license; or 826 JOURNAL OF THE HOUSE, (2) Any officer or employee of a trust company or bank which has been selected to be the depository of the funds of such nonprofit corporation. (e) A transaction in which any member of an authority has a financial interest or relationship described in subsection (b) of this Code section which does not constitute a substantial interest may be approved if, at the time of such approval: (1) The material facts of the transaction and the member's financial interest are disclosed or known to the authority's board; (2) The interested member is absent from any portion of a meeting which discusses or votes upon said transaction; and (3) The members approving the transaction in good faith reasonably believe that the transaction is fair to the authority. (f) Notwithstanding the provisions of subsection (c) of this Code section, a transaction in which any member of an authority has a substantial interest may be approved if: (1) The transaction was submitted to a competitive process for requests for proposals, which includes but is not limited to consideration of all submitted proposals for price, quality, and appropriateness; and (2) Notice of the transaction was published in the official county organ not less than two weeks prior to the approval of the board; (3) Opportunity for public comment concerning the proposed transaction was provided at a meeting of the board; (4) At the time of approval, the members approving the transaction in good faith reasonably believe that the transaction is fair and is in the best interests of the authority; and (5) The interested member is absent from any portion of a meeting which discusses or votes upon said transaction. (g) For purposes of this Code section, a transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the members on the board present and voting who have no financial interest in the transaction. A majority, but not less than two, of all the noninterested members on the board present and voting constitutes a quorum for purposes of action that complies with this Code section, (h) Any action by an authority which is taken in compliance with the applicable requirements of this Code section may not be enjoined, set aside, or give rise to an award of damages or other sanctions against the authority or any member or officer on the ground of a member's or officer's interest in such transaction. For any action by an authority not in compliance with such requirements, any member knowingly violating such requirements shall be immediately sanctioned, which may include, but not be limited to, reprimand, temporary suspension, or permanent removal from the authority after appropriate notice and hearing. The entity having appointed such member shall have the authority to impose any sanction. (i) Nothing in this Code section shall prevent an authority from having stricter rules relating to interests or relationships than what is provided in this Code section, (j) To the extent the provisions of this Code section conflict with the provisions of any other law, the provisions of this Code section shall govern. 31-7-74.2. Each member of a hospital authority shall take in the presence of an officer authorized to administer same the following oath: I, ___________, citizen of _________ County, Georgia, do solemnly swear that I will, to the best of my ability, without favor or affection to any person and without any unauthorized financial gain or compensation to myself, faithfully and fairly discharge all of the duties and responsibilities that devolve upon me as a member of ___________ Hospital Authority, during the term of my service as such member." SECTION 4. Said article is further amended by creating a new Code Section 31-7-90.1 to read as follows: "31-7-90.1. MONDAY, FEBRUARY 24, 1997 827 (a) Each hospital authority created by and under this article shall annually prepare a community benefit report disclosing the amount of indigent and charity care provided by such authority for the preceding year not later than 90 days after the close of the fiscal or calendar year. Such report provided for in this Code section shall include a statement of the amount and type of indigent and charity care provided by the authority, including the number of indigent persons served, categorization of those persons by county of residence, as well as the amount of indigent and charity care provided in dollars. Such community benefit report shall be filed with the clerk of superior court of the county in which the authority's hospital is located, as well as with the governing body or bodies of such authority's participating units. (b) Each hospital authority created by and under this article shall also annually prepare a report indicating any entity in which a member or member's family has a direct or indirect ownership of assets or stock constituting between 10 percent and 25 percent which transacted business with the authority during the previous year. Such report shall be filed with the clerk of superior court of the county in which the authority's hospital is located, as well as with the governing body or bodies of such authority's participating units." 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 substitute, 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 N Barnard YBaraes Y Bates N Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash N Channel! Y Childere Y Clark YCoan Y Coleman, B N Coleman, T Y Connell Y Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M Day N DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dixcn, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom YHenson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YLane YLee Y Lewis NLord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L Y Massey YMcBee NMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham N Parrish Y Parsons Y Pelote Y Perry Y Pinholster NPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice N Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott N Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L N Walker, R.L Y West Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr 828 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the ayes were 150, nays 19. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Cummings of the 27th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 423. By Representatives Hecht of the 97th, Lee of the 94th, Skipper of the 137th and Smith of the 109th: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to change the provisions relating to shoplifting so that the fourth or subsequent conviction for shoplifting shall be a felony. The following amendment was read and adopted: Representatives Lakly of the 105th and Hecht of the 97th move to amend HB 423 by inserting on line 5 of page 1 following the word and symbol "felony;" the following: "to change the provisions relating to sentences for a third conviction;". By striking line 33 of page 1 and inserting in lieu thereof the following: "imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp' unit of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such". By striking line 1 of page 2 and inserting in lieu thereof the following: "sentence of imprisonment or confinement shall not be suspended,". 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 YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter Y Byid Y Campbell Y Canty Y Carter Y Cash Y Channell YChilders Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Dixon,H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Pelote Y Perry Y Pinholster MONDAY, FEBRUARY 24, 1997 829 YPoag YPolak Y Ponder Y Porter Y Powell Y PurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSiros Y Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Y Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 590, which was previously postponed until today, was postponed until Thursday, February 27, 1997. HB 524. By Representatives Martin of the 47th, Walker of the 141st and Alien of the 117th: 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 information system for real property records. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementation of a state-wide uniform information system for real property records; to require that liens and conveyances filed with the clerk shall have a three-inch margin at the tcp or that such clerk attach a page to create a margin; to provide for the re-creation of grantor and grantee indexes in a uniform manner under the supervision of the Georgia Superior Court Clerks' Cooperative Authority; to provide for superior court clerks' duties relative thereto and for their limited liability for reliance on indexes other than the original county index; to provide for related matters; to amend an Act approved April 7, 1995 (Ga. L. 1995, p. 260), as amended by an Act approved April 16, 1996 (Ga. L. 1996, p. 1502), so as to change provisions 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 1995 Act and to change the fees collected for filing real property records; to provide for effective dates; to provide for a sunset provision; 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 paragraph (10) of Code Section 15-6-61, relating to the duties of superior court clerks generally and computerized record keeping, and inserting in lieu thereof the following: "(10) To make a notation on all conveyances or liens of the day they were left to be recorded, which shall be evidence of the facts stated. Beginning July lj 1998, all liens or conveyances left to be filed shall have a three-inch margin at the top to allow space for the clerk's notation required by this paragraph. If any lien or conveyance shall be 830 JOURNAL OF THE HOUSE, presented for filing without sufficient margin, the clerk shall attach a piece of paper sufficient to give such margin at the top of the filing. Such notation may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, or mechanical printing;" SECTION 2. Said article is further amended by striking paragraph (15) of subsection (a) of Code Section 15-6-61, relating to the duties of superior court clerks generally and computerized record keeping, and inserting in lieu thereof the following: "(15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate data for any such information systems established by such authority so as to provide for public access to real estate information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system. Each clerk of the superior court shall provide and transmit real estate information to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority; and 4M>)(16) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court." SECTION 3. Said article shall be further amended by striking subsection (c) of Code Section 15-6-66, relating to grantor-grantee indexes for real property, and inserting in lieu thereof the following: "(c) The clerk of the superior court shall employ the methods provided for in paragraph (15) of subsection (a) of Code Section 15-6-61 in the creation, management, transmission, printing, and revision of the indexes provided for in this Code section. Compliance with such methods and with the rules and regulations relating to indexing established by the Georgia Superior Court Clerks' Cooperative Authority shall not expose the clerk of the superior court to new or additional liability relating to such indexes. {1e1}.("d) This Code section shall not apply to transactions covered by Article 9 of Title SECTION 4. Said article is further amended by adding at the end thereof a new Code section to read as follows: "15-6-99. (a) The Georgia Superior Court Clerks' Cooperative Authority is authorized to re-create grantor and grantee indexes that exist prior to January 1, 1999, in each county for the purpose of providing information and history concerning real property records for the state-wide uniform automated information system provided for in Code Section 15-6-97. The number of prior year indexes to be re-created shall be determined by the Georgia Superior Court Clerks' Cooperative Authority in cooperation with the clerks of the superior courts who shall provide copies of such county indexes or access to copies of such indexes for re-creating such indexes. A copy of the re-created index shall be furnished to each county but shall not replace or supersede the original county index. (b) Re-creation of such grantor and grantee indexes shall be accomplished by using only the existing index in each county and the information shown in such indexes. No other sources of information shall be reviewed. (c) The re-created indexes shall be in the format and file structure as designed and adopted by the Georgia Superior Court Clerks' Cooperative Authority for the state-wide uniform automated information system. The re-created indexes shall contain only the MONDAY, FEBRUARY 24, 1997 831 information from the existing county indexes which is applicable to and complies with such format and file structure for the state-wide uniform automated information system. (d) Re-creation of such indexes shall include conforming the indexing of grantor and grantee names, as determined by the Georgia Superior Court Clerks' Cooperative Authority, to be in a consistent and standard manner for the state-wide uniform automated information system. A conversion summary of such names being conformed on a county by county basis shall be maintained by the authority, and a copy of such summary shall be furnished for information purposes only to each county with the re-created county index. (e) The original county indexes shall not be altered or changed in any manner or by any process as a result of the re-creation of any grantor and grantee index, and such re-created index shall be clearly and distinctly labeled to identify it separately from the original county index. Any re-created index shall not replace the original county index as such index was originally recorded by the clerk of the superior court for any point in time. (f) A clerk of the superior court, the Georgia Superior Court Clerks' Cooperative Authority, or an authorized agent of the authority shall not suffer any liability as a result of the required cooperation authorized and provided for between the parties by this Code section." SECTION 5. An Act approved April 7, 1995 (Ga. L. 1995, p. 260), as amended by an Act approved April 16, 1996 (Ga. L. 1996, p. 1502), is amended by striking in its entirety Section 6 and inserting in lieu thereof a new Section 6 to read as follows: "SECTION 6. Section 2 of this Act shall stand repealed on Jtsly 1; 4396 January lj 2004." SECTION 6. An Act approved April 16, 1996 (Ga. L. 1996, p. 1502), is amended by striking in its entirety Section 5 and inserting in lieu thereof the following: "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 January 1, 2004. Sections 3 and 4 of this Act shall become effective July 1, 1996." SECTION 7. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon 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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Out Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golden Y Graves Y Greene 832 JOURNAL OF THE HOUSE, Y Grindley Hammontree Y Banner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom YHenson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Jenkins Johnson Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Farham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow S tailings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. HR 289. By Representative Parham of the 122nd: A resolution designating the Central State Hospital building on Yarbrough Drive in Milledgeville, Georgia, 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 roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Bannister Barfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 YDobbs Dukes YEhrhart YEpps Y Evans Y Everett Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall Ray Y Reaves Y Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Smith, V YSmyre Y Snelling YSnow Y Stallings Stancil, F MONDAY, FEBRUARY 24, 1997 833 Y Stancil, S Y Stanley, L Stanley, P YTaylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 431. By Representatives Byrd of the 170th and Powell of the 23rd: A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under "The Retail Installment and Home Solicitation Sales Act," so as to provide that an application for a revolving account shall require certain additional information; to provide conditions under which a revolving account shall be presumed to be signed or accepted by the buyer. The following Committee substitute was read and adopted: A BILL To amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under "The Retail Installment and Home Solicitation Sales Act," so as to provide conditions under which a revolving account shall be presumed to be signed or accepted by the buyer; to provide conditions under which a revolving account becomes effective; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under "The Retail Installment and Home Solicitation Sales Act," is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Every revolving account shall be in writing and shall be completed prior to the signing thereof by the retail buyer. The printed portion, other than instructions for completion, of any revolving account shall be in at least six-point type. Any such account shall contain the names of the seller and the buyer, the place of business of the seller, and the residence or place of business of the buyer as specified by the buyer, and substantially the following notice in clear and conspicuous type: 'Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due.' A copy of any such account shall be delivered or mailed to the retail buyer by the retail seller prior to the date on which the first payment is due thereunder. Any acknowledgment by the buyer of delivery of a copy of the account shall be in clear and conspicuous type and, if contained in the account, shall appear directly above the buyer's signature. No account shall be signed by the buyer when it contains blank spaces to be filled in after it has been signed. The buyer's acknowledgment, conforming to the requirements of this subsection, of delivery of a copy of an account shall be presumptive proof in any action or proceeding of such delivery and that the account, when signed, did not contain any blank spaces as provided in this subsection. A revolving account shall be presumed to be signed or accepted by the buyer if^ after a request for a revolving account, such revolving account or application for a revolving account is in fact signed by the buyer or if such revolving account is used by the buyer or if such revolving account is used 834 JOURNAL OF THE HOUSE, by another person authorized by the buyer to use it The revolving account is not effective until: the buyer has received the disclosures required pursuant to the federal Truth in Lending Act, 15 U.S.C. Section 1601, et seq., as amended; the buyer or a person authorized by the buyer uses the revolving account; and the seller or its assignee extends credit to the buyer for transactions on the revolving account." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Hecht YHeckrtall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelh'ng YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas YTilhnan Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates 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. Representative Brown of the 130th 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 announced the House in recess until 2:15 o'clock this afternoon. MONDAY, FEBRUARY 24, 1997 835 AFTERNOON SESSION The Speaker called the House to order. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 163. By Representatives Baker of the 70th, Twiggs of the 8th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Chapter 9 of Title 35 of the Official Code of Georgia Annotated, relating to special policemen, so as to define a term; to provide that federal law enforcement officers shall have the same powers, duties, privileges, and immunities as a peace officer under certain circumstances. The following Committee substitute was read: A BILL To amend Chapter 9 of Title 35 of the Official Code of Georgia Annotated, relating to special policemen, so as to define a term; to provide that federal law enforcement officers shall have the same powers, duties, privileges, and immunities as a peace officer under certain circumstances; to provide limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 35 of the Official Code of Georgia Annotated, relating to special policemen, is amended by adding to the end of that chapter a new Code Section 35-9-16 to read as follows: "35-9-16. (a) As used in this Code section, the term 'federal law enforcement officer' means a person employed by the United States government who is vested either expressly by law or by virtue of such employment with authority to enforce the provisions of federal law through the power of arrest and who is authorized to carry a firearm in the performance of the person's official duties as a law enforcement officer of the United States. (b) A federal law enforcement officer shall have the same powers, duties, privileges, and immunities as a peace officer of this state when making an arrest or rendering assistance involving any crime under any of the following circumstances: (1) The federal law enforcement officer observes a crime committed in that officer's presence or within that officer's immediate knowledge, or if an offender is endeavoring to escape; (2) The federal law enforcement officer renders assistance to a peace officer or other law enforcement officer of this state pursuant to that other officer's specific request or in an emergency; or (3) The federal law enforcement officer makes the arrest while providing assistance as a part of a bona fide task force or joint investigation in conjunction with peace officers or other law enforcement officers of this state. (c) Nothing contained in this Code section shall limit any existing authority otherwise conferred upon a federal law enforcement officer; provided that in all circumstances in which a federal law enforcement officer makes an arrest or renders assistance in accordance with subsection (b) of this Code section concerning a violation of state or local law, the federal law enforcement officer shall immediately notify the law enforcement agency 836 JOURNAL OF THE HOUSE, with jurisdiction over the offense and relinquish all control to that law enforcement agency for any such violation. (d) Nothing contained in this Code section shall operate to impose civil liability on any state or local law enforcement agency, municipal or county governing authority, sheriff, chief of police, or any state or local law enforcement officer for any claims or causes of action that may arise as the result of a federal law enforcement officer making an arrest or rendering assistance in accordance with subsection (b) of this Code section. (e) Nothing contained in this Code section shall operate to confer peace officer status upon any federal law enforcement officer or qualify any federal law enforcement officer for membership in the Peace Officers' Annuity and Benefit Fund." 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 Williams of the 114th moved that HB 163 be recommitted to the Committee on Public Safety. Representative Barnes of the 33rd moved that HB 163 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Bannister YBarfoot E Barnard Y Barnes Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove N Bridges Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G Dii Y Dixon, H Dixon, S YDobbs N Dukes YEhrhart Epps YEvana Y Everett Y Pelton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Hammontree Y Hanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Henson Y Holland Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin N Jackson James Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly Lane YLee Y Lewis YLord Lucas Maddox YMann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee NMcCall McClinton Y McKinney Y Mills Mobley Y Mosley Y Mueller Y O'Neal On the motion, the ayes were 125, nays 17. The motion prevailed. Y Orrock YParham Y Parrish Y Parsons Pelote Perry Y Pinholster YPoag Y Polak Ponder Porter N Powell Purcell YRagas Randall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Smiling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest NTwiggs Y Walker, L Y Walker, R.L West Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr MONDAY, FEBRUARY 24, 1997 837 Representatives Purcell of the 147th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. House of Representatives Legislative Office Building, Room 609 Atlanta, Georgia 30334 Robert E. Rivers Clerk of the House of Representatives Room 307 Georgia State Capitol Atlanta, GA 30334 Dear Mr. Rivers: It has come to my attention that on February 24, 1997 I was recorded as having voted Nay on a motion to table HB 163. It is my assertion that this record is in error. I ask that you place a note in the Journal to this effect so the record may show that I am indeed opposed to HB 163 and that I was in favor of the motion to table this dangerous piece of legislation. Sincerely, /s/ Warren Massey Representative, District 86 HB 284. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, so as to exclude judgments or orders for child support or spousal support. The following Committee substitute was read and withdrawn: A BILL To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, so as to exclude judgments or orders for child support or spousal support; to amend Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, so as to provide for duties under the Uniform Interstate Family Support Act; to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of an assistant district attorney to perform duties under the Uniform Interstate Family Support Act; to amend Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a family member, so as to redefine a certain term; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that payments or installments of child support under a support order are judgments by operation of law; to provide for continuing, exclusive jurisdiction by courts in Georgia for purposes of entering a child support order, modifying a domestic child support order, or modifying 838 JOURNAL OF THE HOUSE, a foreign child support order and to establish concurrent jurisdiction among specific courts of Georgia; to change certain procedures relating to a rule nisi; to authorize a court to order the suspension or denial of hunting or fishing licenses of persons not in compliance with an order for child support; to change certain definitions; to provide that a separate order for income deduction shall be entered upon the entry of a judgment or order for spousal support or child support; to authorize the IV-D agency to issue an order for income deduction; to provide that child support orders shall automatically become subject to withholding upon the accrual of a 30 day arrearage; to provide that contesting an income deduction order shall not stay its enforcement; to change the method of service of an income deduction order; to provide for a method to attack fraudulent conveyances; to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, to authorize the Department of Human Resources to petition for the legitimation of a child when petitioning for the establishment of paternity; to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that there is no trial by jury in paternity actions and to authorize the Office of State Administrative Hearings to adjudicate certain paternity actions; to change the requirements for service of process upon nonresidents; to require the court to order genetic tests to establish paternity upon motion by any party; to require genetic tests to be performed in laboratories certified by the American Association of Blood Banks; to provide for matters of proof in paternity actions; to provide for voluntary acknowledgments of paternity and the legal effect of such acknowledgments upon registration with the Department of Human Resources; to provide for the issuance of temporary child support orders and payments made pursuant to such orders; to provide that evidence of costs of pregnancy, child birth, and genetic testing shall be admitted without the need for third-party testimony and shall constitute prima-facie evidence of amounts incurred; 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 define certain terms; to provide for rescission of voluntary acknowledgments of paternity in the putative father registry; to authorize the IV-D agency to require entities in Georgia to disclose information regarding an obligor or obligee, including information about location, income, and credit status, and to establish a penalty for failure to respond; to require employers doing business in Georgia to make certain reports to the Department of Human Resources; to authorize the enforcement of proposed consent orders and income deduction orders entered prior to the filing of an action; to provide that the final administrative order for support shall have the full force and effect of an order of a superior court; to authorize the IV-D agency to institute collection procedures for all child support arrearages; to create a lien in an amount sufficient to satisfy unpaid child support; to provide for administrative and judicial review, perfection, priority, and expiration of such lien; to authorize the IV-D agency to levy upon property to satisfy such lien and to provide for penalty for failure to surrender property; to require the Department of Human Resources to establish safeguards against the unauthorized use or disclosure of certain information; to authorize the Department of Administrative Services to establish a computer based registry of account data obtained from financial institutions doing business in Georgia; to establish reporting requirements and penalties relating to the registry; to establish an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions, including requirements for notice and judicial review; to authorize the Department of Human Resources to establish a computerized central registry for all support orders entered by any court or administrative tribunal of Georgia; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to provide that no petition may be filed, nor may any proceeding be initiated, under said article on or after January 1, 1998; to enact Article 3 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Inter- state Family Support Act;" to provide for a short title; to provide for definitions; to pro- vide for extended personal jurisdiction over a nonresident in a proceeding to establish, enforce, or modify a support order or to determine parentage; to provide for jurisdiction in support proceedings involving two or more states; to provide for reconciliation of multi- ple orders for support; to establish procedures relating to proceedings under said article; MONDAY, FEBRUARY 24, 1997 839 to provide for the duties of initiating and responding tribunals; to provide for the duties of the support enforcement agency; to authorize the district attorney of each judicial circuit to represent the Department of Human Resources in any proceeding under said article; to designate the Department of Human Resources as the state information agency; to provide for limited immunity of a petitioner under said article; to provide for evidentiary matters, including the application of certain privileges; to provide for establishment of a support order; to provide for enforcement of an order of another state through income withholding; to provide for penalties for noncompliance with an income-withholding order issued by another state; to provide for registration and enforcement of a support order or income-withholding order of another state; to provide for modification of a registered child support order; to provide for proceedings to determine parentage; to provide for interstate rendition of persons charged criminally with failure to provide support; to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses and permits generally, so as to provide for the suspension or denial of licenses for failure to comply with an order of child support; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to correct a cross-reference; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, is amended by striking in its entirety Code Section 9-3-20, relating to actions on foreign judgments, and inserting in lieu thereof a new Code Section 9-3-20 to read as follows: "9-3-20. All actions upon judgments obtained outside this ststei except judgments for child support or spousal support, or both, shall be brought within five years after such judgments have been obtained." SECTION 2. Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, is amended by adding immediately following subsection (c) of Code Section 9-12-60, relating to when a judgment becomes dormant, a new subsection (d) to read as follows: "(d) The provisions of subsection (a) of this Code section shall not apply to judgments or orders for child support or spousal support." SECTION 3. Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) Notify within 15 days the person entitled to support of any account which is 30 days past due except: (A) When a case has been designated as a public assistance case, the delinquent amount and a copy of the payment records of that account shall be promptly referred and forwarded to the district attorney's office or the state agency responsible for the enforcement of collection of such delinquent payments; (B) In cases in which actions have been filed under Article 2 or Article 3 of Chapter 11 of Title 19, the child support receiver shall promptly notify the district attorney and forward a copy of the payment records and the amount of arrears to the district attorney; (C) In cases in which a court has ordered that child support payments be paid through the child support receiver as a condition of probation or a suspended sentence, the child support receiver shall promptly notify the probation office of such court and shall forward a copy of the payment records and the amount of arrears to the prosecuting attorney; or 840 JOURNAL OF THE HOUSE, (D) In cases which are based upon a written agreement in which a person has agreed to provide support of a minor child, the child support receiver shall promptly notify the party designated in the agreement;" SECTION 4. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, is amended by striking in their entirety paragraph (4) of subsection (a) and paragraph (4) of subsection (b) and inserting in lieu thereof two new paragraphs to read as follows: "(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, 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-general or assistant solicitor-general of a state court or as a solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof; a person 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 criminal law; a person who serves on a full-time basis as an attorney employed by the Prosecuting 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,' ad Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act/; and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act'; or a person who serves on a full-time basis as a third-year law student under the authority of Code Section 15-18-22." "(4) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act^' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit." SECTION 5. Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a family member, is amended by striking in its entirety paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Earnings' means compensation paid or payable for personal services, whether denominated as including, but not limited to, wages, salary, commission, bonus, er otiicpwise; find includes periodic pflymcuts pUFSUcmt to s pension or re11pennent pro grant worker's compensation, disability, pension, retirement payments, or interest." SECTION 6. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by adding immediately following subsection (d) of MONDAY, FEBRUARY 24, 1997 841 Code Section 19-6-17, relating to an application for child support following a custody award, a new subsection (e) to read as follows: "(e) Any payment or installment of support under any child support order is, on and after the date due: (1) A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced; (2) Entitled as a judgment to full faith and credit; and (3) Not subject to retroactive modification." SECTION 7. Said chapter is further amended by striking in its entirety Code Section 19-6-26, relating to the procedure for modification of a permanent alimony judgment, and inserting in lieu thereof a new Code Section 19-6-26 to read as follows: "19-6-26. (a) Se long as a party against whom is rendered a permanent alimony judgment remains i or is domiciled in this state, th exclusive procedure (or the modification ef the judguicnt snaii DC Dy ft proceeding instituted tor sucn purposes ifi tnc superior court d tnc county k which venue is proper. As used in this Code section, the term: (1) 'Child support order' means a judgment, decree, or order of a court or authorized administrative agency requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (2) 'Continuing, exclusive jurisdiction' means the authority and jurisdiction of a court to enter or modify a judgment, decree, or order for the payment of child support, as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended. (3) 'Foreign child support order' means a judgment, decree, or order of a court or authorized administrative agency of another state requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (4) 'Modification' means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to a child support order or foreign child support order. (5) 'Moving party' means the party initiating an action for the modification of a child support order or foreign child support order. (6) 'Nonmoving party' means the party not initiating an action for the modification of a child support order or foreign child support order. (7) 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and Indian Country as defined in 18 U.S.C. Section 1151. \o) .No jud^jmeirt of fliiy otiicF stdtG or toFein jurisdiction fjy wtticii rt is ftttempted to modify a judgment ef this state awarding permanent alimony fef th support ef- party, A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a child support order if the court has subject matter and personal jurisdiction to make such a child support order, and no previous support order has been entered by a court of competent jurisdiction with respect to the child or children named in the support order. port of d pftFt/y( ft CftHd of cfiiidfen, OF ootn, rendered subsecjiicnt to JViciFCn trj iyoo. A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a modification of a child support order issued by a court of this state if the child or children named in the child support order or any party to the action resides m this state. (d) A court of this state may exercise continuing, exclusive jurisdiction for entering a modification of a foreign child support order if: 842 JOURNAL OF THE HOUSE, (1) The court has subject matter and personal jurisdiction over the nonmoving party; and (2) The court of the state issuing the order sought to be modified no longer has continuing, exclusive jurisdiction to modify said order as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended. (3) The parties file a written consent allowing the court to assume continuing, exclusive jurisdiction. This Code section shall be interpreted to effectuate the provisions of Article 3 of Chapter 11 of this title. (e) Jurisdiction within this state to enforce a child support order entered by or registered with a court of this state shall be vested concurrently in the court issuing such order, the court in the county where the person owing the duty of support may be found or is employed, and the court in the county where property may be found which is subject to seizure, sale, foreclosure, or other process for application toward the support obligation." SECTION 8. Said chapter is further amended by striking in their entirety subsections (b) and (c) of Code Section 19-6-28, relating to enforcement of orders, and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within 29 ten days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged. A child support contempt motion shall be served upon a respondent with a notice that contains a date certain for hearing which shall be no later than 30 days from the date of service of the motion, unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for ug to ten days. (c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows: IN THE SUPERIOR COURT OF _______ COUNTY STATE OF GEORGIA Plaintiff ) Civil action ) File no. _____________ Defendant ) RULE NISI NOTICE AND ACKNOWLEDGMENT To: (insert the name and address of the person to be served) The enclosed motion and rule nisi are served pursuant to Official Code of Georgia Annotated Section 19-6-28. You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within 29 ten days of the date of mailing to you, which date is set out below. MONDAY, FEBRUARY 24, 1997 843 You must sign and date the acknowledgment. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signa- ture your authority. If you do not complete and return this form to the sender within 30 ten days, you or the party on whose behalf you are being served will be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law unless good and sufficient cause is shown to the contrary. If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below. Signature Date of mailing ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-captioned manner at (insert address). Signature Printed name of signer Authority to receive service of process Date of mailing" SECTION 9. Said chapter is further amended by striking in its entirety Code Section 19-6-28.1, relating to the suspension of, or denial of application or renewal of, certain licenses for noncompliance with a child support order, and inserting in lieu thereof a new Code Section 19-6-28.1 to read as follows: "19-6-28.1. (a) As used in this Code section, the term: (1) 'License' means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle erz to engage in a profession, business, or occupationz or to hunt or fish. (2) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons. 844 JOURNAL OF THE HOUSE, (b) In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence relating to the ability and willingness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section. (c) The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed." SECTION 10. Said chapter is further amended by striking in their entirety paragraphs (5) and (7) of Code Section 19-6-31, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (7), respectively, to read as follows: "(5) 'Income' or 'earnings' means compensation paid or payable for personal services, whether denominated as including, but not limited to, wages, salary, commission, mcnt program worker's compensation, disability, pension, retirement payments, or interest. (7) 'IV-D agency' means the Office ef GhiW Support Recovery Child Support Enforcement Agency of the Department of Human Resources and its contractors." SECTION 11. Said chapter is further amended by striking in its entirety Code Section 19-6-32, relating to entering an income deduction order for an award of child support, and inserting in lieu thereof a new Code Section 19-6-32 to read as follows: "19-6-32. \SL) \i) Aitof uiity TJ L uQUf upon tile dppiicfttiom v& trie cinlu support (,1V "U/ fl^cncy^ a*d upon the entry ef a judgment establishing, enforcing, er modifying a child- support obligation er spousal support obligation trader subsection {d} ef Code Section 10-11-6, the court, rcfcTcc ef the court, or administrative hearing officer shall enter a separate erder fer income deduction if- fate has net been entered. Copica ef the erder shall -be served e the obligee and obligor. K the support order directs that support payments be made through the ehSd support receiver, the ert shall provide ft eepy ef the sapper* erder te th receiver. Except as provided for in paragraph (1) of subsection (a.l) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court or an administrative process, a separate order for income deduction, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer law judge shall furnish copies of the support order and the income deduction order to the IV-D agency. (2) For all child support orders er and spousal support orders trader enforced pursuant to subsection (d) of Code Section 19-11-6 prier te Jaly i-, i989, the IV-D agency shall be authorized to issue an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer law judge is afforded. Such order may be issued electronically by the IV-D agency. MONDAY, FEBRUARY 24, 1997 845 (3) All child support orders issued or modified before July lj 1997, which are not otherwise subject to income deduction shall become subject to income deduction upon the accrual of the equivalent of a 30 day arrearage, without the need for an administrative or judicial hearing or order. (a.l)(l) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced ndf subsection {a} of this Code section by the IV-D agency shall provide for the immediate withholding of such support from the wages of the parent person required by that order to furnish support unless: (A) The court issuing the order finds there is good cause not to require such immediate withholding; or (B) A written agreement is reached between both parties which provides for an alternative arrangement. For purposes of this paragraph, any finding that there is good cause not to require immediate withholding must be based on at least a written determination that implementing immediate wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders. (2) All child support orders which are not described in subsection (a) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise that order under Code Section 19-6-19 or to enforce that order under Code Section 19-6-28, be revised to include provisions for withholding of such support from the wages of the person required by the order to furnish that support if arrearages equal to one month's support eeew accrue but without the necessity of filing application for services under Code Section 19-11-6. (3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency. (b) The income deduction order shall: (1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the court support order to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold a specific an additional amount until the arrearage is paid in full; and (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended. (c) The income Income deduction efder ander subsection {a} ef this Code section is orders shall be effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement. (d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court. (e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state: (1) All fees or interest which shall be imposed; (2) The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (3) That the income deduction applies to current and subsequent payers and periods of employment; (4) That a copy of the income deduction order will be served on the obligor's payor or payors; 846 JOURNAL OF THE HOUSE, (5) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's address and payors and the addresses of his payors. (f) When the eewt orders th income deduction te be is effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state: (1) The terms of the support order; (2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed; (3) All fees or interest which may be imposed; (4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (5) That a copy of the notice of delinquency will be served on the obligor's payer or payors, together with a copy of the income deduction order unless the ebJiger applies te the eettrt te contest enforcement ef th erder. The obligor may apply to the court to contest enforcement of the order once the notice of delinquency has been served. The application shall be filed within W days after the date the notice ef delinquency was served shall not affect the enforcement of the income deduction order until the court enters an order granting relief to the obligor; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee. The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order on the obligor's payor. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed. (g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative hearing officer law judge to: (1) Modify, suspend, or terminate the order for income deduction because of a modification, suspension, or termination of the underlying order for support; or (2) Modify the amount of income deducted when the arrearage has been paid." SECTION 12. Said chapter is further amended by striking in their entirety subsections (a), (b), (c), (d), and (h) of Code Section 19-6-33, relating to notice and service of an income deduction order, and inserting in lieu thereof new subsections (a), (b), (c), (d), and (h), respectively, to read as follows: "(a) The obligee or his or her agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the ODii^or s pflyor unless tne ooii^or nets Applied to? ft fieftrin^j to contest tne entoi*cement ef the income deduction erdr pursuant te subsection {e} ef this Code section. The obligor must be notified that withholding has commenced and how to contest the withholding. (b) Service of the initial income deduction order by or upon any person who is a party to a proceeding under this Code section shall be made i perse by personal service, ef by certified mail, return receipt requestedj or by regular mail. Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail. MONDAY, FEBRUARY 24, 1997 847 (c)(l) When the eeart erdrs the income deduction te be is effective upon a delinquency in an amount equal to one month's support, the obligor; within W days after service ef- a notice ef delinquency, may apply for a hearing to the court to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay th service ef- does not affect the enforcement of an income deduction order en aH payers ef the obligor until a hearing is held- anda determination is made as te whether the enforcement ef the income deduction is proper unless the court enters an order granting relief to the obligor. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor. (2) When an obligor timely requests a hearing to contest enforcement of an income deduction order, the court, referee, or administrative hearing officer law judge after due notice to all parties and the IV-D agency, if the obligee is receiving IV-D services, shall hear the matter within 20 days after the application is filed. The court, referee, or administrative hearing officer law .judge shall enter an order resolving the matter within ten days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. K the court determines tnflt service f fttt mcoise deduction ofde? is proper rt snflii specify tnc dftte tne income deduction order must be served en the obligor's payor. (d) When a court, court referee, or administrative hearing officer law judge determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his or her agent shall cause a copy of the income deduction order and a notice to payor, and in the case of a delinquency a notice of delinquency, to be served on the obligee's payers. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor." reQuest me fluency responsiDie to? income deduction tft tne wier stflte T enforce tiie ef the support order; and a statement ef- arrearages, if applicable. tie in another state te enforce an income deduction erder against ft payer located tins stftte ior tne DCnetit of sn obligee wno ^s being provide ci i v w services oy tne agency in the ether state, the IV-D agency shall aet promptly pursuant to the- applicaWe provisions ef this Code section. \OT wnen fin ODII^JOF wno is subject to sn income dec tic*ion order eniorced ft^fflinst ft services by tiie fluency Fesponslore TOP income deduction m ftnotner stftte termincites nis Fcifttionsftip witn nis pflyor( tne i v i^ fluency snfLLt notny tne ft^ency m tne otner new pflyor of tne obiioi% it Known. \^*f A nc ppoceduffti pules &nd iflws ot tnis stftte govepn tne procedupfli cispccts oi flnotner stftte rccjucsts tne eniorcement 01 ftR income deduction order tin tnis stftte. The provisions of Article 3 of Chapter 11 of this title, the 'Uriform Interstate Family Support Act,' apply to all income deduction orders originating in this state and directed to another state. In addition, the provisions of Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' apply to all income withholding orders originating in another state and directed to this state." SECTION 13. Said chapter is further amended by adding immediately following Code Section 19-6-34 a new Code section, to be designated Code Section 19-6-35, to read as follows: 848 JOURNAL OF THE HOUSE, "19-6-35. (a) As used in this Code section, the term: (1) 'Child support obligee' means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency entitled by law to enforce a child support obligation on behalf of such parent, caretaker, or child. (2) 'Child support obligor' means an individual owing a duty of support to a child or children, whether or not such duty is evinced by a judgment, order, or decree. (b) A child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor, as defined in Code Section 18-2-1, for the purposes of attacking as fraudulent a judgment, conveyance, transaction, or other arrangement interfering with the creditor's rights, either at law or in equity." SECTION 14. Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking in its entirety Code Section 19-7-22, relating to the petition for legitimation of child, and inserting in lieu thereof a new Code Section 19-7-22 to read as follows: "19-7-22. (a) A father of a child born out of wedlock may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. In addition, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child. (b) Consistent with the purpose of subsection (a) of this Code section, whenever the Department of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the department may also petition for the legitimation of the child born out of wedlock. Upon the determination of paternity, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child." SECTION 15. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, is amended by striking in its entirety Code Section 19-7-40, relating to jurisdiction, and inserting in lieu thereof a new Code Section 19-7-40 to read as follows: "19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury. (b) Whenever the Department ef- Human Resources seeks te establish paternity for the benefit ef- a child f-e* whom public assistance is being received er a child wfee is net the putative father ay voluntarily waive in writing his right te a trial by pay m the aupenor court ftnd consent to trie flumimstPfltive determino.11on o pfttem11y pupsu&nt TO MONDAY, FEBRUARY 24, 1997 849 Chapter 13 ef- Title 60 Whenever the Department of Human Resources seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that if the putative father demands a trial by jary in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jttfy at the first session of the next term of court succeeding the putative father's demand for trial by jary er before the judge without a jary daring the same term the event that the putative father having made a- demand for trial by jary thereafter withdraws said demand. The administrative determination shall have the same force and effect as a judicial decree." SECTION 16. Said article is further amended by striking in its entirety Code Section 19-7-41, relating to service outside the state, and inserting in lieu thereof a new Code Section 19-7-41 to read as follows: "19-7-41. In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person^ including those enumerated in Article 3 of Chapter 11 of this title arising eat ef the fact that the child was conceived 19 ft IfCSUlt Or fifl tJHJr Of SCXUfll 1H16 FCOUrS C Within tillS Stftte WflllC 61 tflCr pflFCllt WflS ft F 9i(x&Dt Of tins stflte QUO. tftc pcf9on on whom service is teQUMed t& tiie flue^cct ifltncr of the child " SECTION 17. Said article is further amended by striking in its entirety Code Section 19-7-43, relating to a petition to establish paternity, and inserting in lieu thereof a new Code Section 19-7-43 to read as follows: "19-7-43. (a) A petition to establish the paternity of a child may be brought by: (1) The child; (2) The mother of the child; (3) Any relative in whose care the child has been placed; (4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or (5) One who is alleged to be the father. (b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section. (c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions." (d) In any case involving child support in which the paternity of a child is made a issue or children has not been established, any party may make a motion for the court to the court, its diacrction, may order the mother, the alleged father, and the child or children to submit to bleed genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established. (e) In any case in which the paternity of a child or children has not been established, the Department of Human Resources may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. 850 JOURNAL OP THE HOUSE, (f) In any case in which the court or the department orders genetic testing, the department shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request." SECTION 18. Said article is further amended by striking in its entirety Code Section 19-7-45, relating to blood tests, and inserting in lieu thereof a new Code Section 19-7-45 to read as follows: "19-7-45. Aft 8OOH ft9 pr&CtICftDlC fttt/CP ftft ftCtlOIl n&S DCCM DFOUgfltj tllG COUTt, UJ3OH HIOilOR 'Oi tflft petitioner, the respondent, er ay other intcrcatcd party, may erder tike mother, the ftirCcci ifltiier', dud trie eftlid to suDniit to flny Diood tests, inciudin ftiiy of tnc types Or tC9tlHg 8 pCCl 1 ie O tR SUDSCCtlOU T"7 Or t?OQC beCtlOIl 1L*" i "4o> WiHCR ft'PC Fe&S aeccDaiblc. I cases which the Department ef Human Resources is the petitioner pt- to 9uomit to 9ucn Diooo, tests. TT trie court orders tiic uiood tests cuid tt tiie flctioii is |->Ti-)iifT'hi- rvrirti* rn thp hiTi'ti nf thp philrf thfr PAIITJ" nil fill /vrHpr tVir VilooH^ tp^rg tftniif nn see as medically feasible after the birth. All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43 and 19-7-46. In all cases such tests must be conducted by a laboratory certified by the American Association of Blood Banks. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. Upon motion by a party, the eeart may erder that independent testa be performed by other experts qualified as examiners ef bleed types. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a blood genetic test, the court may dismiss the action upon motion of the respondent." SECTION 19. Said article is further amended by striking in its entirety Code Section 19-7-46, relating to evidence at trial, and inserting in lieu thereof a new Code Section 19-7-46 to read as follows: "19-7-46. (a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity blood genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. (b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of competent clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen MONDAY, FEBRUARY 24, 1997 851 (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. (c) Evidence of a refusal to submit to a bleed- genetic test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child. (d) An expert's opinion concerning the time of conception is as admissible as is other expert testimony. (e) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence. (f) Other relevant evidence shall be admitted as is appropriate." SECTION 20. Said article is further amended by striking in its entirety Code Section 19-7-46.1, relating to the name or social security number on birth certificate or other record as evidence of paternity, and inserting in lieu thereof a new Code Section 19-7-46.1 to read as follows: "19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. ^D^ Afll9 OOQC SCCtlOU SIlfl.il OC fl]3j)llCflul& T ftliy petition T 69IftDilSIl trlC pfttCM11ty Or ft ehHd filed e e* after Jaly IT 4993 When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. (c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown." SECTION 21. Said article is further amended by adding immediately following Code Section 19-7-46.1 a new Code section, to be designated Code Section 19-7-46.2, to read as follows: "19-7-46.2. (a) Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section 19-6-15 if there is clear and convincing evidence of paternity. Such temporary order will be valid pending an administrative or judicial determination of parentage. (b) All child support payments made pursuant to the temporary order prescribed in subsection (a) of this Code section shall be paid to the court which shall deposit the amount of the payment in a separate account in a bank approved as a federal depository. Such bank shall hold the amount as a special escrow fund and, except as provided in this Code section, shall not distribute any portion of the payment to any party to the action. Each full payment made into the escrow account pursuant to this Code section shall be effective to discharge any duty of the putative father to pay the ordered child support amount. 852 JOURNAL OF THE HOUSE, (c) Upon final judgment in a paternity action that the alleged putative father is the father of the child, the court shall order that the amount retained in the special escrow fund shall be paid to the appropriate person or entity along with any interest that may have accrued. (d) Upon final judgment in a paternity action that the alleged putative father is not the father of the child, the amount retained in the special escrow fund shall be returned to the putative father." SECTION 22. Said article is further amended by striking in its entirety subsection (c) of Code Section 19-7-49, relating to a decree of paternity, and inserting in lieu thereof a new subsection (c) to read as follows: \c/ wiicFO tne issue of psfentftje is to DC decided oy & jury, wnere trie results OT t)iood tcata and comparisons are net shew te be inconsistent with the results ef- any ethef bleed tests ad comparisons, a4 where the results ef- those blood testa and- comparisons indicate that the alleged parent cannot be the natural parent ef the child, the jwry shall DC instructed triflt^ tf they Dciieve tii&t the witness presenting tne results tesriiicd iFutiiiuiiy ds to those results emu tt they Deiicvc thflt the tests &nd compQFISOIIS were conducted properly, it wiH be their duty te decide that the alleged parent is et the- natural parent. The trier of fact shall receive without foundation or the need for third-party testimony evidence of costs of pregnancy, child birth, and genetic testing. The evidence so presented shall constitute prima-facie evidence of amounts incurred for such services or for testing on behalf of the child. The court may award such costs as part of its final decree." SECTION 23. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," is amended by striking in its entirety Code Section 19-11-3, relating to definitions, and inserting in lieu thereof a new Code Section 19-11-3 to read as follows: "19-11-3. As used in this article, the term: (1) 'Court order for child support' means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise. (2) 'Department' means the Department of Human Resources. (3) 'Dependent child' means any person under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States. (4) 'Duty of support' means any duty of support imposed or imposable by law or by court order, decree, or judgment. (5) 'IV-D' means Title IV-D of the federal Social Security Act. (6) 'IV-D agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors. 'Parent' means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing." SECTION 24. Said article is further amended by striking in its entirety subsections (b) and (d) of Code Section 19-11-9, relating to the location of absent parents by the Department of Human Resources, and inserting in lieu thereof new subsections (b) and (d) to read as follows: "(b) The department is to serve as a registry for the receipt of information which directly relates to the identity or location of absent parents, to assist any governmental agency or department in locating an absent parent, to answer interstate inquiries concerning deserting parents, to coordinate and supervise any activity on a state level in search for an absent parent, and to develop guidelines for coordinating activities of any MONDAY, FEBRUARY 24, 1997 853 governmental department, board, commission, bureau, or agency in providing information necessary for location of absent parents and is to process all requests received from an initiating county or an initiating state which has adopted the Uniform Reciprocal Enforcement ef Support Act Uniform Interstate Family Support Act or a law substantially similar to the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act." "(d)(l) There is established within the department a putative father registry. The putative father registry shall record the name, address, and social security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court or administrative agency of competent jurisdiction. A voluntary acknowledgment of paternity may be rescinded pursuant to the provisions of Code Section 19-7-46.1. (2) Information supplied te the registry may be revoked by a written statement which- muat include a declaration that, te the best ef his knowledge and belief, the registrant aomoonc ether than th registrant has been determined te be th father ef the child. Revocation sfcaH enly be effective after the birth ef- the ehHd The department is authorized to prescribe the notices, forms, and educational materials to be used for entities that may offer voluntary paternity establishment services." SECTION 25. Said article is further amended by striking in its entirety Code Section 19-11-9.1, relating to the duty to furnish information about an obligor to the Department of Human Resources, and inserting in lieu thereof a new Code Section 19-11-9.1 to read as follows: "19-11-9.1. (a) Any state er local agency er private employer ef this state entity in this state including for profit, nonprofit, and governmental employers, upon the request of the department and its authorized contractors, shall provide the department with information regarding 2 including the name, address, and social security numbe^ employment, compensation, and benefits regarding ef a person owing or allegedly owing an obligation of support for a dependent child, fe addition te th preceding information, if- the ease involves ft persen receiving pblie assistance, the employer shall atee provide information regarding earnings. Th* department upon receipt ef this information aay *afce it availabte ely te th appropriate officials er agency ef this state er ay other state operating program pursuant te Title IV-D ef the federal Social Security Aetr (b) Except as may be prohibited under the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the IV-D agency may require disclosure of information, including the location, employment, title to property, credit status, or professional affiliation to assist the IV-D agency in locating a custodial parent or noncustodial parent. The IV-D agency may require such disclosure from any state or local government agency; state, county, or municipal registry of deeds or titles; registry of vital records and statistics; utility company regulated by the Georgia Public Service Commission; tax assessor's office; housing authority; employer; professional or trade association; labor union; professional or trade licensing board; or credit bureau or agency. Information furnished by a telephone company, however, shall be limited to the address and telephone number of an obligor or obligee. (c) The IV-D agency may request from any employer or other person or entity providing a source of income which the IV-D agency has reason to believe employs an obligor or obligee or otherwise provides the obligor or obligee with regular periodic income information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The IV-D agency shall not inquire of an employer or other person or entity providing a source of income concerning the same obligor or obligee more than once every three months. (d) The department upon receipt of information collected pursuant to this Code section may make such information available only to the appropriate officials or agency of this 854 JOURNAL OF THE HOUSE, state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Information collected by the department pursuant to this Code section shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (e) No employer or other person or entity providing a source of income who complies with this Code section shall be liable in any civil action or proceeding brought by_ the obligor or obligee on account of such compliance. (f) Responses pursuant to this Code section may be made by paper, facsimile, magnetic tape, or other electronic means. (g) The failure of any individual or entity, without reasonable cause, to provide the IV-D agency with the information requested under this Code section within 14 days after such information is requested or a willful false response to a request pursuant to this Code section shall be punishable by a penalty to be assessed by the IV-D agency or by a court of competent jurisdiction in the amount of $100.00 for each such failure or false response." SECTION 26. Said article is further amended by striking in its entirety Code Section 19-11-9.2, relating to the duty of employers to report the hiring or rehiring of persons to the state support registry, and inserting in lieu thereof the following: "19-11-9.2. (a) Effective July 1, 1993, employers doing business with seven or fe*e employees in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources: (1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who: (1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or (2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified business identifier number. An employer who fails to report as required under this Code section shall be given a written warning. (d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed. (e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. (f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Aid te Families with Dependent Children Temporary Assistance for Needy Families program and the food stamp program. (g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying MONDAY, FEBRUARY 24, 1997 855 for or receiving unemployment compensation benefits and for the collection of delinquent unemployment contributions and overpayment of unemployment benefits, (h) The Department of Administrative Services shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Services shall be authorized to apportion the costs of the registry between the users. (i) This Code acction shall be repealed i its entirety effective May -, 1007." SECTION 27. Said article is further amended by striking in its entirety Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof a new Code Section 19-11-15 to read as follows: "19-11-15. (a) When the department has completed its investigation, has applied the standard established pursuant te Code Section 10-11-12 te as absent patent has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section 19-6-15, and believes that the absent parent is able to furnish a certain amount of support, the department mayj as an exception to Code Section 9-12-18, request the absent parent to agree in writing enter into a proposed consent order and income deduction order to provide the support amount ateng with and accident and sickness insurance coverage consistent with Code Section 19-11-26 prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a voluntary support agreement proposed consent order from the parent, the department e* its dcoignatcd hearing effieer may file an action in superior court or may conduct initiate an administrative hearing te dctcrine finally the ability te support, the ability te- provide accident and sickness insurance coverage, and the amount of support action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The administrative hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing. (c) Whenever the deportment, after a hearing, determines the amount ef- support and the ability te provide accident aad sickness insurance coverage, it siMA deliver the determination The determination of the administrative law judge regarding the ability to provide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall send it be sent by regular mail. The final order shall include an order for income deduction consistent with Code Sections 19-6-30 through 19-6-34, and shall inform the absent parent in plain language: (1) That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her wages or other personalty, or in other collection actions; and (2) That he the absent parent has the right to appeal the determination within 30 days. (d) The final administrative order for support shall have the full force and effect of an order of a superior court of this state and shall be enforceable upon filing with such court under an action for contempt. All other remedies available under the law shall be available for the enforcement of such administrative orders." SECTION 28. Said article is further amended by striking in its entirety Code Section 19-11-18, relating to child support liens, and inserting in lieu thereof a new Code Section 19-11-18 to read as follows: "19-11-18. (a) A child support Hen in fever ef- the deportment sfeaH attach te aH personal and real pi?opcrty of trie PCspons ioi& pflpcnt tf ft ftfts ifliicd T HIQK& Any cftiict support pflymcut 856 JOURNAL OF THE HOUSE, " lie ifliis v& pfly witriiH o\7 dflys filter tne jud^menr of trie court fit11pmin^ the mcnt's decision. The IV-D agency, in accordance with Title IV, Part D of the federal Social Security Act, is authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a judgment or support order of a court or an order from a IV-D agency of competent jurisdiction^ These collection procedures shall include, but not be limited to, notification of employ-. ers that a wage assignment is in effect and not suspended: notification of obligors; demand letters; use of state and federal income tax refund intercept programs; initiation of contempt proceedings; the use of liens, levies, and seizures as provided in subsections (b) and (c) of this Code section; the use of the services of any person providing collection services to the department; seeking warrants in appropriate situations; attachment or lien against property; civil actions to reach and apply; and any other civil or administrative remedy available for the enforcement of judgments or for the enforcement of support or custody orders. \DJ ~x G QepflPtHldlt must IllC It9 ClftllB Or llC 11 Wlwlin tnPCC IBORtllS IFOIH tnC time tt ti+-fnp}lf n 4.~ thp Tl rATIP 1*f" U f\f tVlO TIflT'P'ni' TVlP f-ln-iiYI f\f lipn TTHIflt1 VlP filpH WltH +V>p drrll- of tne superior court of tile county m wnion tne property i& iocs,ted duo. sri(U.r suite ft& !Phe State ef Georgia, fey the Department ef Human Resources, dawns a lien m the ftmount of ~~~ oft tne " (.describe ppopetty) of ot pflpentj top cAild support owett TO tus dependent Resources. (1) A child support obligation which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by a court or an administrative agency of competent jurisdiction shall be due and payable as of the date such amount is established. Such lien shall incorporate any unpaid child support which may accrue in the future and shall not terminate except as provided in paragraph (5) of this subsection. Upon recordation or registration in accordance with paragraph (3) of this subsection, such lien shall encumber all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations provided in paragraphs (3) and (5) of this subsection. (2) When the IV-D agency determines that child support is unpaid, it shall send written notice to the obligor by first-class mail, if the address is known to the IV-D agency, no less frequently than once a year. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the IV-D agency within 30 days of the date of the notice. If the obligor files a timely written request for an administrative review, the IV-D agency shall conduct the review within 21 days of said request and shall not conduct further administrative enforcement action under this subsection until the review is completed. If the obligor has failed to keep the IV-D agency informed of his or her address as required by Code Section 19-6-32 and the agency cannot otherwise determine the current address of the obligor from other available information, the agency may proceed under the provisions of paragraph (4) of this subsection. (3) The filing of a notice of a lien or of a waiver or release of a lien shall be received and registered or recorded without payment of a fee. The IV-D agency may file notice of a lien or waiver or release of a lien or may transmit information to, or receive information from, any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. The perfected lien shall not be subordinate to any recorded lien except a lien that has been perfected before the date on which the child support lien was perfected; provided, however, that the IV-D agency may, upon request of the obligor, subordinate the child support lien MONDAY, FEBRUARY 24, 1997 857 to a subsequently perfected mortgage. To assist in the collection of a debt, the IV-D agency may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation. A notice of a lien shall be filed as follows: (A) With respect to real property, the IV-D agency shall file notice of a lien in the county where property is located or in the county where the obligor resides. The social security number of the obligor shall be noted on the notice of lien. The filing shall operate to perfect a lien when duly recorded and indexed in the grantor index or when registered, as the case may be, as to any interest in real property owned By the obligor that is located in the county where the lien is recorded or registered. A special index for liens created under this chapter shall be maintained in each registry of deeds. If the obligor subsequently acquires an interest in real property, the lien shall be perfected upon the recording or registering of the instrument by which such interest is obtained in the registry of deeds in the county where the notice of the lien was filed within six years prior thereto. A child support lien shall be per- fected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the registry of deeds where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded or registered first; and (B) With respect to personal property, the IV-D agency may also file notice of a child support lien with the social security number of the obligor noted thereon with the Secretary of State, Motor Vehicle Division of the Department of Revenue, or office or agency responsible for the filing or recording of liens. (4) If the collection of any unpaid child support will be jeopardized by delay as determined by the commissioner of human resources or his or her designee, the IV-D agency shall proceed forthwith to collect such unpaid child support by perfecting a lien under paragraph (3) of this subsection or by executing levy or seizure of property under paragraph (1) of subsection (c) of this Code section or by any other available remedy without respect to the 30 day notice period provided in paragraph (2) of this subsection. (5) A lien under this chapter shall expire upon either the termination of a current child support obligation and payment in full of unpaid child support, upon release of the lien by the IV-D agency, or six years from the date on which such lien was first perfected, whichever is earlier. Expiration of the lien shall not terminate the underlying order or judgment of child support. Liens may be extended for additional periods of six years each by recording or registering, within one year before the expiration of the unexpired lien, a further notice of the lien, as provided in paragraph (3) of this subsection, without affecting the priority of such lien. The IV-D agency may issue a full or partial waiver or release of any lien imposed under this Code section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. (c)(l) If any obligor against whom a lien has arisen and has been perfected under par- agraph (3) of subsection (b) of this Code section neglects or refuses to pay the sum due after the expiration of the 30 day notice period specified in paragraph (2) of subsection (b) of this Code section, the IV-D agency may collect such unpaid child sup- port and levy upon all property as provided in this subsection. For the purposes of this subsection, the word 'levy' shall include the power of distraint and seizure by any means. A person in possession of property upon which a lien has priority under para- graph (3) of subsection (b) of this Code section which has been perfected shall, upon demand, surrender the property to the IV-D agency as provided in this subsection. A levy on property held by an organization with respect to a life insurance or endowment contract shall, without necessity for surrender of the contract document, constitute a demand by the IV-D agency for payment of the amount of the lien and the exercise of the right of the obligor to the advance of such amount. Such organization shall pay the amount 90 days after service of notice to levy. The levy shall be deemed to be satisfied if the organization pays to the IV-D agency the full amount which the obligor could have had advanced to him or her, provided that the amount does not exceed the amount of the lien. 858 JOURNAL OF THE HOUSE, (2) Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the IV-D agency for which levy is made, the IV-D agency may thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor liable to levy upon first perfecting its lien as provided in paragraph (3) of subsection (b) of this Code section, until the amount due, together with expenses, is fully paid. With respect to a seizure or levy of real property or tangible personal property, the IV-D agency shall proceed in the manner prescribed by Chapter 13 of Title 9 to the extent that such statutes are not inconsistent with the provisions of this subsection. The IV-D agency shall have any rights to property remaining after satisfying superior perfected liens, as provided in paragraph (3) of subsection (b) of this Code section. (3) Upon demand by the IV-D agency, a person who fails or refuses to surrender property subject to levy pursuant to this subsection shall be liable in his or her own person and estate to the state in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest at the rate due on a judgment from the date of the levy. In addition, any person required to surrender property who fails or refuses to surrender such property without reasonable cause shall be liable for a penalty equal to 25 percent of the amount recoverable. The interest or penalty incurred under this paragraph shall be paid to the state and shall not be credited against the child support liability. (4) Any person in possession of, or obligated with respect to, property who upon demand by the IV-D agency surrenders the property or discharges the obligation to the IV-D agency or who pays a liability to the obligor under this subsection, shall be discharged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this subsection, the organization shall be discharged from any obligation or liability to any beneficiary arising from the surrender or payment. (5) In any case where there has been a refusal or neglect to pay child support or to discharge any liability in respect thereto, whether or not a levy has been made, the IV-D agency, in addition to other forms of relief, may file a civil action in the superior court which originally entered the order for child support to enforce the lien under this subsection. The filing of a civil action shall not preclude the IV-D agency from enforcing the child support order through the use of any administrative means permitted by federal or state law. (d) The IV-D agency shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, the time period within which to respond to such notice, and include the name of the court or administrative agency of competent jurisdiction which entered the child support order. (e) Any person aggrieved by a determination of the IV-D agency pursuant to paragraph (2) or (4) of subsection (b) of this Code section may, upon exhaustion of the procedures for administrative review provided in subsection (b) of this Code section, seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support under this Code section. The court may review the proceedings taken by the agency under the provisions of this Code section and may correct any mistakes of fact, but the court shall not reduce or retroactively modify child support arrears." SECTION 29. Said article is further amended by striking in its entirety Code Section 19-11-30, relating to the confidentiality of information and records, and inserting in lieu thereof a new Code Section 19-11-30 to read as follows: "19-11-30. (a) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the MONDAY, FEBRUARY 24, 1997 859 information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (b) The department shall establish safeguards against the unauthorized use or disclosure of information relating to: (1) Proceedings or actions to establish paternity; (2) Proceedings to establish or enforce support; (3) The whereabouts of one party to another party against whom a protective order with respect to the former party has been entered; and (4) The whereabouts of one party to another party if the department has reason to believe that the release of the information may result in physical or emotional harm to the former party." SECTION 30. Said article is further amended by adding immediately following Code Section 19-11-30 the following new Code sections, to be designated Code Sections 19-11-30.1 through 19-11-30.11, to read as follows: "19-11-30.1. The Department of Administrative Services shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such registry shall be known as the Department of Administrative Services Bank Match Registry. The IV-D agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The Department of Administrative Services is authorized to enter into an agreement with the department establishing the procedures and the costs to be paid by the department to the Department of Administrative Services for performing the data searches and for providing the data to the department's IV-D agency. 19-11-30.2. (a) As used in Code Section 19-11-30.1, this Code section, and Code Sections 19-11-30.3 through 19-11-30.11, the term: (1) 'Account' means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account. (2) 'For cause' means that the department has reason to believe that an individual has opened an account at a financial institution listed in paragraph (3) of this subsection. (3) 'Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund. (4) 'Money market mutual fund' means every regulated investment company within the meaning of Section 851 (a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 CFR 270.2A-7. (b) The Department of Administrative Services shall request from each financial institution, not more frequently than on a quarterly basis, the name, record address, social security number, and other identifying data for each person listed in such request who maintains an account at such financial institution. The data provided shall be sent to the Department of Administrative Services Bank Match Registry. The Department of Administrative Services shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters. (c) The Department of Administrative Services may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause. (d) All requests made by the Department of Administrative Services pursuant to subsection (b) or (c) of this Code section shall be in machine readable form unless a financial institution expressly requests the department to submit the request in writing. The 860 JOURNAL OF THE HOUSE, financial institution shall furnish all such information in machine readable form, which meets criteria established by the Department of Administrative Services, within 30 days of such request. Each financial institution shall furnish all such information on those persons whose accounts bear a residential address within the state at the time such request is processed by the financial institution. (e) At its option, a financial institution may, within 30 days of the end of the first quarter of every calendar year, submit to the Department of Administrative Services Bank Match Registry a report of the name, record address, social security number, and any other identifying data of each person maintaining an account at such financial institution. Within 30 days of the end of each subsequent quarter of every calendar year, every financial institution electing this option shall submit to the registry a supplemental report regarding each new account opened by a person during such quarter and each account reported in a prior quarter that has been closed during the most recent quarter. Such information shall be submitted in machine readable form satisfactory to the Department of Administrative Services. A financial institution filing reports under this subsection shall not be required to comply with subsection (b) or (c) of this Code section. 19-11-30.3. The Department of Administrative Services Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the Department of Human Resources for child support enforcement purposes, and report the matched accounts to the Department of Human Resources in machine readable form. Upon the receipt of such information, the Department of Human Resources, and where appropriate local contractors, shall seek to verify the accuracy of the information presented. 19-11-30.4. No employee or agent of the state shall divulge any information collected pursuant to Code Sections 19-11-30.1 through 19-11-30.11 to any public or private agency or individual except in the manner prescribed in this Code section. Information may be disclosed and shared by and between any employee of an administering agency and any subgrantee, local administering agency, or contractor performing child support enforcement functions under the provisions of Title IV-D of the federal Social Security Act. Unauthorized disclosure shall be punished pursuant to Code Section 19-11-30. 19-11-30.5. Any financial institution required to submit a report pursuant to Code Section 19-11-30.2 which fails without reasonable cause as determined by the Department of Administrative Services to comply with such reporting requirements and which, after notification by certified mail by the Department of Administrative Services, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notification to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notification shall be liable for a penalty of $1,000.00. 19-11-30.6. The commissioner of administrative services, in cooperation with the IV-D agency, shall establish a program of wage and bank information sharing with other states. The commissioner is authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the IV-D agency. Such reciprocal agreements shall only be made with states which administer programs that the commissioner of administrative services, in consultation with the IV-D agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section 19-11-30.4 shall also apply to any such information received from any other state under a reciprocal agreement. 19-11-30.7. MONDAY, FEBRUARY 24, 1997 861 Code Sections 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioners of administrative services and human resources of such wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act. 19-11-30.8. The commissioner of administrative services shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year. 19-11-30.9. As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of administrative services under Code Section 19-11-30.2 shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the the Department of Administrative Services; provided, however, that a financial institution may disclose to its depositors or account holders that under the bank match system the Department of Administrative Services has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the provisions of this Code section, such institution shall pay to the Department of Administrative Services the lesser of $1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the Department of Administrative Services pursuant to Code Section 19-11-30.2 or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the Department of Administrative Services or in a report furnished by the financial institution to the Department of Administrative Services. 19-11-30.10. The IV-D agency shall have the authority to levy and seize a deposit or account in accordance with Code Section 19-11-32. 19-11-30.11. A financial institution may charge an account levied on by the commissioner of human resources a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the Department of Human Resources. The commissioner of administrative services requesting bank or account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237." SECTION 31. Said article is further amended by adding at the end thereof the following new Code sections, to be designated Code Sections 19-11-32 through 19-11-39, to read as follows: "19-11-32. (a) Notwithstanding other statutory provisions which provide for the execution, attachment, or levy against accounts, the IV-D agency, including its authorized contractors, may utilize the process established in this Code section and Code Sections 19-11-33 through 19-11-39 to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to other statutory provisions shall also apply. (b) An obligor is subject to the provisions of this Code section and Code Sections 19-11-33 through 19-11-39 if the obligor's support obligation is being enforced by the IV-D agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the IV-D agency, are delinquent in an amount equal to the support payment for one month. (c) Any amount forwarded by a financial institution under this Code section and Code Sections 19-11-33 through 19-11-39 shall not exceed the delinquent or accrued amount 862 JOURNAL OF THE HOUSE, of support owed by the obligor. Financial institutions subject to administrative levy are defined in paragraph (3) of subsection (a) of Code Section 19-11-30.2. 19-11-33. (a) The IV-D agency may proceed under Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-38 only if notice has been provided to the obligor in one of the following manners: (1) The obligor is provided notice of the provisions of this Code section in the court order establishing the support obligation. The IV-D agency or court or administrative law judge may include language in any new or modified support order issued on or after July 1, 1997, notifying the obligor that the obligor is subject to the provisions of Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-39; or (2) The IV-D agency may send a notice by regular mail to the last known address of the obligor. 19-11-34. (a) The IV-D agency may contact a financial institution to obtain verification of the account number, the names and social security numbers listed for the account, and the account balance of any account held by an obligor. A financial institution may require positive voice recognition and the telephone number of the authorized person from the IV-D agency before releasing an obligor's account information by telephone. (b) The financial institution is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for any information released by the financial institution to the IV-D agency pursuant to this Code section. (c) Neither the financial institution nor the IV-D agency is liable for the cost of any early withdrawal penalty of an obligor's certificate of deposit. 19-11-35. (a) If an obligor is subject to the provisions of Code Section 19-11-32, the IV-D agency may initiate an administrative action to levy against the account or accounts of the obligor. If notice has previously been provided pursuant to Code Section 19-11-33, further notice is not required prior to such action. (b) The IV-D agency may send a notice to the financial institution with which the account is placed directing that the financial institution forward all or a portion of the moneys in the obligor's account or accounts to the IV-D agency or its collection services center. The notice shall be sent by certified mail. (c) The notice to the financial institution shall contain all of the following information: (1) The name and social security number of the obligor; (2) A statement that the obligor is believed to have one or more accounts at the financial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 19-11-34, this Code section, and Code Sections 19-11-36 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center; (4) The maximum amount that shall be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed the obligor; (5) The prescribed time frame which the financial institution must meet in forwarding amounts; (6) The address of the IV-D agency which will process the moneys forwarded; and (7) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-36. The IV-D agency shall notify an obligor subject to an administrative levy, as well as any other party known to have an interest in the account, of the action taken. The notice shall contain all of the following information: (1) The name and social security number of the obligor; MONDAY, FEBRUARY 24, 1997 863 (2) A statement that the obligor is believed to have one or more accounts at a specified financial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 19-11-35, this Code section, and Code Sections 19-11-37 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center; (4) The maximum amount to be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed by the obligor; (5) The prescribed time frame within which the financial institution must comply; (6) A statement that any challenge to the action shall be in writing and must be received by the IV-D agency within ten days of the date of the notice to the obligor; (7) The address of the IV-D agency which will process the moneys forwarded; and (8) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-37. (a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest. Actions initiated by the IV-D agency pursuant to Code Sections 19-11-32 through 19-11-36, this Code section, and Code Sections 19-11-38 and 19-11-39 are not subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the only hearing following notice to the financial institution directing the levy shall be in superior court pursuant to this Code section. (b) If a person decides to challenge the action taken by the IV-D agency, he or she must submit a written challenge within ten working days of the date of the notice, and the challenge must be directed to the person identified in the notice as the contact with the IV-D agency. (c) The IV-D agency shall, upon receipt of a written challenge, review the facts of the case with the challenging party. Only a mistake of fact, including but not limited to a mistake in the identity of the obligor or ownership of funds or a mistake in the amount of delinquent support due, shall be considered as a reason to dismiss or modify the proceeding. A rebuttable presumption shall exist in a joint account that the funds belong to the obligor, which presumption may only be rebutted by clear and convincing evidence. (d) If the IV-D agency determines that a mistake of fact has occurred, the agency shall proceed as follows: (1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the IV-D agency shall notify the financial institution that the administrative levy has been released. The IV-D agency shall provide a copy of the notice to the support obligor by regular mail; or (2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the IV-D agency shall notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the IV-D agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38. (e) If the IV-D agency finds no mistake of fact, the IV-D agency shall so notify the challenging party by regular mail. Upon a subsequent written request of the challenging party, the IV-D agency shall request a hearing before the superior court in the county in which the underlying support order is filed. (f) Once such a hearing has been requested, the IV-D agency shall proceed as follows: (1) Require the financial institution to encumber moneys; and (2) Request that the clerk of the superior court schedule a hearing for a time not later than ten calendar days after the filing of the request for hearing. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the IV-D agency and to all account holders of interest. (g) Once such a hearing has concluded, the IV-D agency shall proceed as follows: 864 JOURNAL OF THE HOUSE, (1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the IV-D agency shall notify the financial institution that the administrative levy has been released; (2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the IV-D agency shall notify the financial institution to release the excess moneys to the obligor and remit the remaining moneys in the amount of the debt to the IV-D agency for disbursement to the appropriate recipient; or (3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the IV-D agency for disbursement to the appropriate recipient. (h) If the obligor or any other party known to have an interest in the account fails to appear at the hearing, the court may find the challenging party in default, shall ratify the administrative levy, if valid upon its face, and shall enter an order directing the financial institution to release the moneys to the IV-D agency. (i) Issues related to visitation, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this Code section. (j) Support orders shall not be modified pursuant to this Code section, and any findings in the challenge of an administrative levy related to the amount of the accruing or accrued support obligation do not modify the underlying support order, (k) An order entered under this Code section for a levy against an account of a support obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced. (1) The support obligor may withdraw the request for challenge by submitting a written withdrawal to the person identified as the contact for the IV-D agency in the notice, or the IV-D agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by regular mail. (m) If the financial institution has forwarded moneys to the IV-D agency and has deducted a fee from the moneys of the account, or if any additional fees or costs are levied against the account, and all funds are subsequently refunded to the account due to a mistake of fact or ruling of the court, the IV-D agency shall reimburse the account for any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount of support payments, however, the IV-D agency is not required to reimburse the account for any fees or costs levied against the account. Additionally, for the purposes of reimbursement to the account for any fees or costs, each certificate of deposit is considered a separate account. 19-11-38. (a) Upon receipt of a notice under Code Section 19-11-35, the financial institution shall do all of the following: (1) Immediately encumber funds in all accounts in which the obligor has an interest to the extent of the debt indicated in the notice; and (2) Forward the moneys encumbered to the IV-D agency no sooner than 15 days and no later than 20 days from the date the financial institution receives the notice pursuant to Code Section 19-11-35. Such money shall not be forwarded, however, if the IV-D agency notifies the financial institution of a challenge by an obligor or an account holder of interest. All encumbered moneys that are forwarded must be accompanied by the obligor's name and social security number, child support enforcement account number, and any other information required in the notice. (b) The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding of moneys to the IV-D agency. This fee is in addition to the amount of support due. In the event that there are insufficient moneys to cover the fee and the support due, the institution may deduct the fee amount prior to forwarding moneys to the IV-D agency or its collection services center, and the amount credited to the support obligation shall be reduced by the fee amount. 19-11-39. MONDAY, FEBRUARY 24, 1997 865 (a) The department shall create by contract, cooperative agreement, or otherwise a computerized central case registry for all support orders entered by any court or administrative tribunal of this state. All IV-D agency orders as well as those not within the IV-D agency shall be registered in this data base. The department may enter into a cooperative agreement with the Administrative Office of the Courts so as to obtain information needed to create and maintain the state registry of orders as required by federal law. (b) The registry of orders shall include the following information for each case: the full names of each party and minor child, the date of birth and social security number for each such person, the last known address for each person at the time the order was entered, the name of the county in which the order was entered, any and all case identification numbers, including civil action filing numbers and IV-D agency assigned case numbers, and any such information as may be later required under federal law. (c) In any case handled by the IV-D agency, the registry shall include payment records as well as the amount of child support liens. The payment record shall include: (1) the amount of monthly or other periodic support owed under the order and other amounts including arrearages, interest or late payment penalties, and fees due or overdue under the order; (2) any amount described in item (1) of this subsection that has been collected; (3) the distribution of such collected accounts; (4) the birth date of any child for whom the order requires the provision of support; and (5) the amount of any lien imposed with respect to a child support order. (d) The state agency operating the state case registry shall promptly establish and update, maintain, and regularly monitor case records in the state case registry with respect to which services are being provided by the IV-D agency. Services to be monitored include: information on administrative actions and administrative and judicial proceedings and orders related to paternity and support; information obtained from comparison with federal, state, or local sources of information; information on support collections and distributions; and any other relevant information. (e) The information contained in the state case registry shall be available to state and federal agencies as authorized by law for the enforcement of support orders. The information shall be available for data comparisons with case registries of other states." SECTION 32. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," is amended by inserting after Code Section 19-11-40 the following new Code section, to be designated Code Section 19-11-40.5, to read as follows: "19-11-40.5. No new petition may be filed, nor may any type of proceeding be initiated, under this article on or after January 1, 1998. It is the intent of the General Assembly that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by the provisions of Article 3 of this chapter, the 'Uniform Interstate Family Support Act.' The provisions of this article shall apply only to proceedings pending prior to January 1, 1998." SECTION 33. Said chapter is further amended by adding at the end thereof the following new article, to be designated Article 3, to read as follows: "ARTICLE 3 Part 1 19-11-100. This article shall be known and may be cited as the 'Uniform Interstate Family Support Act.' 19-11-101. As used in this article, the term: 866 JOURNAL OF THE HOUSE, (1) 'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) 'Child support order' means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. (3) 'Duty of support' means an obligation imposed or which may be imposed by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (4) 'Home state' means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (5) 'Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of Georgia. (6) 'Income-withholding order' means an order or other legal process directed to an obligor's employer or other debtor, pursuant to Code Sections 19-6-31 through 19-6-33, to withhold support from the income of the obligor. (7) 'Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this article or a law substantially similar to this article or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (8) 'Initiating tribunal' means the authorized tribunal in an initiating state. (9) 'Issuing state* means the state in which a tribunal issues a support order or renders a judgment determining parentage. (10) 'Issuing tribunal' means the tribunal that issues a support order or renders a judgment determining parentage. (11) 'Law' includes decisional and statutory law and rules and regulations having the force of law. (12) 'Obligee' means: (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; (B) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (C) An individual seeking a judgment determining parentage of the individual's child. (13) 'Obligor' means an individual or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) Who is alleged but has not been adjudicated to be a parent of a child; or (C) Who is liable under a support order. (14) 'Register' means to record or file a support order or judgment determining parentage in the appropriate court for the recording or filing of foreign judgments generally or foreign support orders specifically. (15) 'Registering tribunal' means a tribunal in which a support order is registered. (16) 'Responding state* means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this article or a law or procedure substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (17) 'Responding tribunal' means the authorized tribunal in a responding state. (18) 'Spousal support order' means a support order for a spouse or former spouse of the obligor. MONDAY, FEBRUARY 24, 1997 867 (19) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes: (A) An Indian tribe; and (B) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (20) 'Support enforcement agency' means a public official or agency authorized to seek: (A) Enforcement of support orders or laws relating to the duty of support; (B) Establishment or modification of child support; (C) Determination of parentage; or (D) The location of obligors or their assets. (21) 'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement and may include related costs and fees, interest, income withholding, attorney's fees, and other relief. (22) 'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. 19-11-102. The superior courts, the Office of State Administrative Hearings, and the Department of Human Resources are the tribunals of Georgia for purposes of this article. 19-11-103. Remedies provided by this article are cumulative and do not affect the availability of remedies under other law. Part 2 19-11-110. In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (1) The individual is personally served with process within Georgia; (2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in Georgia; (4) The individual resided in Georgia and provided prenatal expenses or support for the child; (5) The child resides in Georgia as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage in the putative father registry maintained in this state by the Department of Human Resources; or (8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction. 19-11-111. A tribunal of Georgia exercising personal jurisdiction over a nonresident under Code Section 19-11-110 may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. In all other respects, Parts 3 through 7 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia, including the rules on choice of law other than those established by this article. 19-11-112. 868 JOURNAL OF THE HOUSE, Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. 19-11-113. (a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state only if: (1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; (2) The contesting party timely challenges the exercise of jurisdiction in the other state; and (3) If relevant, Georgia is the home state of the child. (b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: (1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia; (2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and (3) If relevant, the other state is the home state of the child. 19-11-114. (a) A tribunal in Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a child support order: (1) As long as Georgia remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Until all of the parties who are individuals have filed written consents with the tribunal in Georgia for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. (b) A tribunal in Georgia issuing a child support order consistent with the law of Georgia may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this article or a law substantially similar to this article. (c) If a child support order of Georgia is modified by a tribunal of another state pursuant to this article or a law substantially similar to this article, a tribunal in Georgia loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in Georgia and may only: (1) Enforce the order that was modified as to amounts accruing before the modification; (2) Enforce nonmodifiable aspects of that order; and (3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d) A tribunal of Georgia shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this article or a law substantially similar to this article. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f) A tribunal of Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of Georgia may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. 19-11-115. (a) A tribunal in Georgia may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state. MONDAY, FEBRUARY 24, 1997 869 (b) A tribunal in Georgia having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. (c) A tribunal in Georgia which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. 19-11-116. (a) If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this article and two or more child support orders have been issued by tribunals of Georgia or another state with regard to the same obligor and child, a tribunal of Georgia shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls and must be so recognized; (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this article, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized; or (3) If none of the tribunals would have continuing, exclusive jurisdiction under this article, the tribunal of Georgia having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized. (c) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in Georgia, a party may request a tribunal in Georgia to determine which order controls and must be so recognized under subsection (b) of this Code section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (d) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this Code section is the tribunal that has continuing, exclusive jurisdiction under Code Section 19-11-114. (e) A tribunal of Georgia which determines by order the identity of the controlling order under paragraph (1) or (2) of subsection (b) of this Code section or which issues a new controlling order under paragraph (3) of subsection (b) of this Code section shall state in that order the basis upon which the tribunal made its determination. (f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. 19-11-117. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of Georgia shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Georgia. 19-11-118. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of Georgia. 870 JOURNAL OF THE HOUSE, Parts 19-11-120. (a) Except as otherwise provided in this article, this part applies to all proceedings under this article. (b) This article provides for the following proceedings: (1) Establishment of an order for spousal support or child support pursuant to Part 4 of this article; (2) Enforcement of a support order and income-withholding order of another state without registration pursuant to Part 5 of this article; (3) Registration of an order for spousal support or child support of another state for enforcement pursuant to Part 6 of this article; (4) Modification of an order for child support or spousal support issued by a tribunal of Georgia pursuant to Code Sections 19-11-112 through 19-11-115; (5) Registration of an order for child support of another state for modification pursuant to Part 6 of this article; (6) Determination of parentage pursuant to Part 7 of this article; and (7) Assertion of jurisdiction over nonresidents pursuant to Code Sections 19-11-110 and 19-11-111. (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. 19-11-121. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. 19-11-122. Except as otherwise provided by this article, a responding tribunal of Georgia: (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceedings; and (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of Georgia. 19-11-123. (a) Upon the filing of a petition authorized by this article, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If a responding state has not enacted this article or a law or procedure substantially similar to this article, a tribunal of Georgia may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. 19-11-124. (a) When a responding tribunal of Georgia receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of Code Section 19-11-120, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of Georgia, to the extent otherwise authorized by law, may do one or more of the following: MONDAY, FEBRUARY 24, 1997 871 (1) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage; (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) Issue an order for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the arrest order in any local and state computer systems; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and (12) Grant any other available remedy. (c) A responding tribunal of Georgia shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of Georgia may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation. (e) If a responding tribunal of Georgia issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. 19-11-125. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent. 19-11-126. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article. (b) A support enforcement agency that is providing services to the petitioner as appropriate shall: (1) Take all steps necessary to enable an appropriate tribunal in Georgia or another state to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner or other appropriate agency; (5) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) This article does not create a relationship of attorney-client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. 19-11-127. (a) The district attorney of each judicial circuit shall be authorized to represent the Department of Human Resources in any proceeding under this article; absent representation by the district attorney, actions under this article on behalf of the department 872 JOURNAL OF THE HOUSE, shall be brought by attorneys appointed by the Attorney General. In all actions brought by the Department of Human Resources, the department shall be regarded as the sole client of such attorney, and no attorney-client relationship shall be created between such attorney and any individual seeking or receiving services under this article through the Department of Human Resources. (b) Where a support order is established pursuant to Code Section 19-11-140 incident to representation of the department by the district attorney, there shall be paid to the county in which the petition is handled the sum of $50.00 for each such support order established, whether this state is the initiating or responding jurisdiction. (c) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those services directly to the individual. 19-11-128. An individual may employ private counsel to represent the individual in proceedings authorized by this article. 19-11-129. (a) The Department of Human Resources is the state information agency under this article. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of tribunals and support enforcement agencies received from other states; (3) Forward to the appropriate tribunal in the place in Georgia in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from an initiating tribunal or the state information agency of the initiating state; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. 19-11-130. (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this article must verify the petition. Unless otherwise ordered under Code Section 19-11-131, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. 19-11-131. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this article. 19-11-132. MONDAY, FEBRUARY 24, 1997 873 (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Part 6 of this article, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. 19-11-133. (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article. (c) The immunity granted by this Code section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while present in Georgia to participate in the proceeding. 19-11-134. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article. 19-11-135. (a) The physical presence of the petitioner in a responding tribunal of Georgia is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. (b) A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e) Documentary evidence transmitted from another state to a tribunal of Georgia by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this article, a tribunal of Georgia may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article. 874 JOURNAL OF THE HOUSE, 19-11-136. A tribunal in Georgia may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal in Georgia may furnish similar information by similar means to a tribunal of another state. 19-11-137. A tribunal of this state may: (1) Request a tribunal of another state to assist in obtaining discovery; and (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. 19-11-138. A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. Part 4 19-11-140. (a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state may issue a support order if: (1) The individual seeking the order resides in another state; or (2) The support enforcement agency seeking the order is located in another state. (b) The tribunal may issue a temporary child support order if: (1) The respondent has signed a verified statement acknowledging parentage; (2) The respondent has been determined by or pursuant to law to be the parent; or (3) There is other clear and convincing evidence that the respondent is the child's parent. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124. Part 5 19-11-150. An income-withholding order issued in another state may be sent to the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. 19-11-151. (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of Georgia. (c) Except as otherwise provided by subsection (d) of this Code section and Code Section 19-11-152, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) The duration and the amount of periodic payments of current child support, stated as a sum certain; (2) The person or agency designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and MONDAY, FEBRUARY 24, 1997 875 (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and (3) The time periods within which the employer must implement the withholding order and forward the child support payment. 19-11-152. If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees. 19-11-153. An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income. 19-11-154. An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal in Georgia. 19-11-155. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in Georgia in the same manner as if the order had been issued by a tribunal of Georgia. Code Section 19-11-163 applies to the contest. (b) The obligor shall give notice of the contest to: (1) Any support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order; and (3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee. 19-11-156. (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of Georgia. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of Georgia to enforce a support order or an incomewithholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article. Part 6 19-11-160. A support order or an income-withholding order issued by a tribunal of another state may be registered in Georgia for enforcement. 19-11-161. (a) A support order or income-withholding order of another state may be registered in Georgia by sending the following documents and information to the appropriate tribunal in Georgia: (1) A letter of transmittal to the tribunal requesting registration and enforcement; 876 JOURNAL OF THE HOUSE, (2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order; (3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) The name of the obligor and, if known: (A) The obligor's address and social security number; (B) The name and address of the obligor's employer and any other source of income of the obligor; and (C) A description and the location of property of the obligor in Georgia not exempt from execution; and (5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. (c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion, or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order. 19-11-162. (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of Georgia. (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia. (c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. 19-11-163. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. (b) In a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, applies. 19-11-164. (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) The notice must inform the nonregistering party: (1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of Georgia; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) Of the amount of any alleged arrearages. (c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33. 19-11-165. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in Georgia shall request a hearing within 20 days after notice of the registration. MONDAY, FEBRUARY 24, 1997 877 The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Code Section 19-11-166. (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. 19-11-166. (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of Georgia to the remedy sought; (6) Full or partial payment has been made; or (7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the arrearages. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered order which is not in dispute may be enforced by all remedies available under the laws of Georgia, (c) If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. 19-11-167. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. 19-11-168. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Georgia in the same manner provided in Code Sections 19-11-160 through 19-11-163 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. 19-11-169. A tribunal of Georgia may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of Georgia, but the registered order may be modified only if the requirements of Code Section 19-11-170 have been met. 19-11-170. (a) After a child support order issued in another state has been registered in Georgia, the responding tribunal of Georgia may modify that order only if Code Section 19-11-172 does not apply and, after notice and hearing, it finds that: (1) The following requirements are met: (A) The child, the individual obligee, and the obligor do not reside in the issuing state; (B) A petitioner who is a nonresident of Georgia seeks modification; and (C) The respondent is subject to the personal jurisdiction of the tribunal of Georgia; 878 JOURNAL OF THE HOUSE, (2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of Georgia and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this article, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order. (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner. (c) A tribunal in Georgia may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under the provisions of Code Section 19-11-116 establishes the aspects of the support order which are nonmodifiable. (d) On issuance of an order modifying a child support order issued in another state, a tribunal of Georgia becomes the tribunal having continuing, exclusive jurisdiction. 19-11-171. A tribunal in Georgia shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to this article or a law substantially similar to this article and, upon request, except as otherwise provided in this article, shall: (1) Enforce the order that was modified only as to amounts accruing before the modification; (2) Enforce only nonmodifiable aspects of that order; (3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and (4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement. 19-11-172. (a) If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply. 19-11-173. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. Part 7 19-11-180. (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this article or a law substantially similar to this article, or the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child. MONDAY, FEBRUARY 24, 1997 879 (b) In a proceeding to determine parentage, a responding tribunal in Georgia shall apply the procedural and substantive law of this state and the rules of this state on choice of law. PartS 19-11-185. (a) For purposes of this part, the term 'governor' includes an individual performing the functions of governor or the executive authority of a state covered by this article. (b) The Governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. 19-11-186. (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail. (b) If, under this article or a law substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order. Part 9 19-11-190. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting it. 19-11-191. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable." SECTION 34. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, is amended by adding immediately following Codes Section 27-2-25.1 a new Code section, to be designated Code Section 27-2-25.2, to read as follows: 880 JOURNAL OF THE HOUSE, "27-2-25.2. The commissioner shall have the power to suspend any license required by this title when such license holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. The commissioner shall also have the power to deny the application for issuance or renewal of a license required by this title when such applicant is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. Notwithstanding the provisions of Code Section 27-2-25, the hearings and appeal procedures provided for in Code Section 19-6-28.1 shall be the only such procedures required to suspend or deny any license pursuant to this Code section." SECTION 35. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-9.1, relating to social security account information of parents, and inserting in lieu thereof a new Code Section 31-10-9.1 to read as follows: "31-10-9.1. (a) Social security account information of the mother and father, if paternity is acknowledged by the father, of a child born within this state shall be entered in the medical and health statistics section of the certificate of live birth at the time of filing the certificate of birth as provided in Code Section 31-10-9. (b) The state registrar shall make available the records of parent name and social security number to the Office ef Child Support Recovery Child Support Enforcement Agency of the Department of Human Resources for its use in the establishment of paternity or the enforcement of child support orders. (c) Information obtained by the Office ef Child Support Recovery Child Support Enforcement Agency of the Department of Human Resources pursuant to this Code section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation." SECTION 36. Section 32 of this Act shall become effective on January 1, 1998. Sections 16 and 33 of this Act shall become effective on January 1, 1998, and shall apply to all proceedings initiated on or after that date. All other provisions of this Act shall become effective on July 1, 1997. SECTION 37. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Baker of the 70th, et al., was read: A BILL To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, so as to exclude judgments or orders for child support or spousal support; to amend Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, so as to provide for duties under the Uniform Interstate Family Support Act; to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of an assistant district attorney to perform duties under the Uniform Interstate Family Support Act; to amend Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a family member, so as to redefine a certain term; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that payments or installments of child support under a support order are judgments by operation MONDAY, FEBRUARY 24, 1997 881 of law; to provide for continuing, exclusive jurisdiction by courts in Georgia for purposes of entering a child support order, modifying a domestic child support order, or modifying a foreign child support order and to establish concurrent jurisdiction among specific courts of Georgia; to change certain procedures relating to a rule nisi; to authorize a court to order the suspension or denial of hunting or fishing licenses of persons not in compliance with an order for child support; to change certain definitions; to provide that a separate order for income deduction shall be entered upon the entry of a judgment or order for spousal support or child support; to authorize the IV-D agency to issue an order for income deduction; to provide that child support orders shall automatically become subject to withholding upon the accrual of a 30 day arrearage; to provide that contesting an income deduction order shall not stay its enforcement; to change the method of service of an income deduction order; to provide for a method to attack fraudulent conveyances; to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, to authorize the Department of Human Resources to petition for the legitimation of a child when petitioning for the establishment of paternity; to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that there is no trial by jury in paternity actions and to authorize the Office of State Administrative Hearings to adjudicate certain paternity actions; to change the requirements for service of process upon nonresidents; to require the court to order genetic tests to establish paternity upon motion by any party; to require genetic tests to be performed in laboratories certified by the American Association of Blood Banks; to provide for matters of proof in paternity actions; to provide for voluntary acknowledgments of paternity and the legal effect of such acknowledgments upon registration with the Department of Human Resources; to provide for the issuance of temporary child support orders and payments made pursuant to such orders; to provide that evidence of costs of pregnancy, child birth, and genetic testing shall be admitted without the need for third-party testimony and shall constitute prima-facie evidence of amounts incurred; 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 define certain terms; to provide for rescission of voluntary acknowledgments of paternity in the putative father registry; to authorize the IV-D agency to require entities in Georgia to disclose information regarding an obligor or obligee, including information about location, income, and credit status, and to establish a penalty for failure to respond; to require employers doing business in Georgia to make certain reports to the Department of Human Resources; to authorize the enforcement of proposed consent orders and income deduction orders entered prior to the filing of an action; to provide that the final administrative order for support shall have the full force and effect of an order of a superior court; to authorize the IV-D agency to institute collection procedures for all child support arrearages; to create a lien in an amount sufficient to satisfy unpaid child support; to provide for administrative and judicial review, perfection, priority, and expiration of such lien; to authorize the IV-D agency to levy upon property to satisfy such lien and to provide for penalty for failure to surrender property; to require the Department of Human Resources to establish safeguards against the unauthorized use or disclosure of certain information; to authorize the Department of Administrative Services to establish a computer based registry of account data obtained from financial institutions doing business in Georgia; to establish reporting requirements and penalties relating to the registry; to establish an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions, including requirements for notice and judicial review; to authorize the Department of Human Resources to establish a computerized central registry for all support orders entered by any court or administrative tribunal of Georgia; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to provide that no petition may be filed, nor may any proceeding be initiated, under said article on or after January 1, 1998; to enact Article 3 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Inter- state Family Support Act;" to provide for a short title; to provide for definitions; to pro- vide for extended personal jurisdiction over a nonresident in a proceeding to establish, enforce, or modify a support order or to determine parentage; to provide for jurisdiction 882 JOURNAL OF THE HOUSE, in support proceedings involving two or more states; to provide for reconciliation of multiple orders for support; to establish procedures relating to proceedings under said article; to provide for the duties of initiating and responding tribunals; to provide for the duties of the support enforcement agency; to authorize the district attorney of each judicial circuit to represent the Department of Human Resources in any proceeding under said article; to designate the Department of Human Resources as the state information agency; to provide for limited immunity of a petitioner under said article; to provide for evidentiary matters, including the application of certain privileges; to provide for establishment of a support order; to provide for enforcement of an order of another state through income withholding; to provide for penalties for noncompliance with an income-withholding order issued by another state; to provide for registration and enforcement of a support order or income-withholding order of another state; to provide for modification of a registered child support order; to provide for proceedings to determine parentage; to provide for interstate rendition of persons charged criminally with failure to provide support; to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses and permits generally, so as to provide for the suspension or denial of licenses for failure to comply with an order of child support; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to correct a cross-reference; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, is amended by striking in its entirety Code Section 9-3-20, relating to actions on foreign judgments, and inserting in lieu thereof a new Code Section 9-3-20 to read as follows: "9-3-20. All actions upon judgments obtained outside this statej except judgments for child support or spousal support, or both, shall be brought within five years after such judgments have been obtained." SECTION 2. Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, is amended by adding immediately following subsection (c) of Code Section 9-12-60, relating to when a judgment becomes dormant, a new subsection (d) to read as follows: "(d) The provisions of subsection (a) of this Code section shall not apply to judgments or orders for child support or spousal support." SECTION 3. Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) Notify within 15 days the person entitled to support of any account which is 30 days past due except: (A) When a case has been designated as a public assistance case, the delinquent amount and a copy of the payment records of that account shall be promptly referred and forwarded to the district attorney's office or the state agency responsible for the enforcement of collection of such delinquent payments; (B) In cases in which actions have been filed under Article 2 or Article 3 of Chapter 11 of Title 19, the child support receiver shall promptly notify the district attorney and forward a copy of the payment records and the amount of arrears to the district attorney; (C) In cases in which a court has ordered that child support payments be paid through the child support receiver as a condition of probation or a suspended sentence, the child support receiver shall promptly notify the probation office of such MONDAY, FEBRUARY 24, 1997 883 court and shall forward a copy of the payment records and the amount of arrears to the prosecuting attorney; or (D) In cases which are based upon a written agreement in which a person has agreed to provide support of a minor child, the child support receiver shall promptly notify the party designated in the agreement;" SECTION 4. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, is amended by striking in their entirety paragraph (4) of subsection (a) and paragraph (4) of subsection (b) and inserting in lieu thereof two new paragraphs to read as follows: "(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, 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-general or assistant solicitor-general of a state court or as a solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof; a person 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 criminal law; a person who serves on a full-time basis as an attorney employed by the Prosecuting 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/; and Article 3 of Chapter U of Title 19, the 'Uniform Interstate Family Support Act'; or a person who serves on a full-time basis as a third-year law student under the authority of Code Section 15-18-22." "(4) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act/ and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit." SECTION 5. Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a family member, is amended by striking in its entirety paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Earnings' means compensation paid or payable fef personal services, whether denominated as including, but not limited to, wages, salary, commission, bonus, e* otii FW19C, cuid include9 periodic p&ymcnts pursu&n c to d pension of FGtircmcni pro- t worker's compensation, disability, pension, retirement payments, or interest." 884 JOURNAL OF THE HOUSE, SECTION 6. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by adding immediately following subsection (d) of Code Section 19-6-17, relating to an application for child support following a custody award, a new subsection (e) to read as follows: "(e) Any payment or installment of support under any child support order is, on and after the date due: (1) A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced; (2) Entitled as a judgment to full faith and credit; and (3) Not subject to retroactive modification." SECTION 7. Said chapter is further amended by striking in its entirety Code Section 19-6-26, relating to the procedure for modification of a permanent alimony judgment, and inserting in lieu thereof a new Code Section 19-6-26 to read as follows: "19-6-26. (a) Se teag as a party against whom is rendered a permanent alimony judgment remains ift OP is domiciico fft 11119 stfltc, trie cxciu81vc ppoccfluPC to? trie mouiiicfixion of uic judg- ment 9nni DC Dy ft pPOCCCu1H 1RStltUtCQ IOP 9UCI1 pUPpO969 "H5 tilC 9UpCPlOP COUrt Of tllC county fat which venue is proper. As used in this Code section, the term: (1) 'Child support order' means a judgment, decree, or order of a court or authorized administrative agency requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (2) 'Continuing, exclusive jurisdiction' means the authority and jurisdiction of a court to enter or modify a judgment, decree, or order for the payment of child support, as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended. (3) 'Foreign child support order' means a judgment, decree, or order of a court or authorized administrative agency of another state requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (4) 'Modification' means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to a child support order or foreign child support order. (5) 'Moving party' means the party initiating an action for the modification of a child support order or foreign child support order. (6) 'Nonmoving party' means the party not initiating an action for the modification of a child support order or foreign child support order. (7) 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and Indian Country as defined in 18 U.S.C. Section 1151. \D/ JNo JUQmcrrt ot fliiy OIIICF stfttc of IOPCI^R jupisuictioii oy wincii it is flticmpT6u to modify a judgment ef this state awarding permanent alimony for th support ef party, ft cnild of cnildrcn, ot Dotn, will DC recognized ? enforced Dy tnc courts of tnis state. A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a child support order if the court has subject matter and personal jurisdiction to make such a child support order, and no previous support order has been entered by a court of competent jurisdiction with respect to the child or children named in the support order. (c) This Code acction shall apply te att judgments for permanent alimony for the sp- court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a modification of a child support order issued by a court of this state if the child or children named in the child support order or any party to the action resides in this state. MONDAY, FEBRUARY 24, 1997 885 (d) A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a modification of a foreign child support order ift (1) The court has subject matter and personal jurisdiction over the nonmoving party; and (2) The court of the state issuing the order sought to be modified no longer has continuing, exclusive jurisdiction to modify said order as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended. (3) The parties file a written consent allowing the court to assume continuing, exclusive jurisdiction. This Code section shall be interpreted to effectuate the provisions of Article 3 of Chapter 11 of this title. (e) Jurisdiction within this state to enforce a child support order entered by or registered with a court of this state shall be vested concurrently in the court issuing such order, the court in the county where the person owing the duty of support may be found or is employed, and the court in the county where property may be found which is subject to seizure, sale, foreclosure, or other process for application toward the support obligation." SECTION 8. Said chapter is further amended by striking in their entirety subsections (b) and (c) of Code Section 19-6-28, relating to enforcement of orders, and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within 30 ten days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged. A child support contempt motion shall be served upon a respondent with a notice that contains a date certain for hearing which shall be no later than 30 days from the date of service of the motion, unless good cause for a later date is found bjr the court, in which event the time for a hearing may be extended for up to ten days. (c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows: IN THE SUPERIOR COURT OF _____ COUNTY STATE OF GEORGIA Plaintiff ) Civil action ) File no. _________ Defendant ) RULE NISI NOTICE AND ACKNOWLEDGMENT To: (insert the name and address of the person to be served) The enclosed motion and rule nisi are served pursuant to Official Code of Georgia Annotated Section 19-6-28. 886 JOURNAL OF THE HOUSE, You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within 36 ten days of the date of mailing to you, which date is set out below. You must sign and date the acknowledgment. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return this form to the sender within 30 ten days, you or the party on whose behalf you are being served will be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law unless good and sufficient cause is shown to the contrary. If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below. Signature Date of mailing ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-captioned manner at (insert address). Signature Printed name of signer Authority to receive service of process Date of mailing" SECTION 9. Said chapter is further amended by striking in its entirety Code Section 19-6-28.1, relating to the suspension of, or denial of application or renewal of, certain licenses for noncompliance with a child support order, and inserting in lieu thereof a new Code Section 19-6-28.1 to read as follows: "19-6-28.1. (a) As used in this Code section, the term: (1) 'License' means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle er^ to engage in a profession, business, or occupation2 or to hunt or fish. (2) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of MONDAY, FEBRUARY 24, 1997 887 Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons. (b) In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence relating to the ability and willingness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section. (c) The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed." SECTION 10. Said chapter is further amended by striking in their entirety paragraphs (5) and (7) of Code Section 19-6-31, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (7), respectively, to read as follows: "(5) 'Income' or 'earnings' means compensation paid or payable for personal services, whether denominated as including, but not limited to, wages, salary, commission, fiaent program worker's compensation, disability, pension, retirement payments, or interest. (7) 'IV-D agency' means the Office of GhHd Support Recovery Child Support Enforcement Agency of the Department of Human Resources and its contractors." SECTION 11. Said chapter is further amended by striking in its entirety Code Section 19-6-32, relating to entering an income deduction order for an award of child support, and inserting in lieu thereof a new Code Section 19-6-32 to read as follows: "19-6-32. \8i)\i.) t\ii&t July TJ lyoiTj upon trie &pp1icfttion to tnc cfiiiu support \i v ~u/ fluency, and pen the entry of a judgment establishing, enforcing, or modifying a child- support obligation or spousal support obligation tmdef subsection {d} of- Code Section 10-11-6, the court, referee of- the court, or administrative hearing officer shall enter a separate order- fe income deduction if one has net feeen entered. Copies of the order shaH -be served en the obligee and obligor, tf the support order- directs that support payments be made through the ehiM support receiver, the cettft shall provide copy of- tne swpport order to the receiver. Except as provided for in paragraph (1) of subsection (a.l) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court or an administrative process, a separate order for income deduction, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the covrt, referee, or administrative hearing office* law judge shall furnish copies of the support order and the income deduction order to the IV-D agency. (2) For all child support orders or and spousal support orders wider enforced pursuant to subsection (d) of Code Section 19-11-6 prior te Jly -, W89, the IV-D agency shall be authorized to issue an order for income deduction may be isstied- without need for any amendment to the order involved or any further action by the court or entity 888 JOURNAL OF THE HOUSE, that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer law judge is afforded. Such order may be issued electronically by the IV-D agency. (3) All child support orders issued or modified before July 1, 1997, which are not otherwise subject to income deduction shall become subject to income deduction upon the accrual of the equivalent of a 30 day arrearage, without the need for an administrative or judicial hearing or order. (a.l)(l) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced aadet subsection {a} ef this Code section by the IV-D agency shall provide for the immediate withholding of such support from the wages of the parent person required by that order to furnish support unless: (A) The court issuing the order finds there is good cause not to require such immediate withholding; or (B) A written agreement is reached between both parties which provides for an alternative arrangement. For purposes of this paragraph, any finding that there is good cause not to require immediate withholding must be based on at least a written determination that imple- menting immediate wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders. (2) All child support orders which are not described in subsection (a) of this Code sec- tion or in paragraph (1) of this subsection shall, upon petition of either party to revise that order under Code Section 19-6-19 or to enforce that order under Code Section 19-6-28, be revised to include provisions for withholding of such support from the wages of the person required by the order to furnish that support if arrearages equal to one month's support eeew accrue but without the necessity of filing application for services under Code Section 19-11-6. (3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency. (b) The income deduction order shall: (1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the eeart support order to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold a specific an additional amount until the arrearage is paid in full; and (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended. (c) 3%e income Income deduction order *df subsection {a} of this Code section isorders shall be effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement. (d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court. (e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state: (1) All fees or interest which shall be imposed; (2) The total amount of income to be deducted for each pay period until the arrear- age, if any, is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (3) That the income deduction applies to current and subsequent payors and periods of employment; MONDAY, FEBRUARY 24, 1997 889 (4) That a copy of the income deduction order will be served on the obligor's payor or payers; (5) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's address and payers and the addresses of his payers. (f) When the eewt erders the income deduction te be is effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state: (1) The terms of the support order; (2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed; (3) All fees or interest which may be imposed; (4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (5) That a copy of the notice of delinquency will be served on the obligor's payor or payers, together with a copy of the income deduction order unless the obligor applies te the eeert te contest enforcement ef th erder. The obligor may apply to the court to contest enforcement of the order once the notice of delinquency has been served. The application shall be filed within W> days after the date the notice ef- delinquency was served shall not affect the enforcement of the income deduction order until the court enters an order granting relief to the obligor; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (7) That the obligor is required to notify the obligee of the obligor's current address and current payers and the address of current payers. All changes shall be reported by the obligor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee. The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order on the obligor's payor. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed. (g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative hearing effieer law judge to: (1) Modify, suspend, or terminate the order for income deduction because of a modification, suspension, or termination of the underlying order for support; or (2) Modify the amount of income deducted when the arrearage has been paid." SECTION 12. Said chapter is further amended by striking in their entirety subsections (a), (b), (c), (d), and (h) of Code Section 19-6-33, relating to notice and service of an income deduction order, and inserting in lieu thereof new subsections (a), (b), (c), (d), and (h), respectively, to read as follows: "(a) The obligee or his or her agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the oDii^for s psyor unless uie oDiior ftss flppiicu ror ft ncQnn^ to contest tnc cniorcciiicni ef the income deduction order pursuant te subsection ef- this Code section. The obligor must be notified that withholding has commenced and how to contest the withholding. (b) Service of the initial income deduction order by or upon any person who is a party to a proceeding under this Code section shall be made i perse by personal service, er 890 JOURNAL OF THE HOUSE, by certified mail, return receipt requested^ or by regular mail. Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail. (c)(l) When the eeart ereters the income deduction te be is effective upon a delinquency in an amount equal to one month's support, the obligor; within le days after service of a notice ef delinquency, may apply for a hearing to the court to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service ef does not affect the enforcement of an income deduction order en aH payers ef the obligor until a hearing is held- and a determination is made as te whether the enforcement ef- the income deduction is proper unless the court enters an order granting relief to the obligor. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor. (2) When an obligor timely requests a hearing to contest enforcement of an income deduction order, the court, referee, or administrative hearing office* law judge after due notice to all parties and the IV-D agency, if the obligee is receiving IV-D services, shall hear the matter within 20 days after the application is filed. The court, referee, or administrative hearing officer law judge shall enter an order resolving the matter within ten days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. K the eeart determines income deduction order must be sei-ved en the obligor's payor. (d) When a court, court referee, or administrative hearing officer law judge determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his or her agent shall cause a copy of the income deduction order and a notice to payor, and in the case of a delinquency a notice of delinquency, to be served on the obligee's payors. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor." "(h)(l) When an ineeme deduction order is te be enforced against a payer- located- etrt- PCQUeSr TRe QGney PCSponSline fOF income d6dUCtlOn ift the OthCP 91Cite TO CHIOFCC the income deduction order. L he peQuest snciii cont&m cui iniownfit10n necessory TO cniopce the iHCOHie electuction orderf including the Amount TO DC penodiccrtiy deducted) ct copy ef-the support order; and a statement ef arrearages, if applicable. \oj when the i v *iy fluency is rec[uested Dy the &ency re8ponsiDIc tor income QCductien in another state te enforce a income deduction order against a payer located tins suite tor toe bcnctit of ns ooii^ee wiio ~ts Dein provided i v miy services uy tne agency in the other state, the IV-D ageney shaft act promptly pursuant te- fee- applicabte provisions ef this Code section. (8) When an obligor who is subject te an income deduction erder enforced against a services Dy Tfte1 fluency responsible tor income deduction uu Euiotuef stflte termincites stflje ind ppovioe rt witn the nftme* ftnd sddress of the otHi^or &nd tne dddfess of ony new psyop of tne ODII^OF^ tt Knowni (4) The procedural rales and laws ef this state gevern the procedural aspects ef income dcduction orders whenever the Agency jesponsioie top income deduction HV onothcp stfltc PCQuests the eniopeement of &n income deduction order us tnis 3to.tc< The provisions of Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' apply to all income deduction orders originating in this state and directed to another state. In addition, the provisions of Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' apply to all income withholding orders originating in another state and directed to this state." SECTION 13. Said chapter is further amended by adding immediately following Code Section 19-6-34 a new Code section, to be designated Code Section 19-6-35, to read as follows: MONDAY, FEBRUARY 24, 1997 891 "19-6-35. (a) As used in this Code section, the term: (1) 'Child support obligee' means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency entitled by law to enforce a child support obligation on behalf of such parent, caretaker, or child. (2) 'Child support obligor' means an individual owing a duty of support to a child or children, whether or not such duty is evinced by a judgment, order, or decree. (b) A child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor, as defined in Code Section 18-2-1, for the purposes of attacking as fraudulent a judgment, conveyance, transaction, or other arrangement interfering with the creditor's rights, either at law or in equity." SECTION 14. Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking in its entirety Code Section 19-7-22, relating to the petition for legitimation of child, and inserting in lieu thereof a new Code Section 19-7-22 to read as follows: "19-7-22. (a) A father of a child born out of wedlock may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. In addition, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child. (b) Consistent with the purpose of subsection (a) of this Code section, whenever the Department of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the department may also petition for the legitimation of the child born out of wedlock. Upon the determination of paternity, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child." SECTION 15. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, is amended by striking in its entirety Code Section 19-7-40, relating to jurisdiction, and inserting in lieu thereof a new Code Section 19-7-40 to read as follows: "19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury. (b) Whenever the Department ef- Human Resources seeks te establish paternity for- the benefit ef- et ekHd for when* public assistance is being received er a child whe is net the recipient ef- public assistance whese custodian has applied for services for the child, the putative father may voluntarily waive JB writing his right te a trial by jury the supeHOP court ftno. consent TO ttic ftQmiiii9t'rfttivc dctcrminfl11on of pftternity pursuftft* to 892 JOURNAL OF THE HOUSE, Chapter 43 ef- Title 66 Whenever the Department of Human Resources seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that if the putative father demands a trial by jvay in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jwy at the first session of the next term of court succeeding the putative father's demand for trial by jvaty er before the judge without ft jwy dttringthe same term the event that the putative father having- made a demand for trial by jury thereafter withdraws said demand. The administrative determination shall have the same force and effect as a judicial decree." SECTION 16. Said article is further amended by striking in its entirety Code Section 19-7-41, relating to service outside the state, and inserting in lieu thereof a new Code Section 19-7-41 to read as follows: "19-7-41. In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person^ including those enumerated in Article 3 of Chapter 11 of this title arising eat ef the feet that the child was conceived 19 ft FCSUrt Or ftft ftCr Or SCXUfli 1ft%C1*COUF9G Wltfllll 11119 St-fttC WflllC CftllCP pflFftUt WflS ft r tfiis 9Lftt6 cuici tiic person on wiioift service ts reQUirco. is trie fliiccci idiner SECTION 17. Said article is further amended by striking in its entirety Code Section 19-7-43, relating to a petition to establish paternity, and inserting in lieu thereof a new Code Section 19-7-43 to read as follows: "19-7-43. (a) A petition to establish the paternity of a child may be brought by: (1) The child; (2) The mother of the child; (3) Any relative in whose care the child has been placed; (4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or (5) One who is alleged to be the father. (b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section. (c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions." (d) In any case involving child support in which the paternity of a child is made tat issue or children has not been established, any party may make a motion for the court to the court, its discretion, may order the mother, the alleged father, and the child or children to submit to blood genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established. (e) In any case in which the paternity of a child or children has not been established, the Department of Human Resources may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. MONDAY, FEBRUARY 24, 1997 893 (f) In any case in which the court or the department orders genetic testing, the department shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request." SECTION 18. Said article is further amended by striking in its entirety Code Section 19-7-45, relating to blood tests, and inserting in lieu thereof a new Code Section 19-7-45 to read as follows: "19-7-45. AS 9OOH ftS pPflCt1CflOiC &ItCT SR ftCtlOB fllS DCCH DFOttIltj tflC COUrt> UpOM IKOtlOW "Or fzlC poii'vioiicrf tftc respondent, OP ftny otncr intercstcd pflptyj Hisy OPQGP tiio motiier, tfto Or testing spcciiicd m SUDSCCLIOH \&7 o oode ocction LIT* f "4oj wtticii ttpc tc&8on&oiy acccaaiblc. fe* cases which the Department ef Human Resources is the petitioner p*- 911flirt tO pflJQPflpft \4/ Of 9UDSeCtlOn \ft/ Or t'OdC OCCtiOR 1U T 4O) tllO COUPt 9ftlll UpOH motion of ftny porty to trie fiction OFQGF tn.c motricrj trie fliic^co, tfl.tn.cpj flnct trie cziiid V>Tf>iigTit nrinr -4-^ tiir ViirtVi pf tVip pliilH tVip rAnrt1 ^Vinll /\-^4p flir Wl|^rifj tp^tg m/if^p nn soon as medically feasible after th birth. All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43 and 19-7-46. In all cases such tests must be conducted by a laboratory certified by the American Association of Blood Banks. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. Upon motion by party, the eewt may erder that independent teats be performed by ether- experts qualified as examiners ef blood typca. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a blood genetic test, the court may dismiss the action upon motion of the respondent." SECTION 19. Said article is further amended by striking in its entirety Code Section 19-7-46, relating to evidence at trial, and inserting in lieu thereof a new Code Section 19-7-46 to read as follows: "19-7-46. (a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity bteed genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. (b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of competent clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen 894 JOURNAL OF THE HOUSE, (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. (c) Evidence of a refusal to submit to a Weed- genetic test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child. (d) An expert's opinion concerning the time of conception is as admissible as is other expert testimony. (e) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence. (f) Other relevant evidence shall be admitted as is appropriate." SECTION 20. Said article is further amended by striking in its entirety Code Section 19-7-46.1, relating to the name or social security number on birth certificate or other record as evidence of paternity, and inserting in lieu thereof a new Code Section 19-7-46.1 to read as follows: "19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. \o/ A ills OOQC section, sziftii T&c ftppiicADie to ctny petition to cstfluiisri tiic pfltcMIity of a ehiid filed en or after Jtriy lj 1993 When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. (c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown." SECTION 21. Said article is further amended by adding immediately following Code Section 19-7-46.1 a new Code section, to be designated Code Section 19-7-46.2, to read as follows: "19-7-46.2. (a) Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section 19-6-15 if there is clear and convincing evidence of paternity. Such temporary order will be valid pending an administrative or judicial determination of parentage. (b) All child support payments made pursuant to the temporary order prescribed in subsection (a) of this Code section shall be paid to the court which shall deposit the amount of the payment in a separate account in a bank approved as a federal depository. Such bank shall hold the amount as a special escrow fund and, except as provided in this Code section, shall not distribute any portion of the payment to any party to the action. Each full payment made into the escrow account pursuant to this Code section shall be effective to discharge any duty of the putative father to pay the ordered child support amount. MONDAY, FEBRUARY 24, 1997 895 (c) Upon final judgment in a paternity action that the alleged putative father is the father of the child, the court shall order that the amount retained in the special escrow fund shall be paid to the appropriate person or entity along with any interest that may have accrued. (d) Upon final judgment in a paternity action that the alleged putative father is not the father of the child, the amount retained in the special escrow fund shall be returned to the putative father." SECTION 22. Said article is further amended by striking in its entirety subsection (c) of Code Section 19-7-49, relating to a decree of paternity, and inserting in lieu thereof a new subsection (c) to read as follows: tests QUO. comporisons &FC not snown to u& inconsistent wittt the PCsuits or tuiy otncr blood tests and comparisons, and where the results ef those blood tests and- comparisons indicate feat the alleged parent easnet fee the natural patent ef the child, the jty sfeaH be inatfuctcd that, if- they believe that the witness prcaenting the results testified trutniUtty fts to tnosc results flnu tt tney iodicvc tnctt the tests ftnet compflnsons were conducted properly, it witt be their dwty te decide that the alleged parent is- net fee natwal parent. The trier of fact shall receive without foundation or the need for third-party testimony evidence of costs of pregnancy, child birth, and genetic testing. The evidence so presented shall constitute prima-facie evidence of amounts incurred for such services or for testing on behalf of the child. The court may award such costs as part of its final decree." SECTION 23. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," is amended by striking in its entirety Code Section 19-11-3, relating to definitions, and inserting in lieu thereof a new Code Section 19-11-3 to read as follows: "19-11-3. As used in this article, the term: (1) 'Court order for child support' means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise. (2) 'Department' means the Department of Human Resources. (3) 'Dependent child' means any person under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States. (4) 'Duty of support' means any duty of support imposed or imposable by law or by court order, decree, or judgment. (5) 'IV-D' means Title IV-D of the federal Social Security Act. (6) 'IV-D agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors. {&)?} 'Parent' means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing." SECTION 24. Said article is further amended by striking in its entirety subsections (b) and (d) of Code Section 19-11-9, relating to the location of absent parents by the Department of Human Resources, and inserting in lieu thereof new subsections (b) and (d) to read as follows: "(b) The department is to serve as a registry for the receipt of information which directly relates to the identity or location of absent parents, to assist any governmental agency or department in locating an absent parent, to answer interstate inquiries concerning deserting parents, to coordinate and supervise any activity on a state level in search for an absent parent, and to develop guidelines for coordinating activities of any 896 JOURNAL OF THE HOUSE, governmental department, board, commission, bureau, or agency in providing information necessary for location of absent parents and is to process all requests received from an initiating county or an initiating state which has adopted the Uniform Reciprocal Enforoomcnt ef Support Act Uniform Interstate Family Support Act or a law substantially similar to the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act." "(d)(l) There is established within the department a putative father registry. The putative father registry shall record the name, address, and social security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court or administrative agency of competent jurisdiction. A voluntary acknowledgment of paternity may be rescinded pursuant to the provisions of Code Section 19-7-46.1. (2) Information supplied te the registry may be revoked by ft written statement which IS S1HGQ 6LHQ QCKHOWl6Ct6u Oy tnC FCf191Ffillt DCIOFC d WOlflry pUDHC. i 116 9tQtCIQC111/ must include ft declaration that, te the heat ef his knowledge and belief, the registrant 19 HOT tttC Iflt/ilCF Or tn6 XlELHk6r Cflllu OF tilfit ft COUFt flflS &ujUu1CfttCQ pfltCHl1ty QUO. Revocation shall enly be effective after the birth of the child- The department is authorized to prescribe the notices, forms, and educational materials to be used for entities that may offer voluntary paternity establishment services." SECTION 25. Said article is further amended by striking in its entirety Code Section 19-11-9.1, relating to the duty to furnish information about an obligor to the Department of Human Resources, and inserting in lieu thereof a new Code Section 19-11-9.1 to read as follows: "19-11-9.1. (a) Any state or local agency ef private employer ef- this state entity in this state including for profit, nonprofit, and governmental employers, upon the request of the department and its authorized contractors, shall provide the department with information regarding i including the name, address, end social security number2 employment, compensation, and benefits regarding ef a person owing or allegedly owing an obligation of support for a dependent child, fe addition te the preceding information, if- the ease involves a person receiving public assistance, the employer shall atee provide information regarding earnings. The deportment upon receipt ef this information ay make it availsble ealy te the appropriate officials er agency ef this state er any ether state operating ft program pursuant te Title IV-D ef-the federal Social Security Aefc (b) Except as may be prohibited under the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the IV-D agency may require disclosure of information, including the location, employment, title to property, credit status, or professional affiliation to assist the IV-D agency in locating a custodial parent or noncustodial parent. The IV-D agency may require such disclosure from any state or local government agency; state, county, or municipal registry of deeds or titles; registry of vital records and statistics; utility company regulated by the Georgia Public Service Commission; tax assessor's office; housing authority; employer; professional or trade association; labor union; professional or trade licensing board; or credit bureau or agency. Information furnished by a telephone company, however, shall be limited to the address and telephone number of an obligor or obligee. (c) The IV-D agency may request from any employer or other person or entity providing a source of income which the IV-D agency has reason to believe employs an obligor or obligee or otherwise provides the obligor or obligee with regular periodic income information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The IV-D agency shall not inquire of an employer or other person or entity providing a source of income concerning the same obligor or obligee more than once every three months. (d) The department upon receipt of information collected pursuant to this Code section may make such information available only to the appropriate officials or agency of this MONDAY, FEBRUARY 24, 1997 897 state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Information collected b^ the department pursuant to this Code section shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (e) No employer or other person or entity providing a source of income who complies with this Code section shall be liable in any civil action or proceeding brought by the obligor or obligee on account of such compliance. (f) Responses pursuant to this Code section may be made by paper, facsimile, magnetic tape, or other electronic means. (g) The failure of any individual or entity, without reasonable cause, to provide the IV-D agency with the information requested under this Code section within 14 days after such information is requested or a willful false response to a request pursuant to this Code section shall be punishable by_ a penalty to be assessed by_ the IV-D agency or by a court of competent jurisdiction in the amount of $100.00 for each such failure or false response." SECTION 26. Said article is further amended by striking in its entirety Code Section 19-11-9.2, relating to the duty of employers to report the hiring or rehiring of persons to the state support registry, and inserting in lieu thereof the following: "19-11-9.2. (a) Effective July 1, 1993, employers doing business with seven er more employees in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources: (1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who: (1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or (2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified business identifier number. An employer who fails to report as required under this Code section shall be given a written warning. (d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed. (e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. (f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Aid te Families with Dependent Children Temporary Assistance for Needy Families program and the food stamp program. (g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying 898 JOURNAL OF THE HOUSE, for or receiving unemployment compensation benefits and for the collection of delinquent unemployment contributions and overpayment of unemployment benefits. (h) The Department of Administrative Services shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Services shall be authorized to apportion the costs of the registry between the users. (i) This eete seetien shall be repealed its entirety effective May SECTION 27. Said article is further amended by striking in its entirety Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof a new Code Section 19-11-15 to read as follows: "19-11-15. (a) When the department has completed its investigation, has applied the otondord established pursuant te Code Section 10-11-12 te eat absent parent has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section 19-6-15, and believes that the absent parent is able to furnish a certain amount of support, the department may^ as an exception to Code Section 9-12-18, request the absent parent to agree in writing enter into a proposed consent order and income deduction order to provide the support amount along with and accident and sickness insurance coverage consistent with Code Section 19-11-26 prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a voluntary support agreement proposed consent order from the parent, the department er its designated hearing officer may file an action in superior court or may conduct initiate an administrative hearing te dctcrmine finally the ability te support, the ability te provide accident and sickness insurance coverage, and the amount ef support action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The administrative hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing. the ability te provide accident and sickness insurance coverage, it shall deliver the determination The determination of the administrative law judge regarding the ability to provide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall send it be sent by regular mail. The final order shall include an order for income deduction consistent with Code Sections 19-6-30 through 19-6-34, and shall inform the absent parent in plain language: (1) That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her wages or other personalty, or in other collection actions; and (2) That he the absent parent has the right to appeal the determination within 30 days. (d) The final administrative order for support shall have the full force and effect of an order of a superior court of this state and shall be enforceable upon filing with such court under an action for contempt. All other remedies available under the law shall be available for the enforcement of such administrative orders." SECTION 28. Said article is further amended by striking in its entirety Code Section 19-11-18, relating to child support liens, and inserting in lieu thereof a new Code Section 19-11-18 to read as follows: "19-11-18. (a) A ehHd support Jien in fever ef- the department shall attach te aH personal and- real propcrty of tftc rcsponsiDie pftrent rt n ftfts ifliicu to XHB.K& Any ciiiici support poyment MONDAY, FEBRUARY 24, 1997 899 f1nU1il1nB tWs7\ r|J\Umyr TWnIrVitUVJt.iIr1t OQTf7l rUlUmJrTn9 UnfItt-CnTr +UV1>Cn J-iUn rUl gn*lrlrl>Ur*Hr>T+ O/^rf ftVilint Cf-UmUi.-TrL^' Qofl 1fi1rr~il~lI^ I"I g~ *Ui-lt?v dcciaion. The IV-D agency, in accordance with Title IV, Part D of the federal Social Security Act, is authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a judgment or support order of a court or an order from a IV-D agency of competent jurisdiction. These collection procedures shall include, but not be limited to, notification of employers that a wage assignment is in effect and not suspended; notification of obligors; demand letters; use of state and federal income tax refund intercept programs; initiation of contempt proceedings; the use of liens, levies, and seizures as provided in subsections (b) and (c) of this Code section: the use of the services of any person providing collection services to the department: seeking warrants in appropriate situations: attachment or lien against property; civil actions to reach and apply; and any other civil or administrative remedy available for the enforcement of judgments or for the enforcement of support or custody orders. (\U \\f\ TA'1h11r* H Ulr/l^nUnlrltim llArfnliit; lm llUiinTCt fll\l]lrr- iHfi-Oi j\t-lltnLillmH \nJIf 1li1r1.n11 TIVH1-1i*f1V1 1im11 tbliilrl r\*r\* 1--11U--1--1*11.1--1.5 1f1-U,,1.1,,1 fLV1.1rC 11i 1--11U- TiTf 61 tnc superior court Or tiio county itt wnicn tiic property is locacecr and snail state as* amount we ott tnc ~~ ~ ^dcscfiDC property^ ot ef parent) fef child support eweA te hi dependent children ftuct puDiic flS9i9tflncc moneys pciiu to 1119 ciniuPcn oy tiic 1Jcpsrtincut ot Rcaoufcca. (1) A child support obligation which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodi- cally. An amount of restitution established by a court or an administrative agency of competent jurisdiction shall be due and payable as of the date such amount is estab- lished. Such lien shall incorporate any additional child support obligation on the date it becomes due and shall not terminate except as provided in paragraph (5) of this subsection. Upon recordation or registration in accordance with paragraph (3) of this subsection, such lien shall encumber all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations provided in paragraphs (3) and (5) of this subsection. (2) When the IV-D agency determines that child support is unpaid, it shall send writ- ten notice to the obligor by first-class mail, if the address is known to the IV-D agency, no less frequently than once a year. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the IV-D agency within 30 days of the date of the notice. If the obligor files a timely written request for an administrative review, the IV-D agency shall conduct the review within 21 days of said request and shall not conduct further administrative enforcement action under this subsection until the review is completed. If the obligor has failed to keep the IV-D agency informed of his or her address as required by Code Section 19-6-32 and the agency cannot otherwise determine the current address of the obligor from other available information, the agency may proceed under the provisions of paragraph (4) of this subsection. (3) The filing of a notice of a lien or of a waiver or release of a lien shall be received and registered or recorded without payment of a fee. The IV-D agency may file notice of a lien or waiver or release of a lien or may transmit information to, or receive infor- mation from, any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. The perfected lien shall not be subordinate to any recorded lien except a lien that has been perfected before the date on which the child support lien was perfected; provided, however, that the IV-D agency may, upon request of the obligor, subordinate the child support lien 900 JOURNAL OF THE HOUSE, to a subsequently perfected lien, security deed, or mortgage. To assist in the collection of a debt, the IV-D agency may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation. A notice of a lien shall be filed as follows: (A) With respect to real property, the IV-D agency shall file notice of a lien in the county where property is located or in the county where the obligor resides. The social security number of the obligor shall be noted on the notice of lien. The filing shall operate to perfect a lien when duly recorded and indexed in the grantor index or when registered, as the case may be, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded or registered. A special index for liens created under this chapter shall be maintained in each registry of deeds. If the obligor subsequently acquires an interest in real property, the lien shall be perfected upon the recording or registering of the instrument by which such interest is obtained in the registry of deeds in the county where the notice of the lien was filed within six years prior thereto. A child support lien shall be perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the registry of deeds where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded or registered first; and (B) With respect to personal property, the IV-D agency may also file notice of a child support lien with the social security number of the obligor noted thereon with the Secretary of State, Motor Vehicle Division of the Department of Revenue, or office or agency responsible for the filing or recording of liens. (4) If the collection of any unpaid child support will be jeopardized by delay as determined by the commissioner of human resources or his or her designee, the IV-D agency shall proceed forthwith to collect such unpaid child support by perfecting a lien under paragraph (3) of this subsection or by executing levy or seizure of property under paragraph (1) of subsection (c) of this Code section or by any other available remedy without respect to the 30 day notice period provided in paragraph (2) of this subsection. (5) A lien under this chapter shall expire upon payment in full of the unpaid child support covered b^ the lien, upon release of the lien by the IV-D agency, or six years from the date on which such lien was first perfected, whichever is earlier. Expiration of the lien shall not terminate the underlying order or judgment of child support. Liens may be extended for additional periods of six years each by recording or registering, within one year before the expiration of the unexpired lien, a further notice of the lien, as provided in paragraph (3) of this subsection, without affecting the priority of such lien. The IV-D agency may issue a full or partial waiver or release of any lien imposed under this Code section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. The IV-D agency shall issue a release of any lien imposed under this Code section within 30 days of payment in full of the unpaid child support covered by the lien. (c)(l) If any obligor against whom a lien has arisen and has been perfected under paragraph (3) of subsection (b) of this Code section neglects or refuses to pay the sum due after the expiration of the 30 day notice period specified in paragraph (2) of subsection (b) of this Code section, the IV-D agency may collect such unpaid child support and levy upon all property as provided in this subsection. For the purposes of this subsection, the word 'levy' shall include the power of distraint and seizure by any means. A person in possession of property upon which a lien has priority under paragraph (3) of subsection (b) of this Code section which has been perfected shall, upon demand, surrender the property to the IV-D agency as provided in this subsection. A levy on property held by an organization with respect to a life insurance or endowment contract shall, without necessity for surrender of the contract document, constitute a demand by the IV-D agency for payment of the amount of the lien and the exercise of the right of the obligor to the advance of such amount. Such organization shall pay the amount 90 days after service of notice to levy. The levy shall be deemed to be satisfied if the organization pays to the IV-D agency the full amount which the MONDAY, FEBRUARY 24, 1997 901 obligor could have had advanced to him or her, provided that the amount does not exceed the amount of the lien. (2) Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the IV-D agency for which levy is made, the IV-D agency may thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor liable to levy upon first perfecting its lien as provided in paragraph (3) of subsection (b) of this Code section, until the amount due, together with expenses, is fully paid. With respect to a seizure or levy of real property or tangible personal property, the IV-D agency shall proceed in the manner prescribed by Chapter 13 of Title 9 to the extent that such statutes are not inconsistent with the provisions of this subsection. The IV-D agency shall have any rights to property remaining after satisfying superior perfected liens, as provided in paragraph (3) of subsection (b) of this Code section. (3) Upon demand by the IV-D agency, a person who fails or refuses to surrender property subject to levy pursuant to this subsection shall be liable in his or her own person and estate to the state in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest at the rate due on a judgment from the date of the levy. The interest or costs incurred under this paragraph shall be paid to the state and shall not be credited against the child support liability. (4) Any person in possession of, or obligated with respect to, property who upon demand by the IV-D agency surrenders the property or discharges the obligation to the IV-D agency or who pays a liability to the obligor under this subsection, shall be discharged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this subsection, the organization shall be discharged from any obligation or liability to any beneficiary arising from the surrender or payment. (5) In any case where there has been a refusal or neglect to pay child support or to discharge any liability in respect thereto, whether or not a levy has been made, the IV-D agency, in addition to other forms of relief, may file a civil action in the superior court which originally entered the order for child support to enforce the lien under this subsection. The filing of a civil action shall not preclude the IV-D agency from enforcing the child support order through the use of any administrative means permitted by federal or state law. (d) The IV-D agency shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, the time period within which to respond to such notice, and include the name of the court or administrative agency of competent jurisdiction which entered the child support order. (e) Any person aggrieved by a determination of the IV-D agency pursuant to paragraph (2) or (4) of subsection (b) of this Code section may, upon exhaustion of the procedures for administrative review provided in subsection (b) of this Code section, seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support under this Code section. The court may review the proceedings taken by the agency under the provisions of this Code section and may correct any mistakes of fact, but the court shall not reduce or retroactively modify child support arrears." SECTION 29. Said article is further amended by striking in its entirety Code Section 19-11-30, relating to the confidentiality of information and records, and inserting in lieu thereof a new Code Section 19-11-30 to read as follows: "19-11-30. (a) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the 902 JOURNAL OF THE HOUSE, information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (b) The department shall establish safeguards against the unauthorized use or disclosure of information relating to: (1) Proceedings or actions to establish paternity; (2) Proceedings to establish or enforce support; (3) The whereabouts of one party to another party against whom a protective order with respect to the former party has been entered; and (4) The whereabouts of one party to another party if the department has reason to believe that the release of the information may result in physical or emotional harm to the former party." SECTION 30. Said article is further amended by adding immediately following Code Section 19-11-30 the following new Code sections, to be designated Code Sections 19-11-30.1 through 19-11-30.11, to read as follows: "19-11-30.1. The Department of Administrative Services shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. Such registry shall be known as the Department of Administrative Services Bank Match Registry. The IV-D agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The Department of Administrative Services is authorized to enter into an agreement with the department establishing the procedures and the costs to be paid by the department to the Department of Administrative Services for performing the data searches and for providing the data to the department's IV-D agency. 19-11-30.2. (a) As used in Code Section 19-11-30.1, this Code section, and Code Sections 19-11-30.3 through 19-11-30.11, the term: (1) 'Account' means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account. (2) 'For cause' means that the department has reason to believe that an individual has opened an account at a financial institution listed in paragraph (3) of this subsection. (3) 'Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund. (4) 'Money market mutual fund' means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 CFR 270.2A-7. (b) The Department of Administrative Services shall request from each financial institution, not more frequently than on a quarterly basis, the name, record address, social security number, and other identifying data for each person listed in such request who maintains an account at such financial institution. The data provided shall be sent to the Department of Administrative Services Bank Match Registry. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. The Department of Administrative Services shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters. MONDAY, FEBRUARY 24, 1997 903 (c) The Department of Administrative Services may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause. (d) All requests made by the Department of Administrative Services pursuant to subsection (b) or (c) of this Code section shall be in machine readable form unless a financial institution expressly requests the department to submit the request in writing. The financial institution shall furnish all such information in machine readable form, which meets criteria established by the Department of Administrative Services, within 30 days of such request. Each financial institution shall furnish all such information on those persons whose accounts bear a residential address within the state at the time such request is processed by the financial institution. (e) In no event shall a request for identifying information be made to a financial institution on anyone other than an obligor whom the Department of Human Resources believes owes child support and who is not under a child support order, or an obligor who is delinquent in an amount equal to or in excess of his or her support payment for one month. 19-11-30.3. The Department of Administrative Services Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the Department of Human Resources for child support enforcement purposes, and report the matched accounts to the Department of Human Resources in machine readable form. Upon the receipt of such information, the Department of Human Resources, and where appropriate local contractors, shall seek to verify the accuracy of the information presented. 19-11-30.4. No employee or agent of the state shall divulge any information collected pursuant to Code Sections 19-11-30.1 through 19-11-30.11 to any public or private agency or individual except in the manner prescribed in this Code section. Information may be disclosed and shared by and between any employee of an administering agency and any subgrantee, local administering agency, or contractor performing child support enforcement functions under the provisions of Title IV-D of the federal Social Security Act. Unauthorized disclosure shall be punished pursuant to Code Section 19-11-30. 19-11-30.5. Any financial institution required to submit a report pursuant to Code Section 19-11-30.2 which fails without reasonable cause as determined by the Department of Administrative Services to comply with such reporting requirements and which, after notification by certified mail by the Department of Administrative Services, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notification to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notification shall be liable for a penalty of $1,000.00. 19-11-30.6. The commissioner of administrative services, in cooperation with the IV-D agency, shall establish a program of wage and bank information sharing with other states. The commissioner is authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the IV-D agency. Such reciprocal agreements shall only be made with states which administer programs that the commissioner of administrative services, in consultation with the IV-D agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section 19-11-30.4 shall also apply to any such information received from any other state under a reciprocal agreement. 19-11-30.7. Code Sections 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioners of administrative services and human resources of such 904 JOURNAL OF THE HOUSE, wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act. 19-11-30.8. The commissioner of administrative services shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year. 19-11-30.9. As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of administrative services under Code Section 19-11-30.2 shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the the Department of Administrative Services; provided, however, that a financial institution may disclose to its depositors or account holders that under the bank match system the Department of Administrative Services has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the provisions of this Code section, such institution shall pay to the Department of Administrative Services the lesser of $1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the Department of Administrative Services pursuant to Code Section 19-11-30.2 or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the Department of Administrative Services or in a report furnished by the financial institution to the Department of Administrative Services. 19-11-30.10. The IV-D agency shall have the authority to levy and seize a deposit or account in accordance with Code Section 19-11-32. 19-11-30.11. A financial institution may charge an account levied on by the commissioner of human resources a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the Department of Human Resources. The commissioner of administrative services requesting bank or account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237." SECTION 31. Said article is further amended by adding at the end thereof the following new Code sections, to be designated Code Sections 19-11-32 through 19-11-39, to read as follows: "19-11-32. (a) Notwithstanding other statutory provisions which provide for the execution, attachment, or levy against accounts, the IV-D agency, including its authorized contractors, may utilize the process established in this Code section and Code Sections 19-11-33 through 19-11-39 to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to other statutory provisions shall also apply. (b) An obligor is subject to the provisions of this Code section and Code Sections 19-11-33 through 19-11-39 if the obligor's support obligation is being enforced by the IV-D agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the IV-D agency, are delinquent in an amount equal to the support payment for one month. (c) Any amount forwarded by a financial institution under this Code section and Code Sections 19-11-33 through 19-11-39 shall not exceed the delinquent or accrued amount of support owed by the obligor. Financial institutions subject to administrative levy are defined in paragraph (3) of subsection (a) of Code Section 19-11-30.2. MONDAY, FEBRUARY 24, 1997 905 19-11-33. (a) The IV-D agency may proceed under Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-38 only if notice has been provided to the obligor in one of the following manners: (1) The obligor is provided notice of the provisions of this Code section in the court order establishing the support obligation. The IV-D agency or court or administrative law judge may include language in any new or modified support order issued on or after July 1, 1997, notifying the obligor that the obligor is subject to the provisions of Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-39; or (2) The IV-D agency may send a notice by regular mail to the last known address of the obligor. 19-11-34. (a) The IV-D agency may contact a financial institution to obtain verification of the account number, the names and social security numbers listed for the account, and the account balance of any account held by an obligor. A financial institution may require positive voice recognition and the telephone number of the authorized person from the IV-D agency before releasing an obligor's account information by telephone. (b) The financial institution is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for any information released by the financial institution to the IV-D agency pursuant to this Code section. (c) Neither the financial institution nor the IV-D agency is liable for the cost of any early withdrawal penalty of an obligor's certificate of deposit. 19-11-35. (a) If an obligor is subject to the provisions of Code Section 19-11-32, the IV-D agency may initiate an administrative action to levy against the account or accounts of the obligor. If notice has previously been provided pursuant to Code Section 19-11-33, further notice is not required prior to such action. (b) The IV-D agency may send a notice to the financial institution with which the account is placed directing that the financial institution forward all or a portion of the moneys in the obligor's account or accounts to the IV-D agency or its collection services center. The notice shall be sent by certified mail. (c) The notice to the financial institution shall contain all of the following information: (1) The name and social security number of the obligor; (2) A statement that the obligor is believed to have one or more accounts at the financial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 19-11-34, this Code section, and Code Sections 19-11-36 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center; (4) The maximum amount that shall be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed the obligor; (5) The prescribed time frame which the financial institution must meet in forwarding amounts; (6) The address of the IV-D agency which will process the moneys forwarded; and (7) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-36. The IV-D agency shall notify an obligor subject to an administrative levy, as well as any other party known to have an interest in the account, of the action taken. The notice shall contain all of the following information: (1) The name and social security number of the obligor; (2) A statement that the obligor is believed to have one or more accounts at a specified financial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 19-11-35, this Code section, and Code Sections 19-11-37 through 19-11-39, the obligor's 906 JOURNAL OF THE HOUSE, accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center; (4) The maximum amount to be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed by the obligor; (5) The prescribed time frame within which the financial institution must comply; (6) A statement that any challenge to the action shall be in writing and must be received by the IV-D agency within ten days of the date of the notice to the obligor; (7) The address of the IV-D agency which will process the moneys forwarded; and (8) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-37. (a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest. Actions initiated by the IV-D agency pursuant to Code Sections 19-11-32 through 19-11-36, this Code section, and Code Sections 19-11-38 and 19-11-39 are not subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the only hearing following notice to the financial institution directing the levy shall be in superior court pursuant to this Code section. (b) If a person decides to challenge the action taken by the IV-D agency, he or she must submit a written challenge within ten working days of the date of the notice, and the challenge must be directed to the person identified in the notice as the contact with the IV-D agency. (c) The IV-D agency shall, upon receipt of a written challenge, review the facts of the case with the challenging party. Only a mistake of fact, including but not limited to a mistake in the identity of the obligor or ownership of funds or a mistake in the amount of delinquent support due, shall be considered as a reason to dismiss or modify the proceeding. A rebuttable presumption shall exist in a joint account that the funds belong to the obligor, which presumption may only be rebutted by clear and convincing evidence. (d) If the IV-D agency determines that a mistake of fact has occurred, the agency shall proceed as follows: (1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the IV-D agency shall notify the financial institution that the administrative levy has been released. The IV-D agency shall provide a copy of the notice to the support obligor by regular mail; or (2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the IV-D agency shall notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the IV-D agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38. (e) If the IV-D agency finds no mistake of fact, the IV-D agency shall so notify the challenging party by regular mail. Upon a subsequent written request of the challenging party, the IV-D agency shall request a hearing before the superior court in the county in which the underlying support order is filed. (f) Once such a hearing has been requested, the IV-D agency shall proceed as follows: (1) Require the financial institution to encumber moneys; and (2) Request that the clerk of the superior court schedule a hearing for a time not later than ten calendar days after the filing of the request for hearing. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the IV-D agency and to all account holders of interest. (g) Once such a hearing has concluded, the IV-D agency shall proceed as follows: (1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the IV-D agency shall notify the financial institution that the administrative levy has been released; (2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the IV-D agency shall notify the MONDAY, FEBRUARY 24, 1997 907 financial institution to release the excess moneys to the obligor and remit the remaining moneys in the amount of the debt to the IV-D agency for disbursement to the appropriate recipient; or (3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the IV-D agency for disbursement to the appropriate recipient. (h) If the obligor or any other party known to have an interest in the account fails to appear at the hearing, the court may find the challenging party in default, shall ratify the administrative levy, if valid upon its face, and shall enter an order directing the financial institution to release the moneys to the IV-D agency. (i) Issues related to visitation, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this Code section. (j) Support orders shall not be modified pursuant to this Code section, and any findings in the challenge of an administrative levy related to the amount of the accruing or accrued support obligation do not modify the underlying support order, (k) An order entered under this Code section for a levy against an account of a support obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced. (1) The support obligor may withdraw the request for challenge by submitting a written withdrawal to the person identified as the contact for the IV-D agency in the notice, or the IV-D agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by regular mail. (m) If the financial institution has forwarded moneys to the IV-D agency and has deducted a fee from the moneys of the account, or if any additional fees or costs are levied against the account, and all funds are subsequently refunded to the account due to a mistake of fact or ruling of the court, the IV-D agency shall reimburse the account for any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount of support payments, however, the IV-D agency is not required to reimburse the account for any fees or costs levied against the account. Additionally, for the purposes of reimbursement to the account for any fees or costs, each certificate of deposit is considered a separate account. 19-11-38. (a) Upon receipt of a notice under Code Section 19-11-35, the financial institution shall do all of the following: (1) Immediately encumber funds in all accounts in which the obligor has an interest to the extent of the debt indicated in the notice; and (2) Forward the moneys encumbered to the IV-D agency no sooner than 15 days and no later than 20 days from the date the financial institution receives the notice pursuant to Code Section 19-11-35. Such money shall not be forwarded, however, if the IV-D agency notifies the financial institution of a challenge by an obligor or an account holder of interest. All encumbered moneys that are forwarded must be accompanied by the obligor's name and social security number, child support enforcement account number, and any other information required in the notice. (b) The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding of moneys to the IV-D agency. This fee is in addition to the amount of support due. In the event that there are insufficient moneys to cover the fee and the support due, the institution may deduct the fee amount prior to forwarding moneys to the IV-D agency or its collection services center, and the amount credited to the support obligation shall be reduced by the fee amount. 19-11-39. (a) The department shall create by contract, cooperative agreement, or otherwise a computerized central case registry for all support orders entered by any court or administrative tribunal of this state. All IV-D agency orders as well as those not within the IV-D agency shall be registered in this data base. The department may enter into a cooperative agreement with the Administrative Office of the Courts so as to obtain information needed to create and maintain the state registry of orders as required by federal law. 908 JOURNAL OF THE HOUSE, (b) The registry of orders shall include the following information for each case: the full names of each party and minor child, the date of birth and social security number for each such person, the last known address for each person at the time the order was entered, the name of the county in which the order was entered, any and all case identification numbers, including civil action filing numbers and IV-D agency assigned case numbers, and any such information as may be later required under federal law. (c) In any case handled by the IV-D agency, the registry shall include payment records as well as the amount of child support liens. The payment record shall include: (1) the amount of monthly or other periodic support owed under the order and other amounts including arrearages, interest or late payment penalties, and fees due or overdue under the order; (2) any amount described in item (1) of this subsection that has been collected; (3) the distribution of such collected accounts; (4) the birth date of any child for whom the order requires the provision of support; and (5) the amount of any lien imposed with respect to a child support order. (d) The state agency operating the state case registry shall promptly establish and update, maintain, and regularly monitor case records in the state case registry with respect to which services are being provided by the IV-D agency. Services to be monitored include: information on administrative actions and administrative and judicial proceedings and orders related to paternity and support; information obtained from comparison with federal, state, or local sources of information; information on support collections and distributions; and any other relevant information. (e) The information contained in the state case registry shall be available to state and federal agencies as authorized by law for the enforcement of support orders. The information shall be available for data comparisons with case registries of other states." SECTION 32. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," is amended by inserting after Code Section 19-11-40 the following new Code section, to be designated Code Section 19-11-40.5, to read as follows: "19-11-40.5. No new petition may be filed, nor may any type of proceeding be initiated, under this article on or after January 1, 1998. It is the intent of the General Assembly that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by the provisions of Article 3 of this chapter, the 'Uniform Interstate Family Support Act.' The provisions of this article shall apply only to proceedings pending prior to January 1, 1998." SECTION 33. Said chapter is further amended by adding at the end thereof the following new article, to be designated Article 3, to read as follows: "ARTICLE 3 Part 1 19-11-100. This article shall be known and may be cited as the 'Uniform Interstate Family Support Act.' 19-11-101. As used in this article, the term: (1) 'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) 'Child support order' means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. (3) 'Duty of support' means an obligation imposed or which may be imposed by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. MONDAY, FEBRUARY 24, 1997 909 (4) 'Home state' means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (5) 'Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of Georgia. (6) 'Income-withholding order' means an order or other legal process directed to an obligor's employer or other debtor, pursuant to Code Sections 19-6-31 through 19-6-33, to withhold support from the income of the obligor. (7) 'Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this article or a law substantially similar to this article or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (8) 'Initiating tribunal' means the authorized tribunal in an initiating state. (9) 'Issuing state' means the state in which a tribunal issues a support order or ren- ders a judgment determining parentage. (10) 'Issuing tribunal' means the tribunal that issues a support order or renders a judgment determining parentage. (11) 'Law' includes decisional and statutory law and rules and regulations having the force of law. (12) 'Obligee' means: (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; (B) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (C) An individual seeking a judgment determining parentage of the individual's child. (13) 'Obligor' means an individual or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) Who is alleged but has not been adjudicated to be a parent of a child; or (C) Who is liable under a support order. (14) 'Register' means to record or file a support order or judgment determining parentage in the appropriate court for the recording or filing of foreign judgments gener- ally or foreign support orders specifically. (15) 'Registering tribunal' means a tribunal in which a support order is registered. (16) 'Responding state* means a state in which a proceeding is filed or to which a pro- ceeding is forwarded for filing from an initiating state under this article or a law or procedure substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (17) 'Responding tribunal' means the authorized tribunal in a responding state. (18) 'Spousal support order' means a support order for a spouse or former spouse of the obligor. (19) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes: (A) An Indian tribe; and (B) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (20) 'Support enforcement agency' means a public official or agency authorized to seek: 910 JOURNAL OF THE HOUSE, (A) Enforcement of support orders or laws relating to the duty of support; (B) Establishment or modification of child support; (C) Determination of parentage; or (D) The location of obligors or their assets. (21) 'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement and may include related costs and fees, interest, income withholding, attorney's fees, and other relief. (22) 'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. 19-11-102. The superior courts, the Office of State Administrative Hearings, and the Department of Human Resources are the tribunals of Georgia for purposes of this article. 19-11-103. Remedies provided by this article are cumulative and do not affect the availability of remedies under other law. Part 2 19-11-110. In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (1) The individual is personally served with process within Georgia; (2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in Georgia; (4) The individual resided in Georgia and provided prenatal expenses or support for the child; (5) The child resides in Georgia as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage in the putative father registry maintained in this state by the Department of Human Resources; or (8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction. 19-11-111. A tribunal of Georgia exercising personal jurisdiction over a nonresident under Code Section 19-11-110 may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. In all other respects, Parts 3 through 7 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia, including the rules on choice of law other than those established by this article. 19-11-112. Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. 19-11-113. (a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state only if: (1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; MONDAY, FEBRUARY 24, 1997 911 (2) The contesting party timely challenges the exercise of jurisdiction in the other state; and (3) If relevant, Georgia is the home state of the child. (b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: (1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia; (2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and (3) If relevant, the other state is the home state of the child. 19-11-114. (a) A tribunal in Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a child support order: (1) As long as Georgia remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Until all of the parties who are individuals have filed written consents with the tribunal in Georgia for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. (b) A tribunal in Georgia issuing a child support order consistent with the law of Georgia may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this article or a law substantially similar to this article. (c) If a child support order of Georgia is modified by a tribunal of another state pursuant to this article or a law substantially similar to this article, a tribunal in Georgia loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in Georgia and may only: (1) Enforce the order that was modified as to amounts accruing before the modification; (2) Enforce nonmodifiable aspects of that order; and (3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d) A tribunal of Georgia shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this article or a law substantially similar to this article. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f) A tribunal of Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of Georgia may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. 19-11-115. (a) A tribunal in Georgia may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state. (b) A tribunal in Georgia having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. (c) A tribunal in Georgia which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. 19-11-116. 912 JOURNAL OF THE HOUSE, (a) If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this article and two or more child support orders have been issued by tribunals of Georgia or another state with regard to the same obligor and child, a tribunal of Georgia shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls and must be so recognized; (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this article, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized; or (3) If none of the tribunals would have continuing, exclusive jurisdiction under this article, the tribunal of Georgia having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized. (c) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in Georgia, a party may request a tribunal in Georgia to determine which order controls and must be so recognized under subsection (b) of this Code section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (d) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this Code section is the tribunal that has continuing, exclusive jurisdiction under Code Section 19-11-114. (e) A tribunal of Georgia which determines by order the identity of the controlling order under paragraph (1) or (2) of subsection (b) of this Code section or which issues a new controlling order under paragraph (3) of subsection (b) of this Code section shall state in that order the basis upon which the tribunal made its determination. (f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. 19-11-117. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of Georgia shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Georgia. 19-11-118. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of Georgia. Part3 19-11-120. (a) Except as otherwise provided in this article, this part applies to all proceedings under this article. (b) This article provides for the following proceedings: (1) Establishment of an order for spousal support or child support pursuant to Part 4 of this article; (2) Enforcement of a support order and income-withholding order of another state without registration pursuant to Part 5 of this article; MONDAY, FEBRUARY 24, 1997 913 (3) Registration of an order for spousal support or child support of another state for enforcement pursuant to Part 6 of this article; (4) Modification of an order for child support or spousal support issued by a tribunal of Georgia pursuant to Code Sections 19-11-112 through 19-11-115; (5) Registration of an order for child support of another state for modification pursuant to Part 6 of this article; (6) Determination of parentage pursuant to Part 7 of this article; and (7) Assertion of jurisdiction over nonresidents pursuant to Code Sections 19-11-110 and 19-11-111. (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. 19-11-121. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. 19-11-122. Except as otherwise provided by this article, a responding tribunal of Georgia: (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceedings; and (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of Georgia. 19-11-123. (a) Upon the filing of a petition authorized by this article, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If a responding state has not enacted this article or a law or procedure substantially similar to this article, a tribunal of Georgia may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. 19-11-124. (a) When a responding tribunal of Georgia receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of Code Section 19-11-120, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of Georgia, to the extent otherwise authorized by law, may do one or more of the following: (1) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage; (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; 914 JOURNAL OF THE HOUSE, (9) Issue an order for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the arrest order in any local and state computer systems; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and (12) Grant any other available remedy. (c) A responding tribunal of Georgia shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of Georgia may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation. (e) If a responding tribunal of Georgia issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. 19-11-125. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent. 19-11-126. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article. (b) A support enforcement agency that is providing services to the petitioner as appropriate shall: (1) Take all steps necessary to enable an appropriate tribunal in Georgia or another state to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner or other appropriate agency; (5) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) This article does not create a relationship of attorney-client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. 19-11-127. (a) The district attorney of each judicial circuit shall be authorized to represent the Department of Human Resources in any proceeding under this article; absent representation by the district attorney, actions under this article on behalf of the department shall be brought by attorneys appointed by the Attorney General. In all actions brought by the Department of Human Resources, the department shall be regarded as the sole client of such attorney, and no attorney-client relationship shall be created between such attorney and any individual seeking or receiving services under this article through the Department of Human Resources. (b) Where a support order is established pursuant to Code Section 19-11-140 incident to representation of the department by the district attorney, there shall be paid to the county in which the petition is handled the sum of $50.00 for each such support order established, whether this state is the initiating or responding jurisdiction. (c) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those services directly to the individual. MONDAY, FEBRUARY 24, 1997 915 19-11-128. An individual may employ private counsel to represent the individual in proceedings authorized by this article. 19-11-129. (a) The Department of Human Resources is the state information agency under this article. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of tribunals and support enforcement agencies received from other states; (3) Forward to the appropriate tribunal in the place in Georgia in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from an initiating tribunal or the state information agency of the initiating state; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. 19-11-130. (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this article must verify the petition. Unless otherwise ordered under Code Section 19-11-131, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. 19-11-131. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this article. 19-11-132. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Part 6 of this article, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. 916 JOURNAL OF THE HOUSE, 19-11-133. (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article. (c) The immunity granted by this Code section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while present in Georgia to participate in the proceeding. 19-11-134. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article. 19-11-135. (a) The physical presence of the petitioner in a responding tribunal of Georgia is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. (b) A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e) Documentary evidence transmitted from another state to a tribunal of Georgia by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this article, a tribunal of Georgia may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article. 19-11-136. A tribunal in Georgia may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal in Georgia may furnish similar information by similar means to a tribunal of another state. 19-11-137. A tribunal of this state may: (1) Request a tribunal of another state to assist in obtaining discovery; and (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. MONDAY, FEBRUARY 24, 1997 917 19-11-138. A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. Part 4 19-11-140. (a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state may issue a support order if: (1) The individual seeking the order resides in another state; or (2) The support enforcement agency seeking the order is located in another state. (b) The tribunal may issue a temporary child support order if: (1) The respondent has signed a verified statement acknowledging parentage; (2) The respondent has been determined by or pursuant to law to be the parent; or (3) There is other clear and convincing evidence that the respondent is the child's parent. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124. Part5 19-11-150. An income-withholding order issued in another state may be sent to the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. 19-11-151. (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of Georgia. (c) Except as otherwise provided by subsection (d) of this Code section and Code Section 19-11-152, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) The duration and the amount of periodic payments of current child support, stated as a sum certain; (2) The person or agency designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and (3) The time periods within which the employer must implement the withholding order and forward the child support payment. 19-11-152. If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of 918 JOURNAL OF THE HOUSE, employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees. 19-11-153. An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income. 19-11-154. An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal in Georgia. 19-11-155. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in Georgia in the same manner as if the order had been issued by a tribunal of Georgia. Code Section 19-11-163 applies to the contest. (b) The obligor shall give notice of the contest to: (1) Any support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order; and (3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee. 19-11-156. (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of Georgia. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of Georgia to enforce a support order or an incomewithholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article. Part 6 19-11-160. A support order or an income-withholding order issued by a tribunal of another state may be registered in Georgia for enforcement. 19-11-161. (a) A support order or income-withholding order of another state may be registered in Georgia by sending the following documents and information to the appropriate tribunal in Georgia: (1) A letter of transmittal to the tribunal requesting registration and enforcement; (2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order; (3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) The name of the obligor and, if known: (A) The obligor's address and social security number; (B) The name and address of the obligor's employer and any other source of income of the obligor; and (C) A description and the location of property of the obligor in Georgia not exempt from execution; and (5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. MONDAY, FEBRUARY 24, 1997 919 (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. (c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion, or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order. 19-11-162. (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of Georgia. (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia. (c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. 19-11-163. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. (b) In a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, applies. 19-11-164. (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) The notice must inform the nonregistering party: (1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of Georgia; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) Of the amount of any alleged arrearages. (c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33. 19-11-165. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in Georgia shall request a hearing within 20 days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Code Section 19-11-166. (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. 19-11-166. 920 JOURNAL OF THE HOUSE, (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of Georgia to the remedy sought; (6) Full or partial payment has been made; or (7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the arrearages. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered order which is not in dispute may be enforced by all remedies available under the laws of Georgia, (c) If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. 19-11-167. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. 19-11-168. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Georgia in the same manner provided in Code Sections 19-11-160 through 19-11-163 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. 19-11-169. A tribunal of Georgia may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of Georgia, but the registered order may be modified only if the requirements of Code Section 19-11-170 have been met. 19-11-170. (a) After a child support order issued in another state has been registered in Georgia, the responding tribunal of Georgia may modify that order only if Code Section 19-11-172 does not apply and, after notice and hearing, it finds that: (1) The following requirements are met: (A) The child, the individual obligee, and the obligor do not reside in the issuing state; (B) A petitioner who is a nonresident of Georgia seeks modification; and (C) The respondent is subject to the personal jurisdiction of the tribunal of Georgia; or (2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of Georgia and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this article, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order. (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner. MONDAY, FEBRUARY 24, 1997 921 (c) A tribunal in Georgia may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under the provisions of Code Section 19-11-116 establishes the aspects of the support order which are nonmodifiable. (d) On issuance of an order modifying a child support order issued in another state, a tribunal of Georgia becomes the tribunal having continuing, exclusive jurisdiction. 19-11-171. A tribunal in Georgia shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to this article or a law substantially similar to this article and, upon request, except as otherwise provided in this article, shall: (1) Enforce the order that was modified only as to amounts accruing before the modification; (2) Enforce only nonmodifiable aspects of that order; (3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and (4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement. 19-11-172. (a) If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply. 19-11-173. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. Part 7 19-11-180. (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this article or a law substantially similar to this article, or the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child. (b) In a proceeding to determine parentage, a responding tribunal in Georgia shall apply the procedural and substantive law of this state and the rules of this state on choice of law. Part 8 19-11-185. (a) For purposes of this part, the term 'governor' includes an individual performing the functions of governor or the executive authority of a state covered by this article. (b) The Governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or 922 JOURNAL OF THE HOUSE, (2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. 19-11-186. (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail. (b) If, under this article or a law substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order. Part 9 19-11-190. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting it. 19-11-191. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable." SECTION 34. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, is amended by adding immediately following Codes Section 27-2-25.1 a new Code section, to be designated Code Section 27-2-25.2, to read as follows: "27-2-25.2. The commissioner shall have the power to suspend any license required by this title when such license holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. The commissioner shall also have the power to deny the application for issuance or renewal of a license required by this title when such applicant is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. Notwithstanding the provisions of Code Section 27-2-25, the hearings and appeal procedures provided for in Code Section 19-6-28.1 shall be the only such procedures required to suspend or deny any license pursuant to this Code section." SECTION 35. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-9.1, relating to social security MONDAY, FEBRUARY 24, 1997 923 account information of parents, and inserting in lieu thereof a new Code Section 31-10-9.1 to read as follows: "31-10-9.1. (a) Social security account information of the mother and father, if paternity is acknowledged by the father, of a child born within this state shall be entered in the medical and health statistics section of the certificate of live birth at the time of filing the certificate of birth as provided in Code Section 31-10-9. (b) The state registrar shall make available the records of parent name and social security number to the Office ef Child Support Recovery Child Support Enforcement Agency of the Department of Human Resources for its use in the establishment of paternity or the enforcement of child support orders. (c) Information obtained by the Office ef Child Support Recovery Child Support Enforcement Agency of the Department of Human Resources pursuant to this Code section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation." SECTION 36. Section 26 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. Section 32 of this Act shall become effective on January 1, 1998. Sections 16 and 33 of this Act shall become effective on January 1, 1998, and shall apply to all proceedings initiated on or after that date. All other provisions of this Act shall become effective on July 1, 1997. SECTION 37. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Baker of the 70th, Orrock of the 56th, Walker of the 141st and Bordeaux of the 151st move to amend the Floor substitute to HB 284 by adding immediately before the period on line 27 of page 28 the following: "along with any interest that may have accrued". By adding between lines 27 and 28 of page 44 the following: "(f) If the geographic region of an obligor is known by the Department of Human Resources, and that department shall make an effort to determine the geographic region of an obligor, the department shall initially limit its request to the financial institution or institutions within that geographic region prior to making additional requests to other financial institutions in other geographic regions of the state." The following amendment was read and adopted: Representative Walker of the 141st moves to amend the Baker amendment to the Floor substitute to HB 284 as follows: By adding at the end of line 14 the following: "The Department of Human Resources shall enter into agreements with financial institutions doing business in this state to develop and operate a data match system to the maximum extent feasible for the providing of the needed information to the department by the financial institution. At a minimum, the department shall identify the obligor by name and social security number or other taxpayer identification number. The department may pay a reasonable fee to the financial institution for conducting the searches required herein not to exceed the actual costs incurred by the financial institutions." 924 JOURNAL OF THE HOUSE, The Baker amendment, as amended, was adopted. The following amendment was read and adopted: Representative Walker of the 141st, et al. move to amend the Floor substitute to HB 284 as follows: By adding a new Section 37 as follows: "Notwithstanding any other provision of this Act to the contrary, as to any child support being held by a Child Support Recovery Unit, same shall be paid to the custodial parent within 30 days from receipt of same by the Recovery Unit." and, By renumbering Section 37 as Section 38. The Floor substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended. 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 E Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner N Bonn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark NCoan Y Coleman, B Coleman, T Y Connell Y Cooper Crawford YCrewB Y Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid N Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V YSmyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. MONDAY, FEBRUARY 24, 1997 925 Representatives Lucas of the 124th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Dear Mr. Rivers, Please place in the record my opposition to HB 284 for the following reason: It is unconstitutional to deny a person accused of a crime the right to a jury trial as guaranteed by our Georgia and U.S. Constitution. Respectfully submitted at 3:55 p.m. in the year of our Lord 1997, February 24. M Mike Coan H.D. 82 To The Clerk of the House Rule 137 With respect to H.B. 284; I am submitting this record for the journal. In my opinion this bill would have violated a persons constitutional right to trial by jury. In addition, it allowed for the seizure of an innocent parties assets. I.E. any partner could be held liable for another partners failure to pay his/her child support. Although the funds could be returned, the party would basically be guilty until proven innocent. Thank You /s/ Austin Scott H.D. 165 Mr. Rivers, Please let the record show that I voted No on HB 284 because it violated Georgia's constitutional provision of right to trial by jury. (Article 1, Section 1, paragraph 11) 1st Bobby Franklin Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 314 Do Pass HR 342 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman The following Resolutions of the House were read and referred to the Committee on Rules: HR 363. By Representative Whitaker of the 7th: A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers and inviting them to appear before the House of Representatives. 926 JOURNAL OF THE HOUSE, HR 365. By Representatives Birdsong of the 123rd, Jenkins of the 110th, Benefield of the 96th and Reaves of the 178th: A resolution commending Mr. Charles Lewis and inviting him 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 314. By Representative Rogers of the 20th: A resolution commending the athletic, drama, and forensic programs at Gainesville High School and inviting the students and directors to appear before the House of Representatives. HR 342. 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 Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 689 Do Pass, by Substitute Respectfully submitted, /a/ Martin of the 47th 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 414 Do Pass, by Substitute HB 489 Do Pass, by Substitute HB 583 Do Pass SB 94 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 25, 1997 927 Representative Hall, Atlanta, Georgia Tuesday, February 25, 1997 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 G. Kenneth Ross, Second Avenue Baptist Church, Rome, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 753. By Representatives Williams of the 114th, Graves of the 125th and Randall of the 127th: A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less. Referred to the Committee on Insurance. HB 754. By Representative Bannister of the 77th: A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to provide that the provisions of such article shall apply to each county in this state. Referred to the Committee on Natural Resources & Environment. 928 JOURNAL OF THE HOUSE, HB 755. By Representative Parrish of the 144th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the provisions relating to definitions; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Children and Youth Services, so as to provide for the authority of the commissioner to designate as peace officers certain employees of the department. Referred to the Committee on Children and Youth. HB 756. By Representative Irvin of the 45th: 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 provide for liens upon property of the contractor at whose instance certain improvements are made to other property. Referred to the Committee on Judiciary. HB 757. By Representatives Bannister of the 77th and Davis of the 60th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the comprehensive regulation of dating service and clubs. Referred to the Committee on Industry. HB 758. By Representative Royal of the 164th: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for additional requirements with respect to the provision of certain services. Referred to the Committee on State Planning & Community Affairs. HB 759. By Representatives Parrish of the 144th, Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Article 1 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions regarding the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to definitions. Referred to the Committee on Retirement. HB 760. By Representatives Barnard of the 154th, Greene of the 158th and Barfoot of the 155th: A bill to amend Article 4 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to deductions from jail inmates' accounts, and Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention in state and county correctional institutions, so as to add a definition. Referred to the Committee on State Institutions & Property. TUESDAY, FEBRUARY 25, 1997 929 HB 761. By Representatives Davis of the 48th and Orrock of the 56th: A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to clarify certain powers and provide for others. Referred to the Committee on State Planning & Community Affairs. HB 762. By Representative Buckner of the 95th: A bill to amend Part 4A of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving unlawful teaching and training concerning dangerous instrumentalities for unlawful purposes, so as to prohibit communication of information concerning such matters under certain circumstances; to redefine the criminal offense involved. Referred to the Committee on Special Judiciary. HB 763. By Representatives Martin of the 47th, Barnes of the 33rd, Hecht of the 97th, Tolbert of the 25th and Wiles of the 34th: A bill to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to repeal the provisions relating to examination of jurors in panels. Referred to the Committee on Judiciary. HB 764. By Representative Barfoot of the 155th: A bill to amend an Act creating the Board of Commissioners of Toombs County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 768. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change fees and costs and the provisions relating thereto. Referred to the Committee on State Planning & Community Affairs - Local. HB 769. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge of said court. Referred to the Committee on State Planning & Community Affairs - Local. HB 770. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of the court. Referred to the Committee on State Planning & Community Affairs - Local. 930 JOURNAL OF THE HOUSE, HB 771. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County. Referred to the Committee on State Planning & Community Affairs - Local. HB 772. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of the court. Referred to the Committee on State Planning & Community Affairs - Local. HB 773. By Representatives Ashe of the 46th, Jenkins of the 110th, Brown of the 130th, Epps of the 131st and Irvin of the 45th: A bill to amend Article 7 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the State Commission on the Condemnation of Public Property, so as to provide for the declaration of water quality emergencies. Referred to the Committee on Natural Resources & Environment. HB 774. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Pelote of the 149th and Thomas of the 148th: A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provisions relating to the compensation of the members and chairperson of said board. Referred to the Committee on State Planning & Community Affairs - Local. HB 775. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th, Sauder of the 29th, Barnes of the 33rd and others: A bill to amend an Act to create a board of elections and registration in Cobb County, so as to provide that a member of the board may serve for two full four-year terms, excluding time served under an interim appointment. Referred to the Committee on State Planning & Community Affairs - Local. HR 359. By Representatives Joyce of the 1st, Davis of the 60th, Mills of the 21st, Walker of the 87th, Lewis of the 14th and others: A resolution urging support for Judge Roy Moore. Referred to the Committee on Judiciary. HR 360. By Representatives Golden of the 177th, Mann of the 5th, Lane of the 146th, Hammontree of the 4th, Culbreth of the 132nd and others: A resolution requesting the United States Congress to authorize through legislation one or more state pilot projects to ascertain the feasibility of devolving the unemployment insurance system back to state control. Referred to the Committee on Industrial Relations. TUESDAY, FEBRUARY 25, 1997 931 HR 361. By Representatives Crews of the 78th, Ehrhart of the 36th, Irvin of the 45th, Evans of the 28th, Pinholster of the 15th and others: A resolution urging that the balanced budget amendment to the United States Constitution be submitted to the states for ratification. Referred to the Committee on Ways & Means. HR 362. By Representatives McBee of the 88th, Taylor of the 134th, Porter of the 143rd, Ashe of the 46th and Coleman of the 80th: A resolution urging the State Board of Education to designate a "Civics Day" in the schools of Georgia. Referred to the Committee on Education. HR 364. By Representative Brown of the 130th: A resolution creating the Health Care Study Commission. Referred to the Committee on Rules. HR 366. By Representatives Buck of the 135th, Royal of the 164th, Channell of the lllth, Cummings of the 27th, Benefield of the 96th and others: A resolution expressing the consensus of the General Assembly that Internet access and other electronic communication services should remain exempt from government imposed fees, assessments, or taxation. Referred to the Committee on Ways & Means. 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 778. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th, Thomas of the 148th, Day of the 153rd and others: A bill to amend an Act creating the Georgia International and Maritime Trade Center Authority, so as to provide for an additional member of such authority. 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 727 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HB 736 HB 737 HB 738 HB 739 HB 740 HB 741 HB 743 HB 744 HB 745 HB 746 HB 747 HB 748 HB 749 HB 750 HB 751 HB 752 HB 765 932 JOURNAL OF THE HOUSE, HB 766 HB 767 HR 343 HR 344 SB 99 SB 139 SB 181 SB 217 SB 252 SR 9 SR 48 SR 63 SR 143 SR 165 Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report: Mr. Speaker: Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 478 Do Pass, by Substitute Respectfully submitted, M Parrish of the 144th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 363 Do Pass Respectfully submitted, /a/ Lee of the 94th Chairman Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 620 Do Pass, by Substitute Respectfully submitted, /s/ Randall of the 127th Chairman Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: TUESDAY, FEBRUARY 25, 1997 933 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 684 Do Pass HB 687 Do Pass HB 691 Do Pass HB 692 Do Pass HB 693 Do Pass HB 694 Do Pass HB 710 Do Pass HB 711 Do Pass HB 713 Do Pass HB 718 Do Pass Respectfully submitted, Is/ Royal of the 164th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 25, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below: HB 95 Public Service Commission; election; amend provisions HB 295 Health; certain injunction cases; exempt from cert supersedeas prov HB 369 Civil practice; opening and concluding arguments; party entitled HB 377 Medicaid Fraud Forfeiture Act of 1997; enact HB 393 Education; State Board develop character curriculum HB 407 Pardons and Paroles, State Board; holding of elective office HB 429 Real property; appraisal; uniform procedural manual HB 433 Land surveyors; limit liability HB 553 Insurance; certain medical benefits; reimbursement HR 254 Selective Serv System; commend; encourage registration 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 consideration and read the third time: HB 684. By Representative Ponder of the 160th: A bill to provide a new charter for the City of Donalsonville. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 687. By Representative Royal of the 164th: A bill to amend an Act providing a new charter for the City of Pelham, so as to increase the maximum millage rate for ad valorem taxes which may be levied on real and personal property for certain educational purposes. 934 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 691. By Representative Hugley of the 133rd: A bill to amend an Act reconstituting the Board of Education of Talbot County, so as to provide for education districts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 692. By Representative Hugley of the 133rd: A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide for commissioner districts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 693. By Representative Hanner of the 159th: A bill to create the Dawson-Terrell County Airport Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 694. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act known as the "Peach County Water and Sewer Authority Act," so as to provide that the members of the board shall enter upon their duties on July 1, 1997. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 710. By Representatives Ray of the 128th, Lucas of the 124th, Birdsong of the 123rd, Reichert of the 126th, Randall of the 127th and others: A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for the development by the authority of industrial and commercial sites in Bibb County through contracts, joint venture agreements, or other undertakings with certain public entities. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 711. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, FEBRUARY 25, 1997 935 HB 713. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act placing the coroner of Carroll County on an annual salary, so as to change the compensation of the coroner of Carroll County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 718. By Representatives Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether 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 previously 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 Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Buck Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Channell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B DeLoach, G DU Duon, H Y Duon, S YDobbs Y Dukes YEhrhart YEpps Evans Y Everett E Felton Y Ployd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Hegstrom YHenson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce Kaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Parsons Y Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Porter Powell YPurcell YRagas Randall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw YSherrUl Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr On the passage of the Bills, the ayes were 138, nays 2. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: 936 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 285. By Senator Egan of the 40th: A bill to provide a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal. SB 294. By Senators Ray of the 48th, Burton of the 5th, Tysinger of the 41st and others: A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption so as to change the provisions relating to income requirements; to provide for a referendum. HB 575. By Representative Barnard of the 154th: A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Tattnall County in nonpartisan primaries and elections. HB 582. By Representative Barnard of the 154th: A bill to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Tattnall County. HB 591. By Representative Perry of the llth: A bill to amend an Act incorporating the Town of Trion, so as to reconstitute the mayor and town council of the Town of Trion and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. HB 598. By Representatives DeLoach of the 172nd, Tillman of the 173rd, Mosley of the 171st and Barnard of the 154th: A bill to amend an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court. SB 59. By Senators Griffin of the 25th, Blitch of the 7th, Boshears of the 6th and others: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, so as to provide that certain notice shall be required before any state department or agency terminates any employee because of a reduction in force or other action; to provide that each affected employee must be given notice of his or her rights and options with respect to certain matters. TUESDAY, FEBRUARY 25, 1997 937 SB 114. By Senators Langford of the 29th, Middleton of the 50th, Kemp of the 3rd and others: A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the number of peremptory challenges allowed the prosecuting attorney and the accused in misdemeanor trials; to change the size of the jury panel in felony cases; to change the number of peremptory challenges allowed the prosecuting attorney and the accused in felony trials; to provide for exceptions; to provide for applicability. SB 127. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to include protections for elder persons as well as disabled adults; to define the term "elder person"; to add the term "elder person" in every place the term "disabled adult" is used. SB 148. By Senator Langford of the 29th: 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 authority of the Commissioner of Labor to estimate contributions due from employers; to change a certain reference; to change the provisions relating to grounds for disqualification of benefits. SB 206. By Senator Langford of the 29th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing to, or possession by, persons under 21 years of age of alcoholic beverages, so as to provide that the punishment for conviction of possession or consumption of alcoholic beverages by a person under 21 years shall be increased from 30 days to 12 months' maximum imprisonment. SB 231. By Senators Ralston of the 51st, Oliver of the 42nd and Land of the 16th: A bill to amend Code Section 19-6-34 of the Official Code of Georgia Annotated, relating to inclusion of life insurance in orders of child support, so as to provide that the amount of life insurance premiums may be counted as a part of the support. SB 242. By Senators Johnson of the 1st, Dean of the 31st, Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to provide that the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony and who have been paroled. SB 250. By Senators Price of the 56th and Ray of the 48th: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56. 938 JOURNAL OF THE HOUSE, SB 258. By Senators Dean of the 31st and Marable of the 52nd: A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for sentencing an inmate convicted of a misdemeanor or misdemeanor of a high and aggravated nature committed within the confines of a state correctional institution to confinement under the jurisdiction of the Department of Corrections. SB 271. By Senators Perdue of the 18th, Turner of the 8th, Walker of the 22nd and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to create the State Personnel Oversight Commission; to make certain findings and a statement of legislative intent; to define certain terms; to provide for members of the commission; to provide that no state officer or employee entitled to involuntary separation retirement benefits shall be separated without the approval of the commission. SB 280. By Senators Langford of the 29th, Dean of the 31st and Abernathy of the 38th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to insurance; to change certain provisions relating to consent of an insured to an insurance contract; to change certain provisions relating to required provisions in group life insurance policies; to define a certain term. SB 282. By Senators Clay of the 37th, Ray of the 48th and Egan of the 40th: A bill to amend Code Section 16-14-2 of the Official Code of Georgia Annotated, relating to the findings and intent of the General Assembly regarding the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to clarify the findings and intent of the General Assembly that the provisions of said Act apply to interrelated patterns of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury to others. HB 70. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for an exemption with respect to the sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components. HB 424. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions. TUESDAY, FEBRUARY 25, 1997 939 By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 59. By Senators Griffin of the 25th, Blitch of the 7th and Boshears of the 6th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, so as to provide that certain notice shall be required before any state department or agency terminates any employee because of a reduction in force or other action; to provide that each affected employee must be given notice of his or her rights and options with respect to certain matters. Referred to the Committee on State Planning & Community Affairs. SB 114. By Senators Langford of the 29th, Middleton of the 50th, Kemp of the 3rd and others: A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the number of peremptory challenges allowed the prosecuting attorney and the accused in misdemeanor trials; to change the size of the jury panel in felony cases; to change the number of peremptory challenges allowed the prosecuting attorney and the accused in felony trials; to provide for exceptions; to provide for applicability. Referred to the Committee on Special Judiciary. SB 127. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to include protections for elder persons as well as disabled adults; to define the term "elder person"; to add the term "elder person" in every place the term "disabled adult" is used. Referred to the Committee on Judiciary. SB 148. By Senator Langford of the 29th: 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 authority of the Commissioner of Labor to estimate contributions due from employers; to change a certain reference; to change the provisions relating to grounds for disqualification of benefits. Referred to the Committee on Industrial Relations. SB 206. By Senator Langford of the 29th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing to, or possession by, persons under 21 years of age of alcoholic beverages, so as to provide that the punishment for conviction of possession or consumption of alcoholic beverages by a person under 21 years shall be increased from 30 days to 12 months' maximum imprisonment. Referred to the Committee on Special Judiciary. 940 JOURNAL OF THE HOUSE, SB 231. By Senators Ralston of the 51st, Oliver of the 42nd and Land of the 16th: A bill to amend Code Section 19-6-34 of the Official Code of Georgia Annotated, relating to inclusion of life insurance in orders of child support, so as to provide that the amount of life insurance premiums may be counted as a part of the support. Referred to the Committee on Judiciary. SB 242. By Senators Johnson of the 1st, Dean of the 31st, Thompson of the 33rd and others: A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to provide that the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony and who have been paroled. Referred to the Committee on State Institutions & Property. SB 250. By Senators Price of the 56th and Ray of the 48th: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56. Referred to the Committee on Legislative & Congressional Reapportionment. SB 258. By Senators Dean of the 31st and Marable of the 52nd: A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for sentencing an inmate convicted of a misdemeanor or misdemeanor of a high and aggravated nature committed within the confines of a state correctional institution to confinement under the jurisdiction of the Department of Corrections. Referred to the Committee on Special Judiciary. SB 271. By Senators Perdue of the 18th, Turner of the 8th, Walker of the 22nd and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to create the State Personnel Oversight Commission; to make certain findings and a statement of legislative intent; to define certain terms; to provide for members of the commission; to provide that no state officer or employee entitled to involuntary separation retirement benefits shall be separated without the approval of the commission. Referred to the Committee on State Planning & Community Affairs. SB 280. By Senators Langford of the 29th, Dean of the 31st and Abernathy of the 38th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to insurance; to change certain provisions relating to consent of an insured to an insurance contract; to change certain provisions relating to required provisions in group life insurance policies; to define a certain term. Referred to the Committee on Insurance. TUESDAY, FEBRUARY 25, 1997 941 SB 282. By Senators Clay of the 37th, Ray of the 48th and Egan of the 40th: A bill to amend Code Section 16-14-2 of the Official Code of Georgia Annotated, relating to the findings and intent of the General Assembly regarding the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to clarify the findings and intent of the General Assembly that the provisions of said Act apply to interrelated patterns of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury to others. Referred to the Committee on Special Judiciary. SB 285. By Senator Egan of the 40th: A bill to provide a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal. Referred to the Committee on State Planning & Community Affairs - Local. SB 294. By Senators Ray of the 48th, Burton of the 5th, Tysinger of the 41st and others: A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption so as to change the provisions relating to income requirements; to provide for a referendum. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 363. By Representative Whitaker of the 7th: A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers and inviting them to appear before the House of Representatives. Under the general order of business, established by the Committee on Rules, the fol- lowing Bills and Resolution of the House were taken up for consideration and read the third time: HB 433. By Representative Williams of the 114th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to limit the liability of professional land surveyors to persons in privity of contract and related persons. The following amendment was read and adopted: 942 JOURNAL OF THE HOUSE, Representatives Walker of the 141st, Skipper of the 137th, Westmoreland of the 104th and Williams of the 114th move to amend HB 433 as follows: By adding at the end of subsection (c), line 17, page 2, the following: "For the purposes of this subsection, it shall be conclusively presumed that the initial purchaser(s) of the property which is the subject matter of the survey shall be in privity of contract with the surveyor. Further, for a period of ten years from the date the plat is recorded, any purchaser(s) or owner(s) of the subject property shall be entitled to rely on the accuracy and adequacy of the work done by the surveyor." 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 Bailey Y Baker Y Bannister YBarfoot N Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper N Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S NDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett E Felton Y Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard N Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James N Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney N Mills Y Mobley Y Mosley Mueller Y O'Neal YOrrock YParham YParrish Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R E Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings N Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Teague YTeper Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 149, nays 13. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 553 was postponed until Friday, February 28, 1997. HR 254. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Poag of the 6th, Sims of the 167th and others: A resolution commending the Selective Service System for its long, distinguished, and vital role in serving the United States through its constant and war tested ability to meet the needs of democracy by providing for the needs of the United States of America; to strongly urge Georgia employers to encourage their eligible male employees to fulfill their legal and patriotic obligation by registering with the Selective Service. TUESDAY, FEBRUARY 25, 1997 943 The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Bailey Y Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childere Y Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Culbreth Y Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Dukes YEhrhart YEpps Y Evans Y Everett E Felton Floyd Y Franklin Y Golden Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom YHenson Holland Holmes Howard Y Hudgens Hudson, H Y Hudson, N Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly Lane YLee Y Lewis Lord Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell YRagas Randall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P Y Smith, T Smith, V Smyre Y Snelling YSnow Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Taylor YTeague Y Teper Thomas YTiUman Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representatives Buck of the 135th and Holland of the 157th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 429. By Representatives Day of the 153rd, Culbreth of the 132nd, Royal of the 164th 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 adoption by the state revenue commissioner and requirement of use of a uniform procedural manual for appraising real property. The following Committee substitute was read and adopted: 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 adoption by the state revenue commissioner and requirement of use of a uniform procedural manual for 944 JOURNAL OF THE HOUSE, appraising real property for ad valorem tax purposes; 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 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, is amended by striking Code Section 48-5-269.1, relating to the uniform procedural manual for appraising tangible personal property, and inserting in its place a new Code Section 48-5-269.1, to read as follows: "48-5-269.1. (a) The commissioner shall adopt by rule, subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and maintain an appropriate procedural manual for use by local appraisers county property appraisal staff in appraising tangible real and personal property for ad valorem tax purposes. (b) The manual adopted by the commissioner pursuant to this Code section shall be utilized by local appraisers county property appraisal staff in the appraisal of tangible real and personal property for ad valorem tax purposes." SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 to the contrary, this Act shall become effective on July 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 substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 109, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Ponder of the 160th, Greene of the 158th and Carter of the 166th stated that they would like to be recorded as voting "nay" on HB 429. HB 369. By Representatives Bordeaux of the 151st, Barnes of the 33rd, Crawford of the 129th, Campbell of the 42nd and Alien of the 117th: 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. The following Committee substitute was read and withdrawn: 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; 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 8 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to argument and conduct of counsel, is amended by adding at the end thereof a new Code Section 9-10-186 to read as follows: TUESDAY, FEBRUARY 25, 1997 945 "9-10-186. After the evidence is closed on both sides, the plaintiff shall open and conclude the argument to the jury. If the defendant introduces no evidence, the defendant shall open and conclude the argument to the jury after the evidence on the part of the plaintiff is closed." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Bordeaux of the 151st, Murphy of the 18th and Martin of the 47th, was read and adopted: 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; 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 8 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to argument and conduct of counsel, is amended by adding at the end thereof a new Code Section 9-10-186 to read as follows: "9-10-186. In civil actions, where the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening and concluding arguments except that if the defendant introduces no evidence or admits a prima-facie case, the defendant shall be entitled to open and conclude. In civil actions for personal injuries, the defendant shall be deemed not to have admitted a prima-facie case if such defendant introduces any evidence as to the extent of the injury." SECTION 2. This Act shall become effective on July 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 substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien YAnderoon YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Y Day DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Diron, S Y Dobbs Y Dukes Y Ehrhart Epps Y Evans Y Everett E Pelton Y Ployd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland 946 JOURNAL OF THE HOUSE, Holmes Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas YTiUman Y Titus Y Tolbert Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 substitute. HB 377. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a statement of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act. The following Committee substitute was read: A BILL To enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a statement of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act; to provide for definitions; to provide for procedures for a Medicaid fraud forfeiture action; to provide for the authority of the court upon a judgment of forfeiture; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of law enforcement officers, sheriffs, and prosecuting attorneys; to provide for the service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for the seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interest in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interest therein; to provide for applicability with respect to certain property; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 25, 1997 947 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Medicaid Fraud Forfeiture Act of 1997." SECTION 2. The General Assembly finds that substantial financial losses to the state are being caused by acts of fraud directed at the Department of Medical Assistance and that there is a need to enhance the ability of the state to recover property and proceeds obtained through Medicaid fraud. It is the intent of this legislation to provide a legal mechanism for the seizure and forfeiture to the state of property and proceeds obtained through acts of fraud committed to obtain medical assistance benefits or payments under Article 7 of Chapter 4 of Title 49. SECTION 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," is amended by adding between Code Sections 49-4-146.2 and 49-4-147 a new Code Section 49-4-146.3 to read as follows: "49-4-146.3. (a) As used in this Code section, the term: (1) 'Costs' means, but is not limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (2) 'Court costs' means, but is not limited to: (A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (3) 'Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property. (4) 'Medicaid fraud' means: (A) A violation of Code Section 49-4-146.1; or (B) A violation of any provision of: (i) Chapter 8 of Title 16, relating to offenses involving theft; (ii) Code Section 16-10-20, relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or (iii) Code Section 16-10-21, relating to conspiracy to defraud the state or its political subdivisions, in which it is charged that the subject of the theft, false statement, or conspiracy relates to the obtaining of medical assistance benefits or payments under this article. (5) 'Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (6) 'Proceeds' means property derived from or realized through, directly or indirectly, an act or omission and includes property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. (7) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any kind of privilege, interest, claim, or right. (8) 'Prosecutor' means a district attorney or his or her designee or the Attorney General or his or her designee. 948 JOURNAL OF THE HOUSE, (b) All property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by a Medicaid fraud forfeiture action brought by the state in accordance with this Code section. (c) A Medicaid fraud forfeiture proceeding shall be initiated by a complaint filed in the name of the State of Georgia and may be brought in the case of: (1) An in rem action, by the prosecutor in the county in which the property is located or seized; or (2) An in personam action, by the prosecutor in the county in which the defendant resides. (d)(l) An action pursuant to this Code section may be commenced before or after the seizure of property. (2) Any Medicaid fraud forfeiture action filed under this Code section shall be limited to a civil action. (e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder: (1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur; (2) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction; (3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (5) Acquired the interest: (A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture: (i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. (f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (g)(l) Property which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this TUESDAY, FEBRUARY 25, 1997 949 state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. (2) Property which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the property is subject to forfeiture under this article or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant. (3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure in violation of the Constitution of Georgia or the United States Constitution made with process or in a good faith belief of probable cause. (h)(l) When property is seized pursuant to this article, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecutor of the judicial circuit having jurisdiction in the county where the seizure was made. (2) Within 60 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) of this Code section. (3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (1)(l) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property. (2) When property is seized pursuant to this article, the prosecutor or the sheriff or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publi- cation, or the mailing of written notice: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspa- per of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged, (j) A prosecutor may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following: (1) The lien notice must set forth: (A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and (B) The description of the property, the civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing; (2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corpo- rations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person; 950 JOURNAL OF THE HOUSE, (3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a h'en filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a lien filed in accordance with this subsection; (4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment; (5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the prosecutor or the prosecutor's designee the following information: (A) The name and address of the person or entity for whom the property is held; (B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and (C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor. (k) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the prosecutor may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecutor by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecutor. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the prosecutor in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings. (1)(1) If property is seized under this article, the prosecutor may: (A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding; (B) Place the property under constructive seizure by posting notice of pending forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property; (C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the prosecutor may authorize its being deposited in an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto; (D) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. TUESDAY, FEBRUARY 25, 1997 951 (2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action. (m) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized. (n) If the estimated value of personal property seized is $25,000.00 or less, the prosecutor may elect to proceed under the provisions of this subsection in the following manner: (1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such property has 30 days within which a claim must be filed, and the violation of law alleged; (2) A copy of the notice, which shall include a statement that the owner of such property has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (i) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made; (3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecutor by certified mail, return receipt requested; (4) The claim must be signed by the owner or interest holder under penalty of perjury and must set forth: (A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought; (5) If a claim is filed, the prosecutor shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the prosecutor shall dispose of the property as provided in subsection (u) of this Code section, (o) In rem proceedings. (1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property. 952 JOURNAL OF THE HOUSE, (A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4. (B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. (C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or such person's agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or the sheriffs deputy that the vessel or aircraft has been released. (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth: (A) The caption of the proceedings as set forth in the complaint and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this article, (p) In personam proceedings. (1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. TUESDAY, FEBRUARY 25, 1997 953 (2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (o) of this Code section. (4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.' (5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the prosecutor or the prosecutor's agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited. (8) Except as provided in this subsection, no person claiming an interest in property subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the property, (q) In conjunction with any civil action brought pursuant to this article: (1) The court, on application of the prosecutor, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this arti- cle, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on applica- tion of the prosecutor, without notice or an opportunity for a hearing, if the prosecu- tor demonstrates that: (A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this article; and (B) Provision of notice would jeopardize the availability of the property for forfei- ture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, con- veyed, encumbered, removed from the jurisdiction of the court, concealed, or other- wise made unavailable for forfeiture; and 354 JOURNAL OF THE HOUSE, (B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecutor of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the prosecutor filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that: (A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or (ii) Has an interest that the prosecutor has stipulated is exempt from forfeiture; (B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or construc- tive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section. (r) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere. (s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; and (2) There is a rebuttable presumption that any property of a person is subject to for- feiture under this Code section if the state establishes probable cause to believe that: (A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (t)(l) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section. (2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order TUESDAY, FEBRUARY 25, 1997 955 that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article. (3) The court is authorized to order a claimant who files a frivolous claim to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorney's fees. (u)(l) The court may, after judgment of forfeiture, make any of the following orders for disposition of the property: (A) Judicial sale of the property; (B) Retention of the property by any party having a property interest therein, as such interest is described in subsection (e) of this Code section, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property. The plan may include, in the case of a party having such a property interest who holds a lien on or security interest in the property, the sale of the property by any such party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest; or (C) Destruction of any contraband, the possession of which is illegal. (2) The proceeds from any judicial sale or payments from a party having a property interest as described in paragraph (1) of this subsection shall be delivered to the Department of Medical Assistance. The appropriate federal portion of the proceeds shall then be disbursed in accordance with the requirements of federal law. The state portion of the proceeds shall be paid into the appropriate fund maintained by the Department of Medical Assistance. (v) An acquittal or dismissal in a criminal proceeding does not preclude civil proceed- ings under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (x)(l) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property: (A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or (E) Has been commingled with other property that cannot be divided without difficulty. (2) In addition to any other remedy provided for by law, a prosecutor on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A prosecutor may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section. 956 JOURNAL OF THE HOUSE, (4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress, (y) This Code section must be liberally construed to effectuate its remedial purposes." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Alien of the 117th moved that HB 377 be recommitted to the Committee on Human Relations and Aging. On the motion, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon N Ashe N Bailey N Baker Bannister NBarfoot N Barnard NBarnes N Bates N Benefield N Birdsong YBohannon N Bordeaux N Bradford Y Breedlove N Bridges Y Brooks Y Brown Buck N Buckner YBunn Y Burkhalter NByrd Campbell Y Canty N Carter YCash N Channel! N Childers Y Clark YCoan N Coleman, B Y Coleman, T N ConneU Y Cooper Y Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G NDii Y Dixon, H N Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans N Everett E Felton NFloyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree Banner Y Harbin N Heard N Hecht Hecks tall N Hegstrom N Henson N Holland Holmes Y Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley NIrvin Y Jackson N James Y Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis YLord Lucas Y Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee NMcCall N McClinton Y McKinney Y Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham Y Parrish N Parsons Y Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson Y Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp NSims Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P N Smith, T N Smith, V NSmyre N Snelling N Snow NStallings N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Taylor NTeague N Teper N Thomas Tillman Y Titus N Tolbert N Trense N Turnquest YTwiggs N Walker, L N Walker, R.L NWest N Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J Y Williams, R NWorthan YYates Murphy, Spkr On the motion, the ayes were 68, nays 99. The motion was lost. Representative Alien of the 117th moved that HB 377 be placed upon the table. TUESDAY, FEBRUARY 25, 1997 957 On the motion, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe N Bailey N Baker Y Bannister NBarfoot Y Barnard NBarnes N Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty N Carter YCash Y Channel! N Childers Y Clark YCoan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDix N Diion, H N Diion, S N Dobbs Y Dukes YEhrhart NEpps Y Evans Y Everett E Felton Floyd Y Franklin N Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin N Heard N Hecht Heckstall N Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Y Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis YLord Lucas Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey Y McBee YMcCall N McClinton Y McKinney Y Mills N Mobley Y Mosley Y Mueller N O'Neal On the motion, the ayes were 112, nays 58. The motion prevailed. NOrrock YParham Y Parrish Y Parsons Y Pelote N Perry Y Pinholster YPoag NPolak N Ponder Y Porter N Powell N Purcell NRagas NRandall YRay N Reaves N Reichert YRice Y Richardson Y Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan YShaw N Sherrill Y Shipp YSims Y Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Taylor N Teague NTeper Y Thomas Tillman Y Titus Y Tolbert Y Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr The Speaker Pro Tern assumed the Chair. HB 393. By Representatives Epps of the 131st, Taylor of the 134th, Porter of the 143rd, Hugley of the 133rd, Skipper of the 137th 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 curriculum, so as to provide for the development by the State Board of Education of a character curriculum in Georgia public schools. The following amendment was read and adopted: The Committee on Education moves to amend HB 393 by striking the word "and" on line 27 on page 1. By inserting immediately following the word "perseverance" the words and symbol ", and virtue". The following amendment was read: Representative Mills of the 21st moves to amend HB 393 as follows: On page 1, line 26 after "respect environment," insert "respect for the creator,". 958 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 Y Bailey N Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay DeLoach, B DeLoach, G YDii Y Diion, H Y Diron, S YDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin N Heard Y Hecht Heckstall N Hegstrom Y Henson Y Holland Holmes N Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas N Maddox YMann Manning N Martin, J N Martin, J.L Y Massey Y McBee YMcCall N McClinton Y McKinney Y Mills N Mobley Y Mosley Y Mueller N O'Neal N Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag NPolak Y Ponder N Porter Y Powell Y Purcell NRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw N Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P Smith, T Y Smith, V N Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert Y Trense N Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the adoption of the amendment, the ayes were 128, nays 35. The amendment was adopted. Representative Martin of the 145th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334 March 3, 1997 Mr. Robert E. Rivers, Jr. Clerk's Office Room 307, State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers: I was off the Floor of the House when Rep. Mill's Amendment of HB 393 was voted on. I support the Amendment and I would like it recorded in the Journal that I favor the Amendment. Thank you for your cooperation in this matter. Sincerely, /s/ Tommy Smith TUESDAY, FEBRUARY 25, 1997 959 State Representative District 169 TS/ph Enclosures 2 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 YBarfoot Y Barnard YBaraes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Cornell Y Cooper 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 Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Heard Y Hecht Hecks tall Hegstrom YHenson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTUlman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative McClinton of the 68th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. By unanimous consent, HB 407, HB 295 and HB 95 were postponed until Thursday, February 27, 1997. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Insurance and referred to the Committee on Industrial Relations: 960 JOURNAL OF THE HOUSE, SB 166. By Senator Langford of the 29th: A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund. The following Resolutions of the House were read and adopted: HR 367. By Representatives Dobbs of the 92nd, Barfoot of the 155th, Perry of the llth, Breedlove of the 85th and Barnard of the 154th: A resolution recognizing the Southern States Correctional Association on the occasion of its twenty-eighth anniversary and annual training conference. HR 368. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending James Arthur Thomas, Sr. HR 369. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th: A resolution recognizing and commending Joann Compton. HR 370. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th: A resolution recognizing and commending Nancy Silberger as the 1997 Henry County Star Student and Russ Lee as the 1997 Henry County Star Teacher. HR 371. By Representative Coan of the 82nd: A resolution commending Heath Haynes. HR 372. By Representatives Floyd of the 138th and James of the 140th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest. HR 373. By Representatives Howard of the 118th, Anderson of the 116th, Williams of the 114th, DeLoach of the 119th, Alien of the 117th and others: A resolution commending and congratulating Allison Jones. HR 374. By Representative Pelote of the 149th: A resolution recognizing and commending New Testament Unity Mass Choir. HR 375. By Representative Greene of the 158th: A resolution recognizing and commending Kathryn G. Hardwick. HR 376. By Representative Floyd of the 138th: A resolution recognizing Georgia TOPS Chapter 112. TUESDAY, FEBRUARY 25, 1997 961 HR 377. By Representative Carter of the 166th: A resolution recognizing and commending Aurelia Postell. HR 378. By Representatives Orrock of the 56th, Lee of the 94th and Childers of the 13th: A resolution recognizing and commending James Thompson. Representative Porter of the 143rd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 409 Do Pass Respectfully submitted, /s/ Porter of the 143rd 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 recommendations: HB 355 Do Pass, by Substitute HB 493 Do Pass HB 573 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 has instructed me to report the same back to the House with the following recommendations: HB 104 Do Pass, by Substitute HB 316 Do Pass, by Substitute HB 328 Do Pass, by Substitute HB 422 Do Pass, by Substitute HB 450 Do Pass, by Substitute HB 452 Do Pass HB 487 Do Pass HB 550 Do Pass, by Substitute HB 559 Do Pass, by Substitute HB 560 Do Pass, by Substitute HB 574 Do Pass, by Substitute HB 587 Do Pass, by Substitute HB 611 Do Pass 962 JOURNAL OF THE HOUSE, Respectfully submitted, /s/ Parham of the 122nd Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 241 Do Pass HR 365 Do Pass Respectfully submitted, /s/ 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 of the House and has instructed me to report the same back to the House with the following recommendations: HB 306 Do Pass, by Substitute HB 378 Do Pass, by Substitute HB 419 Do Pass HB 517 Do Pass, by Substitute HB 518 Do Pass, by Substitute HB 558 Do Pass Respectfully submitted, /s/ Buck of the 135th Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 27, 1997. THURSDAY, FEBRUARY 27, 1997 963 Representative Hall, Atlanta, Georgia Thursday, February 27, 1997 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 Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Canty Carter Cash Channel! Childers Clark Coleman, B Connell Crawford Crews Culbreth Cummings Davis, M DeLoach, B Dii Dizon, H Dobbs Dukes Ehrhart Evans Kverett Felton Floyd Franklin Golden Graves Greene Hammontree Harbin Heard Hecht Hecks tall Henson Holland Howard Hudson, H Hudson, N Hugley Jackson James Jamieson Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Mann Manning Martin, J.L McBee McCall McKinney Mills Mobley Mosley Mueller O'Neal Parham Parsons Pelote Perry Pinholster Poag Ponder Porter PoweU Purcell Ragas Ray Reaves Rice Richardson Royal Sauder Scarlett Scheid Scott Shanahan Sherrill Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L.R Smith, P Smith, T Smith, V Snelling S tailings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teague Teper Thomas TiUman Titus Tolbert Trense Twiggs Walker, L Walker, R.L West Westmoreland Whitaker Wiles Williams, B Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Massey of the 86th, Hudgens of the 24th, McClinton of the 68th, Polak of the 67th, Parrish of the 144th, Reichert of the 126th, Grindley of the 35th, Rogers of the 20th, Hegstrom of the 66th, Turnquest of the 73rd, Davis of the 48th, Day of the 153rd, DeLoach of the 119th, Holmes of the 53rd, Sanders of the 107th, Smyre of the 136th, Lucas of the 124th, Shipp of the 38th, Bordeaux of the 151st, Bannister of the 77th, Roberts of the 162nd, Cooper of the 31st, Maddox of the 72nd, Smith of the 109th, Dixon of the 150th, Epps of the 131st, Buckner of the 95th and Snow of the 2nd. They wish to be recorded as present. Prayer was offered by the Reverend George O. McCalep, Jr., Pastor, Greenforest Baptist Church, Decatur, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 964 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 776. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide for limitations with respect to the installation of certain trunk lines. Referred to the Committee on State Planning & Community Affairs - Local. HB 777. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. Referred to the Committee on State Planning & Community Affairs - Local. HB 779. By Representatives Jenkins of the 110th, Holland of the 157th, Barnes of the 33rd and Channell of the lllth: A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a judge or employee of the probate court shall be entitled to retire on a service retirement at the age of 55 years after having served 12 years as a judge or employee of the board of trustees of such retirement system. Referred to the Committee on Retirement. HB 780. By Representatives Jenkins of the 110th, Holland of the 157th, Barnes of the 33rd and Channell of the lllth: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the amount of salary which may be considered earnings for purposes of such retirement fund; to change the employee contribution in such retirement fund. Referred to the Committee on Retirement. THURSDAY, FEBRUARY 27, 1997 965 HB 781. By Representative Royal of the 164th: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property which is exempt from ad valorem property taxes, so as to clarify the exemption with respect to public property. Referred to the Committee on Ways & Means. HB 782. By Representative Westmoreland of the 104th: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to remove certain limitations with respect to the exclusion of certain retirement income. Referred to the Committee on Ways & Means. HB 783. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th, Cooper of the 31st, Parsons of the 40th and others: A bill to create the Acworth Area Convention and Visitors Bureau Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 784. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th, Cooper of the 31st, Wiles of the 34th 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 785. By Representatives Parham of the 122nd and Hudson of the 120th: A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period. Referred to the Committee on State Planning & Community Affairs - Local. HB 786. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for prior employees of the Georgia Housing and Finance Authority, so as to provide for creditable service in such retirement system for certain prior service. Referred to the Committee on Retirement. HB 787. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to restyle the police court of the City of Waycross as the Municipal Court of the City of Waycross. Referred to the Committee on State Planning & Community Affairs - Local. 966 JOURNAL OF THE HOUSE, HB 788. By Representatives Childers of the 13th and Cummings of the 27th: A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to contracts of teachers and other school personnel, so as to change which personnel are eligible for such contracts and provide for criminal record checks for those personnel. Referred to the Committee on Education. HB 789. By Representatives Bradford of the 30th, Cooper of the 31st, Parsons of the 40th, Shipp of the 38th, McKinney of the 51st and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general. Referred to the Committee on State Planning & Community Affairs - Local. HB 790. By Representative Reichert of the 126th: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a legislative finding; to provide for immunity for certain resident physicians participating in certain residency training programs and for certain entities utilizing such residents. Referred to the Committee on Judiciary. HB 791. By Representative Randall of the 127th: A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of certain terms; to include certain employees of municipal correctional institutions who are authorized to exercise the power of arrest within the definition of the term "peace officer". Referred to the Committee on Public Safety. HB 792. By Representative Randall of the 127th: A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, providing general provisions relating to employment, so as to prohibit the termination of an employee's employment as a result of the employee filing a workers' compensation claim under Chapter 9 of this title. Referred to the Committee on Industrial Relations. HB 793. By Representatives Williams of the 63rd, Ladd of the 59th, O'Neal of the 75th, McClinton of the 68th, Ragas of the 64th and others: A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax commissioner. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 27, 1997 967 HB 794. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner. Referred to the Committee on State Planning & Community Affairs - Local. HB 795. By Representatives Clark of the 3rd and Snow of the 2nd: A bil' to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court. Referred to the Committee on State Planning & Community Affairs - Local. HB 796. By Representative Brown of the 130th: A bill creating a new charter for the City of Hogansville, so as to allow the mayor and city council to enter into a written contract for the employment of a city manager. Referred to the Committee on State Planning & Community Affairs - Local. HB 797. 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 provide for the compensation of the Solicitor-General and the Judge of said court. Referred to the Committee on State Planning & Community Affairs - Local. HB 798. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of said city. Referred to the Committee on State Planning & Community Affairs - Local. HB 799. By Representative Massey of the 86th: A bill to amend an Act reincorporating the City of Winder, so as to repeal the two-term limit applicable to the mayor. Referred to the Committee on State Planning & Community Affairs - Local. HB 800. By Representatives Massey of the 86th and Randall of the 127th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relating to alcoholic beverages, so as to change the penalties for furnishing any alcoholic beverage to, causing any alcoholic beverage to be furnished to, permitting any employee to furnish any alcoholic beverage to, or acting as an agent to purchase or acquire any alcoholic beverage for any person under 21 years of age. Referred to the Committee on Regulated Beverages. 968 JOURNAL OF THE HOUSE, HB 801. By Representatives Massey of the 86th, Jackson of the 112th and Franklin of the 39th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the penalty for rape when the victim is less than 12 years of age on the date of the offense and the penalty for aggravated sodomy when the victim is less than 12 years of age on the date of the offense. Referred to the Committee on Special Judiciary. HB 802. By Representative Purcell of the 147th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court. Referred to the Committee on State Planning & Community Affairs - Local. HB 803. By Representative Murphy of the 18th: A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to local government bonds and financing, so as to prohibit certain authorities from carrying on certain activities outside of the political subdivisions for or within which they are created to function. Referred to the Committee on State Planning & Community Affairs. HB 804. By Representative Murphy of the 18th: A bill to clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not constitute a new action; to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to eliminate provisions relating to entry of certain matters in the civil docket; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings. Referred to the Committee on Judiciary. HR 379. By Representatives McCall of the 90th and Hanner of the 159th: A resolution urging the United States Environmental Protection Agency to reaffirm the existing air quality standards for ozone and particulate matter. Referred to the Committee on Natural Resources & Environment. 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 830. By Representative Connell of the 115th: 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 provide an additional exemption from the provisions of said article. Referred to the Committee on Health & Ecology. THURSDAY, FEBRUARY 27, 1997 969 HB 841. By Representatives Henson of the 65th, Childers of the 13th, McClinton of the 68th, Trense of the 44th, Cooper of the 31st and others: A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to change the provisions regarding use of titles by and identification of registered nurses. Referred to the Committee on Health & Ecology. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 753 HB 754 HB 755 HB 756 HB 757 HB 758 HB 759 HB 760 HB 761 HB 762 HB 763 HB 764 HB 768 HB 770 HB 771 HB 772 HB 773 HB 774 HB 775 HB 778 HR 359 HR 360 HR 361 HR 362 HR 364 HR 366 SB 59 SB SB 127 ~J 1J.*48O SB OzOACb SB 242 SB 250 SB 258 SB 271 SB 280 SB 282 SB 285 SB 294 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 622 Do Pass Respectfully submitted, /s/ Sinkfield of the 57th 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 373 Do Pass, by Substitute HB 465 Do Pass, by Substitute HB 600 Do Pass, by Substitute SB 107 Do Pass, by Substitute 970 JOURNAL OF THE HOUSE, 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 following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 651 Do Pass Respectfully submitted, /s/ Lucas of the 124th Chairman Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 584 Do Pass, by Substitute Respectfully submitted, /s/ Lane of the 146th Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 307 Do Pass, by Substitute HB 533 Do Pass, by Substitute HB 592 Do Pass, by Substitute Respectfully submitted, /s/ Martin of the 47th 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: THURSDAY, FEBRUARY 27, 1997 971 HB 612 Do Pass, by Substitute Respectfully submitted, /s/ Banner of the 159th Chairman Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 398 Do Pass HB 695 Do Pass Respectfully submitted, /s/ Twiggs of the 8th 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 681 Do Pass, by Substitute SB 90 Do Pass, by Substitute SB 105 Do Pass Respectfully submitted, /s/ Randall of the 127th Chairman Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SR 143 Do Pass SR 165 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: 972 JOURNAL OF THE HOUSE, 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 391 Do Pass, by Substitute HB 644 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 602 Do Pass, as Amended HB 727 Do Pass HB 731 Do Pass HB 732 Do Pass HB 733 Do Pass HB 741 Do Pass HB 746 Do Pass HB 748 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 268 Do Pass HR 287 Do Pass HR 288 Do Pass HR 292 Do Pass HR 324 Do Pass Respectfully submitted, /s/ Benefield of the 96th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 27, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below: HB 95 Public Service Commission; election; amend provisions (Postponed) HB 295 Health; cert inj cases; exempt from cert supersedeas prov (Postponed) HB 407 Pardons and Paroles, St Bd; holding of elective office (Postponed) THURSDAY, FEBRUARY 27, 1997 973 HB 408 Divorce; real property awards; filing of certain certificate HB 416 Professional counselors; associate professional counselor; licensure HB 438 Children & youth services; transfer of cert youth; repeal provision HB 451 Driver training school instructors; licenses; valid for 4 years HB 510 Hazardous waste and hazardous substances; certain fees; waiver HB 587 Drivers' licenses; certain records; amend provisions HB 590 Elections; certain illegal acts; increase penalties (Postponed) HB 620 Out-of-state-bail jumping; property bonds; amend provisions HB 654 Health insurance; amend provisions; comply with certain federal law HR 271 Douglas County; convey property HR 272 Taylor 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 consideration and read the third time: HB 602. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city. The following amendment was read and adopted: The Committee on State Planning and Community Affairs - Local moves to amend HB 602 by striking line 13 of page 2 and inserting in its place the following: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 99, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 727. By Representative Bridges of the 9th: A bill to amend an Act creating and establishing the State Court of Habersham County, so as to change the provisions relating to terms of said court; to change the compensation of the 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 99, nays 3. The Bill, having received the requisite constitutional majority, was passed. 974 JOURNAL OF THE HOUSE, HB 731. By Representative Hanner of the 159th: A bill to amend an Act entitled "An Act 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," so as to provide that such tag sales shall be on a four-month nonstaggered basis. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 3. The Bill, having received the requisite constitutional majority, was passed. HB 732. By Representatives Randall of the 127th, Ray of the 128th, Birdsong of the 123rd, Lucas of the 124th and Reichert of the 126th: A bill to repeal an Act approved March 25, 1986, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1954 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County 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 99, nays 3. The Bill, having received the requisite constitutional majority, was passed. HB 733. By Representatives Randall of the 127th, Ray of the 128th, Lucas of the 124th and Reichert of the 126th: A bill to amend an Act establishing a Board of Commissioners of Bibb County, so as to provide for the filling of vacancies in the office of a member of the Board of Commissioners of Bibb 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 99, nays 3. The Bill, having received the requisite constitutional majority, was passed. HB 741. 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 clarify the provisions relating to the compensation and benefits of such officer. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 3. THURSDAY, FEBRUARY 27, 1997 975 The Bill, having received the requisite constitutional majority, was passed. HB 746. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd, Lucas of the 124th, Graves of the 125th and others: A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change certain provisions relating to qualifications for retirement for a judge of the Civil Court of Bibb 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 99, nays 3. The Bill, having received the requisite constitutional majority, was passed. HB 748. By Representatives Bohannon of the 139th and Walker of the 141st: A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the provisions relating to run-off elections. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 3. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: HB 578. By Representatives Floyd of the 138th and James of the 140th: 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. HB 601. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relating to the compensation of the commissioners. HB 608. By Representative Parrish of the 144th: A bill to amend an Act creating a board of commissioners of Emanuel County, so as to change the provisions relating to vacancies. SB 70. By Senators Land of the 16th, Scott of the 36th, Tanksley of the 32nd and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 20-2-255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997"; to provide for a statement of intent; to provide for definitions; to provide for a petition for charter school status by a local school. 976 JOURNAL OF THE HOUSE, SB 215. By Senators Perdue of the 18th, Oliver of the 42nd, Starr of the 44th and others: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a definition of "gas company"; to provide for a method of establishing just and reasonable rates for gas companies through an alternative form of regulation; to provide for the allocation of certain revenues; to enact the "Natural Gas Competition and Deregulation Act"; to provide a short title; to provide for legislative findings and intent. SB 245. By Senators Stokes of the 43rd and Walker of the 22nd: 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 change certain provisions relating to coverage of treatment of mental disorders. SB 254. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for certain duties of health care insurers when primary eye care benefits are included in a health benefit plan; to provide civil relief and remedies for certain violations; to define certain terms; to provide a short title. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 70. By Senators Land of the 16th, Scott of the 36th, Tanksley of the 32nd and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 20-2-255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997"; to provide for a statement of intent; to provide for definitions; to provide for a petition for charter school status by a local school. Referred to the Committee on Education. SB 215. By Senators Perdue of the 18th, Oliver of the 42nd, Starr of the 44th and others: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a definition of "gas company"; to provide for a method of establishing just and reasonable rates for gas companies through an alternative form of regulation; to provide for the allocation of certain revenues; to enact the "Natural Gas Competition and Deregulation Act"; to provide a short title; to provide for legislative findings and intent. Referred to the Committee on Industry. THURSDAY, FEBRUARY 27, 1997 977 SB 245. By Senators Stokes of the 43rd and Walker of the 22nd: 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 change certain provisions relating to coverage of treatment of mental disorders. Referred to the Committee on Insurance. SB 254. By Senators Walker of the 22nd, Madden of the 47th, Abernathy of the 38th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for certain duties of health care insurers when primary eye care benefits are included in a health benefit plan; to provide civil relief and remedies for certain violations; to define certain terms; to provide a short title. Referred to the Committee on Insurance. Representative Teper of the 61st arose to a point of personal privilege and addressed the House. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 241. By Representatives Hudson of the 156th and Scott of the 165th: A resolution commending Mr. E. C. "Boo" Addison and inviting him to appear before the House of Representatives. HR 365. By Representatives Birdsong of the 123rd, Jenkins of the 110th, Benefield of the 96th and Reaves of the 178th: A resolution commending Mr. Charles Lewis and inviting him to appear before the House of Representatives. Representative Walker of the 141st moved that the following Bill of the House be taken from the table: HB 377. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a statement of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act. 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 Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Carter Y Cash Channell Y Childers Y Clark N Coan Y Coleman, B E Coleman, T Connell 978 JOURNAL OF THE HOUSE, Y Cooper Y Crawford Y Crews Y Culbreth Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree E Manner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley E Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Sherrill Y Shipp YSims Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F N Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the motion, the ayes were 150, nays 5. 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. Representative Walker of the 141st moved that HB 377 be withdrawn from the General Calendar and recommitted to the Committee on Judiciary. The motion prevailed. The following Resolutions of the House were read and referred to the Committee on Rules: HR 380. By Representative Howard of the 118th: A resolution commending the John S. Davidson Fine Arts School and inviting its principal, Beverly J. Barnhart and four of its star students, Patricia Ann Dalis, Allison M. Jones, Jamaica M. Smith, and Charles Edward Smith, II, to appear before the House of Representatives. HR 383. By Representatives Parsons of the 40th and Shipp of the 38th: A resolution commending the 1996-97 Shiloh Hills Christian School Challengers Men's Varsity Basketball Team and inviting the coach, players, and cheerleaders to appear before the House of Representatives. HR 393. By Representatives Stancil of the 91st, Murphy of the 18th, Lee of the 94th, Connell of the 115th, Walker of the 141st and others: A resolution commending Harold F. Holtz and inviting him to appear before the House of Representatives. THURSDAY, FEBRUARY 27, 1997 979 Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 587. By Representatives Walker of the 141st, Parham of the 122nd, Skipper of the 137th, Irvin of the 45th, Kaye of the 37th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to comply with and implement the provisions of the federal Driver's Privacy Protection Act of 1994. 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 comply with and implement the provisions of the federal Driver's Privacy Protection Act of 1994; to define the term "personal information"; to change the provisions relating to the records of the Department of Public Safety pertaining to applications for drivers' licenses and information on licenses; to provide for the information to be included in drivers' records; to provide that certain drivers' records shall not be subject to open records laws; to provide the conditions under which the Department of Public Safety shall furnish a driver's operating record; to provide that nothing in this Act shall preclude the department from confirming or verifying the status of a driver's license or permit; to provide the conditions under which the department may disseminate personal information from a driver's record; to provide for the use of drivers' records and personal information disseminated by the department; to provide for verification that certain information regarding a driver has been released by the department; to provide for penalties; to provide for the maintenance and disclosure of the department's records regarding state identification cards; to provide for rules and regulations; to provide for fees to defray the department's costs of affording access or disseminating information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding between paragraphs (13) and (14) in Code Section 40-5-1, relating to definitions applicable under said chapter, a new paragraph (13.5) to read as follows: "(13.5) 'Personal information' means any information that identifies a person, including but not limited to an individual's fingerprint, photograph, or computerized image, social security number, driver identification number, name, address (other than fivedigit ZIP code), telephone number, and medical or disability information." SECTION 2. Said chapter is further amended by striking Code Section 40-5-2, relating to records of the Department of Public Safety pertaining to applications for drivers' licenses and information on licenses, and inserting in lieu thereof a new Code Section 40-5-2 to read as follows: "40-5-2. (a) The Department of Public Safety shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include: (1) A record of The department sfeati fite every application for a license received by it and shall maintain suitable indexes containing: 4tKA) All applications granted; and {3)(B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action^ 980 JOURNAL OF THE HOUSE, (2) Drivers' records received 4b) Whenever an application for a license is- received frem a person previously licensed is another jurisdiction, the deportment shaft request a eepy ef- such driver's record from such other jurisdiction jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; andr (3) Records of 4e) ^Fhe department shall atee file all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in paragraphs 41} and 43) f subsection 4d) ef this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest. (b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, accident reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721. 4d)(c)(l) The driver's record provided by the department shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, and information pertaining to financial responsibility. The department shall furnish a certified abstract ef- a driver's operating record or personal information from a driver's record under the following circumstances: (A) With 41} In accordance with the written instructions and consent of the driver upon whom the operating record has been made and compiled; 43}(B) Pursuant to a written request, te a persen whe the department has reason te believe intends te se tne information in connection with the underwriting f insurance for use by any insurer or insurance support organization, or by a selfinsured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driverj provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a written request for a driver's operating record shall identify himself or herself and shall have certified that the information contained in the record will be used only for ne ether purpose and- the purpose specified in the request. Further, the person making the request shall certify that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; and 43)(C) In accordance with Article 7 of this chapter, the 'Georgia Uniform Commercial Driver's License Act.' Act'; convicted et a moving troitic violation, sucn moving traiiic violation convictions, inior~ motion pertaining te financial responsibility, and any other information the department THURSDAY, FEBRUARY 27, 1997 981 consider pertinent. The department shall prescribe a fee for furnishing seh tO COVCI? til6 CO9t3 Or LuIHlI119t6FlIl till8 OOQC SCCtlOO, StlCft 166 HOC tO frXCCCQ. $10.00. Subject te subsection {e} ef this Code section, y pefaen whe submits request thia Code section shaH be guilty ef- a miadcmeanor. (D) To (c)(l) Notwithstanding any ef the provisions ef subsection {d} ef this Code section, the department may furnish without charge ft copy ef any driver's abatract te a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver's licensing agency of another stater] (E) The department may atee furnish without charge at the written request ef Pursuant to a request from a public or private school system ft copy ef- the abstract ef concerning any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the infor- U118 9X1D96COOR TO CtlSClOSC Of IHftKC ftny U9C tflCPCOI CXCfipt "HI p6FIOPIHflIlC "Ox fllS judicial, quasi-judicial, er aeheel duties. (2) Notwithstanding say provisions ef subsection -(d) ef this Code section, the dcpartent ay furnish without charge a copy ef any driver's abstract te a county er indc- abstract ef- a individual seeking employment with such beard s school -bas -driver seh abstract fer the purpose ef determining whether auch individual ahall be er remain employed as a school btta driver. (F) With the written release of the driver, to a rental car company for use in the normal course of its business: provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph ahall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Authority, and the department shall bear no coats associated with such access. (2) Nothing in this Code section shall preclude the department from confirming or verifying the status of a driver's license or permit. {f}(dj(l) The commissioner shall designate members of the department to be the official custodians of the recorda of the department. No diaclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or diaclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The cuatodiana may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, auch recorda ahall be admiaaible as evidence in any civil or criminal proceeding as proof of the contents thereof. (2) In response to a subpoena or upon the request of any appropriate governmental e* judicial official, the department shall provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his the commissioner's duly authorized representative. (e) Upon written request, the department may provide copies of any record or personal information from any driver's record for use by any appropriate governmental official, entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, peraonal information furnished under this subsection shall be limited to name, address, driver identification number, and medical or disability information. (f) The department is specifically authorized to disseminate the following records and information: 982 JOURNAL OF THE HOUSE, (g)(l) To T-he department may, apen request, disseminate front its records te the United States Selective Service System and the Georgia Crime Information Center2 compilations of the names, most current addresses, license numbers, and dates of birth of licensees or applicants for licenses; 7 Saeh information shaft only be ased- in the ftrifillmcnt of the legitimate governmental duties ef the United States Selective Service System and the Georgia Crime Information Center and- shall net be further diaocmiBated te any person? The deportment is farther authorized te promulgate rules, regulations, or policies governing the means by which such information will- be di99cmin&ted trout its records to trie united otfltes ociective service1 oystetft ctnu the1 Georgia Grime Information Center and is farther authorized te charge a fee te defray actual expenses incurred in disseminating such information. (2) To the military branches of the United States Department of Defense, Notwithstanding any ether provisions ef this Code section, the department may-, pen request information from its records, including compilations of the names, dates of birth, sex, and most current addresses of licensees between the ages of 16 and 24 te the military branches ef- the United States Department ef Defense for the sole purpose of mailing recruiting and job opportunity information provided that the department shall not be required to provide such a compilation more than once every two months;? Any information provided pursuant te this paragraph shaft be limited te only the names, dates Or DIFtftj Sex, Uld DUOS* CUMfent ftdd69969 Or llCeHSCCS Of ftpp11CQHt9 rOf 110011963 flRd Defense in connection with the mailing ef recruiting and jeb opportunity information. Seh information shall net be further disseminated fer purposes ether tha the dissemination ef recruiting and jeb opportunity information. The department is authorized te promulgate rules, regulations, er policies governing the means by which-accesste its records wift fee afforded and is further authorized te charge a reasonable fee te defray actual costs incurred in affording access te er disseminating- information een- {h)(3) To the Department of Human Resources, Notwithstanding any ether provisions ef this Code section, the deportment may, pen request, provide access te arid- disseminate information frem its records, including compilations of the names^ dates of birth, and most current addresses of licensees or applicants for licenses? te the Deportment ef Human Resources. Any information provided pursuant to this subsection shaft be limited te enly the nomca, most current addresses, license numbers, and dates ef birth ef licensees er applicants fer licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the 'Child Support Recovery Act'; Act.' Saeh information shall net be further disseminated fer purpoaca ether than the recovery ef child support. The department is authorized te promulgate rules, rug uiQtions, of policies ^overning tiie metR9 Dy WHICH Access to its records win we* afforded and is further authorized te charge a reasonable fee te defray its costs incurred in affording access te er disseminating information contained in its records. {i>(4) To Criminal justice agencies shaft furnish without charge at the written reqaest ef a local fire or law enforcement department a copy of the abstract of the driving record of any applicant for employment or any current employee;? ft shall be unlawful ior tiny person wno receives tn ftostrftct of tne driving pecofd of &n individucii under this subsection te disclose any information pertaining te such abstract er te make any use tnereot except m the periopin&iice ot otiicicu duties wittt tne iocfti Ttfe ~or iflw enforcement deportment. (5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and for the purposes set forth in such Code section; and (6) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section. (j) Except as otherwise provided in this Code section, the department shall net furnish te any persen any compilations ef the names er addresses ef licensees er appliconta fer THURSDAY, FEBRUARY 27, 1997 983 OF %fte HBIUC8 OF flddFG9969 Or pCf8OH9 HIVOlVCQ ttl MIOIOF V6111C1C flCClQCnt9 "to "O6 tion to ftny pcpsoftj conipftnyT of entity enfled m tnc &tnepin^ OF Qissemincition ot news Io? uie puDiic OF to ft person involved ffi~ rescftFCiir i nc ticpftrTHicnt is* AutiioFized te establish regulations te implement the roquircmcnto ef this Gede section. (k) Notwithstanding aay ether provisions ef-this Code section, the deportment may pro vide access te a driver's operating records te rental ear company engaged in *he er- company shall be prohibited front dioocmirtatiBg er disclosing ay information free* a- aubocction shall be guilty ef- misdcmeanerr Saeh access shaH be provided and funded through the GcorgiaNct Authority, ad the department shall bew no costs associated with saeh access. The department is authorized te- promulgate rates ad- regulations neeessary te carry etrt the provisions ef-this subsection. (g) The drivers' records and personal information disseminated by the department pursuant to this Code section may be used only by the authorized recipient and only for the authorized purpose. It shall be unlawful to disclose, distribute, or sell such records or information to an unauthorized recipient or for an unauthorized purpose. It shall be a violation of this Code section to make a misrepresentation or false statement in order to obtain access to or information from the department's records. Any person who knowingly and willfully violates the provisions of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished as provided in Code Section 17-10-4. (h) The department shall maintain for four years a record of each release of a driver's operating record or personal information, including the name and address of the requesting party, the date of the release, and the provision of law authorizing the release. Such record of releases shall be reported to the affected driver upon written application by the driver, except that the department shall not report any information about the existence of a release made in connection with a criminal investigation which is ongoing and which involves, though not necessarily focuses upon, such driver. Upon receipt of an application from a driver for such record of releases, the department shall have three business days to determine whether an ongoing criminal investigation is involved, and such determination shall be in the discretion of the commissioner. Where a release is not reported to a driver because the underlying release involved an ongoing criminal investigation, the records concerning the underlying release shall be maintained for four years after the criminal investigation is closed and such records shall during such period after closure of the investigation be subject to disclosure upon application by the driver. (i) The provisions of this Code section shall apply, where relevant, to the maintenance and disclosure of the department's records regarding state identification cards issued under Article 5 of this chapter. (j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information from its records; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00. fl>(k) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information." SECTION 3. Said chapter is further amended by adding at the end of Article 5, relating to identification cards for persons without drivers' licenses, a new Code Section 40-5-105 to read as follows: "40-5-105. 984 JOURNAL OF THE HOUSE, The provisions of Code Section 40-5-2 regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under this article." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Teper of the 61st moves to amend the Committee substitute to HB 587 as follows: Remove strikes from line 15 through 30 on page 7. 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 Y Baker Y Bannister N Barfoot N Barnard NBarnes N Bates N Benefield NBirdsong N Bohannon N Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter NCash NChannell N Cbilders Y Clark NCoan N Coleman, B E Coleman, T N Connell Y Cooper N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G Dii N Dixon, H N Dixon, S N Dobbs N Dukes NEhrhart NEpps N Evans N Everett N Felton N Floyd N Franklin N Golden N Graves N Greene N Grindley N Hammontree E Manner N Harbin N Heard NHecht Hecks tall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson N Jenkins N Johnson N Johnston N Jones Y Joyce NKaye YLadd NLakly NLane NLee N Lewis NLord Y Lucas N Maddox NMann N Manning N Martin, J N Martin, J.L N Massey N McBee NMcCall Y McClinton N McKinney N Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons Y Pelote N Perry N Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice N Richardson Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw N Sherrill NShipp N Sims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 16, nays 155. The amendment was lost. Y Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T N Smith, V N Smyre N Snelling NSnow N Stalling N Stancil, F N Stancil, S Stanley, L N Stanley, P N Taylor Teague Y Teper N Thomas NTillman N Titus N Tolbert NTrense Tumquest NTwiggs N Walker, L N Walker, R.L NWest N Westmorland N Whitaker Y Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Murphy, Spkr The following amendment was read: Representative Joyce of the 1st moves to amend the Committee substitute to HB 587 follows: THURSDAY, FEBRUARY 27, 1997 985 Page 6, line 17 strike line 17 replace with "(e) Upon written consent of the licensee or upon receipt of a warrant or subpoena the department may provide". 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 Barnard N Barnes N Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford Y Breedlove N Bridges Y Brooks N Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter NCash N Channel! N Childers Y Clark YCoan N Coleman, B E Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S NDobbs N Dukes N Ehrhart NEpps N Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley Y Hammontree E Banner N Harbin N Heard NHecht Heckstall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson Jenkins N Johnson Y Johnston N Jones Y Joyce NKaye YLadd NLakly NLane NLee Y Lewis NLord N Lucas Y Maddox YMann N Manning N Martin, J N Martin, J.L NMassey NMcBee N McCall N McClinton N McKinney N Mills Mobley N Mosley Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag N Polak N Ponder N Porter Y Powell N Purcell YRagas YRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 31, nays 140. The amendment was lost. N Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T N Smith, V N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague N Teper N Thomas N Tillman N Titus N Tolbert N Trense Turnquest N Twiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles N Williams, B N Williams, J N Williams, R N Worthan YYates Murphy, Spkr The following amendment was read: Representative Joyce of the 1st moves to amend the Committee substitute to HB 587 by striking line 42 of page 4 through line 1 of page 5 and inserting in lieu thereof the following: "abstract te a state or local judge, or to a state or local prosecuting official; or law enforcement agency which presents a warrant or subpoena, for use in investigations or prosecutions of alleged criminal or unlawful activity;^". 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 Barnard N Barnes N Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell 986 JOURNAL OF THE HOUSE, N Canty N Carter NCash N Channel! N Childers Y Clark YCoan N Coleman, B E Coleman, T NConnell Y Cooper N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDii Y Diion, H N Dixon, S NDobbs Y Dukes NEhrhart NEpps N Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves NGreene N Grindley Y Hammontree E Hanner N Harbin N Heard N Hecht Hecks tall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd NLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L NMassey N McBee NMcCall N McClinton N McKinney N Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Parrish N Parsons Y Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell YRagas YRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T N Smith, V NSmyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague NTeper N Thomas NTiUman N Titus N Tolbert N Trense Turnquest NTwiggs N Walker, L N Walker, R.L NWest Y Westmoreland N Whitaker Y Wiles N Williams, B N Williams, J N Williams, R N Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 39, nays 135. The amendment was lost. The following amendment was read: Representatives Rice of the 79th, Yates of the 106th and Scott of the 165th move to amend the Committee substitute to HB 587 by striking line 25 of page 1 and inserting in lieu thereof the following: "disseminating information; to delete certain provisions requiring fingerprints and prohibit obtaining fingerprints without consent of the person to be fingerprinted; to provide for related matters;". By redesignating Sections 3, 4, and 5 as Sections 5, 7, and 8, respectively. By inserting between lines 17 and 18 of page 10 the following: "SECTION 3. Said chapter is further amended by striking in its entirety Code Section 40-5-28, relating to issuance of licenses, and inserting in its place the following: '40-5-28. The department shall, upon payment of the required fee, issue to every applicant qualifying 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 photograph 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. No license shall be valid until it has been so signed by the licensee. Specifically bat without limitation, th department may reete applicants te submit fingerprints by means f an infctess fingerprint scanning device pen application The department may request but may not require fingerprints THURSDAY, FEBRUARY 27, 1997 987 to obtain any driver's license or identification cards, provided that the department shall provide clear and conspicuous written notice to every applicant that such fingerprinting is voluntary and not required.' SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 40-5-100, relating 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 residents 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 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 where the identification card was issued; (10) Signature of person identified or facsimile thereof; (11) Fingerprint of the person identified^ if that person consents to being fingerprinted for such identification purposes, provided that the department shall provide clear and conspicuous written notice to every applicant that such fingerprinting is voluntary and not required; and (12) Such other information or identification as required by the department.'". By inserting between lines 28 and 29 of page 10 the following: "SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 40-5-171, relating to identification cards for person with disabilities, and inserting in its place the following: '(a) The Department of Public Safety shall issue personal identification cards to persons 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, may contain a recent color photograph of the applicant and the following information: (1) Full legal name; (2) Address of residence; 988 JOURNAL OF THE HOUSE, (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued; (11) Signature of person identified or facsimile thereof; (12) Fingerprint of person identifiedj if that person consents to being fingerprinted for such identification purposes, provided that the department shall provide clear and conspicuous written notice to every applicant that such fingerprinting is voluntary and not required; and (13) Such other information as required by the department.'". 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 Y Barnard YBarnes N Bates N Benefield N Birdsong N Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown NBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty N Carter YCash YChannell N Childers Y Clark YCoan Y Coleman, B E Coleman, T N Connell Y Cooper 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 Dixon, S NDobbs N Dukes YEhrhart NEpps Y Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley Y Hammontree E Manner Y Harbin N Heard N Hecht Heckstall N Hegstrom N Henson Y Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J Y Martin, J.L Y Massey N McBee Y McCall N McClinton Y McKinney Y Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter Y Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 70, nays 102. The amendment was lost. Y Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T Y Smith, V Smyre Y Snelling NSnow NStalUngs N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague YTeper N Thomas NTiUman Y Titus N Tolbert Y Trense Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr THURSDAY, FEBRUARY 27, 1997 989 Representatives Shipp of the 38th and Manning of the 32nd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon. The following amendment was read: Representatives Rice of the 79th, Yates of the 106th, Wiles of the 34th and Scott of the 165th move to amend the Committee substitute to HB 587 by striking line 25 of page 1 and inserting in lieu thereof the following: "disseminating information; to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards issued by the Department of Public Safety; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards for persons with disabilities issued by the Department of Public Safety; to provide for related matters;". By striking line 3 of page 2 and inserting in lieu thereof the following: "an individual's photograph or computerized". By redesignating Sections 3, 4, and 5 as Sections 5, 7, and 8, respectively. By striking line 17 of page 10 and inserting in lieu thereof the following: "false, fraudulent, or invalid information. (1) Not later than 30 days after the effective date of this subsection, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to the effective date of this subsection from applicants for drivers' licenses, identification cards, and identification cards for persons with disabilities issued by the department and shall compile and make available for public inspection a list of all persons or entities to whom the department provided such fingerprint records.' SECTION 3. Said chapter is further amended by striking Code Section 40-5-28, relating to issuance of licenses and fingerprinting of applicants, and inserting in its place the following: '40-5-28. The department shall, upon payment of the required fee, issue to every applicant qualifying 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 photograph 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. No license shall be valid until it has been so signed by the licensee. Specifically bt without limitation, the The department easy shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means of tot inklcss fingerprint scanning device upon application.' SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 40-5-100, relating to issuance, contents, and possession of identification cards, and inserting in its place the following: 990 JOURNAL OF THE HOUSE, '(a) The Department of Public Safety shall issue personal identification cards to all residents 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 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 where the identification card was issued; (10) Signature of person identified or facsimile thereof; and (11) Fingerprint el th pe*sR identified; anel 412)-Such other information or identification as required by the department] provided, however, that the department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application.'". By inserting between lines 28 and 29 of page 10 the following: "SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 40-5-171, relating to issuance and contents of identification cards for persons with disabilities, and inserting in its place the following: '(a) The Department of Public Safety shall issue personal identification cards to persons 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, 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; THURSDAY, FEBRUARY 27, 1997 991 (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued; (11) Signature of person identified or facsimile thereof; and (12) Fingerprint of pefse identified; emd (ltJ)-Such other information as required by the department] provided, however, that the department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application.'". 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 Barnard YBarnes N Bates N Benefield N Birdsong N Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown NBuck Y Buckner YBunn Y Burkbalter YByrd Y Campbell N Canty N Carter NCash Y Channell N Childers Y Clark YCoan Y Coleman, B E Coleman, T N Connell Y Cooper N 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 N Dukes YEhrhart NEpps Y Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley Y Hammontree E Manner N Harbin N Heard NHecht Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton Y McKinney Y Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter Powell N Purcell YRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague Y Teper N Thomas NTUlman Y Titus Y Tolbert YTrense Turnquest NTwiggs N Walker, L Y Walker, R.L NWest Y Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J N Williams, R Y Worthan YYates Murphy, Spkr On the adoption of the amendment, the ayes were 63, nays 111. The amendment was lost. The following amendment was read and adopted: Representatives Kaye of the 37th, Walker of the 141st, Skipper of the 137th, Parham of the 122nd and Irvin of the 45th move to amend the Committee substitute to HB 587 by striking lines 35 through 39 of page 6 and inserting in lieu thereof the following: 992 JOURNAL OF THE HOUSE, "applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person^ By striking lines 13 through 18 of page 8 and inserting in lieu thereof the following: "any current employee. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department^". The following amendment was read: Representative Kaye of the 37th moves to amend the Committee substitute to HB 587 by striking line 43 of page 4 and inserting in lieu thereof the following: "enforcement agency of this state or of any political subdivision thereof for use in investigations or". By striking line 2 of page 5 and inserting in lieu thereof the following: "or to the driver's licensing agency of another state^ provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the driver's licensing agency of another state shall be limited to name, address, driver identification number, and medical or disability information;". The following amendment was read and adopted: Representatives Irvin of the 45th, Walker of the 141st and Kaye of the 37th move to amend the Kaye amendment to the Committee substitute to HB 587 as follows: By striking lines 3 through 6. The Kaye amendment, as amended, was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Andereon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates YBenefield Y Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Y Buck YBuckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Childere Y Clark Y Coan Y Coleman, B E Coleman, T Y Council Y Cooper 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 Diion, H Y Diion, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree E Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee THURSDAY, FEBRUARY 27, 1997 993 Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandaU YRay Y Reaves Y Eeichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y SneUing YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest NTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 172, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The Speaker announced the House in recess until 1:45 o'clock this afternoon. 994 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 381. By Representative Shaw of the 176th: A resolution recognizing the importance of ground water in the State of Georgia; commending the water well drilling industry in Georgia and the Georgia Drillers Association. HR 384. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution paying tribute to Coach James Wallace "Wally" Butts. HR 385. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Mr. Charles A. Gordon. HR 386. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution commending Harold F. Holtz. HR 387. By Representatives Shipp of the 38th and Wiles of the 34th: A resolution commending Kennesaw State University and Vaughan Elementary School. HR 388. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution expressing regret at the passing of Ellie Wilson Greene, Sr. HR 389. By Representatives Stancil of the 91st and Hudgens of the 24th: A resolution expressing regret at the passing of Honorable Brooks Pennington. HR 390. By Representatives Powell of the 23rd, Murphy of the 18th, Hudgens of the 24th and McCall of the 90th: A resolution expressing condolences on the death of Louie Maxwell "Max" Clark, Jr. HR 391. By Representative Powell of the 23rd: A resolution commending and honoring C. 0. "Bucky" Coggin. HR 392. By Representative Powell of the 23rd: A resolution honoring John Stanley Teasley. The Speaker assumed the Chair. THURSDAY, FEBRUARY 27, 1997 995 Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 654. By Representative Lord of the 121st: A bill to amend Title 33 of the Official Code of Georgia Annotated, the "Georgia Insurance Code," so as to change provisions relating to health insurance and other forms of health 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 Andersen YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Bunn N Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childere Y Clark NCoan Y Coleman, B E Coleman, T Y Connell Y Cooper Y Crawford Crews Y Culbreth Y Cummings Y Davis, G Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree E Manner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox Mann Y Manning Y Martin, J Martin, J.L YMassey Y McBee Y McCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTittman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 154, nays 3. The Bill, having received the requisite constitutional majority, was HR 272. By Representative James of the 140th: A resolution authorizing the conveyance of certain state owned real property located in Taylor 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 follows: 996 JOURNAL OF THE HOUSE, Y Alien Y Andereon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B E Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YBhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree E Hanner Y Harbin Y Heard YHecht HeckstaU Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 407. By Representatives Dobbs of the 92nd, Barfoot of the 155th, Greene of the 158th, Breedlove of the 85th and Powell of the 23rd: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to pardons and paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may hold certain elective or appointive office. The following Committee substitute was read and withdrawn: A BILL To amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to the Board of Pardons and Paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may hold certain elective or appointive offices; to provide that board employees are not required to resign their employment if they become candidates for or accept appointment to certain public offices; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 9 of Title 42, relating to general provisions relative to the Board of Pardons and Paroles, is amended by striking in its entirety Code Section 42-9-15, relating to conflicts of interest by members or employees of the board, and inserting in its place the following: THURSDAY, FEBRUARY 27, 1997 997 "42-9-15. (a) Ne Except as provided in subsections (b) and (c) of this Code section, no member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other full-time public office which business, profession, or office conflicts with his or her official duties as a member of the board or as an employee thereof; nor shall he or she serve as a representative of any political party or any executive committee or other governing body thereof, or as an executive officer or employee of any political committee, organization, or association; nor shall he or she be engaged on the behalf of any candidate for a full-time public office in the solicitation of voteSj e* otherwise become ft candidate fer public office, without resigning from the board or from employment by the board. (b) Except as provided by subsection (c) of this Code section, an employee of the board shall not be required to resign from employment by the board if he_ or she becomes a candidate for a public office which does not require full-time service or accepts appointment to such an office. (c) An employee of the board shall be required to resign from employment by the board if he or she becomes a candidate for or accepts appointment to the General Assembly or a public office which requires full-time service." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Dobbs of the 92nd and Martin of the 47th, was read and adopted: A BILL To amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to the Board of Pardons and Paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may engage in certain businesses or professions or hold certain offices and may hold certain elective or appointive offices; to provide that board employees are not required to resign their employment if they become candidates for or accept appointment to certain public offices; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 9 of Title 42, relating to general provisions relative to the Board of Pardons and Paroles, is amended by striking in its entirety Code Section 42-9-15, relating to conflicts of interest by members or employees of the board, and inserting in its place the following: "42-9-15. (a) Ne Except as provided in subsections (b) and (c) of this Code section, no member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other public office which business, profession, or office conflicts with his or her official duties as a member of the board or as an employee thereof; nor shall he or she serve as a representative of any political party or any executive committee or other governing body thereof, or as an executive officer or employee of any political committee, organization, or association; nor shall he or she be engaged on the behalf of any candidate for public office in the solicitation of votes or otherwise become a candidate for public office, without resigning from the board or from employment by the board. 998 JOURNAL OF THE HOUSE, (b) Except as provided by subsection (c) of this Code section, an employee of the board shall not be required to resign from employment by the board if he or she becomes a candidate for a public office of a county, school district, or municipality which does not require full-time service or accepts appointment to such an office. (c) An employee of the board shall be required to resign from employment by the board if he or she becomes a candidate for the General Assembly or becomes a candidate for or accepts appointment to a public office which requires full-time service." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 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 substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot YBarnard YBarnes Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhaiter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark Coan Y Coleman, B E Coleman, T Connell Y Cooper Y Crawford Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YD Diion, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Ployd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree E Manner Y Harbin Y Heard Hecht HeckstaU Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Scott Y Shanahan YShaw Y SherriU Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Natural Resources: THURSDAY, FEBRUARY 27, 1997 999 HB 758. By Representative Royal of the 164th: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for additional requirements with respect to the provision of certain services. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 510. By Representatives Shanahan of the 10th, Hanner of the 159th, Sauder of the 29th, Shipp of the 38th, Breedlove of the 85th and others: 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 authorize the director of the Environmental Protection Division of the department of Natural Resources to grant a waiver of certain fees under certain circumstances. The following Committee substitute was read and adopted: 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 authorize the director of the Environmental Protection Division of the department of Natural Resources to grant a waiver of a portion of certain fees under certain circumstances; to provide that the Board of Natural Resources shall promulgate rules and regulations relative to such waiver; 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 2 of Article 3 of Chapter 8 of Title 12, the "Georgia Hazardous Site Response Act," is amended in Code Section 12-8-93, relating to certain powers and duties of the board of natural resources, by striking the word "and" at the end of paragraph (4) of subsection (b), by striking the symbol "." at the end of paragraph (5) of such subsection and inserting in lieu thereof the word and symbol "; and", and by inserting immediately following such paragraph (5) the following: "(6) Rules and regulations governing the waiver of hazardous waste management fees and hazardous substance reporting fees as provided in subsection (i) of Code Section 12-8-95.1." SECTION 2. Said part is further amended by inserting at the end of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, the following: "(i) In accordance with rules promulgated by the board pursuant to paragraph (6) of Code Section 12-8-93, the director is authorized to grant a waiver of a portion of the hazardous waste management fees and hazardous substance reporting fees provided by subsection (a) of this Code section not to exceed a 25 percent reduction per year for a maximum of three years for any company as an incentive upon the recommendation of the director of the Pollution Prevention Assistance Division made in conjunction with programs and activities designed to encourage industries in the state to reduce their generation of wastes, including but not limited to programs established to recognize and reward pollution performance and environmental improvement." 1000 JOURNAL OF THE HOUSE, SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on 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 substitute, 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 Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B E Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStalUngs Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 166, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HR 271. By Representatives Snelling of the 99th and Worthan of the 98th: A resolution authorizing the conveyance of certain state owned real property located in Douglas County. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 126, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. THURSDAY, FEBRUARY 27, 1997 1001 HB 438. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to repeal a provision relating to the transfer of at-risk unruly or delinquent youth to the custody of the Department of Corrections. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 408. By Representative Barnes of the 33rd: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, 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 following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, 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; to provide that the filing of the certificate provided for in Code Section 19-5-13.1 shall serve as notice to bona fide purchasers and lenders for value; to provide for the filing of such certificates in the deed records of the county or counties in which the property is located; to provide for the contents of such certificate; to provide for practices, procedures, and requirements relating to such certificate and the filing thereof; to provide for costs and the payment thereof; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by adding, following Code Section 19-5-13, a new Code Section 19-5-13.1 to read as follows: "19-5-13.1. (a) When a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to this chapter, 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 filing of the certificate provided for in this Code section shall serve as notice to bona fide purchasers and lenders for value. The certificate shall: 1002 JOURNAL OF THE HOUSE, (1) Identify the individual receiving the real property or interest and the individual from whom the real property or interest is transferred; (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 identify 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 court that the information in the certificate is correct. (b) The certificate to be filed pursuant to subsection (a) of this Code section shall be accompanied 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 party or parties, as determined by the court. (c) The clerk of any superior court receiving the certificate provided for 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 certificate as follows: (1) The grantor is the name of person from whom the real estate or interest is transferred; and (2) The grantee is the name of the individual or individuals to whom the award was made. (d) Upon the filing and recording of the certificate, as provided for in subsection (c) of this Code section, the certificate shall be returned to the court from whom it was received for inclusion in the court's permanent file. The court shall not be required to enter a certificate on the minutes of the court after the return of a certificate recorded pursuant to subsection (c) of this Code section." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval, and the provisions of this Act shall be applicable to all awards of real property made on or after such effective 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 substitute, 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 YBarfoot Y Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Buikhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channel! Y Childera Y Clark Y Coan Y Coleman, B E Coleman, T Y Connell Y Cooper Crawford Y Crews Y Culbreth Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G E Dix Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Khrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgena Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee THURSDAY, FEBRUARY 27, 1997 1003 YMcCall McClinton YMcKinney Y Mills YMobley YMosley YMueller Y O'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry YPinholster Y Poag YPolak Y Ponder Y Porter YPowell Y Puicell Y Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tilhnan Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 substitute. HB 295. By Representative Lucas of the 124th: A bill to amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt. The following Committee substitute was read and adopted: A BILL To amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt; to provide for grant of supersedeas after a specified finding; to provide for enforcement by contempt action; 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 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, is amended by redesignating current subsection (b) as subsection (d) and by inserting new subsections (b) and (c) to read as follows: "(b) Notwithstanding the provisions of Code Section 5-6-13, an appeal or a notice of intent to appeal an adjudication of contempt of court of a party subject to an interlocutory or final judgment in a court action for an injunction instituted under authority of this Code section for a violation of a licensing requirement of this title shall not operate as a supersedeas unless it is so ordered by the court; provided, however, that the court may grant a supersedeas in such a case after making a finding that the health, safety, or welfare of the recipients of the services will not be substantially harmed by the issuance of the stay. (c) Unless otherwise ordered by the court pursuant to subsection (b) of this Code section, an interlocutory or final judgment in an action granting an injunction under this Code section may be enforced by attachment for contempt." 1004 JOURNAL OF THE HOUSE, SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andereon YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B E Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G ED Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey YMcBee YMcCall McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyie Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 165, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 416. By Representatives Martin of the 47th, Henson of the 65th, O'Neal of the 75th, Jones of the 71st, Culbreth of the 132nd and others: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for licensing of associate professional counselors. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: THURSDAY, FEBRUARY 27, 1997 1005 Y Alien Y Anderson YAshe YBaUey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Davis, M Day Y DeLoach, B Y DeLoach, G EDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y SneUing YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 451. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for 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 roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G EDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann 1006 JOURNAL OF THE HOUSE, Y Manning Y Martin, J Y Martin, J.L YMassey YMcBe YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandaU YRay Reaves Reicbert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Sbanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTilhnan Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the vote of Representative Reichert of the 126th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 620. By Representative Randall of the 127th: A bill to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-state-bail jumping; to change the penalties for the offense of out-of-state-bail jumping. The following Committee substitute was read and adopted: A BILL To amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-statebail jumping; to change the penalties for the offense of out-of-state-bail jumping; to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide that the surety shall be released from liability if, prior to entry of judgment, there is the use of a false name by the principal when he or she was bound over and committed to jail or a correctional institution and subsequently released from such facility unless the surety knew that the principal used a false name; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c)(l) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on his or her own recognizance upon the condition that he or she will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the person defendant by mailing to his the defendant's last known address or otherwise being notified personally in writing by a court official or officer of the court, leaves the state to avoid appearing atvet faite witheat sufficient esease te appear in court at such time and pteee commits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail THURSDAY, FEBRUARY 27, 1997 1007 jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three five years or by a fine of not less than $1,000.00 nor more than $3,000.00 $5.000.00, or both. (2) Paragraph (1) of this subsection shall apply only to the following misdemeanors: (A) Abandonment, as provided in Code Sections 19-10-1 and 19-10-2; (B) Simple assault, as provided in Code Section 16-5-20; (C) Carrying deadly weapon to public gathering, as provided in Code Section 16-11-127; (D) Bad checks, as provided in Code Section 16-9-20; (E) Simple battery, as provided in Code Section 16-5-23; (F) Bribery, as provided in Code Section 16-10-3; (G) Failure to report child abuse, as provided in Code Section 19-7-5; (H) Criminal trespass, as provided in Code Section 16-7-21; (I) Contributing to the delinquency of a minor, as provided in Code Section 16-12-1; (J) Escape, as provided in Code Sections 16-10-52 and 16-10-53; (K) Tampering with evidence, as provided in Code Section 16-10-94; (L) Family violence, as provided in Code Section 19-13-6; (M) Deceptive business practices, as provided in Code Section 16-9-50; (N) Reserved; (0) Fraud in obtaining public assistance, food stamps, or Medicaid, as provided in Code Section 49-4-15; (P) Reckless conduct, as provided in Code Section 16-5-60; (Q) Any offense under Chapter 8 of this title which is a misdemeanor; (R) Any offense under Chapter 13 of this title which is a misdemeanor; and (S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391:; (T) Driving without a license in violation of Code Section 40-5-20 or driving while a license is suspended or revoked as provided in Code Section 40-5-121; and (U) Any offense under Code Section 40-6-10, relating to requirement of the operator or owner of a motor vehicle to have proof of insurance." SECTION 2. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking subsection (d) of Code Section 17-6-31, relating to the surrender of principal by surety and forfeiture of bond, and inserting in lieu thereof a new subsection (d) to read as follows: "(d) Furthermore, the surety shall be released from liability if, prior to entry of judgment, there is: (1) A deferred sentence; (2) A presentence investigation; (3) A court ordered pretrial intervention program; (4) A court ordered educational and rehabilitation program; (5) A fine; (6) A dead docket; er (7) Death of the principal^ or (8) The use of a false name by the principal when he or she was bound over and committed to jail or a correctional institution and subsequently released from such facility unless the surety knew that the principal used a false name." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 1008 JOURNAL OF THE HOUSE, Alien Y Anderson Y Asihe Y Bailey Baker Y Bannister Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown YBuck Y Buckner Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Day Y DeLoach, B Y DeLoach, G EDix Y Diion, H Y Dixon, S YDobbs Y Dukes N Ehrhart YEpps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht HeckstaU Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce NKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Maddoi NMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott YShanahan YShaw Y SherrUl Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow Y Stallings Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West N Westmoreland Y Whitaker N Wiles Y Williams, B N Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 144, nays 15. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th, Walker of the 141st, Skipper of the 137th 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. The following amendment was read: Representative Smyre of the 136th, et al. move to amend HB 95 by striking line 23 of page 3 in its entirety and inserting in lieu thereof the following: "Client: psc Plan: coalitionl.'" District No. 1 APPLING ATKINSON BACON BALDWIN BEN HILL BERRIEN THURSDAY, FEBRUARY 27, 1997 1009 BLECKLEY BRANTLEY BRYAN BULLOCH BURKE CAMDEN CANDLER CHARLTON CHATHAM CLINCH COFFEE COLUMBIA DODGE ECHOLS EFFINGHAM EMANUEL EVANS GLASCOCK GLYNN HANCOCK IRWIN JEFF DAVIS JEFFERSON JENKINS JOHNSON LANIER LAURENS LIBERTY LONG MCDUFFIE MCINTOSH MONTGOMERY PIERCE RICHMOND SCREVEN TATTNALL TELFAIR TOOMBS TREUTLEN TWIGGS WARE WARREN WASHINGTON WAYNE WHEELER WILKINSON District No. 2 BAKER BIBB BROOKS BUTTS CALHOUN CHATTAHOOCHEE CLAY COLQUITT COOK 1010 CRAWFORD CRISP DECATUR DOOLY DOUGHERTY EARLY GRADY HARRIS HEARD HOUSTON JASPER JONES LAMAR LEE LOWNDES MACON MARION MERIWETHER MILLER MITCHELL MONROE MUSCOGEE PEACH PIKE PULASKI PUTNAM QUITMAN RANDOLPH SCHLEY SEMINOLE STEWART SUMTER TALBOT TAYLOR TERRELL THOMAS TIFT TROUP TURNER UPSON WEBSTER WILCOX WORTH District No. 3 CLAYTON DEKALB FULTON Tract: 0001. Tract: 0002. Tract: 0004. Tract: 0005. Tract: 0006. Tract: 0007. Tract: 0008. Tract: 0010.95 Tract: 0011. JOURNAL OF THE HOUSE, THURSDAY, FEBRUARY 27, 1997 1011 Tract: 0012. Tract: 0013. Tract: 0014. Tract: 0015. Tract: 0016. Tract: 0017. Tract: 0018. Tract: 0019. Tract: 0020. Tract: 0021. Tract: 0022. Tract: 0023. Tract: 0024. Tract: 0025. Tract: 0026. Tract: 0027. Tract: 0028. Tract: 0029. Tract: 0030. Tract: 0031. Tract: 0032. Tract: 0033. Tract: 0035. Tract: 0036. Tract: 0037. Tract: 0038. Tract: 0039. Tract: 0040. Tract: 0041. Tract: 0042.95 Tract: 0043. Tract: 0044. Tract: 0046.95 Tract: 0048. Tract: 0049.95 Tract: 0050. Tract: 0052. Tract: 0053. Tract: 0055.01 Tract: 0055.02 Tract: 0056. Tract: 0057. Tract: 0058. Tract: 0060. Tract: 0061. Tract: 0062. Tract: 0063. Tract: 0064. Tract: 0065. Tract: 0066.01 Tract: 0066.02 Tract: 0067. Tract: 0068.01 Tract: 0068.02 Tract: 0069. Tract: 0070. Tract: 0071. 1012 Tract: 0072. Tract: 0073. Tract: 0074. Tract: 0075. Tract: 0076.01 Tract: 0076.02 Tract: 0077.01 Tract: 0077.02 Tract: 0078.02 Tract: 0078.03 Tract: 0078.04 Tract: 0079. Tract: 0080. Tract: 0081.01 Tract: 0081.02 Tract: 0082.01 Tract: 0082.02 Tract: 0083.01 Tract: 0083.02 Tract: 0084. Tract: 0085. Tract: 0086.01 Tract: 0086.02 Tract: 0087.01 Tract: 0087.02 Tract: 0088. - Tract: 0089. Tract: 0090. Tract: 0091. Tract: 0092. Tract: 0093. Tract: 0094.01 Tract: 0094.02 Tract: 0095. Tract: 0096. Tract: 0097. Tract: 0098. Tract: 0099. Tract: 0100. Tract: 0101.01 Tract: 0101.03 Tract: 0101.05 Tract: 0101.06 Tract: 0101.07 Tract: 0101.08 Tract: 0102.01 Tract: 0102.03 Tract: 0102.04 Tract: 0102.05 Tract: 0103.01 Tract: 0103.02 Tract: 0104. Tract: 0105.03 Tract: 0105.04 Tract: 0105.05 Tract: 0105.06 Tract: 0106.01 JOURNAL OF THE HOUSE, THURSDAY, FEBRUARY 27, 1997 1013 Tract: 0106.02 Tract: 0107. Tract: 0108. Tract: 0109. Tract: 0110. Tract: 0111. Tract: 0112.01 Tract: 0112.02 Tract: 0113.01 Tract: 0113.02 Tract: 0114.06 Block: 201B, 202, 299D, 299E, 299F, 299G, 905, 999 Tract: 0114.10 Block: 199 District No. 4 BANKS BARROW CATOOSA CHEROKEE CLARKE DADE DAWSON ELBERT FANNIN FORSYTH FRANKLIN GILMER GREENE GWINNETT HABERSHAM HALL HART JACKSON LINCOLN LUMPKIN MADISON MORGAN MURRAY OCONEE OGLETHORPE PICKENS RABUN STEPHENS TALIAFERRO TOWNS UNION WALKER WALTON WHITE WHITFIELD WILKES District No. 5 BARTOW CARROLL CHATTOOGA 1014 JOURNAL OF THE HOUSE, COBB COWETA DOUGLAS FAYETTE FLOYD FULTON Tract: 0114.03 Tract: 0114.04 Tract: 0114.05 Tract: 0114.06 Block Group: 1 Block: 201A, 299A, 299B, 299C Block Group: 3 Block Group: 4 Block Group: 8 Block: 901, 902, 903, 904, 906, 907, 908, 909 Tract: 0114.07 Tract: 0114.08 Tract: 0114.09 Tract: 0114.10 Block: 101, 102 Block Group: 2 Block Group: 5 Tract: 0114.11 Tract: 0115. Tract: 0116.01 Tract: 0116.02 Tract: 0116.03 GORDON HARALSON HENRY NEWTON PAULDING POLK ROCKDALE SPALDING On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Andereon Ashe Y Bailey Y Baker N Bannister YBarfoot N Barnard N Barnes Y Bates Y Benefield YBirdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown Y Buck YBuckner N Bunn N Burkhalter Y Byrd N Campbell Y Canty Y Carter N Cash Y Channell YChilders N Clark N Coan N Coleman, B Y Coleman, T Y Connell N Cooper N Crawford N Crews Y Culbreth N Cummings Y Davis, G N Davis, M E Day Y DeLoach, B N DeLoach, G E Dix Y Diion, H N Dixon, S Y Dobbs Dukes N Ehrhart Y Epps N Evans N Everett N Felton Y Floyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin Y Heard N Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin N Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce N Kaye N Ladd Y Lakly N Lane Y Lee N Lewis Y Lord Y Lucas Y Maddox N Mann N Manning Y Martin, J N Martin, J.L N Massey N McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster THURSDAY, FEBRUARY 27, 1997 1015 YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts N Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid Y Scott N Shanahan YShaw Y Sherrill N Shipp YSims Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snelling YSnow YStalUngs Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman N Titus N Tolbert Trense Y Tumquest YTwiggs Y Walker, L N Walker, R.L Y West N Westmorland Y Whitaker N Wiles NWUliams, B N WilUams, J N Williams, R N Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 98, nays 73. The amendment was adopted. The following amendment was read: Representatives Tolbert of the 25th, Rogers of the 20th, McBee of the 88th, Jamieson of the 22nd and McCall of the 90th move to amend HB 95 by striking line 23 of page 3 in its entirety and inserting in lieu thereof the following: "Client: psc Plan: tolbertl.'" District No. 1 BANKS BARROW BARTOW CATOOSA CHATTOOGA CHEROKEE CLARKE DADE DAWSON ELBERT FANNIN FLO YD FORSYTH FRANKLIN GILMER GORDON GWINNETT Tract: 0501.01 Tract: 0501.02 Tract: 0502.02 Tract: 0502.03 Tract: 0502.04 Tract: 0503.04 Tract: 0503.05 Tract: 0503.06 Tract: 0503.07 Tract: 0503.08 Tract: 0503.09 Tract: 0503.10 Tract: 0503.11 Tract: 0503.12 Tract: 0503.13 Tract: 0503.14 1016 JOURNAL OF THE HOUSE, Tract: 0504.06 Block: 201A Tract: 0505.02 Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134C, 135, 136, 137, 138 Tract: 0505.03 Tract: 0505.08 Block Group: 2 Block Group: 8 Tract: 0505.09 Tract: 0506.01 Tract: 0506.02 Tract: 0507.05 Block: 101, 102A, 102B, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 127, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 160C, 161A, 161B, 162A, 162B, 163, 201, 202, 203 HABERSHAM HALL HART JACKSON LUMPKIN MADISON MURRAY OCONEE PICKENS POLK RABUN STEPHENS TOWNS UNION WALKER WALTON WHITE WHITFIELD District No. 2 BUTTS CLAYTON COWETA DEKALB FAYETTE GWINNETT Tract: 0504.03 Tract: 0504.06 Block Group: 1 Block: 201B, 202, 203, 204, 205 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0504.07 Tract: 0504.08 Tract: 0504.09 Tract: 0504.10 Tract: 0504.11 Tract: 0504.12 THURSDAY, FEBRUARY 27, 1997 1017 Tract: 0504.13 Tract: 0504.14 Tract: 0504.15 Tract: 0504.16 Tract: 0505.02 Block: 134A, 134B Tract: 0505.05 Tract: 0505.06 Tract: 0505.07 Tract: 0505.08 Block Group: 1 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0507.04 Tract: 0507.05 Block: 122, 123, 124, 125A, 125B, 125C, 126, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 149, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 213C, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223A, 223B, 224, 226 Tract: 0507.06 Tract: 0507.07 Tract: 0507.08 Tract: 0507.09 Tract: 0507.10 Tract: 0507.11 Tract: 0508.98 HEARD HENRY JASPER MORGAN NEWTON PUTNAM ROCKDALE SPALDING District No. 3 CARROLL COBB DOUGLAS FULTON HARALSON PAULDING District No. 4 APPLING BACON BALDWIN BLECKLEY BRANTLEY BRYAN BULLOCH BURKE CAMDEN CANDLER 1018 CHARLTON CHATHAM COFFEE COLUMBIA DODGE EFFINGHAM EMANUEL EVANS GLASCOCK GLYNN GREENE HANCOCK JEFF DAVIS JEFFERSON JENKINS JOHNSON JONES LAURENS LIBERTY LINCOLN LONG MCDUFFIE MCINTOSH MONTGOMERY OGLETHORPE PIERCE RICHMOND SCREVEN TALIAFERRO TATTNALL TELFAIR TOOMBS TREUTLEN TWIGGS WARE WARREN WASHINGTON WAYNE WHEELER WILKES WILKINSON District No. 5 ATKINSON BAKER BEN HILL BERRIEN BIBB BROOKS CALHOUN CHATTAHOOCHEE CLAY CLINCH COLQUITT COOK CRAWFORD CRISP JOURNAL OF THE HOUSE, THURSDAY, FEBRUARY 27, 1997 1019 DECATUR DOOLY DOUGHERTY EARLY ECHOLS GRADY HARRIS HOUSTON IRWIN LAMAR LANIER LEE LOWNDES MACON MARION MERIWETHER MILLER MITCHELL MONROE MUSCOGEE PEACH PIKE PULASKI QUITMAN RANDOLPH SCHLEY SEMINOLE STEWART SUMTER TALBOT TAYLOR TERRELL THOMAS TIFT TROUP TURNER UPSON WEBSTER WILCOX WORTH The following amendment was read and adopted: Representative Irvin of the 45th moves to amend the Tolbert amendment to HB 95 as follows: Changing District Number 2 to District Number 3, and District Number 3 to District Number 2, wherever they occur. On the adoption of the Tolbert amendment, as amended, the roll call was ordered and the vote was as follows: N Alien N Andereon YAshe Y Bailey Baker Y Bannister N Barfoot Y Barnard YBarnes N Bates Y Benefleld N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown N Buck Y Buckner Y Bunn Y Burkhalter N Byrd Y Campbell Canty Y Carter Y Cash N Channel! N Childers 1020 JOURNAL OF THE HOUSE, Y Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Da , G Y Davis, M EDay N DeLoach, B Y DeLoach, G EDix N Dixon, H N Dixon, S YDobbs N Dukes YEhrhart NEpps YKvans Y Everett Y Felton N Ployd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin Y Heard YHecht Heckstall N Hegstrom N Henson N Holland Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Y Jamieson N Jenkins N Johnson N Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey Y McBee YMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Fairish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter Y Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan NShaw N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre Y Snelling Y Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor N Teague NTeper N Thomas NTiUman N Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L N Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 79, nays 93. The amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson NAshe Y Bailey Baker N Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown YBudt Y Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty Y Carter YCash YChannell Y Childere N Clark NCoan N Coleman, B Y Coleman, T Y Connell N Cooper N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M EDay Y DeLoach, B N DeLoach, G EDix Y Dixon, H Y Dixon, S YDobbs Y Dukes N Ehrhart YEpps N Evans Y Everett N Felton Y Floyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Y Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox NMann N Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Mueller Y O'Neal Y Orrock YParham Y Parrish N Parsons Y Pelote Y Perry N Pinholster YPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scarlett N Scheid Y Scott Y Shanahan YShaw Y Sherrill N Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas YTiUman Y Titus Y Tolbert THURSDAY, FEBRUARY 27, 1997 1021 N Trense YTurnquest Y Twiggs Y Walker, L N Walker, R.L Y West N Westmoreland Y Whitaker N Wiles N Williams, B N Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 116, nays 57. The Bill, having received the requisite constitutional majority, was passed, as amended. Due to a mechanical malfunction, the vote of Representative Mueller of the 152nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Hudson of the 156th 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 recommendations: HB 708 Do Pass, by Substitute HB 712 Do Pass, by Substitute Respectfully submitted, /s/ Hudson of the 156th Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 377 Do Pass, by Substitute SB 103 Do Pass Respectfully submitted, /s/ Martin of the 47th Chairman Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. Speaker: Your Committee on University System of Georgia has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 682 Do Pass Respectfully submitted, /s/ Smyre of the 136th Chairman 1022 JOURNAL OF THE HOUSE, 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 389 Do Pass, by Substitute HB 531 Do Pass, by Substitute HR 366 Do Pass Respectfully submitted, M Buck of the 135th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. FRIDAY, FEBRUARY 28, 1997 1023 Representative Hall, Atlanta, Georgia Friday, February 28, 1997 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 Bailey Bannister Barfoot Barnard Bates Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Carter Cash Channel! Guilders Clark Coan Coleman, B Crawford Crews Culbreth Davis, M DeLoach, B DeLoach, G Dixon, S Dobbs Dukes Bhrhart Epps Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin Heard Hegstrom Holland Howard Hudgens Hudson, H Hudson, N Hugley Jackson Jenkins Johnson Johnston Kaye Lakly Lane Lewis Lord Maddoi Mann Manning Martin, J.L Massey McBee McKinney Mills Mobley Mosley Mueller O'Neal Parsons Pelote Perry Pinholster Poag Polak Ponder Powell Purcell Randall Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smiling S tailings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teper Thomas Tfflman Titus Tolbert Trense Twiggs Walker, R.L West Westmoreland Whitaker Wiles Williams, B Williams, J Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Hanner of the 159th, Jamieson of the 22nd, Parrish of the 144th, Parham of the 122nd, Alien of the 117th, Lucas of the 124th, Evans of the 28th, Ladd of the 59th, Joyce of the 1st, Canty of the 52nd, Porter of the 143rd, Davis of the 48th, Dixon of the 168th, Snow of the 2nd, Turnquest of the 73rd, Lee of the 94th, McCall of the 90th, Bordeaux of the 151st, Henson of the 65th, Buckner of the 95th, Teague of the 58th, Cooper of the 31st, McClinton of the 68th and Orrock of the 56th. They wish to be recorded as present. Prayer was offered by Dr. William W. Oliver, Senior Minister, Vineville United Methodist Church, Macon, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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: 1024 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 Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 805. By Representative Channell of the lllth: A bill to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County. Referred to the Committee on State Planning & Community Affairs - Local. HB 806. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 807. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the duties and powers of the chairperson. Referred to the Committee on State Planning & Community Affairs - Local. HB 808. By Representative Polak of the 67th: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide that such courts shall have jurisdiction over certain offenses. Referred to the Committee on Judiciary. HB 809. By Representatives Greene of the 158th and Barnard of the 154th: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentence, changes in sentence, eligibility for parole, prohibited modifications, and exceptions, so as to change the provisions relating to places for service of a sentence of probation which is revoked. Referred to the Committee on State Institutions & Property. HB 810. By Representative Williams of the 114th: A bill to amend Code Section 17-6-31 of the Official Code of Georgia Annotated, relating to surrender of principal by surety and forfeiture of bond, so as to provide that under certain conditions when a principal flees to a foreign country, the surety shall be released from liability on a bond. Referred to the Committee on Special Judiciary. FRIDAY, FEBRUARY 28, 1997 1025 HB 811. By Representatives Greene of the 158th, Dobbs of the 92nd and Byrd of the 170th: A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections over certain offenders, designation of the place of confinement, reimbursement of counties, and transfer of inmates to federal authority, so as to change the provisions relating to the reimbursement of counties by the Department of Corrections. Referred to the Committee on State Institutions & Property. HB 812. By Representative Davis of the 48th: A bill to specify certain requirements with respect to training in the use of telecommunications devices for the deaf (TDD's) for dispatch center communications officers; to amend Code Section 35-8-23 of the Official Code of Georgia Annotated, relating to training and certification of public safety communications officers, so as to require such training for newly certified communications officers. Referred to the Committee on Public Safety. HB 813. By Representative Davis of the 48th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating the Georgia Bowler's Association. Referred to the Committee on Motor Vehicles. HB 814. By Representatives Randall of the 127th, Westmoreland of the 104th and Dukes of the 161st: A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing. Referred to the Committee on Appropriations. HB 815. By Representative Holmes of the 53rd: A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, so as to provide for the mailing of absentee ballots for general and special primaries and elections held during the remainder of a calendar year upon one proper application by any of certain eligible absentee electors who are elderly or disabled. Referred to the Committee on Governmental Affairs. HB 816. 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 change certain provisions relating to absentee ballots. Referred to the Committee on Governmental Affairs. 1026 JOURNAL OF THE HOUSE, HB 817. 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 change certain provisions regarding the printing of certain candidates' names on election ballots and ballot labels in elections and primaries generally; to provide for public access to polling places during the official count. Referred to the Committee on Governmental Affairs. HB 818. 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 delete certain provisions relating only to the 1992 and 1996 primaries. Referred to the Committee on Governmental Affairs. HB 819. 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 change certain provisions relating to ballot labels in nonpartisan primaries; to provide for separate vote recorders for each party in primaries; to authorize nonpartisan poll watchers and to incorporate certain State Election Board rules into the elections code provisions governing poll watchers. Referred to the Committee on Governmental Affairs. HB 820. By Representative Holmes of the 53rd: A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of judges of state courts, so as to strike certain references to nonpartisan primaries; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for election of members of boards of education in nonpartisan elections without prior nonpartisan primaries. Referred to the Committee on Governmental Affairs. HB 821. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for setting the date of second primaries, elections, and runoffs in contested general primaries, elections, and runoffs. Referred to the Committee on Governmental Affairs. HB 822. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for persons 16 years of age and older to be appointed as poll officers in all elections. Referred to the Committee on Governmental Affairs. HB 823. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain changes in the procedures relating to registration of voters, precinct cards, and the official list of voters. Referred to the Committee on Governmental Affairs. FRIDAY, FEBRUARY 28, 1997 1027 HB 824. 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 change the definition of "numbered list of voters"; to delete certain references to said term in the provisions of said title applicable to municipal primaries and elections and to primaries and elections generally. Referred to the Committee on Governmental Affairs. HB 825. By Representative Bunn of the 74th: A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by certain county employees, so as to provide for creditable service for certain credit as a county employee. Referred to the Committee on Retirement. HB 826. By Representative Bunn of the 74th: A bill to amend Code Section 40-2-32 of the Official Code of Georgia Annotated, relating to motor vehicle license plates commemorating colleges or universities, so as to change certain provisions relating to design and issuance of such license plates. Referred to the Committee on Motor Vehicles. HB 827. By Representatives Bordeaux of the 151st and Purcell of the 147th: 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 828. By Representative Pelote of the 149th: 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 require certain employers doing business in Georgia to make reports to the child support registry of the Department of Human Resources; to establish an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions, including requirements for notice and judicial review. Referred to the Committee on Judiciary. HB 829. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act entitled "An Act to create the Richmond Hill Area Convention and Visitors Bureau Authority," so as to change certain provisions relating to membership of the authority. Referred to the Committee on State Planning & Community Affairs - Local. 1028 JOURNAL OF THE HOUSE, HB 831. By Representatives Bunn of the 74th, Davis of the 48th, Tillman of the 173rd, Brown of the 130th, Crawford of the 129th and others: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide an extended period for cancellation of home solicitation sales agreements by persons 65 years of age or older; to provide a cancellation period of ten business days for telephone or home solicitation sales to persons 65 years of age or older. Referred to the Committee on Industry. HB 832. By Representatives Parsons of the 40th, Shipp of the 38th and Harbin of the 113th: A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to require motor vehicle insurers to notify policyholders of any premium discounts offered on policies covering teen-aged drivers due to certain factors. Referred to the Committee on Insurance. HB 833. By Representatives Stallings of the 100th and West of the 101st: A bill to repeal an Act creating a board of elections in certain counties. Referred to the Committee on State Planning & Community Affairs - Local. HB 834. By Representative Ashe of the 46th: A bill to amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to sales on farm wineries and in special entertainment districts, 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 835. By Representatives Porter of the 143rd, Shanahan of the 10th, Hanner of the 159th and Jamieson of the 22nd: A bill to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period of imposition of a special tax on the sale of new tires; to provide for the certification of scrap tires as being from this state; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rates, and computation of and exemptions from income taxes, so as to define certain terms. Referred to the Committee on Ways & Means. HB 836. By Representative Smith of the 169th: A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide for an exception to sovereign immunity for certain damage caused by state owned wildlife; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to expressly waive sovereign immunity of the state for certain damage caused by deer colliding with vehicles on public roads. Referred to the Committee on Judiciary. FRIDAY, FEBRUARY 28, 1997 1029 HB 837. By Representatives Bannister of the 77th, Sanders of the 107th, Turnquest of the 73rd, Ehrhart of the 36th and Bradford of the 30th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, so as to enact the "Workers' Compensation Statistical Reporting and Experience Modification Factor Enforcement Act". Referred to the Committee on Industrial Relations. HB 838. By Representative Perry of the llth: A bill to provide a $40,000.00 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 839. By Representatives James of the 140th and Ray of the 128th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for issuance of special license plates to support dog and cat sterilization programs and programs to prevent cruelty to animals. Referred to the Committee on Motor Vehicles. HB 840. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th, Dixon of the 150th and Mueller of the 152nd: A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide for the offense of vandalism to a cemetery or memorial. Referred to the Committee on Special Judiciary. HB 842. By Representatives Teper of the 61st, Martin of the 47th, Polak of the 67th, Ragas of the 64th, Mobley of the 69th and others: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person. Referred to the Committee on Special Judiciary. HB 843. By Representative Powell of the 23rd: A bill to amend an Act entitled "An Act to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence or right of entry to any entertainment event," so as to change the effective dates relative to said Act. Referred to the Committee on Industry. 1030 JOURNAL OF THE HOUSE, HB 844. By Representative Floyd of the 138th: A bill to amend Code Section 12-4-72, relating to definitions relative to the "Georgia Surface Mining Act of 1968," so as to provide that certain borrow pits shall not be regulated as surface mines. February 28, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 844. This notice is made prior to or upon reading the bill the first time. /s/ Johnny Floyd Representative 138th District Referred to the Committee on Natural Resources & Environment. HB 845. By Representatives Floyd of the 138th and James of the 140th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Hawkinsville Civitan Club's "Shoot the Bull" barbecue championship as the state's official beef barbecue championship cookoff; to designate the "Slosheye Trail Big Pig Jig" as the state's official pork barbecue cookoff. February 27, 1997 Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 845. This notice is made prior to or upon reading the bill the first time. /s/ Johnny Floyd Representative 138th District Referred to the Committee on State Planning & Community Affairs. HB 846. By Representative McCall of the 90th: 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 for victim notification when a person convicted of family violence battery is released or escapes from custody. Referred to the Committee on Special Judiciary. HB 847. By Representatives Johnston of the 81st and Irvin of the 45th: A bill to amend Chapters 5 and 6 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses and uniform rules of the road, respectively, so as to provide for permanent revocation of the driver's license of any person convicted of three or more violations of specified provisions of Code Section 40-6-391 within two years. Referred to the Committee on Special Judiciary. FRIDAY, FEBRUARY 28, 1997 1031 HB 848. By Representatives Dixon of the 150th and Benefield of the 96th: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain provisions relating to permits for excess weight and dimensions. Referred to the Committee on Transportation. HR 382. By Representative Stancil of the 91st: A resolution designating the Brooks Pennington Memorial Parkway. Referred to the Committee on Transportation. HR 394. By Representative Ashe of the 46th: A resolution creating the Joint Study Committee on Hunger. Referred to the Committee on Rules. HR 395. By Representatives Smith of the 169th, Benefield of the 96th, Coleman of the 142nd, Mosley of the 171st, Powell of the 23rd and others: A resolution directing the Georgia Rail Passenger Authority to undertake certain studies concerning passenger rail service. Referred to the Committee on Transportation. HR 396. By Representatives Felton of the 43rd, Barnes of the 33rd, Walker of the 141st, Irvin of the 45th, Davis of the 60th and others: A resolution proposing an amendment to the Constitution so as to provide that persons who have been convicted of a felony are not eligible to hold elective office except in specified circumstances. Referred to the Committee on Judiciary. HR 397. By Representatives Bannister of the 77th, Hammontree of the 4th, Sanders of the 107th, Howard of the 118th, Turnquest of the 73rd and others: A resolution creating the House Study Committee on Group Self-insurance and Captive Insurers Guaranty Funds. Referred to the Committee on Rules. HR 398. By Representative Jenkins of the 110th: 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 Resolution of the House could be introduced, read the first time and referred to the committee: HR 401. By Representative Orrock of the 56th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Fulton County. Referred to the Committee on State Institutions & Property. 1032 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 776 HB 777 HB 779 HB 780 HB 781 HB 782 HB 783 784 HR 7fi "t> 'Ho HB 787 TTD *7QQ HB 7'898 HB 790 HB 791 HB 792 HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HB 799 HB 800 HB 801 HB 802 HB 803 TTD an,i Hlj 830 HWBR 8B4A11 HR 379 SB 70 SB 215 SB 245 SB 254 Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 193 Do Pass, by Substitute HB 650 Do Pass, by Substitute Respectfully submitted, /s/ Martin of the 47th 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 764 Do Pass HB 768 Do Pass HB 769 Do Pass HB 770 Do Pass HB 771 Do Pass HB 772 Do Pass HB 774 Do Pass HB 775 Do Pass HB 778 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman The following report of the Committee on Rules was read and adopted: FRIDAY, FEBRUARY 28, 1997 1033 HOUSE RULES CALENDAR FRIDAY, FEBRUARY 28, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below: HB 283 Ticket scalping; charitable organizations; exemptions HB 288 Police chiefs and department heads; training requirements HB 324 Victim assistance; include magistrate court fines HB 355 Insurers; authorized investments; include government of Israel HB 553 Insurance; certain medical benefits; reimbursement (Postponed) HB 573 Insurance; Investment Pool Act of 1997; enact HB 574 Drivers' licenses and ID cards; soc sec number; prohibit; exception HB 689 Marriage licenses & vital records; appl supplement-marriage rpt 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 consideration and read the third time: HB 764. By Representative Barfoot of the 155th: A bill to amend an Act creating the Board of Commissioners of Toombs County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 768. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change fees and costs and the provisions relating thereto. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 769. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge of said court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 770. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of the court. 1034 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 771. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 772. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of the court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 774. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Pelote of the 149th and Thomas of the 148th: A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provisions relating to the compensation of the members and chairperson of said board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 775. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th, Sauder of the 29th, Barnes of the 33rd and others: A bill to amend an Act to create a board of elections and registration in Cobb County, so as to provide that a member of the board may serve for two full four-year terms, excluding time served under an interim appointment. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 778. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th, Thomas of the 148th, Day of the 153rd and others: A bill to amend an Act creating the Georgia International and Maritime Trade Center Authority, so as to provide for an additional member of such 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 previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: FRIDAY, FEBRUARY 28, 1997 1035 Y Alien Y Andereon YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChanneU Y Guilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Crawford Y Crews Y Culbreth E Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B DeLoach, G EDix Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Martin, J.L Massey Y McBee YMcCaU McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell Ragas Randall Ray Y Reaves Y Reichert YRice Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Smith, P Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Tumquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bills, the ayes were 146, nays 0. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 286. By Senator Egan of the 40th: A bill to provide a homestead exemption from all City of Atlanta School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal. HB 617. By Representatives Epps of the 131st and Smith of the 102nd: A bill to create and establish the Meriwether County Airport Authority. HB 639. By Representatives Day of the 153rd, Mueller of the 152nd, Thomas of the 148th and others: A bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. 1036 JOURNAL OF THE HOUSE, HB 640. By Representatives Jackson of the 112th and Hudson of the 120th: A bill to amend an Act providing for a seven-member Board of Education of McDuffie County, so as to change the provisions relating to compensation of the members of said board of education. HB 641. By Representatives Martin of the 145th and Lane of the 146th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bulloch County. SB 140. By Senators Marable of the 52nd, Dean of the 31st and Henson of the 55th: 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 provide that procedure for indictment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felonies. SB 165. By Senator Ragan of the llth: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a certain definition; to provide that the Department of Human Resources shall adopt state-wide regulations relating to on-site sewage management systems; to provide that local county boards of health shall have certain duties relating to such systems. SB 209. By Senators Madden of the 47th, Oliver of the 42nd, Walker of the 22nd and others: A bill to amend Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, so as to provide that no insurer, health maintenance organization, or private health benefit plan which has given prospective authorization for certain procedures may subsequently deny payment for the provision of such procedures. SB 228. By Senator Thomas of the 10th: A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to revise certain definitions; to change provisions relating to the composition of the State Board of Physical Therapy; to provide for the qualifications of board members; to change provisions relating to license requirements for physical therapists and physical therapist assistants. SB 230. By Senator Ralston of the 51st: A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption. SB 247. By Senators Bowen of the 13th, Street of the 19th, Huggins of the 53rd and others: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the applicability of certain provisions of the law relating to the issuance of licenses to former law enforcement officers to carry a pistol or revolver; to provide that Code Sections 16-11-126 through 16-11-128 shall not apply to or affect sheriffs, retired sheriffs, deputy sheriffs, or certain retired deputy sheriffs. FRIDAY, FEBRUARY 28, 1997 1037 SB 263. By Senators Perdue of the 18th, Marable of the 52nd, Dean of the 31st and others: A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation provisions to employers and employees generally, so as to provide that certain sports officials qualify as independent contractors and not as employees. SB 265. By Senator Egan of the 40th: A bill to amend Code Section 53-2-1 of the Official Code of Georgia Annotated, relating to the rules of inheritance applicable when a decedent dies without a will, as amended, so as to change the provisions relating to a spouse's inheritance. HB 167. By Representatives Baker of the 70th, Banner of the 159th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide a short title; to provide for the preservation and management of the coastal zone. SB 273. By Senators Hill of the 4th, Burton of the 5th, Thomas of the 10th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place; to provide what shall constitute proper identification; to provide for an alternative procedure for certification of identification. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 140. By Senators Marable of the 52nd, Dean of the 31st and Henson of the 55th: 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 provide that procedure for indictment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felonies. Referred to the Committee on Special Judiciary. SB 165. By Senator Ragan of the llth: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a certain definition; to provide that the Department of Human Resources shall adopt state-wide regulations relating to on-site sewage management systems; to provide that local county boards of health shall have certain duties relating to such systems. Referred to the Committee on Health & Ecology. 1038 JOURNAL OF THE HOUSE, SB 209. By Senators Madden of the 47th, Oliver of the 42nd, Walker of the 22nd and others: A bill to amend Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, so as to provide that no insurer, health maintenance organization, or private health benefit plan which has given prospective authorization for certain procedures may subsequently deny payment for the provision of such procedures. Referred to the Committee on Insurance. SB 228. By Senator Thomas of the 10th: A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to revise certain definitions; to change provisions relating to the composition of the State Board of Physical Therapy; to provide for the qualifications of board members; to change provisions relating to license requirements for physical therapists and physical therapist assistants. Referred to the Committee on Health & Ecology. SB 230. By Senator Ralston of the 51st: A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption. Referred to the Committee on Judiciary. SB 247. By Senators Bowen of the 13th, Streat of the 19th, Huggins of the 53rd and others: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the applicability of certain provisions of the law relating to the issuance of licenses to former law enforcement officers to carry a pistol or revolver; to provide that Code Sections 16-11-126 through 16-11-128 shall not apply to or affect sheriffs, retired sheriffs, deputy sheriffs, or certain retired deputy sheriffs. Referred to the Committee on Public Safety. SB 263. By Senators Perdue of the 18th, Marable of the 52nd, Dean of the 31st and others: A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation provisions to employers and employees generally, so as to provide that certain sports officials qualify as independent contractors and not as employees. Referred to the Committee on Industrial Relations. SB 265. By Senator Egan of the 40th: A bill to amend Code Section 53-2-1 of the Official Code of Georgia Annotated, relating to the rules of inheritance applicable when a decedent dies without a will, as amended, so as to change the provisions relating to a spouse's inheritance. Referred to the Committee on Judiciary. FRIDAY, FEBRUARY 28, 1997 1039 SB 273. By Senators Hill of the 4th, Burton of the 5th, Thomas of the 10th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place; to provide what shall constitute proper identification; to provide for an alternative procedure for certification of identification. Referred to the Committee on Governmental Affairs. SB 286. By Senator Egan of the 40th: A bill to provide a homestead exemption from all City of Atlanta School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolutions of the House were read and referred to the Committee on Rules: HR 399. By Representatives Grindley of the 35th, Burkhalter of the 41st and Franklin of the 39th: A resolution commending Dr. Leila Daughtry Denmark for her exemplary medical career and inviting her to appear before the House of Representatives. HR 400. By Representatives Dixon of the 150th, Mueller of the 152nd, Pelote of the 149th, Thomas of the 148th and Bordeaux of the 151st: A resolution recognizing and commending Chairman James Ray, Grand Marshal Monsignor Daniel J. Bourke, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 689. By Representatives Channell of the lllth, Jenkins of the 110th, Greene of the 158th, Powell of the 23rd and Ponder of the 160th: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, and Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for an application supplement-marriage report form in connection with each marriage license. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, and Chapter 10 of Title 31 of the Official 1040 JOURNAL OF THE HOUSE, Code of Georgia Annotated, relating to vital records, so as to provide for an application supplement-marriage report form in connection with each marriage license; to provide for such form's content, preparation, transmission to vital records, and amendment; to provide that such forms need not be retained by the probate court; to provide for limited exceptions; to provide for confidentiality of such forms while in the temporary custody of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, is amended by striking in its entirety Code Section 19-3-33, relating to applications for marriage licenses, and inserting in its place the following: "19-3-33. (a) A marriage license shall be issued on written application therefor, made by the persea persons seeking the license, verified by oath of the applicant applicants. The application shall state that there is no legal impediment to the marriage and shall give the full present name of the proposed husband and the full present name of the proposed wife with their dates of birth, their present addresses, and the names of the father and mother of each, if known. If the names of the father or mother of either are unknown, the application shall so state. (b) An application supplement-marriage report shall be prepared in connection with each marriage license. Except for the information in paragraph (3) of this subsection, the application supplement-marriage report shall be completed as a part of each application for a marriage license. The application supplement-marriage report shall state, at a minimum, the following: (1) The full name, date of birth, and social security number for each applicant; (2) The number this marriage would be for each applicant; and (3) After the ceremonial marriage has been performed, the date of the marriage ceremony and the county where the marriage ceremony occurred." SECTION 2. Said article is further amended by striking in its entirety Code Section 19-3-34, relating to filing and use of the application as evidence, and inserting in lieu thereof the following: "19-3-34. (a) 3^6 Except as provided in subsection (b) of this Code section, the application for a marriage license shall be filed in the office of the judge of the probate court before a marriage license shall be issued and shall remain in the permanent files in the office of the judge. It may be used as evidence in any court of law under the rules of evidence made and provided in similar cases. (b) The application supplement-marriage report form provided for in Code Section 19-3-33 shall be transmitted to the state registrar pursuant to Code Section 31-10-21. No original or duplicate application supplement-marriage report form need be retained by any official or employee of the probate court beyond the time required for transmission to the state registrar of vital records and confirmation of such transmission and receipt. While in the temporary custody of the probate court, application supplementmarriage report forms shall not be available for public inspection or copying or admissible in any court of law." SECTION 3. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-21, relating to records of marriage licenses, and inserting in lieu thereof the following: "31-10-21. FRIDAY, FEBRUARY 28, 1997 1041 (a) A record of each marriage performed in this state shall be filed with the department and shall be registered if it has been completed and filed in accordance with this Code section. (b) The official who issues the marriage license shall prepare cause to be prepared the record on the fena prescribed d furnished by the state registrar application supplement-marriage report form, including at a minimum the information set out in subsection (b) of Code Section 19-3-33, upon the basis of information obtained from both of the parties to be married. (c) A person who performs a marriage shall certify the fact of marriage and return the record license to the official who issued the license within ten days after the ceremony. The feeerd license shall be completed as prescribed by regulations of the department. (d) Every official issuing marriage licenses shall complete and forward to the department on or before the tenth day of each calendar month a copy ef- the applications ad marriage licenses an application supplement-marriage report form for each marriage license returned to such official during the preceding calendar month. Such forms may be transmitted in the form of paper or electronically. (e) The official issuing a marriage license shall keep the original of the application and license for the county records from which the official may issue certified copieSj but need not retain the prepared application supplement-marriage report forms except to the extent necessary for transmission of such forms to the registrar and confirmation of transmission or receipt. (f) In addition to the fee provided by Code Section 15-9-60, the official shall be entitled to a filing fee of $1.00 to be paid by the applicant upon application for the marriage license." SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 31-10-23, relating to amendment of certificates or reports, and inserting in lieu thereof the following: "(a) Unless otherwise specified by law, a certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth d certificates, death certificatesz and application supplement-marriage reports shall be completed by the department and a copy mailed to the proper local custodian^ if any. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted." SECTION 5. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 31-10-25, relating to disclosure of information in vital records and transfer of records to State Archives, and inserting in lieu thereof the following: "(f) Official copies of records of deaths, applications for marriages and marriage certificates, divorces, dissolutions of marriages, and annulments located in the counties shall remain accessible to the public. While in the temporary custody of the probate court before transmission to the state registrar or confirmation of transmission or receipt, application supplement-marriage report forms shall not be available for public inspection or copying or admissible in any court of law." SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1, 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. 1042 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andersen Y Ashe Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Coleman, T Connell Cooper Y Crawford Y Crews Y Culbreth E Cununings Y Davis, G Y Davis, M E Day DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Dukes YEhrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling YSnow S tailings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Tumquest Y Twiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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 substitute. HB 288. By Representative Twiggs of the 8th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the provisions relating to annual training requirements for police chiefs, department heads, and wardens. The following Committee substitute was read and adopted: A BILL To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the provisions relating to annual training requirements for police chiefs, department heads, and wardens; to change the provisions relating to training requirements for police chiefs and department heads appointed after December 31, 1992; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 28, 1997 1043 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," is amended by striking subsection (b) of Code Section 35-8-20, relating to the training requirements for police chiefs, department heads, and wardens, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The training required by subsection (a) of this Code section shall be completed in sessions as selected and provided or approved by the Georgia Association of Chiefs of Police and or the Georgia Prison Wardens Association and which have been recognized by the Georgia Peace Officer Standards and Training Council." SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 35-8-20.1, relating to training for police chiefs and department heads appointed after December 31, 1992, and inserting in lieu thereof a new subsection (h) to read as follows: "(h) A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a newly appointed chief of police or department head of a law enforcement unit that he or she has served as an appointed chief of police or head of a law enforcement unit since December 31, 1992, without more than a 60 day break in service, that he or she has satisfactorily completed training or education deemed by the council to be equivalent to the training required by this Code section. or that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Cooper Y Crawford Y Crews Y Culbreth E Cummings Y Davis, G Y Davis, M EDay DeLoach, B Y DeLoach, G YDii Y Dixon, H Y Dixon, S YDobbs Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Hecks tall Y HegBtrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton Y McKinney Y Mills Y Mobley Y Mosley Mueller Y O'Neal Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers 1044 JOURNAL OF THE HOUSE, Y Royal Y Sanders YSauder YScarlett E Scheid Y Scott Y Shanahan Y Shaw YSherrill Shipp Y Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling Y Snow Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spin- On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 355. By Representatives Teper of the 61st and Henson of the 65th: A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to change certain provisions relating to authorized investments in certain governmental bonds and other securities. The following Committee substitute was read and adopted: A BILL To amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to provide for authorized investments in certain foreign governmental bonds and other securities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, is amended by adding a new Code Section 33-11-12.1 to read as follows: "33-11-12.1. Subject to the restrictions and limitations provided in this title, an insurer may invest in bonds, notes, warrants, and other securities not in default which are the direct obligations of the government of any foreign country for which the full faith and credit of such government has been pledged for the payment of principal and interest. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 115, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 573. By Representatives Culbreth of the 132nd, Heard of the 89th and Ehrhart of the 36th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to acquire investments in investment pools; to provide a short title; to define terms; to provide for applicability; to set forth requirements an investment pool must follow for an investment to be qualified under this Act. FRIDAY, FEBRUARY 28, 1997 1045 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 324. By Representative Campbell of the 42nd: A bill to amend Code Section 15-21-131 of the Official Code of Georgia Annotated, relating to the imposition of additional fines to fund local victim assistance programs, so as to provide for the imposition of such fines in magistrate courts. The following Committee substitute was read and adopted: 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 victims, 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, municipalities, or political subdivisions; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for assistance programs for crime victims, is amended by striking Code Section 15-21-131, relating to additional penalties in criminal cases, and inserting in its place a new Code section to read as follows: "15-21-131. (a) In every case in which any state court? superior court, er any municipal court ef ny unified or consolidated government m of this state or any municipality or political subdivision of this state shall impose a fine, which shall be construed to include costs, for any criminal offense or any criminal ordinance violation, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (b) Such sums shall be in addition to that any amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter." SECTION 2. This Act shall become effective July 1, 1997, and shall apply with respect to offenses committed on or after that effective date. The provisions of this Act shall not apply to or affect offenses committed prior to that effective 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 substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 118, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 1046 JOURNAL OF THE HOUSE, HB 574. By Representatives Grindley of the 35th, Parham of the 122nd, Dixon of the 150th, Wiles of the 34th, Davis of the 60th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to prohibit the use of social security numbers in applications and on drivers' licenses, permits, commercial drivers' licenses, identification cards, and identification cards for persons with disabilities, unless specifically requested in writing by the applicant or licensee. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to prohibit the use of social security numbers in applications and on drivers' licenses, permits, commercial drivers' licenses, identification cards, and identification cards for persons with disabilities, unless specifically requested by the applicant or licensee; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding, following Code Section 40-5-28, a new Code Section 40-5-28.1 to read as follows: "40-5-28.1. No license or permit issued or renewed on or after July 1, 1997, pursuant to this article shall contain the social security number of the licensee or permit holder unless such person specifically requests the use of such number." SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 40-5-100, relating to identification cards for persons without drivers' licenses, and inserting in lieu thereof the following: "(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall not be the same as the social security numbe^ unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section." SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-149, relating to contents of an application for a commercial driver's license, and inserting in lieu thereof the following: "(a) The application for a commercial driver's license or commercial driver's instruction permit shall include the following: (1) The full name and current mailing and residential address of the person; (2) A physical description of the person including sex, height, weight, and eye color; (3) Full date of birth; (4) The applicant's social security number Reserved; (5) The person's signature; (6) The person's current photograph; (7) Certifications, including those required by 49 C.F.R. Part 383.71(a); (8) Any other information required by the Department of Public Safety; and FRIDAY, FEBRUARY 28, 1997 1047 (9) Consent to release driving record information to the Commercial Driver License Information System clearing-house and whatever agent or agency the Commercial Driver License Information System deems necessary by federal requirements. Each application shall be accompanied by an application fee of $35.00, except for those who operate or are applying to operate a public school bus and inmates of state or county correctional institutions who operate or are applying to operate commercial motor vehicles under the supervision of such institutions during the period of such inmates' confinement, in which cases there shall be no application fee." SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 40-5-150, relating to contents of a commercial driver's license, and inserting in lieu thereof the following: "(a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The person's social security number if such person has requested the use of such social security number on such license tead any ether or another number or identifier deemed appropriate by the Department of Public Safety; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements." SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-171, relating to the issuance of and contents of identification cards for persons with disabilities, and inserting in lieu thereof the following: "(b) The identification card for persons with disabilities shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security numbe^ unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section." SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval and the provisions of this Act shall apply to licenses, permits, and identification cards issued on or after such date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 125, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. 1048 JOURNAL OF THE HOUSE, HB 283. By Representative Bordeaux of the 151st: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that charitable organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances. The following amendment was read and adopted: Representative Dobbs of the 92nd moves to amend HB 283 as follows: On page 2, line 7 insert after the word "charge" ", not to exceed $3,". The following amendment was read: Representatives Ehrhart of the 36th, Evans of the 28th, McKinney of the 51st and Barnes of the 33rd move to amend HB 283 by striking from line 1 on page 1 the following: "Article 12 of. By striking from line 2 on page 1 the following: "ticket scalping", and inserting in lieu thereof the following: "selling and other trade practices". By striking after the word "to" on line 3 of page 1 the following: "provide that charitable organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances;", and inserting in lieu thereof the following: "repeal the laws which prohibit and penalize ticket scalping;". By striking from line 10 on page 1 the following: "Article 12 of. By striking from line 11 on page 1 the following: "ticket scalping", and inserting in lieu thereof the following: "selling and other trade practices". By striking after the word "striking" on line 12 on page 1 all matter through line 30 on page 2 and inserting in lieu thereof the following: "Article 12, including Code Sections 10-1-310 and 10-1-311, relating to ticket scalping, and inserting in lieu thereof the following: 'ARTICLE 12 RESERVED'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: FRIDAY, FEBRUARY 28, 1997 1049 Y Alien Y Andereon Y Ashe N Bailey Baker Y Bannister NBarfoot Y Barnard Y Bames Bates Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell N Childers Y Clark YCoan Y Coleman, B Coleman, T N Connell Y Cooper Y Crawford Y Crews N Culbreth E Cummings Davis, G Y Davis, M EDay DeLoach, B N DeLoach, G YDix Y Dixon, H N Dixon, S N Dobbs Dukes YEhrhart YEpps Y Evans Y Everett N Felton Floyd Y Franklin N Golden N Graves Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard N Hecht HeckstaU N Hegatrom N Henson Y Holland N Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Ylrvin N Jackson James N Jamieson N Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning N Martin, J N Martin, J.L NMassey Y McBee YMcCall N McClinton Y McKinney Y Mills N Mobley Y Mosley Y Mueller Y O'Neal N Orrock N Parham Y Parrish Y Parsons N Pelote N Perry Y Pinholster YPoag N Polak Y Ponder N Porter Y Powell Y Purcell NRagas N Randall Ray Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan YShaw N Sherrill Y Shipp NSims Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Taylor N Teague N Teper Thomas Tillman N Titus Y Tolbert Y Trense Turnquest N Twiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker E Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 112, nays 46. The amendment was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! N Childers Y Clark YCoan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth E Cummings Y Davis, G Y Davis, M EDay DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S N Dobbs Dukes Y Ehrhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Heckstall N Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin N Jackson James Y Jamieson N Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee Y McCall N McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Perry Y Pinholster YPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas Y Randall Ray Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid 1050 JOURNAL OF THE HOUSE, Y Scott Y Shanahan YShaw Y SherriU YShipp NSims Y Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague N Toper Thomas Tillman Y Titus Y Tolbert Y Trense Turnquest NTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker E Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 149, nays 14. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 553 was postponed until Monday, March 3, 1997. The following Resolutions of the House were read and adopted: HR 403. By Representatives Worthan of the 98th and Snelling of the 99th: A resolution honoring Mr. Robert S. Alexander on his 86th birthday. HR 404. By Representative Parham of the 122nd: A resolution commending W. T. Smith, M.D. HR 405. By Representative Thomas of the 148th: A resolution recognizing and commending gospel singer Queen Esther Jackson. HR 406. By Representative Pinholster of the 15th: A resolution commending Mrs. Myrna Denson. HR 407. By Representative Martin of the 47th: A resolution honoring Joyce and Frank Hester. HR 408. By Representative Evans of the 28th: A resolution recognizing and commending medical laboratory professionals. HR 409. By Representatives Thomas of the 148th and Pelote of the 149th: A resolution recognizing the International Longshoremen's Association Local 1414. HR 410. By Representatives Manning of the 32nd and Shipp of the 38th: A resolution recognizing and commending Ruth Williams. HR 411. By Representative Anderson of the 116th: A resolution commending Reverend David Walker. Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: FRIDAY, FEBRUARY 28, 1997 1051 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 380 Do Pass HR 383 Do Pass HR 393 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 3, 1997. 1052 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, March 3, 1997 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Ashe Bailey Bannister Barfoot Barnard Bames Bates Benefield Birdsong Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Canty Carter Cash Channell Childere Clark Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth Cummings Davis, M Day DeLoach, G Dix Dixon, H Dobbs Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Hammontree Harbin Heard Hecht Hegstrom Holland Howard Hudgens Hudson, H Hudson, N Hugley Jackson James Johnson Johnston Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McClinton Mills Mobley Mosley Mueller O'Neal Orrock Parham Parsons Pelote Pinholster Polak Ponder Porter Powell Purcell Ray Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shan ah an Shaw Sherrill Shipp Sims Sinkfleld Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling S tailings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teague Teper Thomas Titus Tolbert Trense Twiggs West Westmoreland Whitaker Wiles Williams, B Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Dixon of the 150th, DeLoach of the 172nd, Grindley of the 35th, Hanner of the 159th, Perry of the llth, Tillman of the 173rd, Dukes of the 161st, Turnquest of the 73rd, Williams of the 83rd, Poag of the 6th, McCall of the 90th, Jamieson of the 22nd, McKinney of the 51st, Reaves of the 178th, Ragas of the 64th, Alien of the 117th, Walker of the 141st, Joyce of the 1st, Buckner of the 95th, Jones of the 71st, Jenkins of the 110th, Baker of the 70th, Henson of the 65th, Heckstall of the 55th, Parrish of the 144th, Coan of the 82nd, Randall of the 127th, Walker of the 87th, Bordeaux of the 151st, Rogers of the 20th and Snow of the 2nd. They wish to be recorded as present. Prayer was offered by Bishop Donald G. Ming, Presiding Bishop, A.M.E. Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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, MARCH 3, 1997 1053 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 849. By Representatives Bordeaux of the 151st, Pelote of the 149th, Dixon of the 150th, Mueller of the 152nd and Thomas of the 148th: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the judge of the Probate Court of Chatham County. Referred to the Committee on State Planning & Community Affairs - Local. HB 850. By Representatives Bordeaux of the 151st, Pelote of the 149th, Dixon of the 150th, Mueller of the 152nd and Thomas of the 148th: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the chief magistrate and magistrates of the Magistrate Court of Chatham County. Referred to the Committee on State Planning & Community Affairs - Local. HB 851. By Representatives Crawford of the 129th and Ray of the 128th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to remove the tax exemption from certain public real property owned by municipal corporations which is outside the corporate limits. Referred to the Committee on Ways & Means. HB 852. By Representatives Crawford of the 129th and Ray of the 128th: A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," so as to change the powers of eminent domain granted by such article. Referred to the Committee on Judiciary. HB 853. By Representative Crawford of the 129th: A bill to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, so as to provide a short title; to provide definitions; to provide for applicability and inapplicability to specified governmental actions; to waive sovereign immunity to the extent of liability created by the Act. Referred to the Committee on Judiciary. 1054 JOURNAL OF THE HOUSE, HB 854. By Representative Pinholster of the 15th: A bill to provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district. Referred to the Committee on State Planning & Community Affairs - Local. HB 855. By Representative Pinholster of the 15th: A bill to provide a homestead exemption from certain Pickens County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that county. Referred to the Committee on State Planning & Community Affairs - Local. HB 856. By Representative Pinholster of the 15th: A bill to provide a homestead exemption from certain Pickens County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that school district. Referred to the Committee on State Planning & Community Affairs - Local. HB 857. By Representatives Titus of the 180th and Bates of the 179th: A bill to amend an Act entitled "An Act to provide for the Board of Education of Thomas County," so as to provide a per diem allowance for the members of such board. Referred to the Committee on State Planning & Community Affairs - Local. HB 858. By Representative Crawford of the 129th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the establishment by the Commissioner of Insurance of premium rates to be charged by title insurers for single risks of $1 million and above. Referred to the Committee on Insurance. HB 859. By Representative Burkhalter of the 41st: 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 prohibit the grant of state funds to certain hospital authorities and hospitals thereof which do not contract with health maintenance organizations which participate in the Medicaid Health Maintenance Organization Program. Referred to the Committee on Health & Ecology. HB 860. By Representative Mills of the 21st: 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 further define and implement procedures with respect to imposition, collection, and administration of the local option sales tax for educational purposes. Referred to the Committee on Ways & Means. MONDAY, MARCH 3, 1997 1055 HB 861. By Representatives Walker of the 87th and Stancil of the 91st: A bill to continue the charter for the Academy of Social Circle; to create a body politic known as the School District of Social Circle; to provide for a board of education; to provide for education districts. Referred to the Committee on State Planning & Community Affairs - Local. HB 862. 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 exempt policies and contracts of insurance issued by insurers who do not use independent agents from certain countersignature requirements. Referred to the Committee on Insurance. HB 863. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions concerning high school programs; to state legislative intent with respect to program weights; to provide for a change in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula. Referred to the Committee on Education. HB 864. By Representatives Bannister of the 77th, Sanders of the 107th, Parsons of the 40th, Everett of the 163rd and Smith of the 102nd: A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to change the provisions relating to sales of tobacco products from vending machines. Referred to the Committee on Industry. HB 865. By Representative Buckner of the 95th: 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 limit certain placements in group-care facilities. Referred to the Committee on Children and Youth. HB 866. By Representative Connell of the 115th: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall of Fame Authority. Referred to the Committee on State Planning & Community Affairs. HB 867. By Representative Smith of the 169th: A bill to amend Code Section 36-9-3 and Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of county and municipal property generally, respectively, so as to provide for certain dispositions to heirs of owners of proposed lake property and notifications and procedures relating thereto. Referred to the Committee on Judiciary. 1056 JOURNAL OF THE HOUSE, HB 868. By Representative Coleman of the 142nd: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to provide for the certification of administrative investigators; to provide for standards, duties, and powers; to provide for disciplinary actions and funding. Referred to the Committee on Public Safety. HB 869. By Representatives Ray of the 128th, Powell of the 23rd, Hudson of the 156th, Floyd of the 138th and Perry of the llth: A bill to amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from motor vehicle certificate of title requirements, so as to change certain provisions relating to exclusions for certain vehicles which are 15 or more model years old. Referred to the Committee on Motor Vehicles. HB 870. By Representatives Smyre of the 136th, McBee of the 88th, Parham of the 122nd, Stancil of the 91st and Golden of the 177th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to change certain provisions relating to license plates commemorating colleges or universities. Referred to the Committee on Motor Vehicles. HR 402. By Representatives Manning of the 32nd, Shipp of the 38th, Parsons of the 40th, Wiles of the 34th, Franklin of the 39th and others: A resolution supporting the development of commuter rail service to Northwest Georgia from the intermodal transportation station in downtown Atlanta through the City of Marietta and Cartersville on the existing CSX tracks. Referred to the Committee on Transportation. 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 887. 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 provide that such tax shall not apply to the sale or use of certain motor vehicles. Referred to the Committee on Ways & Means. HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th, Hudson of the 156th and Coleman of the 142nd: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission. Referred to the Committee on Industry. MONDAY, MARCH 3, 1997 1057 By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 805 HB 806 HB 807 HB 808 HB 809 HB 810 Sn fii HHriDRR soilU4s nTJoD 01loC UTJ QIC HJlRo TriTcD TTTJ R8117/ 8o1ia8 Q1Q 019 HB 836 HB 837 HB 838 HB 839 HB 840 HB 842 HB 843 HHTJBBO 88Q44.Q76 HR "" OQ*ftQ9 "" "*^ HTJTRJ XT1IXDV fltt TT R 3o9n4c OdyQOC dB ,,,,,, HB 82? HB 822 HTTBR 802034 HtHlD BB 888/22O56 HB 827 HB 828 HB 829 HB 831 HB 832 HB 833 HB 834 HB 835 HR S HR 401 Qoro> tlcoKo SOBBIJ 2o2o02a98 SB 230 K 247 SB 263 SB 265 SB 273 SB 286 HB 844 HB 845 Pursuant to Rule 52, Representative Floyd of the 138th moved that the following Bill of the House be engrossed: HB 844. By Representative Floyd of the 138th: A bill to amend Code Section 12-4-72, relating to definitions relative to the "Georgia Surface Mining Act of 1968," so as to provide that certain borrow pits shall not be regulated as surface mines. The motion prevailed. Pursuant to Rule 52, Representative Floyd of the 138th moved that the following Bill of the House be engrossed: HB 845. By Representatives Floyd of the 138th and James of the 140th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Hawkinsville Civitan Club's "Shoot the Bull" barbecue championship as the state's official beef barbecue championship cookoff; to designate the "Slosheye Trail Big Pig Jig" as the state's official pork barbecue cookoff. The motion prevailed. 1058 JOURNAL OF THE HOUSE, Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 653 Do Pass HB 776 Do Pass HB 777 Do Pass, by Substitute HB 783 Do Pass HB 784 Do Pass HB 785 Do Pass HB 787 Do Pass HB 789 Do Pass HB 793 Do Pass HB 797 Do Pass HB 798 Do Pass HB 799 Do Pass Respectfully submitted, M Royal of the 164th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 3, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below: HB 152 Judicial sales; legal ads; official organ HB 250 Alcoholic beverages; furnishing to persons under 21; amend provisions HB 258 Law enforcement officers; certain indictments; procedures HB 306 Intangible tax; nonpayment; amend provisions HB 309 Elections; certain municipal offices; 4-year terms HB 377 Medicaid Fraud Forfeiture Act of 1997; enact HB 496 Children & youth serv; authorize certain leasing of state property HB 497 Children & youth services; damage to apparel; employees' comp HB 553 Insurance; certain medical benefits; reimbursement (Postponed) HB 583 Regional housing authorities; board of commissioners; composition HB 681 Teen-age Driver Responsibility Act; enact HB 682 Alcoholic beverage sales; certain university system facilities Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /&/ Lee of the 94th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 653. By Representatives DeLoach of the 119th and Anderson of the 116th: A bill to provide a new charter for the City of Blythe. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, MARCH 3, 1997 1059 HB 776. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide for limitations with respect to the installation of certain trunk lines. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 777. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. The following Committee substitute was read and adopted: A BILL To provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum and effective dates; 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. (a) For purposes of this Act, the terms used in this Act shall have the same meaning as such terms are defined in Article 2A of Chapter 8 of Title 48, the "Homestead Option Sales and Use Tax Act," as amended. (b) Each resident of Cherokee County is granted an additional exemption on that person's homestead from all Cherokee County ad valorem taxes for county purposes in an amount authorized by and calculated pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, for the immediately preceding taxable year as determined by the tax commissioner of Cherokee County. This homestead exemption shall commence on January 1 of the year immediately following the first complete calendar year in which the sales and use tax was levied under Article 2A. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. (c) The tax commissioner of Cherokee County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Cherokee County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1, 1997, has applied for and is eligible for the $2,000.00 homestead exemption provided by Code Section 48-5-44 of the O.C.G.A., shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. 1060 JOURNAL OF THE HOUSE, (e) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Cherokee County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in addition to any other homestead exemption applicable to Cherokee County ad valorem taxes for county purposes. (f) The exemption granted by this Act shall only become effective if the electors of the special district the boundary of which is conterminous with Cherokee County approve the imposition of a local option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, at a special election conducted on the same date as the election provided for under Section 2 of this Act. (g) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year specified by subsection (b) of this section. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that special election as soon as reasonably practicable on a date authorized under subparagraph (c)(l)(A) of Code Section 21-2-540 of the O.C.G.A., but in no event shall such special election be conducted later than the Tuesday after the first Monday in November, 1997. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides for certain residents of Cherokee County an additional homestead exemption of up to 100 percent from county ad valorem taxes for county purposes as determined from the proceeds generated from the collection of a retail homestead option sales and use tax?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years specified by subsection (b) of Section 1. If Section 1 of this Act is not so approved, if the election is not conducted as provided in this section, or if the condition specified in subsection (f) of Section 1 of this Act is not met, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on December 31, 1997. The expense of such election shall be borne by Cherokee County. It shall be the 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 upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 783. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th, Cooper of the 31st, Parsons of the 40th and others: A bill to create the Acworth Area Convention and Visitors Bureau Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, MARCH 3, 1997 1061 HB 784. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th, Cooper of the 31st, Wiles of the 34th 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 785. By Representatives Parham of the 122nd and Hudson of the 120th: A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 787. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to restyle the police court of the City of Waycross as the Municipal Court of the City of Waycross. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 789. By Representatives Bradford of the 30th, Cooper of the 31st, Parsons of the 40th, Shipp of the 38th, McKinney of the 51st and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 793. By Representatives Williams of the 63rd, Ladd of the 59th, O'Neal of the 75th, McClinton of the 68th, Ragas of the 64th and others: A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax commissioner. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 797. 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 provide for the compensation of the Solicitor-General and the Judge of said court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1062 JOURNAL OF THE HOUSE, HB 798. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of said city. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 799. By Representative Massey of the 86th: A bill to amend an Act reincorporating the City of Winder, so as to repeal the two-term limit applicable to the mayor. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Alien Andersen Y Ashe Y Bailey Y Baker Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong E Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkbalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart YEpps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Y Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox Mann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell Ragas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Snow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Tolbert Y Trense Y Tumquest YTwiggs Y Walker, L Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bills, the ayes were 150, nays 0. The Bills, having received the requisite constitutional majority, were 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. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: MONDAY, MARCH 3, 1997 1063 Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: HB 631. By Representative Smith of the 103rd: A bill to amend an Act providing for the Heard County Board of Education, so as to provide a new method of compensating the members of the Heard County Board of Education. HB 655. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions regarding the compensation of the judge and solicitor-general of such court. HB 675. By Representative McCall of the 90th: A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the terms of the commissioners from concurrent to staggered terms. SB 21. By Senators Brown of the 26th, Perdue of the 18th, Walker of the 22nd and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to provide for common minimum facility requirements for buildings registered as historic landmarks. SB 77. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and Tysinger of the 41st: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, 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 initially appointed; to prescribe the powers, dignity, duties, jurisdiction, privileges, and immunities of said judge. SB 119. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change the membership of the State Depository Board. SB 125. By Senator Thompson of the 33rd: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal courts, so as to provide for the issuance of executions for costs or fines in the municipal courts; to provide for trials of illegality or defense in the superior courts. 1064 JOURNAL OF THE HOUSE, SB 154. By Senator Turner of the 8th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for a senior deputy commissioner of banking and finance; to subject assistant deputy commissioners to the same rules as deputy commissioners; to change certain restrictions on the commissioner, deputies, assistants, and examiners relating to conflicts of interest; to provide for rule-making authority to address Internet banking and other technological advancements. SB 219. By Senators Starr of the 44th, Taylor of the 12th, Thomas of the 10th and others: 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 change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and responsibilities thereof. SB 284. By Senator Perdue of the 18th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to transfer certain centralized record-keeping and certification functions relating to notaries public from the Secretary of State to the Georgia Superior Court Clerks' Cooperative Authority; to provide for the transfer of certain fees to the Georgia Superior Court Clerks' Cooperative Authority. SB 303. By Senators Henson of the 55th and Fort of the 39th: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to authorize the joint-secretary of the state examining boards to retain all funds received as collection fees for use in defraying the cost of collection of fees as required by law. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 88. By Senator Hill of the 4th: A resolution designating the Walter L. Dasher Memorial Bridge. SR 164. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for the operation and maintenance of water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Sumter, and Troup Counties, Georgia. SR 196. By Senators Johnson of the 2nd, Johnson of the 1st, Perdue of the 18th and Kemp of the 3rd: A resolution authorizing the granting of a nonexclusive easement to extend certain utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia. SR 236. By Senators Thompson of the 33rd and Clay of the 37th: A resolution recognizing Harold S. Willingham and designating a portion of the South Marietta Loop in his honor. MONDAY, MARCH 3, 1997 1065 By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 21. By Senators Brown of the 26th, Perdue of the 18th, Walker of the 22nd and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to provide for common minimum facility requirements for buildings registered as historic landmarks. Referred to the Committee on Education. SB 77. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, 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 initially appointed; to prescribe the powers, dignity, duties, jurisdiction, privileges, and immunities of said judge. Referred to the Committee on Judiciary. SB 119. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change the membership of the State Depository Board. Referred to the Committee on Banks & Banking. SB 125. By Senator Thompson of the 33rd: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal courts, so as to provide for the issuance of executions for costs or fines in the municipal courts; to provide for trials of illegality or defense in the superior courts. Referred to the Committee on Judiciary. SB 154. By Senator Turner of the 8th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for a senior deputy commissioner of banking and finance; to subject assistant deputy commissioners to the same rules as deputy commissioners; to change certain restrictions on the commissioner, deputies, assistants, and examiners relating to conflicts of interest; to provide for rule-making authority to address Internet banking and other technological advancements. Referred to the Committee on Banks & Banking. 1066 JOURNAL OF THE HOUSE, SB 219. By Senators Starr of the 44th, Taylor of the 12th, Thomas of the 10th and others: 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 change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and responsibilities thereof. Referred to the Committee on Health & Ecology. SB 284. By Senator Perdue of the 18th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to transfer certain centralized record-keeping and certification functions relating to notaries public from the Secretary of State to the Georgia Superior Court Clerks' Cooperative Authority; to provide for the transfer of certain fees to the Georgia Superior Court Clerks' Cooperative Authority. Referred to the Committee on Judiciary. SB 303. By Senators Henson of the 55th and Fort of the 39th: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to authorize the joint-secretary of the state examining boards to retain all funds received as collection fees for use in defraying the cost of collection of fees as required by law. Referred to the Committee on State Planning & Community Affairs. SR 88. By Senator Hill of the 4th: A resolution designating the Walter L. Dasher Memorial Bridge. Referred to the Committee on Transportation. SR 164. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for the operation and maintenance of water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Sumter, and Troup Counties, Georgia. Referred to the Committee on State Institutions & Property. SR 196. By Senators Johnson of the 2nd, Johnson of the 1st, Perdue of the 18th and others: A resolution authorizing the granting of a nonexclusive easement to extend certain utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia. Referred to the Committee on State Institutions & Property. SR 236. By Senators Thompson of the 33rd and Clay of the 37th: A resolution recognizing Harold S. Wil lingham and designating a portion of the South Marietta Loop in his honor. Referred to the Committee on Transportation. MONDAY, MARCH 3, 1997 1067 The following Resolutions of the House were read and referred to the Committee on Rules: HR 412. By Representative Channell of the lllth: A resolution commending Dr. Ruby Graves Cheves, Georgia Mother of Young Children, and inviting her to appear before the House of Representatives. HR 413. By Representatives Hammontree of the 4th, Mann of the 5th, Walker of the 141st and O'Neal of the 75th: A resolution commending Coach Bill Chappell and inviting him to appear before the House of Representatives. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Rules: SB 271. By Senators Perdue of the 18th, Turner of the 8th, Walker of the 22nd and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to create the State Personnel Oversight Commission; to make certain findings and a statement of legislative intent; to define certain terms; to provide for members of the commission; to provide that no state officer or employee entitled to involuntary separation retirement benefits shall be separated without the approval of the commission. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Children & Youth and referred to the Committee on Judiciary: SB 27. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to placement of a child following an order terminating parental rights. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 383. By Representatives Parsons of the 40th and Shipp of the 38th: A resolution commending the 1996-97 Shiloh Hills Christian School Challengers Men's Varsity Basketball Team and inviting the coach, players, and cheerleaders to appear before the House of Representatives. HR 393. By Representatives Stancil of the 91st, Murphy of the 18th, Lee of the 94th, Connell of the 115th, Walker of the 141st and others: A resolution commending Harold F. Holtz and inviting him to appear before the House of Representatives. 1068 JOURNAL OF THE HOUSE, HR 380. By Representative Howard of the 118th: A resolution commending the John S. Davidson Fine Arts School and inviting its principal, Beverly J. Barnhart and four of its star students, Patricia Ann Dalis, Allison M. Jones, Jamaica M. Smith, and Charles Edward Smith, II, to appear before the House of Representatives. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 681. By Representatives Walker of the 141st, Skipper of the 137th, Lee of the 94th, Baker of the 70th, Randall of the 127th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, so as to provide for confinement of certain persons convicted of violating subsection (k) of Code Section 40-6-391. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, so as to provide for confinement of certain persons convicted of violating subsection (k) of Code Section 40-6-391; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the Department of Education shall provide certain school enrollment, attendance, and suspension information to the Department of Public Safety; to provide that school attendance records may be used by the Department of Public Safety to verify school attendance; to amend Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to authority of the Board of Human Resources, so as to provide for certain regulations and fees; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for surrender of license plates of certain habitual violators; to provide for special license plates; to provide for conveyances of motor vehicles of certain habitual violators; to define certain terms; to change certain provisions relating to driver's license exemptions; to change certain provisions relating to persons not to be licensed; to provide for the issuance of a provisional license to drivers at least 16 years of age; to provide for a new class of license; to change certain provisions relating to instruction permits; to provide for requirements for obtaining a provisional driver's license; to provide for a fee and application for a provisional driver's license; to provide for restrictions on provisional drivers' licenses; to change certain provisions relating to examination of driver's license applicants; to provide for school enrollment, attendance, and graduation requirements for persons under 18 years of age applying for or issued instruction permits and drivers' licenses; to provide for revocation of drivers' licenses of persons under 21 years of age in certain circumstances; to provide restrictions on number of passengers transported by certain drivers; to provide for zero tolerance for alcohol for drivers under 21 years of age; to change certain provisions relating to periods of suspension and conditions to return of license; to provide clinical evaluation and treatment requirements for certain offenders; to change certain provisions relating to limited driving permits for certain offenders; to change certain provisions relating to seizure and disposition of drivers' licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases; to change certain provisions relating to suspension by operation of law for failure to complete alcohol or drug course following an accepted plea of nolo contendere; to change certain provisions relating to circumstances not affecting suspension by operation of law; to extensively revise provisions relative to driving under the influence of alcohol or drugs; to change certain provisions relative to the scope of hearings for drivers under 21 years of age; to provide for punishments; to change certain provisions relating to entry of plea of nolo contendere and order MONDAY, MARCH 3, 1997 1069 to attend alcohol and drug course; to amend Article 7 of Chapter 8 of Title 42, relating to use of ignition interlock devices as a condition of probation, so as to change certain provisions relating to definitions, applicability, and purchase or lease of ignition interlock devices by counties and muncipalities; to provide for related matters; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Teen-age and Adult Driver Responsibility Act." SECTION 2. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, is amended by adding a new Code Section 17-10-3.1 to read as follows: "17-10-3.1. (a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall: (1) If the person is under the jurisdiction of the juvenile court, be served in a youth development center which is located in the person's county of residence or, if such a center is not available, in the county jail in the person's county of residence, provided that such person shall be kept segregated from all offenders other than those under the jurisdiction of the juvenile court and confined for violating subsection (k) of Code Section 40-6-391; or (2) If the person is not under the jurisdiction of the juvenile court, be served in a county jail, provided that such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391." SECTION 3. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding at the end of Code Section 20-2-320, relating to state-wide comprehensive educational information network, a new subsection (g) to read as follows: "(g) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety in a form to be agreed upon between the departments enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.l) of Code Section 40-5-22." SECTION 4. Said chapter is further amended by striking in its entirety Code Section 20-2-690, relating to requirements for private schools and home study programs, and inserting in lieu thereof a new Code Section 20-2-690 to read as follows: "20-2-690. 1070 JOURNAL OF THE HOUSE, (a) This subpart recognizes the existence of public schools, private schools, and home study programs as educational entities. (b) As used in this subpart, the term 'private school* means an institution meeting the following criteria or requirements: (1) The primary purpose of the institution is to provide education or, if the primary purpose of the institution is religious in nature, the institution shall provide the basic academic educational program specified in paragraph (4) of this subsection; (2) The institution is privately controlled and operates on a continuing basis; (3) The institution provides instruction each 12 months for the equivalent of 180 school days of education with each school day consisting of at least four and one-half school hours; (4) The institution provides a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a childz ef pursuant to the subpoena of a court of competent jurisdictionz or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.l) of Code Section 40-5-22; and (6) Any building used by the institution for private school purposes meets all health and safety standards established under state law and local ordinances. (c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: (1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the superintendent of schools of the local school district in which the home study program is located; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a childj e* pursuant to the subpoena of a court of competent jurisdiction or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.l) of Code Section 40-5-22; (3) Parents or guardians may teach only their own children in the home study progranij provided the teaching parent or guardian possesses at least a high school diploma or a general educational development (GED) equivalency diploma, but the parents or guardians may employ a tutor who holds at least a baccalaureate college degree to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; (6) Attendance records for the home study program shall be kept and shall be submitted at the end of each month to the school superintendent of the local school district MONDAY, MARCH 3, 1997 1071 in which the home study program is located. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a childj e* pursuant to the subpoena of a court of competent jurisdiction or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.l) of Code Section 40-5-22; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program adminis ered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years. (d) Any person who operates a private school without complying with the requirements of subsection (b) of this Code section or any person who operates a home study program without complying with the requirements of subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. (e) The State Board of Education shall devise, adopt, and make available to local school superintendents, who shall in turn make available to administrators of private schools and parents or guardians with children in home study programs, such printed forms and procedures as may be reasonably necessary to carry out efficiently the reporting provisions of this Code section, but such printed forms and procedures shall not be inconsistent with or exceed the requirements of this Code section." SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to attendance reports and records kept by public schools, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a childj of pursuant to the subpoena of a court of competent jurisdiction^ or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.l) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information network pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282." 1072 JOURNAL OF THE HOUSE, SECTION 6. Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to authority of the Board of Human Resources, is amended by adding a new subsection (a.l) to read as follows: "(a.l) The board shall issue regulations to implement the provisions of Code Section 40-5-63.1 relative to clinical evaluations and substance abuse treatment programs and shall prescribe such application fees for providers desiring authorization to provide clinical evaluations or substance abuse treatment programs as are reasonably necessary to cover the cost of considering such applications. Such regulations shall provide for approval of providers and such approval shall be valid continuously unless and until revoked in accordance with such regulations." SECTION 7. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-2-136 to read as follows: "40-2-136. (a) If a person is convicted of violating Code Section 40-6-391 and the person's driver's license is suspended or revoked pursuant to Code Section 40-5-58, the court shall issue an order requiring that the license plate of the motor vehicle which such person was operating at the time of violating Code Section 40-6-391 be surrendered to the court, provided that such motor vehicle is registered in such person's name. In the event a person was operating a motor vehicle not registered in such person's name at the time of violating Code Section 40-6-391, the court shall issue an order requiring that the license plate of any motor vehicle registered in such person's name be surrendered to the court. The court shall notify the commissioner of public safety and the commissioner of revenue within ten days after issuing any such order. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt. (b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until the driver's license of such person has been reissued or reinstated, and, except as provided in subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates. (c)(l) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner of public safety for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner of public safety shall determine whether the applicant has a valid limited driving permit or probationary license or whether there is another member of such person's household who possesses a valid driver's license, and in no event shall such determination take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner of public safety, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner of public safety shall specify the maximum number of license plates a person may obtain. (2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner of revenue determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner of revenue shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate. MONDAY, MARCH 3, 1997 1073 (3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner of revenue shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner. (4) Upon full restoration of the driving privileges of a person subject to a court order under subsection (a) of this Code section, the commissioner of public safety shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent. (5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility. (6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle. (7) Any person aggrieved by a decision of the commissioner of public safety pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 8. Said title is further amended by striking paragraph (1) of Code Section 40-5-1, relating to definitions, and inserting in lieu thereof a new paragraph (1) and by adding new paragraphs (3.1) and (16.2), respectively, to read as follows: "(1) 'Assessment component' means the standard assessment screening instrument or instruments designated by the Department of Human Resources which fe are used to evaluate screen for the extent of an individual's aubatancc abuse alcohol or drug use and its impact on the ae ef alcohol far drags and driving." "(3.1) 'Clinical evaluation' means an evaluation under Chapter 7 of Title 37 at a facility to diagnose an individual's substance abuse or dependence and, if indicated, to refer the individual to appropriate treatment." "(16.2) 'Substance abuse treatment program' means a program of treatment under Chapter 7 of Title 37 at a facility authorized to provide services designed to meet an individual's substance abuse treatment needs based upon the results of a clinical evaluation performed by a provider other than the provider of the treatment program for such individual." SECTION 9. Said title is further amended by striking in its entirety Code Section 40-5-21, relating to general exemptions from drivers' licenses, and inserting in lieu thereof the following: "40-5-21. (a) Except as provided in Article 7 of this chapter, the 'Georgia Uniform Commercial Driver's License Act,' the following persons are exempt from licenses under this chapter: (1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license; (2) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia driver's license as a matter of law would apply to the privilege afforded to the out-of-state license; (3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his or her home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state; 1074 JOURNAL OF THE HOUSE, (4) Any person on active duty in the armed forces of the United States who has in his or her immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his or her return to the United States; (5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient; (6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business; (7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden ir superintendent and in such manner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests; (8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces; (9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department; (10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver's license issued by another state; and (11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school. As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27. (b) Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section, a nonresident of this state who is attending a school in this state shall be exempt from the driver's licensing requirements of this chapter if and only if: (1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia driver's license as a matter of law would apply to the privilege afforded to the out-of-state license; and (2) He or she is currently enrolled in a school in this state, has paid for the current period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current period of enrollment." MONDAY, MARCH 3, 1997 1075 SECTION 10. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-22, relating to persons not to be licensed, and inserting new subsections (a) and (a.l) to read as follows: "(a) The department shall not issue any Class C driver's license to any person who is under 18 years of age 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 agej and may, under subsection (b) of Code Section 40-5-24, issue a Class D driver's license permitting the operation of a noncommercial Class C vehicle to any person who is at least 16 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 acceptable 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 department shall not issue a driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years. (a.l)(l) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school or the records of the department indicate that said applicant: (A) Is enrolled in and not under suspension from a public or private school and satisfies relevant attendance requirements as set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has permission of his or her parent or guardian to withdraw from school that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the records of the department indicate that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project. Notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 1076 JOURNAL OF THE HOUSE, 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end upon the date of such minor's eighteenth birthday, but such minor's instruction permit or driver's license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education and qualifies for an instruction permit or driver's license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or driver's license suspended pursuant to subparagraph (C) of this paragraph shall not be reinstated until 90 days after the effective date of the suspension of such permit or license. (3) The State Board of Education and the Board of Public Safety are authorized to promulgate rules and regulations to implement the provisions of this subsection." SECTION 11. Said title is further amended by striking in its entirety subsection (c) of Code Section 40-5-23, relating to classes of licenses, and inserting in lieu thereof the following: "(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows: Class A Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C; Class B Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C; Class C Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; Class D Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class M Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P Instructional permit applicable to all types of vehicles for which an applicant desires a driver's license; but is not presently licensed to drive. Any applicant for a Class A or Class B license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license." SECTION 12. Said title is further amended by striking in its entirety Code Section 40-5-24, relating to instruction permits and temporary licenses, and inserting in lieu thereof the following: "40-5-24. (a)(l) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years i2 months when accompanied by a person at least i8 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. MONDAY, MARCH 3, 1997 1077 (2) The instruction permit holder will become eligible for a Class D driver's license under subsection (b) of this Code section only if such instruction permit holder is at least 16 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57. (3) This subsection does lot apply to instruction permits for the operation of motorcycles. (b)(l) Any resident o' us state who is at least 16 years of age and who, for a period of at least 12 month had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section. The department shall, after the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions: (A) The Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1:00 A.M. and 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless: (i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis; (ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student; (iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or (iv) For the purpose of a medical, fire, or law enforcement related emergency; and (B) The Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age. (2) The Class D license holder will become eligible for a Class C driver's license under this chapter only if such Class D license holder has a valid Class D license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age. {b)(c) Any resident of this state who is at least 16 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway, or at night. {Kd) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully 1078 JOURNAL OF THE HOUSE, passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner. {4)(e) The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal. (c) Any resident ef this state holding a- noncommercial Class P- instruction permit ioaucd piiP9ULHc to 9uDsoction \&i) of tiiis Oodc section wfto ifr convicted of flny moving iiflzftpd~ ea offcnsc which resulted i eat accident ef a suspension ef saeh noncommercial Class P instruction permit sfeaH net be authorized te apply for and- receive a noncommercial Oiftss TTJ XTJ Gf fc* dnvdMS license tor d period of T& montns 101lowin^j trie otftie of convic* tie ef- any ef the offcnscs enumerated in this subsection. This subsection shall et prohibit any perse fren* rcapplying fe* a subsequent noncommercial Class P inatruction SECTION 13. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-25, relating to applications and fees for drivers' licenses and instruction permits, and inserting in lieu thereof the following: "(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed: (1) For instruction permits for Classes A, B, C, and M drivers' licenses and for Class D drivers' licenses............................................................................ (2) For Classes C and M drivers' licenses ........................................................... (3) For Classes A and B drivers' licenses............................................................ (4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit.......................................... (5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses ................................................................. (6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test....................................................................................... (7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test................................................................................ (8) For renewal of Classes A, B, C, and M commercial drivers' licenses ....... (9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing.......................................................................................................... $ 10.00 15.00 15.00 35.00 10.00 65.00 15.00 15.00 5.00 Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there MONDAY, MARCH 3, 1997 1079 shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year period for which the license was originally issued." SECTION 14. Said title is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants for drivers' licenses, and inserting in its place the following: "(a) The department shall examine every applicant for a driver's license. Such examination shall include a test of the applicant's eyesight, his or her ability to understand official 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 general class of vehicles he or she desires a license to drive. Applicants 18 years of age and older with valid and current 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 other than tests of eyesight. The examination may also include such further physical and mental 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 15. Said title is further amended by adding a new Code Section 40-5-57.1 to read as follows: "40-5-57.1. (a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be revoked by the department as provided by this Code section, and a driver's license revoked under this subsection shall not be reinstated. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of revocation shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such revocation. Notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. (b) A person whose driver's license has been revoked under subsection (a) of this Code section shall: (1) Except as otherwise provided by paragraph (2) of this subsection: (A) Upon a first such revocation, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license six months from the date on which the revoked license was surrendered to and received by the department; and (B) Upon a second or subsequent such revocation, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license 12 months from the date on which the revoked license was surrendered to and received by the department; (2) If the driver's license was revoked upon conviction for violation of Code Section 40-6-391 and the driver's alcohol concentration at the time of the offense was 0.08 grams or more, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license 12 months from the date on which the revoked license was surrendered to and received by the department. 1080 JOURNAL OF THE HOUSE, (c) Any person whose driver's license is revoked under subsection (a) of this Code section for violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-67.2. (d) Any person whose driver's license is revoked under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the Department of Public Safety and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63." SECTION 16. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return of license, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 48 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall net be considered a conviction? howcvcT, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;" SECTION 17. Said title is further amended by adding a new Code Section 40-5-63.1 to read as follows: "40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment MONDAY, MARCH 3, 1997 1081 program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Public Safety prior to license reinstatement, issuance, or restoration. Any person who is otherwise eligible for license reinstatement at the end of 120 days under paragraph (2) of subsection (a) of Code Section 40-5-63 and who has enrolled in but not completed a substance abuse treatment program may, at the end of such 120 day period, apply for a limited driving permit. Proof of such enrollment must be submitted with the application for a limited driving permit. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions." SECTION 18. Said title is further amended by striking Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof the following: "40-5-64. (a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.l) of Code Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2T provided that suek person has net had- his e* her driver's license suspended ander Code Section 40-6-68 or as otherwise provided by Code Section 40-5-63.1. (b) Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths. (c)Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Per Except as otherwise provided by subsection (c.l) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his or her place of employment or performing the normal duties of his or her occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) 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 (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner. (c.l) Exception to standards for approval. The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.l) of Code Section 40-5-22. (d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: 1082 JOURNAL OF THE HOUSE, (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and (5) Such other restrictions as the department may require. (e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.l) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57^ we upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-3912 or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his or her driver's license and the execution of a similar affidavit, or if the driver's license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit. (f) Liability of issuing officer. No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section. (g) Revocation of permit. (1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. (2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based, (h) Hearings. Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (i) Rules and regulations. The board may promulgate such rules and regulations as are necessary to implement this Code section. (j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor." SECTION 19. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of drivers' licenses of persons charged with driving under the influence, issuance MONDAY, MARCH 3, 1997 1083 of temporary driving permits, and disposition of cases, and inserting in lieu thereof the following: "40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows: (1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit; (2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or (3) If the test or tests administered pursuant to Code Section 40-5-55 indicate ft blood an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. (c)(l) If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section. (2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety for disposition." SECTION 20. Said title is further amended by striking in their entirety subsections (b), (b.l), (c), and (g) of Code Section 40-5-67.1, relating to the administration of chemical tests to determine whether a person is driving under the influence of alcohol or drugs, and inserting in lieu thereof new subsections (b), (b.l), (c), and (g), respectively, to read as follows: "(b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following: (1) Implied consent notice for suspects under age i8 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year er wrtil age 1% whichever is leagef. Your refusal to submit to the required testing may be offered into evidence against 1084 JOURNAL OF THE HOUSE, you at trial. If you submit to testing and the results indicate an alcohol concentration of 0^4 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended fe* a minimum period ef one year or until age 18j whichever is longer and, if you are convicted of having such an alcohol concentration, will be revoked. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (2) Implied consent notice for suspects age 18 21 or over: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (3) Implied consent notice for commercial motor vehicle driver suspects: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evi- dence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commer- cial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. (b.l) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after April 31; 1006 July lj 1997. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to April -, 1006 July Ij 1997, in which case those provisions of former Code Sections 40-5-67.1 and 40-6-392 governing the content of the notice required to be given by the officer to the person regarding administration of chemical testing and governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply. (c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical MONDAY, MARCH 3, 1997 1085 control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood an alcohol concentration of 0.10 grams or more or, for a person under the age of 48 21, a blood an alcohol concentration of &64 0.02 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a bleed an alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year." "(g)(l) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall request, in writ- ing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or (B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and (C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and (D) Whether the person refused the test; or (E) Whether a test or tests was were administered and the results indicated a blood an alcohol concentration of 0.10 grams or more or, for a person under the age of 18 21, e bleed an alcohol concentration of &04 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood an alcohol concentration of 0.04 grams or more; and (F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. 1086 JOURNAL OF THE HOUSE, (4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record, In the event that a plea ef ete contcnderc is accepted te charge ef violating Code Section 40 6 301, then the suspension shall be terminated, provided that the An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal; accepted plea ef nele contcndere; or other disposition other than by a conviction or plea of nolo contendere. the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee." SECTION 21. Said title is further amended by striking Code Section 40-5-68, relating to suspension of licenses by operation of law for failure to complete alcohol or drug course following an accepted plea of nolo contendere, and inserting in lieu thereof the following: "40-5-68. (a) The driver's license ef any persea whose plea ef note contendere te a ehai-ge ef violating Code Section 40-6-mi WAA accepted as orevided in Code Section 40-6-391 1 but who fails te complete a BUI Alcohol er Drug Use Risk Reduction Program approved by tile UCpQPtmGut Or TrttHMttl K69OUFCCS Oy tft ufttC SpCClI16Q Ift TJie COUFt 9 OFQ61* 199UQ. dfltCr OUCIl 11CCH9C 9illil DC 9U9pGHdGu fOP ft pCPlOd Or OfWJ yCftP IPOltt SUCil UfltC, At fttty time after auapcnaion bcgina, the person may apply te the Department ef- PttbHe Safety for reinstatement ef his driver's license. Seh license shall be reinstated only if the person submits proof ef completion ef BtH Alcohol er Drug se Riafe Reduction Program approved by the Department ef Human Resources and pays a restoration fee ef- $210.00 er $20ftOO when processed by ntaik \ D/ 'T\ny person wftosc QPIVCP 9 license nd9 Deen suspended oy opcpfliion or iflw ftft pro vided in subsection {a) ef this Code section shall immediately retain such license te the imcut. it snflii oe unio.wiui tor sny person to opepflte dny motor venicic ift tnis state after stteh person's driver's license has been suspended tinder this Code section, ifsaeh person has net thereafter obtained a valid driver's license Reserved." SECTION 22. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspension by operation of law, and inserting in lieu thereof the following: "40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, er 40-6-68, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension." SECTION 23. Said title is further amended by striking in its entirety Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof the following: "40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; MONDAY, MARCH 3, 1997 1087 (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probatedj except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; and (C) Not less than 40 hours of community servicej except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph subparagraph; and (C) Not less than 80 hours of community servicej except that for a second conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: 1088 JOURNAL OF THE HOUSE, (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph subparagraph; and (C) Not less than 20 days of community service^ except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (d)(l) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g)(l) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment program approved by the court. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section: (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section; (2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section, (i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section. (j)(l) The clerk of the court in which a person is convicted a third time under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of MONDAY, MARCH 3, 1997 1089 legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (k)(l) A person under the age of iS 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is &64 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. (2) Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section^ provided that any term of imprisonment served shall be subject to the provisions of Code Section 17-10-3.1, and any period of community service imposed on such person shall be required to be completed within 60 days of the date of sentencing. (3) No plea of nolo contendere shall be accepted for any person under the age of W 21 charged with a violation of this Code section. (4) The driver's license of any person convicted of violating this subsection shall be revoked as provided by Code Section 40-5-57.1. (1) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child." SECTION 24. Said title is further amended by striking Code Section 40-6-391.1, relating to entry of plea of nolo contendere and order to attend alcohol and drug course, and inserting in lieu thereof the following: "40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met: 1090 JOURNAL OF THE HOUSE, (1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) K ft ptea ef- nele contcndcrc is accepted as provided in subsection {b} ef this Code section, the judge shall, as a part ef-the disposition ef-the ease, efder -the defendant te attend and complete BUI Alcohol ef Brag Use Risk Reduction Program approved by the Department ef Human Resources. 3%e efder shaH stipulate that the defendant shall complete aeh program within 426 days and- that the defendant shaft submit aatiafactory evidence ef such completion te the Department ef Public Safety and the court, ^^e eeurt shaft atee require the surrender ef the driver's license and shall retain such license uLn tlltbiill q19iUlUKI1m11i4n9>n3i1nU1n1 tnjfl -- ^J-- lU~U^l tJ*T ln/nUilmllipf l1l-'4I-'1--U--11 t~TT U----ll Un^nJn^Jrlm \J -Vrl*rUl TU~\TWTXT 1A1l1/C-rUiV11iUn1l *TJT FLEJiTUnfgf T^JTai\rj B 11i1n9VA it; issue a temporary driving permit which shaH expire net mere than 120 days frem its ISSUCUlCGr A116 QCICHClftRT~9 QriVCf~S 11CCHSC Snflll DC fCtUWlCQ Dy WiC COUTt IHHDCCl1L16ly pen aubmiaaion ef preef ef completion ef an approved DUI Alcohol er Srvtg -Use Risk Reduction Program? ^^e judge shall afee netify the defendant that, if- he er she fatts te pCMftrt SflEuz 196 lUVftnCr ftUd ill S Of n^f QF1VCJ?~9 11CCH9C SIlftiT OC 9U9 pCttQ C Cl j >&y O{) C Pfl11 OH &i tdw, fts proviQCu tti OOQC oGclion 4U o oo flnfl siidit pcnuflin susponcicc* until tftc defendant completes such program. {e)-The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Safety within ten days after disposition. {fHe) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section and the defendant's driver's license has net been suspended ef has net had a plea ef nele contcndcrc accepted te a charge ef violating Code Section 40 6-301 within the previous five years, the eeart shall, subject te subsection {d} ef- this OOQC SCCUOH;' PCtUTtt ulG dFlVCP"8 ilCCH8G tO tftC pCPSOHJ OtftCrWlSCj SUCfl^ tilG QGIBHCifltlt S driver's license shall be forwarded to the Department of Public Safety as provided in subsection {b> (c of this Code section Section 40-5-67." SECTION 25. Said title is further amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 40-6-392, relating to chemical tests for the presence of alcohol and drugs in blood, and inserting in lieu thereof the following: "(2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of &6 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391." SECTION 26. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the use of ignition interlock devices as a condition of probation, is amended by striking Code Section 42-8-110, relating to definitions, applicability, and purchase or lease of ignition interlock devices by counties and municipalities, and inserting in lieu thereof the following: "42-8-110. (a) As used in this article, the term 'ignition interlock device' means a constant monitoring device certified by the commissioner of public safety which prevents a motor vehicle MONDAY, MARCH 3, 1997 1091 from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (b) As used in this article, the term 'provider center' means a facility established by a county or municipality for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court ef that county e* municipality. (c) Thia article shaft net apply with respect to a court in general if- the county er munic" [polity served by the eeart has net established a provider center. Thia article shaft net functioning certified ignition interlock device available for se i that particular ease? W-Ignition interlock devices for provider centers shall be purchased or leased by countieSj and municipalities! or private entities pursuant to competitive bidding procedures established by the rules and regulations of the Department of Public Safety. \c/\Qj A providet center uifly ciiflj^jc tii& person wriosc vcfticic ts v& DC ccjuippoQ wivft a ignition interlock eieviee installation and dcinstollation fees ad rental fees reasonably calculated te compensate the county e* municipality fe* the total direct and indirect costs of operating the provider center. A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinatallation, and user fees as are approved by the Department of Public Safety. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order." SECTION 27. This Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after July 1, 1997, and, except for subsection (b.l) of Code Section 40-5-67.1 as enacted by this Act, this Act shall not apply to offenses committed prior to that date. SECTION 28. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Scott of the 165th, Ladd of the 59th, Ragas of the 64th, Smith of the 109th and Coleman of the 142nd move to amend the Committee substitute to HB 681 as follows: After paragraph (iv) add the following (v) A police official shall not stop a vehicle pursuant to paragraphs i through iv except upon probable cause shown of another violation. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien N Andereon N Ashe N Bailey N Baker N Bannister N Barfoot Y Barnard N Barnes N Bates NBenefield N Birdsong Y Bohannon N Bordeaux N Bradford Y Breedlove Y Bridges Y Brooks Y Brown N Buck N Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty N Carter N Cash N ChanneU N Childers Y Clark Y Coan N Coleman, B Y Coleman, T N Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings Davis, G Y Davis, M N Day Y DeLoach, B Y DeLoach, G N Dix N Dixon, H N Dixon, S N Dobbs Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley Y Hammontree N Manner N Harbin N Heard 1092 JOURNAL OF THE HOUSE, NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Howard YHudgens Y Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James Jamieson N Jenkins N Johnson NJohnston N Jones Y Joyce YKaye YLadd Y Lakly NLane N Lee Y Lewis Y Lord Lucas Y Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton Y McKinney Y Mills Y Mobley N Mosley N Mueller N O'Neal N Orrock Y Parham Y Parrish N Parsons N Pelote Y Perry Y Pinholster N Poag N Polak N Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reichert Y Rice Y Richardson N Roberts N Rogers Y Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan Y Shaw N SherriU N Shipp N Sims N Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V Smyre N Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague Y Teper N Thomas N Tillman Y Titus Y Tolbert N Trense Turnquest Y Twiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker N Wiles Y Williams, B N Williams, J N Williams, R Y Worthan Yates Murphy, Spkr On the adoption of the amendment, the ayes were 64, nays 107. The amendment was lost. The following amendment was read and withdrawn: Representatives Channell of the lllth and Parham of the 122nd move to amend the Committee substitute to HB 681 by striking lines 16 and 17 of page 23 and inserting in lieu thereof the following: "any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 other than knowingly possessing any alcoholic beverage, violation of. The following amendment was read: Representative Teper of the 61st moves to amend the Committee substitute to HB 681 as follows: Page 19 after subparagraph (ii) on line 25 insert (iii) Going to or from a scheduled cultural event; Renumber (iii) to (iv) and (iv) to (v). 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 N Bannister N Barfoot N Barnard N Bames N Bates N Benefield NBirdsong N Bohannon N Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown N Buck N Buckner N Bunn N Burkhalter N Byrd N Campbell N Canty N Carter N Cash N Channell N Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Crawford Y Crews N Culbreth N Cummings Davis, G N Davis, M Y Day N DeLoach, B N DeLoach, G N Dix N Dixon, H N Dixon, S N Dobbs N Dukes N Ehrhart N Epps N Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley N Hammontree N Banner N Harbin N Heard N Hecht NHeckstall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James Jamieson MONDAY, MARCH 3, 1997 1093 N Jenkins N Johnson N Johnston N Jones Y Joyce NKaye YLadd N Lakly NLane NLee N Lewis NLord Lucas Y Maddox YMann N Manning N Martin, J N Martin, J.L NMassey N McBee NMcCall Y McClinton Y McKinney N Mills Y Mobley N Mosley N Mueller N O'Neal N Orrock NParham N Parrish N Parsons Y Pelote N Perry N Pinholster NPoag Y Polak N Ponder N Porter Y Powell N Purcell YRagas NRandall NRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor YTeague On the adoption of the amendment, the ayes were 22, nays 154. The amendment was lost. Y Teper Y Thomas NTiUman N Titus N Tolbert N Trense Y Turnquest YTwiggs N Walker, L N Walker, R.L N West N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Murphy, Spkr The following amendment was read: Representative Buckner of the 95th moves to amend the Committee substitute to HB 681 as follows: Page 16 continuing under C has been suspended from school for: Insert new section: (iv) Or found by juvenile court to be unruly, delinquent or guilty of any other felony not listed above. 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 N Barnard N Barnes N Bates N Benefield N Birdsong N Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown NBuck Y Buckner YBunn N Burkhalter YByrd N Campbell Y Canty N Carter NCaoh YChannell N Childers N Clark NCoan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth N CummingB Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S NDobbs N Dukes YEhrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley N Hammontree N Manner N Harbin N Heard Y Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James Jamieson N Jenkins N Johnson N Johnston N Jones N Joyce YKaye YLadd N Lakly NLane NLee N Lewis YLord Lucas Y Maddox YMann N Manning N Martin, J N Martin, J.L NMassey N McBee NMcCall N McClinton Y McKinney Y Mills N Mobley Y Mosley N Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag N Polak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling NSnow N Stallings N Stancil, F 1094 JOURNAL OF THE HOUSE, Y Stancil, S N Stanley, L Y Stanley, P N Taylor YTeague NTeper N Thomas YTillman N Titus N Tolbert N Trense N Turnquest Y Twiggs N Walker, L N Walker, R.L N West N Westmoreland N Whitaker N Wiles N Williams, B On the adoption of the amendment, the ayes were 35, nays 141. The amendment was lost. Y Williams, J N Williams, R N Worthan N Yates Murphy, Spkr The following amendment was read: Representative Franklin of the 39th moves to amend the Committee substitute to HB 681 as follows: Page 16 line 5 after the word "project" add: or any tool used in the repair of a motor vehicle. 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 Barnard N Barnes Y Bates N Benefield NBirdsong N Bohannon N Bordeaux N Bradford N Breedlove N Bridges Y Brooks Y Brown NBuck Y Buckner YBunn N Burkhalter NByrd N Campbell Canty N Carter NCash NChannell N Childers Y Clark YCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G NDix N Diion, H N Diion, S N Dobbs Dukes Y Ehrhart NEpps Y Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L N Massey NMcBee NMcCaU McCh'nton Y McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote Y Perry N Pinholster NPoag NPolak N Ponder N Porter N Powell NPurceU N Ragas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 39, nays 132. The amendment was lost. N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Snelling NSnow NStallings N Stancil, F N Stancil, S N Stanley, L Y Stanley, P N Taylor NTeague YTeper N Thomas NTillman N Titus N Tolbert N Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Y Williams, B N Williams, J N Williams, R N Worthan Y Yates Murphy, Spkr The following amendment was read: Representative Ehrhart of the 36th, et al. move to amend the Committee substitute to HB 681 as follows: MONDAY, MARCH 3, 1997 1095 On page 39 line 4 replace "high and aggravated misdemeanor" with "felony" On page 40 line 24 change: 120 days to "12 months" change: 12 months to "60 months" On line 27 change "ten days" to "90 days" On page 43 line 13 change high and aggravated to "felony". 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 Barnard Y Barries Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner YBunn Y Burkhalter NByrd N Campbell N Canty N Carter YCash N Channell N Childers Y Clark YCoan N Coleman, B N Coleman, T Connell Y Cooper N Crawford Y Crews Y Culbreth N Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YOU N DUon, H N Diion, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Heard YHecht N Heckstall N Hegstrom N Henson Y Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Jamieson Y Jenkins Y Johnson Y Johnston N Jones N Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord Lucas N Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley NMosley Y Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett Y Scheid Y Scott N Shanahan Shaw N Sherrill YShipp YSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 71, nays 103. The amendment was lost. Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling N Snow N Sellings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague YTeper N Thomas NTfflman N Titus N Tolbert N Trense N Tumquest YTwiggs N Walker, L Y Walker, R.L N West Y Westtnoreland N Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R N Worthan Y Yatea Murphy, Spkr The following amendment was read: Representative Tolbert of the 25th, et al. move to amend the Committee substitute to HB 681 as follows: Page 16 line 34 strike "90 days" and replace with "120 days". 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 Barnard YBarnes Y Bates Y Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck 1096 JOURNAL OF THE HOUSE, Y Buckner YBunn N Burkhalter YByrd N Campbell N Canty N Carter YCash N Channell N Childers Y Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G YDix N Dixon, H N Diion, S NDobbs N Dukes Y Ehrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Banner Y Harbin N Heard YHecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Jamieson Y Jenkins Y Johnson Y Johnston N Jones N Joyce YKaye YLadd YLakly NLane NLee Y Lewis YLord Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee McCall N McClinton Y McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice Y Richardson N Roberts Y Rogers N Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan YShaw N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor YTeague YTeper N Thomas NTiUman N Titus Y Tolbert N Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 75, nays 99. The amendment was lost. The following amendment was read: Representatives Wiles of the 34th, Ehrhart of the 36th, Evans of the 28th and Parsons of the 40th move to amend the Committee substitute to HB 681 as follows: By adding the following after the word "subparagraph" of line 25 p. 39 the following: "and no credit shall be given for time served prior to sentencing and the sentence shall be served at a detention facility other than the holding cell of the sentencing court". 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 Barnard Y Barnes N Bates N Benefield N Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner Y Bunn N Burkhalter NByrd N Campbell Canty N Carter YCash N Channell N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDix N Diion, H N Dixon, S NDobbs N Dukes Y Ehrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard Y Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Mills N Mobley MONDAY, MARCH 3, 1997 1097 Y Mosley Y MueUer N O'Neal NOrrock N Parham N Parrish Y Parsons NPelote N Perry YPinholster N Poag N Polak N Ponder N Porter NPowell N Purcell N Ragas N Randall N Ray N Reaves N Reichert Y Rice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett YScheid Scott N Shanahan N Shaw N Sherrill Y Shipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor N Teague Y Teper N Thomas N Tillman N Titus Y Tolbert N Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R N Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 70, nays 105. The amendment was lost. The following amendment was read and withdrawn: Representative Reichert of the 126th moves to amend the Committee substitute to HB 681 as follows: Page 21 line 21 after the word "fee", add the following language: "paid in cash or, at the option of the applicant by valid check drawn on the account of the applicant or by credit card charge on the account of the applicant. Failure of consideration shall revoke the license." The following amendment was read: Representative Scott of the 165th moves to amend the Committee substitute to HB 681 as follows: Striking line 5 page 19 and inserting in lieu of "(A) It shall be a secondary offense for a Class D license holder to operate a class". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Anderson NAshe N Bailey N Baker N Bannister N Barfoot N Barnard N Barnes N Bates NBenefield N Birdsong YBohannon N Bordeaux N Bradford Y Breedlove Y Bridges Y Brooks Y Brown N Buck N Buckner Y Bunn Y Burkhalter N Byrd N Campbell Canty N Carter Y Cash N Channell N Childers N Clark Y Coan Y Coleman, B Y Coleman, T N Connell N Cooper N Crawtord Y Crews N Culbreth N Cummings Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G N DU N Dixon, H N Dixon, S N Dobbs Y Dukes N Ehrhart N Epps N Evans N Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes Y Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James Jamieson N Jenkins Y Johnson N Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane N Lee Y Lewis N Lord Lucas Y Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton Y McKinney Y MiUs N Mobley N Mosley N Mueller N O'Neal NOrrock Y Parham Y Parrish N Parsons Y Pelote Y Perry Y Pinholster N Poag N Polak N Ponder N Porter N Powell 1098 JOURNAL OF THE HOUSE, N Purcell YRagas NRandall YRay N Reaves N Reichert YRice Y Richardson Y Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill Y Shipp NSims N Sinkfield N .Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S Stanley, L N Stanley, P N Taylor YTeague Y Teper N Thomas NTfflman N Titus N Tolbert N Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 67, nays 107. The amendment was lost. The following amendment was read: Representative Richardson of the 26th moves to amend the Committee substitute to HB 681 as follows: By striking "1:00 A.M." and inserting in lieu thereof "12:00 midnight" on line 7 of page 19. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien N Anderson NAshe N Bailey N Baker N Bannister NBarfoot N Barnard NBarnes N Bates N Benefield N Birdsong N Bohannon N Bordeau* Y Bradford N Breedlove N Bridges N Brooks Y Brown NBuck Y Buckner N Bunn Y Burkhalter NByrd Y Campbell Canty N Carter YCash YChannell Y Childers N Clark NCoan N Coleman, B N Coleman, T N Connell Y Cooper Y Crawford N Crews N Culbreth N Cummings Davis, G Y Davis, M NDay Y DeLoach, B N DeLoach, G YDii N Diion, H N Dixon, S Y Dobbs N Dukes NEhrhart NEpps N Evans Y Everett Y Felton N Floyd N Franklin N Golden N Graves N Greene N Grindley N Hammontree N Manner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James Jamieson N Jenkins N Johnson N Johnston N Jones N Joyce YKaye NLadd NLakly NLane NLee N Lewis NLord Lucas Maddox NMann N Manning N Martin, J N Martin, J.L N Massey N McBee Y McCall Y McClinton N McKinney N Mills N Mobley N Mosley N Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice Y Richardson Y Roberts Y Rogers N Royal Y Sanders Y Sauder N Scarlett N Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 39, nays 134. The amendment was lost. Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre N Snelling N Snow N Stallings N Stancil, F Y Stancil, S Stanley, L N Stanley, P N Taylor NTeague N Teper Y Thomas NTilhnan Y Titus N Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West N Westmorland N Whitaker N Wiles Y Williams, B Y Williams, J N Williams, R N Worthan Y Yates Murphy, Spkr The following amendment was read: MONDAY, MARCH 3, 1997 1099 Representatives Stanley of the 49th and Stanley of the 50th move to amend the Committee substitute to HB 681 as follows: Section 12 page 19 line 8 after "and" delete 6:00 AM replace with 5:00 AM. 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 N Baker Y Bannister NBarfoot Y Barnard N Baines Y Bates N Benefield N Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks N Brown NBuck Y Buckner YBunn N Burkhalter YByrd N Campbell Canty N Carter YCash YChannell N Childers Y Clark YCoan N Coleman, B Y Coleman, T N Connell Y Cooper Y Crawford Y Crews N Culbreth Y Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S NDobbs Y Dukes YEhrhart YEpps Y Evans N Everett Y Felton N Floyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard YHecht Y HeckstaU Y Hegstrom Y Henson N Holland Y Holmes Y Howard Y Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James Jamieson N Jenkins N Johnson N Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey N McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley N Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons Y Pelote Y Perry Y Pinholster NPoag NPolak Y Ponder Y Porter Y Powell N Purcell YRagas NRandall NRay N Reaves N Reichert YRice N Richardson Y Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Sbanahan NShaw N Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 100, nays 76. The amendment was adopted. Y Smith, C.W Y Smith, L N Smith, L.R N Smith, P Y Smith, T Y Smith, V NSmyre Y SneUing YSnow N Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert N Trense Y Turnquest YTwiggs N Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles N Williams, B N Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr The following amendment was read: Representatives Stancil of the 16th, Irvin of the 45th, Benefield of the 96th and Royal of the 164th move to amend the Committee substitute to HB 681 by striking line 30 of page 1 and inserting in lieu thereof the following: "drivers' licenses; to provide for revocation of a minor's driver's license or instruction permit upon the signed and verified request of a parent or guardian; to change certain provisions relating to". By inserting between lines 22 and 23 of page 22 the following: "SECTION 13A. Said title is further amended by striking subsection (a) of Code Section 40-5-26, relating to applications of minors, and inserting in lieu thereof the following: '(a) (1) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult. 1100 JOURNAL OF THE HOUSE, (2) The instruction permit or driver's license of any person under 18 years of age shall be revoked by the department upon the signed and verified request of a parent or guardian who signed and verified the minor's application under paragraph (1) of this subsection or, if such person is deceased or no longer has legal custody of the minor, the surviving parent or person having legal custody of the minor. A minor's instruction permit or driver's license revoked under this paragraph shall not be reinstated, and no new instruction permit or driver's license shall be issued to such minor unless the minor's application for such new instruction permit or driver's license is signed and verified by the father, mother, or guardian who signed and verified the revocation request or, if such person is deceased or no longer has legal custody of the minor, the surviving parent or person having legal custody of the minor. A minor shall not be subject to more than two revocations pursuant to the provisions of this paragraph.'". The following amendment was read and adopted: Representatives Tolbert of the 25th, Williams of the 83rd and Stancil of the 16th move to amend the Stancil amendment to the Committee substitute to HB 681 as follows: After "any" on line 21 page 1 add "unemancipated". On the adoption of the Stancil amendment, as amended, the roll call was ordered and the vote was as follows: N Alien N Anderson NAshe N Bailey N Baker Y Bannister N Barfoot Y Barnard YBarnes N Bates Y Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Burkhalter YByrd Y Campbell Canty N Carter YCash Y Channel! N Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper Y Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G NDix N Diion, H N Diion, S N Dobbs Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Banner Y Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Jamieson Y Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis NLord Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee YMcCall N McCHnton McKinney Y Mills N Mobley Y Mosley Y Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell YRagas NRandall NRay N Reaves N Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill Y Shipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 80, nays 91. The amendment was lost. Y Smith, C.W N Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P Taylor NTeague N Teper N Thomas NTillman Y Titus Y Tolbert Y Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R N Worthan NYates Murphy, Spkr Due to a mechanical malfunction, the vote of Representative Burkhalter of the 41st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. MONDAY, MARCH 3, 1997 1101 The following amendment was read: Representatives Ladd of the 59th, Scarlett of the 174th and Day of the 153rd move to amend the Committee substitute to HB 681 by striking line 9 of page 19 and inserting in lieu thereof the following: "daylight time, whichever is applicable, without having in his or her immediate possession the signed express written consent of his or her parent or legal guardian to do so, provided that any such consent shall specify a period of not more than 14 days to which it is applicable; unless:". 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 Barnard N Barms N Bates N Benefield N Birdsong Y Bohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell Canty N Carter YCash YChannell N Childers N Clark YCoan Y Coleman, B N Coleman, T N Connell N Cooper N Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDii N Diion, H N Dixon, S N Dobbs N Dukes YEhrhart NEpps N Evans N Everett Y Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley Y Hammontree N Planner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James Jamieson N Jenkins Johnson N Johnston N Jones Y Joyce YKaye YLadd NLakly NLane NLee N Lewis NLord Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey N McBee NMcCall N McClinton McKinney Y Mills N Mobley N Mosley N Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry N Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell YRagas NRandall YRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett N Scheid Y Scott N Shanahan NShaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling NSnow N Stagings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor Teague NTeper N Thomas NTillman Y Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L NWest N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 38, nays 134. The amendment was lost. The following amendment was read: Representatives Ladd of the 59th and Day of the 153rd move to amend the Committee substitute to HB 681 by, on page 19, striking the word "or" on line 18, striking the word "and" at the end of line 20 and inserting the word "or" in its place, and by inserting between lines 20 and 21 the following: "(v) Going to or from an organized sporting event in which the Class D license holder or a member of his or her immediate family is a participant; and". The following amendment was read and adopted: 1102 JOURNAL OF THE HOUSE, Representative Ladd of the 59th moves to amend the Ladd amendment to the Committee substitute to HB 681 as follows: Line 8 after the word "event" add the words "or practice". On the adoption of the Ladd amendment, as amended, the roll call was ordered and the vote was as follows: N Alien N Anderson NAshe N Bailey N Baker N Bannister N Barfoot Y Barnard NBarnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell Canty N Carter YCash YChannell N Guilders Y Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth Y Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S NDobbs N Dukes N Ehrhart NEpps N Evans Y Everett N Felton N Floyd Y Franklin Y Golden N Graves N Greene N Grindley Y Hammontree N Manner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley NIrvin Y Jackson N James Jamieson N Jenkins N Johnson N Johnston N Jones Y Joyce NKaye YLadd NLakly NLane NLee N Lewis NLord Lucas Y Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton McKinney Y Mills N Mobley N Mosley N Mueller N O'Neal N Orrock NParham N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag N Polak N Ponder N Porter N Powell N Purcell YRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan YShaw N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre N Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague YTeper Y Thomas NTillman Y Titus N Tolbert N Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L NWest Y Westmorland N Whitaker N Wiles N Williams, B Y Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr On the adoption of the amendment, as amended, the ayes were 51, nays 122. The amendment was lost. The following amendment was read: Representative Massey of thge 86th moves to amend the Committee substitute to HB 681 by striking line 15 of page 23 and inserting in lieu thereof the following: "attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57,". 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 Y Barnard YBarnes N Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner YBunn Y Burkhalter NByrd Y Campbell Canty N Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper Y Crawford Y Crews N Culbreth N Cummings MONDAY, MARCH 3, 1997 1103 Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDii N Dixon, H N Dixon, S YDobbs Y Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin Y Heard NHecht N Heckstall Y Hegstrom Y Henson N Holland N Holmes Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Jamieson N Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee NMcCall N McClinton Y McKinney Y Mills Y Mobley Mosley Y Mueller N O'Neal N Orrock NParham NParrish Y Parsons N Pelote Y Perry Y Pinholstor NPoag Y Polak N Ponder N Porter N Powell NPurceU YRagas NRandall NRay N Reaves N Reichert YRice Y Richardson Y Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott YShanahan NShaw N Sherrill YShipp NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P Smith, T Y Smith, V NSmyre Y Snelling On the adoption of the amendment, the ayes were 93, nays 79. The amendment was adopted. NSnow N Stallings N Stancil, F Y Stancil, S Y Stanley, L N Stanley, P Y Taylor Teague Y Teper N Thomas NTillman Y Titus N Tolbert Y Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L N West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R Y Worthan YYates Murphy, Spkr The following amendment was read and adopted: Representatives Coleman of the 142nd, Scott of the 165th and Walker of the 141st move to amend the Committee substitute to HB 681 by adding after the word "age." on line 26, page 19, a new sentence to read as follows: "Provided, however, the Class D license holder shall not be charged with having three other passengers in the vehicle who are not members of the drivers immediate family are less than 21 years of age unless said holder is charged with another traffic offense; i.e., said offense shall be a secondary offense and not a primary offense." The following amendments were read: Representative Massey of the 86th move to amend the Committee substitute to HB 681 by striking line 26 of page 19 and inserting in lieu thereof the following: "age, except that during the six-month period immediately following the date of issuance of such license the Class D license holder shall not so drive when more than one other passenger in such vehicle who is not a member of the driver's immediate family is less than 21 years of age.". Representative Buckner of the 95th moves to amend the Massey amendment to the Committee substitute to HB 681 as follows: Line 5 change six-month period to 12-month period. On the adoption of the Buckner amendment to the Massey 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 Barnard NBames N Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford 1104 N Breedlove Y Bridges N Brooks N Brown NBuck Y Buckner YBunn N Burkhalter NByrd N Campbell Canty N Carter NCash N Channell N Childers N Clark NCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews N Culbreth N Cummings Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S JOURNAL OF THE HOUSE, N Dobbs N Dukes NEhrhart N Epps N Evans N Everett Y Felton N Floyd N Franklin N Golden N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson Y James Jamieson N Jenkins N Johnson N Johnston N Jones N Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord Lucas N Maddox NMann N Manning N Martin, J N Martin, J.L N Massey N McBee NMcCall N McClinton N McKinney N Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag N Polak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw N Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling NSnow NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor Teague N Teper N Thomas N Tillman N Titus N Tolbert N Trense N Turnquest NTwiggs N Walker, L N Walker, R.L N West N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 6, nays 167. The amendment was lost. On the adoption of the Massey amendment, the roll call was ordered and the vote was as follows: N Alien N Anderson NAshe N Bailey N Baker N Bannister N Barfoot Y Barnard N Barnes N Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown NBuck Y Buckner YBunn N Burkhalter NByrd N Campbell Canty N Carter NCash Y Channell N Childers N Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford N Crews N Culbreth N Cummings Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S Y Dobbs N Dukes YEhrhart NEpps Y Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes Y Howard N Hudgens Y Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson N James Jamieson N Jenkins N Johnson N Johnston N Jones N Joyce YKaye NLadd NLakly NLane NLee N Lewis NLord N Lucas Y Maddox NMann Y Manning N Martin, J N Martin, J.L Y Massey N McBee NMcCall N McClinton N McKinney N Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag N Polak N Ponder N Porter N Powell N Purcell NRagas NRandall Ray N Reaves N Reichert YRke Y Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor N Teague N Teper N Thomas N Tillman N Titus N Tolbert MONDAY, MARCH 3, 1997 1105 NTrense N Turnquest NTwiggs N Walker, L N Walker, R.L N West N Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J N Williams, R On the adoption of the amendment, the ayes were 31, nays 144. The amendment was lost. Y Worthan Y Yates Murphy, Spkr The following amendment was read: Representative Sauder of the 29th moves to amend the Committee substitute to HB 681 by deleting "or" from line 18 of page 19. By striking "and" and inserting in lieu thereof "or" on line 20 of page 19. By inserting between lines 20 and 21 of page 19 the following: "(v) Going to or from a swimming practice at a swimming facility; and". 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 Barnard NBames Y Bates N Benefield NBirdsong N Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown NBuck N Buckner YBunn Y Burkhalter NByrd N Campbell Canty N Carter YCash N Channel] Y Childers N Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford N Crews Y Culbreth Y Cummings Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G YDix N Diion, H N Dixon, S NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett N Felton Y Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht NHeckstall N Hegstrom YHenson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James Jamieson N Jenkins N Johnson N Johnston N Jones Y Joyce YKaye YLadd NLakly NLane NLee N Lewis NLord N Lucas Maddoz YMann Y Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton McKinney N Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons Y Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett N Scheid Y Scott N Shanahan NShaw N Sherrill YShipp N Sims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 53, nays 120. The amendment was lost. N Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre N Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague YTeper N Thomas NTiUman Y Titus N Tolbert N Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West N Westmoreland Y Whitaker Y Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr The following amendment was read: Representative Joyce of the 1st moves to amend the Committee substitute to HB 681 as follows: 1106 JOURNAL OF THE HOUSE, Remove page 19 lines 5 through 20. Renumber following subsections accordingly. 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 Barnard NBarnes N Bates N Benefield N Birdsong Y Bohannon N Bordeaux N Bradford N Breedlove Y Bridges Y Brooks N Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell Canty N Carter NCash N Channell N Childers Y Clark YCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews N Culbreth N Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDix N Dixon, H N Diion, S N Dobbs N Dukes NEhrhart NEpps N Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley N Hammontree N Manner N Harbin N Heard NHecht N Heckstall N Hegstrom Henson N Holland N Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin Y Jackson N James Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce NKaye NLadd YLakly NLane NLee N Lewis Lord Lucas N Maddox NMann N Manning N Martin, J N Martin, J.L Y Massey N McBee NMcCall N McClinton Y McKinney Y Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry N Pinholster NPoag NPolak N Ponder N Porter Y Powell N Purcell NRagas NRandall NRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid Y Scott N Shauahan NShaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 26, nays 146. The amendment was lost. N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre NSnelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor N Teague NTeper N Thomas NTillman Y Titus N Tolbert N Trense Turnquest NTwiggs N Walker, L N Walker, R.L NWest Y Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan 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 substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper 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 Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland MONDAY, MARCH 3, 1997 1107 Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton N McKinney Y Mills Y Mobley YMouley Y Mueller YO'Neal YOrrock YFarham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Coan of the 82nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Jamieson of the 22nd 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 Speaker announced the House in recess until 3:00 o'clock this afternoon. 1108 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 416. By Representatives Ponder of the 160th and Greene of the 158th: A resolution recognizing and commending Early County Elementary School. HR 417. By Representatives Smith of the 169th and Dixon of the 168th: A resolution commending Hank Orberg. HR 418. By Representatives Dixon of the 150th, Thomas of the 148th, Day of the 153rd, Mueller of the 152nd, Pelote of the 149th and others: A resolution commending and honoring Monsignor Daniel J. Bourke who will serve as Grand Marshal of the 1997 St. Patrick's Day Parade in Savannah. HR 419. By Representatives Smyre of the 136th, Hugley of the 133rd, Taylor of the 134th, Culbreth of the 132nd and Buck of the 135th: A resolution honoring Edgar Lester. HR 420. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Stanley of the 49th and Stanley of the 50th: A resolution honoring James and Robert Paschal. HR 421. By Representatives Henson of the 65th, Childers of the 13th, Orrock of the 56th, Baker of the 70th, Murphy of the 18th and others: A resolution recognizing and commending Gene C. Russo. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 306. By Representatives Smith of the 109th, Barnes of the 33rd and Crawford of the 129th: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the provisions regarding failure to pay such tax barring actions on indebtedness. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the provisions regarding failure to pay such tax barring actions on indebtedness; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 3, 1997 1109 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, is amended by striking subsection (a) of Code Section 48-6-77, relating to failure to pay the intangible recording tax barring action on indebtedness, and inserting in its place the following: "(a) Failure to pay the tax levied by this article shall constitute a bar to the collection by any action, foreclosure, the exercise of any power of sale, or otherwise of the indebtedness secured by any instrument required by this article to be recorded, whether the instrument is held by an original party to the instrument or by a transferee. However, failure to pay the tax levied by this article shall not affect or discharge the indebtedness and other obligations secured by such instrument or the debtor's liability on account thereof and, subject to the bar, such instrument shall continue to secure the indebtedness and other obligations secured thereby and shall continue to encumber the collateral described therein. The bar may be removed by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due, plus a penalty of 50 percent of the amount of the tax2 after which the process to collect the indebtedness, including foreclosure, may proceed as if no bar ever existed. However, if an instrument required to be recorded fails to reflect on its face that the tax levied by this article is due and after a foreclosure has taken place it is discovered that the instrument securing the indebtedness is in fact subject to the tax, any deed given pursuant to the foreclosure or in lieu of foreclosure shall be imperfected but may be perfected by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due plus a penalty of 50 percent of the amount of the tax. Once the tax, interest, and penalty as required in this subsection have been paid, the perfection of the deed will revert back to the date of the deed, and the deed shall retain its priority over any and all intervening liens or conveyances except those conveyances and liens made or created by the grantee, its successors, and assigns named in the foreclosure deed or deed in lieu of foreclosure. These provisions shall have no effect on any instrument subject to the tax on which the statute of limitations has expired." SECTION 2. This Act shall become effective on July 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 substitute, 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 Y Barfoot Barnard Bames Bates Y Benefield Y Birdsong YBohannon Bordeaux Bradford YBreedlove Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carter YCash Y Channel! Childers Y Clark Y Coan Y Coleman, B Coleman, T Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Dobbs Dukes Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Golden Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Holmes Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce Kaye Y Ladd Y Lakly Lane Y Lee 1110 JOURNAL OF THE HOUSE, Y Lewis YLord Lucas Maddoi YMann Y Manning Martin, J Martin, J.L YMassey YMcBee McCall McClinton McKinney YMills Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham Y Parrish Parsons Y Pelote Y Perry Y Pinbolster YPoag Polak Y Ponder Porter Powell YPurceU YRagas Randall Ray Reaves Y Reichert Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Smith, C Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Snow YStallings Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague YTeper Y Thomas Y Tillman E Titus Y Tolbert Y Trense Turnquest Twiggs Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Lane of the 146th, Twiggs of the 8th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 250. By Representative Parham of the 122nd: A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to change certain provisions relating to powers of local governing authorities as to alcoholic beverage licensing; to change certain provisions relating to furnishing alcoholic beverages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification. The following Committee substitute was read: A BILL To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide that no person under the age of 21 years shall attempt to purchase alcoholic beverages; to authorize retailers or retail consumption dealers to seize and retain the driver's license of any person under the age of 21 years tendered as identification by such person; to provide for suspension of the driver's license of any person who violates paragraph (2) of subsection (a) of Code Section 3-3-23; to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of drivers' license suspension, so as to provide for the suspension of the driver's license of any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, is amended by striking Code Section 3-3-23, relating to furnishing alcoholic beverages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification, and inserting in its place the following: "3-3-23. MONDAY, MARCH 3, 1997 1111 (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age; (2) No person under 21 years of age shall purchasej attempt to purchase, or knowingly possess any alcoholic beverage; (3) No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or (5) No person under 21 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage. (b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or (2) At a religious ceremony. (c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present. (d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term 'proper identification' means any document issued by a governmental agency con- taining a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate and shall not include any traffic citation and complaint form. (e) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 21 years of age from: (1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employ- ment in any licensed establishment; (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment. (f) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 21 years of age. (g) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. (h) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom an alcoholic beverage is to be sold or otherwise furnished is actually 21 years of age or older, it shall be the duty of the person selling or otherwise furnishing such alcoholic beverage to request to see and to be furnished with proper identification as provided for in subsection (d) of this Code section in order to verify the age of such person; and the failure to make such request and verification in any case where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so knowingly. 1112 JOURNAL OF THE HOUSE, (i) Any retailer or retail consumption dealer, or any person acting on behalf of such retailer or retail consumption dealer, who upon requesting proper identification from a person attempting to purchase alcoholic beverages from such retailer or retail consump" tion dealer pursuant to subsection (h) of this Code section is tendered a driver's license which indicates that such driver's license is falsified, is not the driver's license of the person presenting itj or that such person is under the age of 21 years shall be authorized to seize and retain such driver's license. A law enforcement officer shall be summoned immediately upon the seizure of a driver's license under this subsection, and such officer shall upon arrival take possession of the driver's license. The procedures and rules connected with the retention of such license by the officer shall be the same as those provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11." SECTION 2. Said article is further amended by striking Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, and inserting in its place the following: "3-3-23.1. (a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age. (b)(l) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both. (2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature. (3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year. (c) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place h4 such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint him such person with the ill effects of alcohol abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person. (d) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation a person accused of violating MONDAY, MARCH 3, 1997 1113 only paragraph (2) of subsection (a) of Code Section 3-3-23. The citation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that he such person be brought before the court to answer the charges contained within the citation and the charge of his or her failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation of a person who is intoxicated. (e) A law enforcement officer arresting a person by the issuance of a citation under subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11. (f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Public Safety within ten days after conviction or sentencing." SECTION 3. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of drivers' license suspension, is amended by adding at the end thereof a new subsection (f) to read as follows: "(f) The driver's license of any person who is convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended." SECTION 4. This Act shall become effective July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Channell of the lllth and Parham of the 122nd move to amend the Committee substitute to HB 250 by striking line 10 of page 1 and inserting in lieu thereof the following: "attempts to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section". By striking line 14 of page 1 and inserting in lieu thereof the following: 1114 JOURNAL OF THE HOUSE, "the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of. By striking line 42 of page 4 and inserting lieu thereof the following: "license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph". By striking line 37 of page 6 and inserting in lieu thereof the following: "of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code". The following amendment was read: Representatives Ladd of the 59th, Skipper of the 137th and Walker of the 141st move to amend the Committee substitute to HB 250 as follows: Page 5 line 2, change "shall" to "may" Line 3, change "shall" to "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 Y Baker Y Bannister NBarfoot N Barnard NBaraes N Bates N Benefield YBirdeong N Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks N Brown NBuck N Buckner YBunn N Burkhalter NByrd Y Campbell Canty Y Carter YCash NChannell N ChUders Y Clark YCoan N Coleman, B N Coleman, T Connell N Cooper N Crawford N Crews N Culbreth Y Cummings Davis,G Y Davis, M Day Y DeLoach, B N DeLoach, G NDix N Dixon, H Y Dixon, S YDobbs Y Dukes Ehrhart NEpps N Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley Y Hammontree Y Manner N Harbin Y Heard N Hecht Y Heckstall Y Hegstrom N Henson N Holland N Holmes N Howard N Hudgens Hudson, H N Hudson, N N Hugley NIrvin Y Jackson N James Jamieson N Jenkins N Johnson N Johnston Y Jones Y Joyce YKaye YLadd NLakly NLane NLee N Lewis NLord Y Lucas Y Maddox YMann N Manning N Martin, J N Martin, J.L YMassey Y McBee NMcCaU N McClinton N McKinney N Mills N Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry N Pinholster YPoag Y Polak Ponder Porter N Powell N Purcell YRagas YRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott YShanahan NShaw Y Sherrill NShipp NSims Sinkfleld Y Skipper Y Smith, C On the adoption of the amendment, the ayes were 57, nays 106. The amendment was lost. The following amendment was read and adopted: N Smith, C.W Y Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V Smyre N Snelling YSnow N Stallings N Stancil, F N Stancil, S Stanley, L Y Stanley, P N Taylor Teague Y Teper Y Thomas NTillman E Titus Y Tolbert NTrense Turnquest NTwiggs Y Walker, L N Walker, R.L West N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr MONDAY, MARCH 3, 1997 1115 Representatives Tolbert of the 25th and Walker of the 141st move to amend the Committee substitute to HB 250 as follows: By deleting lines 6 through the word "license." on line 11, page 4 and substituting in lieu thereof: "person is under the age of 21 years, the person to whom said license is tendered shall be authorized to write down the name, address, and license number and shall immediately thereafter summon a law enforcement officer who shall be authorized to seize the license either at the scene or at such time as the license can be located." The following amendment was read: Representative Everett of the 163rd moves to amend the Committee substitute to HB 250 by adding on line 5 of page 1 immediately following the word and symbol "beverages;" the following: "to require persons selling or otherwise furnishing alcoholic beverages to request to see the identification of any person 27 years old or younger;". By striking line 27 on page 3 and inserting in lieu thereof the following: "furnished is actually 31 27 years of age or older, it shall". 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 Y Barnard N Barnes N Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown NBuck N Buckner NBunn Y Burkhalter YByrd Y CampbeU Canty N Carter NCash N ChanneU N Childers N Clark NCoan N Coleman, B N Coleman, T Connell N Cooper N Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M Day Y DeLoach, B N DeLoach, G Dix N Dixon, H N Dixon, S YDobbs N Dukes Ehrhart NEpps N Evans Y Everett Felton N Floyd N Franklin N Golden N Graves N Greene Y Grindley N Hammontree N Banner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens Hudson, H N Hudson, N N Hugley Ylrvin Jackson N James Jamieson Y Jenkins N Johnson N Johnston N Jones N Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey Y McBee NMcCall N McClinton N McKinney Y Mills N Mobley Y Mosley Y Mueller N O'Neal N Orrock NParham N Parrish N Parsons Y Pelote N Perry Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid Y Scott N Shanahan NShaw N Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 31, nays 134. The amendment was lost. Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor NTeague N Teper N Thomas N Tillman E Titus N Tolbert N Trense Turnquest NTwiggs N Walker, L N Walker, R.L N West N Westmorland N Whitaker Y Wiles Y Williams, B N Williams, J N Williams, R N Worthan YYates Murphy, Spkr 1116 JOURNAL OF THE HOUSE, Representative Sauder of the 29th moved that the House reconsider its action in failing to adopt the Ladd amendment. 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 NBarfoot N Barnard NBarnes N Bates N Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks N Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Canty N Carter YCash N Channel! N Guilders Y Clark YCoan N Coleman, B N Coleman, T Connell N Cooper N Crawford N Crews N Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G NDix N Dixon, H Y Dixon, S N Dobbs N Dukes Ehrhart NEpps N Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley Y Hammontree N Hanner N Harbin N Heard N Hecht NHeckstaU N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens Hudson, H N Hudson, N N Hugley N Irvin N Jackson James Jamieson N Jenkins N Johnson N Johnston Y Jones Y Joyce YKaye YLadd NLakly NLane NLee N Lewis NLord Y Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton McKinney N Mills N Mobley N Mosley N Mueller N O'Neal On the motion, the ayes were 54, nays 114. The motion was lost. Y Orrock NParham NParrish Y Parsons Y Pelote N Perry N Pinholster NPoag N Polak Ponder N Porter N Powell N Purcell YRagas YRandall YRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett N Scheid Y Scott N Shanahan YShaw N Sherrill YShipp NSims N Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V YSmyre N Spelling YSnow NStaUings N Stancil, F Y Stancil, S Y Stanley, L N Stanley, P N Taylor NTeague YTeper N Thomas NTillman E Titus Y Tolbert N Trense N Turnquest NTwiggs Y Walker, L N Walker, R.L N West N Westmorland N Whitaker Y Wiles N Williams, B N Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr The following amendment was read and ruled out of order: Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 250 as follows: Add new Section 4 and renumber Section 4 to 5 and 5-6. New Section 4 reads as follows: "No alcoholic beverage may be sold in convenience stores or grocery stores if such beverage is cooled to a temperature of less than 65 F." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the B'll, 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 Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Bradford MONDAY, MARCH 3, 1997 1117 Y Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner NBunn Y Burkhalter YByid Y Campbell Canty Y Carter YCash YChanneU Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Diion, S Y Dobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas N Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall N McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell N Rages YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling NSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P Y Taylor NTeague YTeper N Thomas YTilhnan E Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y WUliams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Hudson of the 120th 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 Speaker assumed the Chair. HB 309. By Representative Greene of the 158th: A bill to amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to local law exceptions to Code Sections 21-3-60 through 21-3-63 relating to terms of office and elections of municipal offices, so as to provide that the General Assembly is authorized to provide by local law for municipal offices elected pursuant to a prior local law authorized by subsection (a) or (c) of Code Section 21-3-64 so as to change the terms of office to 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 roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell 1118 JOURNAL OF THE HOUSE, Y Cooper Y Crawford Y Crews Y Culbreth Y Cununings Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G Dii Y Dixon, H Y Diion, S YDobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Thomas YTiUman E Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. Representative Hudson of the 120th 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 497. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization for the department to compensate employees for damage to apparel under certain circumstances. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker N Bannister Barfoot YBarnard YBarnes N Bates Y Benefield Y Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G N Davis, M Day DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs N Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Ylrvin N Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann MONDAY, MARCH 3, 1997 1119 Y Manning Martin, J Y Martin, J.L YMassey YMcBee McCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y MueUer YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandaU YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman E Titus Y Tolbert Y Trense Turnquest NTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, the ayes were 153, nays 13. The Bill, having received the requisite constitutional majority, was passed. Representative Dukes of the 161st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Hudson of the 120th 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 682. By Representatives Connell of the 115th, Walker of the 141st, Irvin of the 45th, Smyre of the 136th, Davis of the 48th and others: A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages at publicly owned facilities, so as to authorize such sales at certain university system continuing education centers; to authorize such sales at certain university system athletic facilities under certain circumstances. The following amendment was read and adopted: Representative Connell of the 115th moves to amend HB 682 as follows: Add the words "or licensed" after the word leased on page 2 line 11. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Andereon YAshe Y Bailey Y Baker N Bannister YBarfoot N Barnard NBames Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks Y Brown YBuck N Buckner NBunn Y Burkhalter NByrd Y Campbell Canty Y Carter NCash YChannell N Childers N Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper N Crawford N Crews Y Culbreth N Cummings Davis, G N Davis, M Day DeLoach, B Y DeLoach, G Dix Y DUon, H Y DUon, S Y Dobbs Y Dukes Ehrhart YEpps N Evans Y Everett Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley N Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y HeckstaU N Hegstrom Henson N Holland Y Holmes N Howard N Hudgens Hudson, H Y Hudson, N 1120 JOURNAL OF THE HOUSE, Y Hugley Ylrvin N Jackson Y James Jamieson N Jenkins Y Johnson N Johnston Y Jones Joyce NKaye NLadd YLakly NLane YLee N Lewis YLord Y Lucas Maddoz NMann Y Y Martin, J Y Martin, J.L NMassey Y McBee McCall Y McClinton McKinney N Mills Y Mobley N Mosley N Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid N Scott Y Shanahan YShaw Y Sherrill Y Shipp NSims Y Sinkfield Y Skipper N Smith, C N Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T N Smith, V YSmyre N Snelling YSnow Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper N Thomas YTillman E Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L YWest N Westmorland Y Whitaker Y Wiles N Williams, B N Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 111, nays 52. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Joyce of the 1st 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 Hudson of the 120th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. By unanimous consent, HB 682 was ordered immediately transmitted to the Senate. HB 152. By Representative Birdsong of the 123rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for the official organ of publication. The following Committee substitute was read and adopted: A BILL To amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for the official organ of publication; 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 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, is amended by striking Code Section 9-13-142, relating to requirements for the official organ of publication and how the official organ is changed, and inserting in lieu thereof a new Code Section 9-13-142 to read as follows: "9-13-142. (a) No journal or newspaper published in this state shall be declared or made the official organ of any county for the publication of sheriffs sales, citations of probate court MONDAY, MARCH 3, 1997 1121 judges, or any other advertising commonly known in terms of 'official or legal advertising' and required by law to be published in such county official newspaper unless the newspaper shall be of general circulation and have been continuously published and mailed or delivered to a list of paid bona fide subscribers in that county for a period of twe years one year or is the direct successor of such a journal or newspaper and unless 85 percent of the circulation of the newspaper or journal is paid circulation and has been paid circulation, as established by an independent audit, for a period of 12 months prior to the newspaper's or journal's being declared or made the official organ. (b) However, in counties where no journal or newspaper has bee established for twe years meets the qualifications set forth in subsection (a) of this Code section, the official organ may be designated by the judge of the probate court, the sheriff, and the clerk of the superior court, a majority of these officers governing. (c) No change shall be made in the official organ of any county except upon the concurrent action of the judge of the probate court, the sheriff, and the clerk of the superior court of the county or a majority of the officers. No officer shall change the advertising connected with his or her office from one paper to another without first giving notice of his or her intention to do so in the paper in which his or her advertisements have previously been published. (d) Not later than December 31, 1989, and during the month of December in each year thereafter the judge of the probate court of each county shall notify the Secretary of State, on a form supplied by the Secretary of State, of the name and mailing address of the journal or newspaper currently serving as the official organ of the county. The judge of the probate court shall also likewise notify the Secretary of State of any change in the official organ of the county at the time that such change is made. The Secretary of State shall maintain at all times a current listing of the names and addresses of all county organs and shall make such list available to any person upon request." SECTION 2. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien YAndereon Y Ashe Y Bailey Y Baker Y Bannister N Barfoot N Barnard YBames N Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn YBurkhalter N Byrd Y Campbell Canty N Carter Y Cash Y ChanneU N Childers Y Clark Y Coan Y Coleman, B N Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings Davis, G Y Davis, M Day N DeLoach, B Y DeLoach, G N Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd Y Franklin N Golden Y Graves Greene Y Grindley Y Hammontree N Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson N Holland Y Holmes Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye N Ladd N Lakly Y Lane Y Lee Y Lewis N Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey N McBee McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Perry Y Pinholster 1122 JOURNAL OF THE HOUSE, NPoag YPolak N Ponder Porter Y Powell YPurcell Y Ragas YRandall YRay Y Reaves Reichert YRice Y Richardson Y Roberts Y Rogers N Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott Y Shanahan NShaw Sherrffl YShipp YSims Sinkfield N Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T N Smith, V YSmyre N Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman E Titus Y Tolbert Y Trense Turnquest NTwiggs Y Walker, L Y Walker, R.L YWest N Westmorland Y Whitaker N Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 130, nays 33. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Reichert of the 126th 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 Greene of the 158th 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 553. By Representatives Barnes of the 33rd, Murphy of the 18th and Ragas of the 64th: 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 generally, so as to provide for reimbursement of medical benefits paid to health benefit plans, health maintenance organizations, and insurers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages exclusive of such reimbursable 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 Y Ashe Y Bailey Y Baker N Bannister YBarfoot Y Barnard Y Barnes N Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux N Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner N Bunn Y Burkhalter NByrd Y Campbell Y Canty Y Carter NCash Y Channell Y Childere Y Clark NCoan N Coleman, B Y Coleman, T Connell Y Cooper Y Crawford N Crews N Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B N DeLoach, G YDii Y Dixon, H Y Diion, S Y Dobbs Y Dukes Ehrhart YEpps N Evans Y Everett Y Felton N Floyd N Franklin N Golden Y Graves Y Greene N Grindley Y Hammontree Y Hanner N Harbin N Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N N Hugley NIrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis NLord Y Lucas Maddox YMann N Manning Y Martin, J Y Martin, J.L NMassey Y McBee McCaU McClinton McKinney N Mills Y Mobley N Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish N Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell Y Ragas YRandaU YRay Y Reaves MONDAY, MARCH 3, 1997 1123 Y Reichert NRice Y Richardson Y Roberts Y Rogers N Royal N Sanders YSauder YScailett YScheid N Scott Y Shanahan NShaw Y Sherrill N Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T N Smith, V Y Smyre E Snelling Y Snow Y StaUings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y TiUman E Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y West N Westmoreland Y Whitaker N Wiles Y Williams, B N Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, the ayes were 118, nays 50. The Bill, having received the requisite constitutional majority, was passed. HB 496. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization to the department to lease state property to a private vendor selected to operate a program on behalf of the department on state-owned property. The following amendment was read and adopted: Representatives Walker of the 141st and Skipper of the 137th move to amend HB 496 as follows: On page 1, line 25, after the ";" add: provided, however, that any such lease shall provide that if the property which is the subject of the lease is sold and conveyed during the term of the lease, such lease shall expire by operation of law 90 days after the closing of such sale and conveyance; 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 Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter Y Cash YChannell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G Y Diz Y Diion, H Y DUon, S Y Dobbs Y Dukes Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers 1124 JOURNAL OF THE HOUSE, Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill YShipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Snow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman E Titus Y Tolbert Y Trense Y Turnquert Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoieland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 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. By unanimous consent, HB 258, HB 377 and HB 583 were postponed until Tuesday, March 4, 1997. Representative Parrish of the 144th 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 630 Do Pass SB 131 Do Pass SB 175 Do Pass, by Substitute Respectfully submitted, /s/ Parrish of the 144th Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 516 Do Pass, by Substitute HB 523 Do Pass, by Substitute Respectfully submitted, la/ Martin of the 47th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, MARCH 4, 1997 1125 Representative Hall, Atlanta, Georgia Tuesday, March 4, 1997 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: Anderaon Ashe Bailey Bannister Bartoot Barnard Bames Benefield Birdsong Bradford Bridges Brooks Brown Buck Bunn Byrd Campbell Carter Cash as Coleman, B Coleman, T Connell Crawford Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dix Diion, H Diion, S Ehrhart Evans Everett Felton Floyd Franklin Golden Graves Greene Hammontree Hegstrom Henson Holland Hudgens Hudson, N Hugley Jackson James Jenkins Johnson Johnston Joyce Kaye Lakly Lane Lewis Lord Manning Martin, J Martin, J.L Massey McBee McCall Mueller O'Neal Parham Parsons Pelote Perry Pinholster Poag Ponder Powell Ragas Ray Reaves Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Sims Skipper Smith, C Smith, L Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Stancil, S Taylor Teper Tilknan Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L West Westmoreland Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Sherrill of the 62nd, Breedlove of the 85th, Stanley of the 49th, Bohannon of the 139th, Hudson of the 120th, Smith of the 19th, Thomas of the 148th, Smith of the 103rd, Orrock of the 56th, Williams of the 83rd, Grindley of the 35th, Lee of the 94th, Ladd of the 59th, McClinton of the 68th, Dukes of the 161st, Reichert of the 126th, Alien of the 117th, Purcell of the 147th, Burkhalter of the 41st, Mann of the 5th, Hanner of the 159th, Stanley of the 50th, Bates of the 179th, Porter of the 143rd, Irvin of the 45th, Maddox of the 72nd, Smyre of the 136th, Parrish of the 144th, Teague of the 58th, Sinkfield of the 57th, Epps of the 131st, Bordeaux of the 151st, Baker of the 70th, Buckner of the 95th, Snow of the 2nd and Holmes of the 53rd. They wish to be recorded as present. Prayer was offered by the Reverend T. Mack Lively, Pastor, Chapel Hill Baptist Church, Douglasville, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 1126 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 871. By Representatives Williams of the 83rd and DeLoach of the 172nd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of photographic identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place. Referred to the Committee on Governmental Affairs. HB 872. By Representatives Byrd of the 170th, Coleman of the 142nd, Parham of the 122nd, Dobbs of the 92nd and Childers of the 13th: A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices relative to public employees, so as to provide that an employer shall give at least 90 days' notice to an employee whom the employer intends to terminate without cause. Referred to the Intra-Governmental Coordination. HB 873. By Representatives Irvin of the 45th and Williams of the 83rd: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit mass mailings of certain official communications by state elected executive officers 60 days prior to a primary or election at which they are candidates. Referred to the Committee on Rules. HB 874. By Representatives Irvin of the 45th, Smith of the 19th, Ehrhart of the 36th, Evans of the 28th and Williams of the 83rd: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit members of the General Assembly from accepting lodging provided by certain lobbyists; to prohibit members of the General Assembly and officers and employees of the executive branch of state government from serving as lobbyists for 12 months after they leave such office or employment. Referred to the Committee on Rules. TUESDAY, MARCH 4, 1997 1127 HB 875. 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 provide for motor vehicle self-insurers; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain cross-references; to repeal certain provisions relating to self-insurers. Referred to the Committee on Insurance. HB 876. By Representatives Tillman of the 173rd and DeLoach of the 172nd: A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway. Referred to the Committee on State Planning & Community Affairs - Local. HB 877. By Representatives Martin of the 145th and Lane of the 146th: A bill to amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, so as to change the compensation of the tax commissioner. Referred to the Committee on State Planning & Community Affairs - Local. HB 878. By Representative Birdsong of the 123rd: A bill to amend an Act incorporating the Town of Mclntyre, so as to extend the corporate limits of the Town of Mclntyre. Referred to the Committee on State Planning & Community Affairs - Local. HB 879. By Representative Tillman of the 173rd: A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mclntosh 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 880. By Representative Buckner of the 95th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs and endangering a child by driving under the influence of alcohol or drugs, so as to provide for reporting certain convictions to the Division of Family and Children Services of the Department of Human Resources. Referred to the Committee on Children and Youth. HB 881. By Representative Buckner of the 95th: A bill to amend Part 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer, so as to provide that for certain periods of the year a bowhunting season for deer shall be opened in certain counties upon the occurrence of two or more collisions with deer by motor vehicles within a 30 day period. Referred to the Committee on Game, Fish & Parks. 1128 JOURNAL OF THE HOUSE, HB 882. By Representative Walker of the 87th: A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change provisions relating to the city administrator. Referred to the Committee on State Planning & Community Affairs - Local. HB 883. By Representative Brown of the 130th: A bill to amend an Act providing for a new charter for the City of Grantville, so as to provide for four-year terms of office for the mayor and councilmembers. Referred to the Committee on State Planning & Community Affairs - Local. HB 884. By Representatives Hugley of the 133rd, Taylor of the 134th and Polak of the 67th: A bill to amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the denial or suspension of licenses for mortgage lenders and brokers for failure to repay a student loan. Referred to the Committee on Industry. HB 885. By Representative Cummings of the 27th: 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 and commissions, so as to provide for credit for prior service as an employee of the Foundation for Public Broadcasting in Georgia, Inc. Referred to the Committee on Retirement. HB 886. By Representative Cummings of the 27th: A bill to amend Chapter 2 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change a certain definition; to remove a limitation on the compensation to be considered for calculating retirement benefits. Referred to the Committee on Retirement. HB 889. By Representatives Dixon of the 150th, Lee of the 94th, Walker of the 141st, Skipper of the 137th, Irvin of the 45th and others: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors. Referred to the Committee on Governmental Affairs. TUESDAY, MARCH 4, 1997 1129 HB 890. By Representatives Williams of the 83rd and Irvin of the 45th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise the procedure for the correction of the list of electors through national change of address information. Referred to the Committee on Governmental Affairs. HB 891. By Representatives Lakly of the 105th, Bates of the 179th, Barfoot of the 155th, Westmoreland of the 104th and Coleman of the 142nd: A bill to amend Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Supreme Court, so as to provide for seven supreme judicial districts from which justices of the Supreme Court shall be elected to provide that five supreme judicial districts shall match the geographical boundaries of the five Public Service Commission districts. Referred to the Committee on Judiciary. HB 892. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd: A bill to repeal an Act changing the manner of selecting the chief magistrate and other magistrates of Liberty County and providing for terms of office and vacancies in office of such officers; to ratify the judicial actions of each person who has served as chief magistrate or magistrate. Referred to the Committee on State Planning & Community Affairs - Local. HR 414. By Representatives Williams of the 83rd and Lane of the 146th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are or have been killed or permanently disabled by an act of violence in the line of duty. Referred to the Committee on Public Safety. HR 415. By Representatives Thomas of the 148th, Orrock of the 56th, Mobley of the 69th, Turnquest of the 73rd, Hugley of the 133rd and others: A resolution recognizing Lead Poisoning Prevention Week in Georgia. Referred to the Committee on Health & Ecology. HR 422. By Representatives Manning of the 32nd, Shipp of the 38th, Parsons of the 40th, Franklin of the 39th, Grindley of the 35th and others: A resolution urging CSX Railroad to reopen railroad crossings in Marietta. Referred to the Committee on Transportation. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee: HB 912. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act creating the Albany High School Stadium Authority, so as to make the existence of the authority perpetual; to remove a conflicting provision prohibiting the authority from accepting federal money. Referred to the Committee on State Planning & Community Affairs - Local. 1130 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 849 HB 850 HB 851 HB 852 HB 853 HB 854 HB 855 HB 856 flD OD/ rHiJBj o8o5o9 HHTTtBDJ 8a8661n HB gea HB 863 HB 864 HB 865 HB 866 HB 867 HB 868 HB 869 HB 870 HB 887 HB 888 HR 402 SB 21 SB 77 CD -QQ QSBQ i12OK5 SR*B 29111594Q SB 284 SB 303 SR 88 SR 164 SR 196 SR 236 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 following recommendations: SB 67 Do Pass SB 80 Do Pass, by Substitute SB 158 Do Pass 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 - 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 535 Do Pass HB 796 Do Pass HB 805 Do Pass HB 806 Do Pass HB 807 Do Pass HB 829 Do Pass HB 833 Do Pass HB 838 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman The following report of the Committee on Rules was read and adopted: TUESDAY, MARCH 4, 1997 1131 HOUSE RULES CALENDAR TUESDAY, MARCH 4, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below: HB 258 Law enforcement officers; certain indictments; procedures (Postponed) HB 290 Firearms; state compliance with Brady Law HB 377 Medicaid Fraud Forfeiture Act of 1997; enact (Postponed) HB 378 Tax credits; certain businesses; extend exemption HB 419 Ad valorem tax; heavy-duty equipment motor vehicles; provisions HB 420 Professional Practices Commission; amend provisions HB 465 Medical assistance; inpatient care for mental diseases HB 489 Local government service delivery strategy agreement; adoption HB 491 Local government uniform chart of accounts; provisions HB 533 Property; nonconforming liens; provisions HB 583 Regional housing authorities; board of commissioners; composition (Postponed) HB 584 Workers' compensation; drug-free workplace; ins premium discount HB 622 Dept of C & Y Services; change name to Dept of Juvenile Justice HB 651 Death of person in another's care; required notification HR 324 Trail of Tears Highway; designate HR 366 Internet access; tax exempt; consensus of General Assembly 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 consideration and read the third time: HB 535. By Representative Davis of the 48th: A bill to amend an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled, so as to increase the amount of the homestead exemption from City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 796. By Representative Brown of the 130th: A bill creating a new charter for the City of Hogansville, so as to allow the mayor and city council to enter into a written contract for the employment of a city manager. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1132 JOURNAL OF THE HOUSE, HB 805. By Representative Channell of the lllth: A bill to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 806. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 807. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the duties and powers of the chairperson. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 829. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act entitled "An Act to create the Richmond Hill Area Convention and Visitors Bureau Authority," so as to change certain provisions relating to membership of the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 833. By Representatives Stallings of the 100th and West of the 101st: A bill to repeal an Act creating a board of elections in certain counties. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 838. By Representative Perry of the llth: A bill to provide a $40,000.00 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. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: TUESDAY, MARCH 4, 1997 1133 Y Alien Y Anderson Y Ashe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Channel! Y Childere Y Clark Coan Y Coleman, B Coleman, T ConneU Y Cooper Crawford Y Crews Y Culbreth Cummings Y Davis, G Y Davis, M YDay DeLoach, B Y DeLoach, G YDix Y Diion, H Y Dixon, S Dobbs Y Dukes YEhrhart Epps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht YHeckstaU Y Hegstrom Henson Y Holland Hohnes Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Irvin Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Mueller YO'Neal Orrock YParham Parrish Y Parsons Y Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland E Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bills, the ayes were 138, nays 0. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 323. By Senator Madden of the 47th: A bill to provide a homestead exemption from certain Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal. HB 684. By Representative Ponder of the 160th: A bill to provide a new charter for the City of Donalsonville. HB 687. By Representative Royal of the 164th: A bill to amend an Act providing a new charter for the City of Pelham, so as to increase the maximum millage rate for ad valorem taxes which may be levied on real and personal property for certain educational purposes. 1134 JOURNAL OF THE HOUSE, HB 691. By Representative Hugley of the 133rd: A bill to amend an Act reconstituting the Board of Education of Talbot County, so as to provide for education districts. HB 692. By Representative Hugley of the 133rd: A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide for commissioner districts. HB 693. By Representative Hanner of the 159th: A bill to create the Dawson-Terrell County Airport Authority. HB 694. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act known as the "Peach County Water and Sewer Authority Act," so as to provide that the members of the board shall enter upon their duties on July 1, 1997. HB 711. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor. HB 713. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act placing the coroner of Carroll County on an annual salary, so as to change the compensation of the coroner of Carroll County. HB 718. By Representatives Bpps of the 131st and Smith of the 102nd: A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County. SB 61. By Senator James of the 35th: A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to acceptance of a plea of nolo contendere to a charge of driving under the influence, so as to eliminate the plea of nolo contendere to the charge of driving under the influence. SB 95. By Senator Broun of the 46th: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for the designation of foreign banks as state depositories of certain state funds under restricted circumstances; to provide for the deposit of such funds in foreign banks. SB 146. By Senators Henson of the 55th, Burton of the 5th, Oliver of the 42nd and Broun of the 46th: A bill to amend Code Section 12-3-194.2 of the Official Code of Georgia Annotated, relating to adherence to the master plan of Stone Mountain Park by the Stone Mountain Memorial Association, so as to change the manner in which such master plan shall be amended. TUESDAY, MARCH 4, 1997 1135 SB 179. By Senators Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for notice to the attorney of the proposed ward and other interested parties of the date and time of the evaluation and changes in such date and time. SB 183. By Senators Kemp of the 3rd, Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd: A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency. SB 212. By Senator Langford of the 29th: A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings which present a special hazard to persons or property, so as to provide that in the event of a conflict between the codes and standards adopted by the Safety Fire Commissioner and the commissioner of community affairs, the more protective code or standard shall prevail. SB 237. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and Thomas of the 10th: A bill to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number "911" system, so as to authorize payment, from an Emergency Telephone System Fund maintained by a local government, of certain personnel and supply costs and the cost of leasing, purchasing, or maintaining certain equipment. SB 278. By Senators Kemp of the 3rd, Thompson of the 33rd, Clay of the 37th and Griffin of the 25th: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions. SB 289. By Senators Henson of the 55th and Johnson of the 1st: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the definition of "brewpub"; to authorize the holder of a brewpub license to engage in certain permits relating to brewery tours. SB 306. By Senators Clay of the 37th, Lamutt of the 21st, Thompson of the 33rd and Tanksley of the 32nd: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record generally, so as to create the Georgia Council of Court Administrators; to provide for the membership, powers, and duties of the council; to provide for funding of the council; to provide for the status of the council. 1136 JOURNAL OF THE HOUSE, SB 313. By Senators Griffin of the 25th, Stokes of the 43rd, Brown of the 26th and Fort of the 39th: A bill to amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate training, so as to change the appointing authority of magistrates to serve on the Magistrate Court Training Council; to provide for appointment by the President of the Magistrate Council. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 166. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Clinch, Fulton, and Gwinnett Counties, Georgia. SR 213. By Senators Broun of the 46th and Burton of the 5th: A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia. HR 49. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the "Hugh L. Logan Interchange". HR 404. By Representative Parham of the 122nd: A resolution commending W. T. Smith, M.D. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 61. By Senator James of the 35th: A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to acceptance of a plea of nolo contendere to a charge of driving under the influence, so as to eliminate the plea of nolo contendere to the charge of driving under the influence. Referred to the Committee on Special Judiciary. SB 95. By Senator Broun of the 46th: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for the designation of foreign banks as state depositories of certain state funds under restricted circumstances; to provide for the deposit of such funds in foreign banks. Referred to the Committee on Banks & Banking. TUESDAY, MARCH 4, 1997 1137 SB 146. By Senators Henson of the 55th, Burton of the 5th, Oliver of the 42nd and others: A bill to amend Code Section 12-3-194.2 of the Official Code of Georgia Annotated, relating to adherence to the master plan of Stone Mountain Park by the Stone Mountain Memorial Association, so as to change the manner in which such master plan shall be amended. Referred to the Committee on State Institutions & Property. SB 179. By Senators Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for notice to the attorney of the proposed ward and other interested parties of the date and time of the evaluation and changes in such date and time. Referred to the Committee on Judiciary. SB 183. By Senators Kemp of the 3rd, Tanksley of the 32nd, Ray of the 48th and others: A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency. Referred to the Committee on Judiciary. SB 212. By Senator Langford of the 29th: A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings which present a special hazard to persons or property, so as to provide that in the event of a conflict between the codes and standards adopted by the Safety Fire Commissioner and the commissioner of community affairs, the more protective code or standard shall prevail. Referred to the Committee on Industry. SB 237. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and others: A bill to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number "911" system, so as to authorize payment, from an Emergency Telephone System Fund maintained by a local government, of certain personnel and supply costs and the cost of leasing, purchasing, or maintaining certain equipment. Referred to the Committee on Industry. SB 278. By Senators Kemp of the 3rd, Thompson of the 33rd, Clay of the 37th and others: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions. Referred to the Committee on Health & Ecology. 1138 JOURNAL OF THE HOUSE, SB 289. By Senators Henson of the 55th and Johnson of the 1st: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the definition of "brewpub"; to authorize the holder of a brewpub license to engage in certain permits relating to brewery tours. Referred to the Committee on Regulated Beverages. SB 306. By Senators Clay of the 37th, Lamutt of the 21st, Thompson of the 33rd and others: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record generally, so as to create the Georgia Council of Court Administrators; to provide for the membership, powers, and duties of the council; to provide for funding of the council; to provide for the status of the council. Referred to the Committee on Judiciary. SB 313. By Senators Griffin of the 25th, Stokes of the 43rd, Brown of the 26th and others: A bill to amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate training, so as to change the appointing authority of magistrates to serve on the Magistrate Court Training Council; to provide for appointment by the President of the Magistrate Council. Referred to the Committee on Judiciary. SB 323. By Senator Madden of the 47th: A bill to provide a homestead exemption from certain Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal. Referred to the Committee on State Planning & Community Affairs - Local. SR 166. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Clinch, Fulton, and Gwinnett Counties, Georgia. Referred to the Committee on State Institutions & Property. SR 213. By Senators Broun of the 46th and Burton of the 5th: A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia. Referred to the Committee on State Institutions & Property. Representative Crews of the 78th arose to a point of personal privilege and addressed the House. Representative Lee of the 94th assumed the Chair. TUESDAY, MARCH 4, 1997 1139 Representative Bohannon of the 139th arose to a point of personal privilege and addressed the House. Representative Hammontree of the 4th arose to a point of personal privilege and addressed the House. Representative Smith of the 169th arose to a point of personal privilege and addressed the House. Representative Trense of the 44th arose to a point of personal privilege and addressed the House. Representative Lewis of the 14th arose to a point of personal privilege and addressed the House. Representative Rice of the 79th arose to a point of personal privilege and addressed the House. Representative Snelling of the 99th arose to a point of personal privilege and addressed the House. Representative Mills of the 21st arose to a point of personal privilege and addressed the House. Representative Smith of the 19th arose to a point of personal privilege and addressed the House. Representative Byrd of the 170th arose to a point of personal privilege and addressed the House. Representative Coan of the 82nd arose to a point of personal privilege and addressed the House. Representative Joyce of the 1st arose to a point of personal privilege and addressed the House. Representative Hudgens of the 24th arose to a point of personal privilege and addressed the House. Representative Tillman of the 173rd arose to a point of personal privilege and addressed the House. Representative Johnston of the 81st 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 423. By Representatives Sauder of the 29th, Shipp of the 38th, Barnes of the 33rd, Parsons of the 40th, Franklin of the 39th and others: A resolution commending Candice Song Donehoo, Miss Cobb County 1997, and inviting her to appear before the House of Representatives. 1140 JOURNAL OF THE HOUSE, HR 431. By Representatives Royal of the 164th, Hudson of the 156th, Carter of the 166th, Ponder of the 160th, Everett of the 163rd and others: A resolution commending Congressman Sanford Bishop and inviting him to appear before the House of Representatives. Representative Lee of the 94th announced the House in recess until 2:00 o'clock this afternoon. TUESDAY, MARCH 4, 1997 1141 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read: HR 426. By Representative Ponder of the 160th: A resolution honoring Mr. Waldo "Bo" McLeod. HR 427. By Representatives Buck of the 135th, Twiggs of the 8th and Parham of the 122nd: A resolution recognizing and commending Delphine Woodly. HR 428. By Representatives Coleman of the 142nd and Porter of the 143rd: A resolution commending Melodie Bryson Smith. /' HR 429. By Representatives Ponder of the 160th and Greene of the 158th: A resolution honoring William W. "Billy" Fleming, President of the Georgia Press Association. HR 430. By Representatives Jackson of the 112th and Hudson of the 120th: A resolution commending Ms. Alberta Davis. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Ashe Bailey Y Baker Y Bannister Barfoot Y Barnard YBarnes Bates Y Benefield Birdsong Y Bohannon Bordeaux Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner PI inn Y Burkhalter YByrd Y Campbell Canty Carter YCash YChanneU Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Day Y DeLoach, B DeLoach, G YDix Dixon, H Y Dixon, S Y Dobbs Dukes YEhrhart Epps Evans Y Everett Y Felton Y Floyd Y Franklin Golden Y Graves Greene Grindley Y Hammontree Y Banner Y Harbin Heard Y Hecht Hecks taJl Y Hegstrom Henson Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Mobley Y Mosley Y Mueller Y O'Neal Orrock Parham Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell Ragas Randall YRay Y Reaves Y Reichert YRice Richardson Roberts Y Rogers Y Royal Y Sanders Sauder Y Scarlett Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling Snow Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague 1142 JOURNAL OF THE HOUSE, Teper Thomas YTUlman Y Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J On the adoption of the Resolutions, the ayes were 124, nays 0. The Resolutions were adopted. Y Williams, R Y Worthan YYates Murphy, Spkr Representatives Bradford of the 30th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 583. By Representative James of the 140th: A bill to amend Part 5 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to regional housing authorities, so as to provide that the participating local governments shall be authorized to establish the composition of the board of commissioners of such an 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 Ashe Bailey Y Baker Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childere Y Clark Coan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B DeLoach, G YDii Y DUon, H Y Diion, S Dobbs Dukes YEhrhart YKpps YKvans Y Everett Y Felton Y Floyd Y Franklin Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Heard YHecht Hecks tall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Jones E Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C On the passage of the Bill, the ayes were 149, nays 0. Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas YTilhnan Y Titus Y Tolbert Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr TUESDAY, MARCH 4, 1997 1143 The Bill, having received the requisite constitutional majority, was passed. Representative Heard of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 258. By Representative Barnes of the 33rd: 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 provide that procedure for indictment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felonies; to provide that a prosecution shall not proceed in either the state or superior court without a grand jury indictment. The following Committee substitute was read and adopted: A BILL To amend Code Section 17-4-41 of the Official Code of Georgia Annotated, relating to arrest warrants and affidavits, so as to require that an affidavit for the arrest of a peace officer shall include certain information; to provide that the knowing or intentional failure to include such information shall constitute a violation of Code Section 16-10-20, relating to false statements; 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 17-4-41 of the Official Code of Georgia Annotated, relating to arrest warrants and affidavits, is amended by adding following subsection (c) of said Code section, a new subsection (d) to read as follows: "(d) An affidavit made for the arrest of a peace officer who is accused of committing an offense shall state, in addition to the requirements of subsection (a) of this Code section, that the accused is a peace officer and whether or not such offense occurred while such officer was engaged in the performance of official duty. Any person who shall knowingly or intentionally fail to include this information in an affidavit shall be guilty of a violation of Code Section 16-10-20." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck YBuckner Y Bum Y Burkhalter Y Byrd Y Campbell Canty Carter Y Cash Y Channell Y Childere Y Clark Y Coan Y Coleman, B Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland 1144 JOURNAL OF THE HOUSE, Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholater YPoag Y Polak Y Ponder Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y SherriU Y Shipp YSims Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling YSnow Y Sellings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 489. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties. The following Committee substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties; to change certain definitions; to provide legislative intent; to provide procedures for adopting the strategy; to provide for the elements to be included within the strategy; to provide for criteria to be met by the strategy; to provide for verification by the Department of Community Affairs; to provide for prohibitions related to state administered grants to municipalities and counties; to change a certain cross-reference; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Chapter 70, relating to coordinated and comprehensive planning by counties and municipalities, and inserting in its place a new Chapter 70 to read as follows: "ARTICLE 1 36-70-1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the TUESDAY, MARCH 4, 1997 1145 environment, and the vital areas of the state. The purpose of this chapter article is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chapter article shall be construed liberally to achieve that end. This chapter article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV. 36-70-2. As used in this chapter, the term: (1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department. (2) 'Coordinated and comprehensive planning' means planning by counties and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process, as established by the Department ef Com munity Affairs department. (3) 'County' means any county of this state. (4) 'Department ef- Community Affairs' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50. (5) 'Governing authority' or 'governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissipners, or other governing authority for a county or municipality. {jh6}(5.1) 'Inactive municipality' means any municipality which has not foi' a period of three consecutive calendar years carried out any of the following activities: (A) The levying or collecting of any taxes or fees; (B) The provision of any of the following governmental services: water; sewage; garbage collection; police protection; fire protection; or library; or (C) The holding of a municipal election. (5.2) 'Mechanisms' includes, but is not limited to, intergovernmental agreements, ordinances, resolutions, and local Acts of the General Assembly. (6) 'Minimum standards and procedures' means the minimum standards and procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the Deportment ef- Community Affairs department, in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the Department ef- Community Affairs department. (7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the Deportment ef Community Affairs department. (9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50. 36-70-3. The governing bodies of municipalities and counties are authorized: (1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan; (2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be; 1146 JOURNAL OF THE HOUSE, (3) To develop, establish, and implement a plan for capital improvements which conforms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be; (4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality or county in developing, establishing, and implementing its comprehensive plan; (5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and (6) To take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning, without regard for whether any such action is specifically mentioned in this chapter article or is otherwise specifically granted by law. 36-70-4. (a) Each municipality and county shall automatically be a member of the regional development center for the region which includes such municipality or county, as the case may be. (b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center. (c) Each municipality and county shall participate in compiling a Georgia data base and network, coordinated by the Deportment ef Community Affairs department, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. 36-70-5. (a) Except as provided in subsection (b) of this Code section, nothing in this chapter article shall limit or compromise the right of the governing body of any county or municipality to exercise the power of zoning. (b) Any municipality which is as of April 17, 1992, an inactive municipality shall not on or after April 17, 1992, exercise any powers under this chapter article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly. Any municipality which becomes an inactive municipality after April 17, 1992, shall not after becoming inactive exercise powers under this chapter article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly. (c) Any county which has located within its boundaries all or any part of any inactive municipality shall have full authority to exercise through its governing body all planning and zoning powers within the area of such inactive municipality within the county, in the same manner as if such area were an unincorporated area. ARTICLE 2 36-70-20. The intent of this article is to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of each county throughout the state preclude a mandated legislative outcome for the delivery of services in every county. The process provided by this article is intended to minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use. The local government service delivery process should result in the minimization of noncompatible municipal and county land use plans and in a simple, concise agreement describing which local governments will provide which service in specified areas within a county and how provision of such services will be funded. TUESDAY, MARCH 4, 1997 1147 36-70-21. Each county and municipality shall execute an agreement for the implementation of a local government service delivery strategy as set forth in this article by July 1, 1999. 36-70-22. Each county shall initiate the process for developing a local government service delivery strategy no later than July 1^ 1997. Initiation of the strategy shall be accomplished by the provision of a written notice from the county to the governing bodies of all municipalities located wholly or partially within the county or providing services within the county and to other counties providing services within the county. Such notice shall state the date, time, and place for a joint meeting at which designated representatives of all local governing bodies shall assemble for the purpose of commencing deliberations on the service delivery strategy. The notice shall be sent not more than 45 and not less than 15 days prior to the meeting date. In the event the county governing authority fails to initiate the process by October 1^ 1997, any municipality within the county may do so by sending a written notice, containing the required information, to the county and all other municipalities. 36-70-23. Each local government service delivery strategy shall include the following components: (1) An identification of all local government services presently provided or primarily funded bj[ each general purpose local government and each authority within the county, or providing services within the county, and a description of the geographic area in which the identified services are provided by each jurisdiction; (2) An assignment of which local government or authority, pursuant to the requirements of this article, will provide each service, the geographic areas of the county in which such services are to be provided, and a description of any services to be provided by any local government to any geographic area outside its geographical boundaries. In the event two or more local governments within the county are assigned responsibility for providing identical services within the same geographic area, the strategy shall include an explanation of such arrangement; (3) A description of the source of the funding for each service identified pursuant to paragraph (2) of this Code section; and (4) An identification of the mechanisms to be utilized to facilitate the implementation of the services and funding responsibilities identified pursuant to paragraphs (2) and (3) of this Code section. 36-70-24. In the development of a service delivery strategy, the following criteria shall be met: (1) The strategy shall promote the delivery of local government services in the most efficient, effective, and responsive manner. The strategy shall identify steps which will be taken to remediate or avoid overlapping and unnecessary competition and duplication of service delivery and shall identify the time frame in which such steps shall be taken. When a municipality provides a service at a higher level than the base level of service provided throughout the geographic area of the county by the county, such service shall not be considered a duplication of the county service; (2) (A) The strategy shall provide that water or sewer fees charged to customers located outside the geographic boundaries of a service provider shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service provider. (B) If a governing authority disputes the reasonableness of water and sewer rate differentials imposed within its jurisdiction by another governing authority, that disputing governing authority may hold a public hearing for the purpose of reviewing the rate differential. Following the preparation of a rate study by a qualified engineer, the governing authority may challenge the arbitrary rate differentials on behalf of its residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall be submitted to some form of alternative dispute resolution; (3)(A) The strategy shall ensure that the cost of any service which a county provides primarily for the benefit of the unincorporated area of the county shall be 1148 JOURNAL OF THE HOUSE, borne by the unincorporated area residents, individuals, and property owners who receive the service. Further, when the county and one or more municipalities jointly fund a county-wide service, the county share of such funding shall be borne by the unincorporated residents, individuals, and property owners that receive the service. (B) Such funding shall be derived from special service districts created by the county in which property taxes, insurance premium taxes, assessments, or user fees are levied or imposed or through such other mechanism agreed upon by the affected parties which complies with the intent of subparagraph (A) of this paragraph; and (4) (A) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an alternative, they shall adopt a single land use plan for the unincorporated and incorporated areas of the county. (B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances. (C) A process shall be established to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed into a municipality within the county. 36-70-25. (a) Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section. (b) The county and each municipality within the county shall participate in the development of the strategy. Approval of the strategy shall be accomplished by adoption of a resolution: (1) By the county governing authority; (2) By the governing authority of municipalities located within the county which have a population of 10,000 or greater within the county; (3) By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and (4) By a majority of the remaining municipalities within the county which contain at least 500 persons if not included in paragraph (2) or (3) of this subsection. (c) For the purpose of determining population, the population in the most recent United States decennial census shall be utilized. (d) If a county and the necessary number of cities in the county cannot reach an agreement on the strategy, a means for facilitating an agreement through some form of alternative dispute resolution shall be employed. Where the alternative dispute resolution action is unsuccessful, the neutral party or parties shall prepare a report which shall be provided to each governing authority and made a public record. 36-70-26. Each county shall file the agreement for the implementation of strategy required by Code Section 36-70-21 with the department. The department shall, within 30 days of receipt, verify that the strategy includes the components enumerated in Code Section 36-70-23 and the minimum criteria enumerated in Code Section 36-70-24. The department, however, shall neither approve nor disapprove the specific elements or outcomes of the strategy. 36-70-27. On and after July 1^ 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy. 36-70-28. Each county and municipality shall review, and revise if necessary, the approved strategy: (1) In conjunction with updates of the comprehensive plan as required by Article j. of this chapter; (2) Whenever necessary to change service delivery or revenue distribution arrangements; or TUESDAY, MARCH 4, 1997 1149 (3) In the event of the creation, abolition, or consolidation of local governments." SECTION 2. Said title is further amended by striking paragraph (2) of Code Section 36-66-3, relating to definitions regarding zoning procedures, and inserting in its place a new paragraph (2) to read as follows: "(2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (6.6) (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph {6r&> (5.1) of Code Section 36-70-2." 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 amendments were read and adopted: Representatives Royal of the 164th and Stancil of the 16th move to amend the Committee substitute to HB 489 by inserting "by July 1 1998," between "established" and "to" on line 17 of page 8. Representatives Royal of the 164th and Stancil of the 16th move to amend the Committee substitute to HB 489 by inserting "within the county" between "persons" and "if" on line 36 of page 8. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Bailey Y Baker N Bannister Y Barfoot N Barnard Y Barnes Y Bates YBenefield N Birdsong Y Bohannon N Bordeaux N Bradford N Breedlove N Bridges N Brooks Y Brown Y Buck YBuckner N Bunn Y Burkhalter NByrd Y Campbell Canty Y Carter NCash Y Channell Y Childers Y Clark Y Coan N Coleman, B Y Coleman, T Y Connell N Cooper N Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Day N DeLoach, B N DeLoach, G N Dii Y Dixon, H Y Diion, S N Dobbs Y Dukes Y Ehrhart Y Epps N Evans Y Everett Y Felton YFloyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree Manner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Jackson Y James Y Jamieson N Jenkins N Johnson Johnston Y Jones E Joyce Y Kaye Y Ladd N Lakly Y Lane Y Lee Y Lewis N Lord Y Lucas Y Maddox N Mann N Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall McClinton Y McKinney Y Mills Y Mobley N Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Pinholster Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert N Rice Y Richardson Roberts Y Rogers Y Royal N Sanders N Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw E Sherrill Y Shipp 1150 JOURNAL OF THE HOUSE, YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L N Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P Y Taylor N Teague Y Teper N Thomas Y Tfflman Y Titus Y Tolbert Y Trense N Turnquest N Twiggs Y Walker, L N Walker, R.L Y West N Westmorland N Whitaker Y Wiles Y Williams B Y Williams, J Y Williams, R N Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 48. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 491. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions regarding legislative intent; to provide for the development and adoption of a local government uniform chart of accounts; to provide for the reporting of data relating to local government service delivery and policies. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions regarding legislative intent; to provide for the development and adoption of a local government uniform chart of accounts; to provide for the reporting of data relating to local government service delivery and policies; to provide for procedures; to provide for powers, duties, and authority of the Department of Community Affairs and state auditor; 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 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-1, relating to legislative intent, and inserting in its place a new Code Section 36-81-1 to read as follows: "36-81-1. The intent of this article is to provide minimum budgetz accounting, and auditing requirements for local governments so as to provide local taxpayers with an opportunity to gain information concerning the purposes for which local revenues are proposed to be spent and are actually spent and to assist local governments in generally improving local financial management practices while maintaining, preserving, and encouraging the principle of home rule over local matters. It is the further intent of this article to provide a mechanism through which appropriate information may be collected to assist state and local policy makers in carrying out their lawful responsibilities. It is also the intent of this article to provide for the collection and reporting of information so as to assist local taxpayers and local policy makers in understanding and evaluating local government service delivery and operations." SECTION 2. Said article is further amended by adding two new subsections at the end of Code Section 36-81-3, relating to local fiscal years and budgets, to be designated subsections (e) and (f) to read as follows: TUESDAY, MARCH 4, 1997 1151 "(e) The Department of Community Affairs, in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association, shall develop local government uniform charts of accounts. The uniform charts of accounts, including any subsequent revisions thereto, shall require approval of the state auditor prior to final adoption by the Department of Community Affairs. All units of local government shall adopt and use such initial uniform charts of accounts within 18 months following adoption of the uniform charts of accounts by the Department of Community Affairs. The department shall adopt the initial local government uniform charts of accounts no later than December 31, 1998. The department shall be authorized to grant a waiver delaying adoption of the initial uniform charts of accounts for a period of time not to exceed one year upon a clear demonstration that conversion of the accounting system of the requesting local government, within the time period specified in this subsection, would be unduly burdensome. (f) The department's implementation of subsection (e) of this Code section shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 3. Said article is further amended by adding a new subsection at the end of Code Section 36-81-8, relating to local finance reports, to be designated subsection (h), to read as follows: "(h) The department, either in conjunction with the local government finances report or separately, shall prepare a community indicators report for each local unit of government having annual expenditures of $250,000.00 or more as indicated pursuant to the most recent Report of Local Government Finances. The community indicators report shall include data on local government services, administration, and community characteristics. The department shall have the authority to require local governments to submit reports on local government services and operations as a condition of such local government receiving state appropriated funds from the department. Such reports shall be obtained utilizing the local government finance survey as provided in subsection (b) of this Code section and the local government operations survey collected by the department. The department shall develop the community indicators report in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association and shall prepare the report on or before December 31, 1998, and annually thereafter." 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 substitute, 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 Bailey Y Baker N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks Y Brown Y Buck YBuckner N Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carter N Cash Y Channell Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell N Cooper N Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Day Y DeLoach, B N DeLoach, G N Dii Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley Y Hammontree Y Manner Y Harbin Heard Y Hecht Y Heckrtall Y Hegrtrom Y Henson Y Holland 1152 JOURNAL OF THE HOUSE, Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkina Y Johnson Johnston Y Jones E Joyce YKaye NLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann N Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Pelote Y Perry Pinholster Poag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw E Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Turnquest NTwiggs Y Walker, L N Walker, R.L Y West N Westmorland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 135, nays 29. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Heard of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 465. By Representative Williams of the 114th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a definition; to provide for a modification of the state plan for medical assistance. The following Committee substitute was read: A BILL To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a definition; to provide for a modification of the state plan for medical assistance; 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 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding to Code Section 49-4-141, relating to definitions, a new paragraph (4.1) to read as follows: "(4.1) 'Institution for mental diseases' means a hospital, nursing facility, or other institution that is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases, including medical attention, nursing care, and related services." SECTION 2. Said article is further amended by adding at the end of Code Section 49-4-142, relating to the Department of Medical Assistance and the state plan for medical assistance, a new subsection (d) to read as follows: "(d) Subject to the provisions of the appropriations Act and fees as determined by the department, the department shall provide in the state plan for medical assistance and TUESDAY, MARCH 4, 1997 1153 the rules or regulations of the department for reimbursement for inpatient care in institutions for mental diseases; provided, however, that such provisions in the state plan shall not provide for reimbursement in such institutions for recipients under 65 years of age, unless the recipients are under 21 years of age or are under 22 years of age and had begun receiving inpatient psychiatric services immediately before their twenty-first birthday. Not later than 45 days after the effective date of this subsection, the department shall forward such provisions of the plan to the Governor for approval. Subject to and immediately upon the Governor's approval, the department shall forward such provisions to the appropriate federal authorities for approval. To the extent that the department must make provisions in its rules or regulations, such provisions shall be adopted and implemented no later than 90 days following the approval of the provisions in the state plan by the federal authorities." 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 Brown of the 130th moves to amend the Committee substitute to HB 465 as follows: P 1 line 24 strike add (d) Subject to an appropriation by the General Assembly to the department for the purpose specified in this subsection. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien Anderson NAshe Bailey Y Baker Y Bannister YBarfoot Y Barnard N Barnes N Bates N Benefield N Birdsong Y Bohannon Y Bordeaux N Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner Y Bunn N Burkhalter NByrd N Campbell Canty N Carter NCash N Channell N Childers N Clark YCoan Y Coleman, B Coleman, T N Connell N Cooper Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M Day Y DeLoach, B N DeLoach, G YOU Y Diion, H N Diion, S Y Dobbs N Dukes NEhrhart NEpps N Evans Y Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Heard NHecht YHeckstall N Hegstrom N Henson N Holland N Holmes Howard Y Hudgens N Hudson, H N Hudson, N N Hugley NIrvin Jackson N James Jamieson N Jenkins Y Johnson Johnston N Jones E Joyce NKaye NLadd YLakly NLane NLee N Lewis NLord Lucas Maddoi Y Mann N Manning N Martin, J Y Martin, J.L N Massey N McBee NMcCall N McClinton McKinney N Mills Mobley N Mosley N Mueller N O'Neal Orrock N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster YPoag NPolak N Ponder Porter N Powell N Purcell YRagas Y Randall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott Shanahan NShaw E Sherrill N Shipp NSims N Sinkfield Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow Y Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague NTeper N Thomas NTillman Y Titus N Tolbert 1154 JOURNAL OF THE HOUSE, NTrense N Turnquest NTwiggs Walker, L Y Walker, R.L NWest Y Westmorland N Whitaker N Wiles N WiUiams, B Y Williams, J N Williams, R On the adoption of the amendment, the ayes were 43, nays 113. The amendment was lost. Worthan YYates Murphy, Spkr The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Andereon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot YBarnard YBarnes Y Bates Y Benefield YBirdnong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Cornell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw E Sherrill YShipp YSims Y Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 164, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HR 366. By Representatives Buck of the 135th, Royal of the 164th, Channell of the lllth, Cummings of the 27th, Benefield of the 96th and others: A resolution expressing the consensus of the General Assembly that Internet access and other electronic communication services should remain exempt from government imposed fees, assessments, or taxation. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. TUESDAY, MARCH 4, 1997 1155 On the adoption of the Resolution, 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 Barnard YBames Y Bates Y Benefield YBirdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Bvirkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Crawford Crews Y Culbreth Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLe Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw E Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 533. By Representatives Shanahan of the 10th, Smith of the 175th, Crawford of the 129th and Barnes of the 33rd: A bill to amend Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, so as to define nonconforming liens; to provide that the filing of a nonconforming lien in the land records of any county shall be a nullity and of no force and effect. The following Committee substitute was read and adopted: A BILL To amend Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, so as to define nonconforming liens; to provide that the filing of a nonconforming lien in the land records of any county shall be a nullity and of no force and effect; to provide a means to cancel the record of a nonconforming lien; 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 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, is amended by striking in its entirety Code Section 1156 JOURNAL OF THE HOUSE, 44-14-320, relating to the establishment of certain liens, and inserting in lieu thereof the following: "44-14-320. (a) The following liens are established in this state: (1) Liens for taxes in favor of the state, the counties, and the municipal corporations; (2) Liens in favor of creditors by judgment and decree; (3) Liens in favor of laborers; (4) Liens in favor of landlords; (5) Liens in favor of mortgagees; (6) Liens in favor of landlords furnishing supplies; (7) Liens in favor of mechanics on real and personal property; (8) Liens in favor of contractors, materialmen, subcontractors, materialmen furnishing material to subcontractors, and laborers furnishing labor to subcontractors, machinists, and manufacturers of machinery. As used in this paragraph, the term 'subcontractor' includes, but is not limited to, subcontractors having privity of contract with the prime contractor; (9) Liens in favor of certain creditors against steamboats and other watercraft; (10) Liens in favor of the proprietors of sawmills and the proprietors of planing mills and other similar establishments; (11) Liens in favor of innkeepers, boardinghouse keepers, carriers, livery stable keepers, pawnbrokers, depositories, bailees, factors, acceptors, and attorneys at law; (12) Liens in favor of owners of stallions, jacks, bulls, and boars; (13) Liens in favor of railroad employees, owners of stock killed, and persons furnishing supplies to railroads; (14) Liens in favor of laundrymen; and (15) Liens in favor of jewelers. (b) All liens provided for in this chapter or specifically established by federal or state statute, county, municipal or consolidated government ordinance, or specifically established in a written declaration or covenant which runs with the land shall be exempt from subsection (c) of this Code section. All other liens shall be defined as nonconforming liens. Each nonconforming lien shall be nullity with no force or effect whatsoever even though said nonconforming lien is duly filed, recorded, and indexed in the land records of one or more counties in this state. (c) Any person, corporation, or other entity against whose property a nonconforming lien is filed or recorded may, without notice to any party, file an ex parte petition for an order to remove a nonconforming lien from the record in the superior court of the county in which said lien is filed or recorded and obtain an order from said superior court directing the clerk of the superior court to record the order and mark the recorded nonconforming lien: 'CANCELED OF RECORD PURSUANT TO ORDER DATED ______, RECORDED AT DEED BOOK ______, PAGE ______. THIS DAY OF _______, 19____/ The petition shall set forth that: (1) The movant is a party against whose property a nonconforming lien is filed; (2) The lien in question is a nonconforming lien as defined under this Code section; and (3) A certified copy of the nonconforming lien is attached as an exhibit. The petition must be executed by the movant or movant's attorney. The order may be entered as early as the date of filing of the petition and shall set forth that, upon review of the petition and the certified copy of the recorded instrument attached thereto, it is the order of the court that said lien is a nonconforming lien under this Code section and that the clerk of the court is ordered to record the order and mark the nonconforming lien canceled of record." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 4, 1997 1157 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdaong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YKhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw E Sherrill Y Shipp YSims Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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 substitute. HB 584. By Representatives Lane of the 146th, Golden of the 177th, Dobbs of the 92nd, Smith of the 175th and Barnes of the 33rd: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs. The following Committee substitute was read: A BILL To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs; to provide an effective date; to repeal conflicting laws; and for other purposes. 1158 JOURNAL OF THE HOUSE, 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, underwriting rules, and related organizations, is amended by striking Code Section 33-9-40.2, relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs, and inserting in its place the following: "33-9-40.2. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, W93 1997, there shall be granted by the insurer a 6 percent reduction of not less than 10 percent in the premium for such policy if the insured has been certified by the State Board of Workers' Compensation as having a drug-free workplace program which complies with the requirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification. (b){t) The premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured receives certification by the State Board of Workers' Compensation and shall continue fef a period- et te exceed- few years; provided, however, an insurer shall not be required to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each of the few years in which such premium discount is granted. Thereafter, any premium discount pursuant te this article shaH be determined frem the insurcd's eapericnce ?flvin plfift o? m trie Cftse of tft insured not rftted upon experience) && provided m paragraph {3} ef this subsection. (2) With respect te n insured which is net rated- upon experience, any premium di- vided in paragraph {4} ef- this subsection sfeftH be determined by the Commissioner DQ9C t upon flfltfl rcceivcd irom tiie ro.tin And 9to.11911CQI orgunizution uC9i^HQXcci oy the Commisaienef pursuant te this chapter. (c) The workers' compensation insurance policy of an insured shall be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount and to cancellation in accordance with the provisions of the policy if it is determined by the State Board of Workers' Compensation that such insured misrepresented the compliance of its drug-free workplace program with the provisions of Article 11 of Chapter 9 of Title 34. (d) Each insurer shall make an annual report to the rating and statistical organization designated by the Commissioner pursuant to this chapter illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures reported pursuant to this subsection on the aggregate calls for experience must reflect the effects of such credits. The net standard premium will then be the basis of any premium adjustment. The drug-free workplace credits must be reported under a unique classification code or unit statistical reports submitted to the rating and statistical organization designated by the Commissioner pursuant to this chapter. (e) The Commissioner shall be authorized to promulgate rules and regulations necessary for the implementation and enforcement of this Code section." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Lane of the 146th moves to amend the Committee substitute to HB 584 by adding on line 6 of page 1 immediately following the word and symbol "programs;" the following: TUESDAY, MARCH 4, 1997 1159 "to amend Code Section 34-9-412 of the Official Code of Georgia Annotated, relating to insurance premium discount for implementation of a drug-free workplace program, so as to change the amount of such discount;". By adding between lines 38 and 39 on page 2 the following: "SECTION 2. Code Section 34-9-412 of the Official Code of Georgia Annotated, relating to insurance premium discount for implementation of a drug-free workplace program, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: '34-9-412. If an employer implements a drug-free workplace program substantially in accordance with Code Section 34-9-413, the employer shall qualify for certification for a 6 percent premium discount of not less than 10 percent under such employer's workers' compensation insurance policy as provided in Code Section 33-9-40.2.'" By redesignating Sections 2 and 3 as Sections 3 and 4, respectively. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cillumines Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y DUon, H Y DUon, S YDobbs Y Dukes YEhrhart YKpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw E Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert Y Trense Tumquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0. 1160 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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 420. By Representative O'Neal of the 75th: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," so as to redefine the term "educator"; to provide for an additional definition; to provide for the appointment of members emeritus of the Professional Practices Commission. The following amendment was read and adopted: The Committee on Education moves to amend HB 420 by striking lines 22 and 23 of page 4 and inserting in lieu thereof the following: "a hearing, provide to the local board findings and recommendations. Based on its findings". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Guilders Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper 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 YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw E Sherrill YShipp YSims Y Sinkfield Skipper Y Smith, C On the passage of the Bill, as amended, the ayes were 165, nays 0. Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Tumquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr TUESDAY, MARCH 4, 1997 1161 The Bill, having received the requisite constitutional majority, was passed, as amended. HR 324. By Representative Shanahan of the 10th: A resolution designating the Trail of Tears 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 follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdaong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkbalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Cummings Y Davis, G Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw E Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates 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 419. By Representatives Jamieson of the 22nd and Lee of the 94th: 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 taxation with one subclass including heavy-duty equipment motor vehicles. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 1162 JOURNAL OF THE HOUSE, Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Canty Y Carter YCash YChanneU Y Childera Y Clark YCoan Y Coleman, B Coleman, T Y ConneU Y Cooper Y Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Polak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw E Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.B Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Thomas YTillman Y Titus Tolbert Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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. Due to a mechanical malfunction, the vote of Representative Tolbert of the 25th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the House, having been previously read, was again taken up for consideration: HB 377. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a statement of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act. The following Committee substitute was read: A BILL To enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a statement of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act; to provide for definitions; to TUESDAY, MARCH 4, 1997 1163 provide for procedures for a Medicaid fraud forfeiture action; to provide for the authority of the court upon a judgment of forfeiture; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of law enforcement officers, sheriffs, and prosecuting attorneys; to provide for the service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for the seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interest in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interest therein; to provide for applicability with respect to certain property; to provide for construction; to provide an effective date; 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 "Medicaid Fraud Forfeiture Act of 1997." SECTION 2. The General Assembly finds that substantial financial losses to the state are being caused by acts of fraud directed at the Department of Medical Assistance and that there is a need to enhance the ability of the state to recover property and proceeds obtained through Medicaid fraud. It is the intent of this legislation to provide a legal mechanism for the seizure and forfeiture to the state of property and proceeds obtained through acts of fraud committed to obtain medical assistance benefits or payments under Article 7 of Chapter 4 of Title 49. SECTION 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," is amended by adding between Code Sections 49-4-146.2 and 49-4-147 a new Code Section 49-4-146.3 to read as follows: "49-4-146.3. (a) As used in this Code section, the term: (1) 'Costs' means, but is not limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (2) 'Court costs' means, but is not limited to: (A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (3) 'Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property. (4) 'Medicaid fraud' means: (A) A violation of Code Section 49-4-146.1; or (B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of: (i) Chapter 8 of Title 16, relating to offenses involving theft; 1164 JOURNAL OF THE HOUSE, (ii) Code Section 16-10-20, relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or (iii) Code Section 16-10-21, relating to conspiracy to defraud the state or its political subdivisions. (5) 'Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (6) 'Proceeds' means property derived from or realized through, directly or indirectly, an act or omission and includes property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. (7) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any kind of privilege, interest, claim, or right. (8) 'Prosecutor' means a district attorney or his or her designee or the Attorney Gen- eral or his or her designee. (b) All property and proceeds obtained by a person or entity providing Medicaid services or supplies as a result of Medicaid fraud are subject to forfeiture to the state by a Medicaid fraud forfeiture action brought by the state in accordance with this Code section. (c) A Medicaid fraud forfeiture proceeding shall be initiated by a complaint filed in the name of the State of Georgia and may be brought in the case of: (1) An in rem action, by the prosecutor in the county in which the property is located or seized; or (2) An in personam action, by the prosecutor in the county in which the defendant resides. (d)(l) An action pursuant to this Code section may be commenced before or after the seizure of property. (2) Any Medicaid fraud forfeiture action filed under this Code section shall be limited to a civil action. (e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder: (1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and there is no reason why he or she should have known of the conduct or that it was likely to occur; (2) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction; (3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (5) Acquired the interest: (A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture: (i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and TUESDAY, MARCH 4, 1997 1165 (iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. Upon the request of the owner or interest holder, for good cause shown, the court shall hold an expedited hearing to determine whether the property is subject to forfeiture under this Code section. (f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (g) Property which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued at an ex parte hearing before a superior court judge of a county where the forfeiture action may be brought demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. The property owner or interest holder, within ten days of the seizure of property taken pursuant to a search warrant, may make a written demand to the court with notice to the prosecutor for a hearing to determine if probable cause still exists for the seized property to be subject to forfeiture pursuant to this Code section. Said hearing shall be held within 20 days of said demand unless continued by the court for good cause. (h)(l) When property is seized pursuant to this article, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecutor of the judicial circuit having jurisdiction in the county where the seizure was made. (2) Within 60 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) of this Code section. (3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (1)(l) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property. (2) When property is seized pursuant to this article, the prosecutor or the sheriff or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest 1166 JOURNAL OF THE HOUSE, holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged, (j) A prosecutor may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following: (1) The lien notice must set forth: (A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and (B) The description of the property, the civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing; (2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or con- trolled by the named person. A separate lien for forfeiture of property must be filed for any other person; (3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a lien filed in accordance with this subsection; (4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment; (5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the prosecutor or the prosecutor's designee the following information: (A) The name and address of the person or entity for whom the property is held; (B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and (C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor. (k) Property taken or detained under this Code section is not subject to replevin, con- veyance, sequestration, or attachment. The seizing law enforcement agency or the prosecutor may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecutor by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecutor. An action under this Code section may be consoli- dated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the TUESDAY, MARCH 4, 1997 1167 prosecutor in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings. (1)(1) If property is seized under this article, the prosecutor may: (A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding; (B) Place the property under constructive seizure by posting notice of pending forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property; (C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the prosecutor may authorize its being deposited in an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto; (D) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action. (m) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized. (n) If the estimated value of personal property seized is $25,000.00 or less, the prosecutor may elect to proceed under the provisions of this subsection in the following manner: (1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such property has 30 days within which a claim must be filed, and the violation of law alleged; (2) A copy of the notice, which shall include a statement that the owner of such property has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (i) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made; (3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecutor by certified mail, return receipt requested; (4) The claim must be signed by the owner or interest holder under penalty of perjury and must substantially set forth: (A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and 1168 JOURNAL OF THE HOUSE, (F) The precise relief sought; (5) If a claim is filed, the prosecutor shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the prosecutor shall dispose of the property as provided in subsection (u) of this Code section, (o) In rem proceedings. (1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property. (A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4. (B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. (C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or such person's agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or the sheriffs deputy that the vessel or aircraft has been released. (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must substantially set forth: (A) The caption of the proceedings as set forth in the complaint and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; TUESDAY, MARCH 4, 1997 1169 (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and (F) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this article, (p) In personam proceedings. (1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in para- graph (3) of subsection (o) of this Code section. (4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.' (5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the prosecutor or the prosecutor's agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited. (8) Except as provided in this subsection, no person claiming an interest in property subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the prop- erty. (q) In conjunction with any civil action brought pursuant to this article: (1) The court, on application of the prosecutor, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, 1170 JOURNAL OF THE HOUSE, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on application of the prosecutor, without notice or an opportunity for a hearing, if the prosecutor demonstrates that: (A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this article; and (B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and (B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecutor of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the prosecutor filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that: (A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or (ii) Has an interest that the prosecutor has stipulated is exempt from forfeiture; (B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section. (r) An acquittal or a dismissal or a conviction in any criminal proceeding, either by a verdict or a plea of guilty or nolo contendere, shall be admissible in evidence in any proceeding pursuant to this Code section. (s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a TUESDAY, MARCH 4, 1997 1171 preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; and (2) There is a rebuttable presumption that any property of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that: (A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (t)(l) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section. (2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article. (3) The court is authorized to order a claimant who files a frivolous claim to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorney's fees. (u)(l) The court may, after judgment of forfeiture, make any of the following orders for disposition of the property: (A) Judicial sale of the property; (B) Retention of the property by any party having a property interest therein, as such interest is described in subsection (e) of this Code section, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property. The plan may include, in the case of a party having such a property interest who holds a lien on or security interest in the property, the sale of the property by any such party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest; or (C) Destruction of any contraband, the possession of which is illegal. (2) The proceeds from any judicial sale or payments from a party having a property interest as described in paragraph (1) of this subsection shall be delivered to the Department of Medical Assistance. The appropriate federal portion of the proceeds shall then be disbursed in accordance with the requirements of federal law. The state portion of the proceeds shall be paid into the appropriate fund maintained by the Department of Medical Assistance. (v) An acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under this article, provided that no property shall be forfeited after an acquittal or dismissal in a criminal proceeding unless the state obtains a civil judgment for forfeiture under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (x)(l) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property: (A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or 1172 JOURNAL OF THE HOUSE, (E) Has been commingled with other property that cannot be divided without difficulty. (2) In addition to any other remedy provided for by law, a prosecutor on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A prosecutor may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section. (4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (y) Except as provided in subsections (e) and (f) of this Code section, a property interest of a person charged with Medicaid fraud shall be subject to forfeiture under this Code section, and there shall be a presumption that such property interest was acquired in whole or in part with proceeds obtained as a result of Medicaid fraud; provided, however, that the person charged with Medicaid fraud may rebut such presumption by clear and convincing evidence which shows that the property interest was not so acquired. In the event the person charged with Medicaid fraud successfully rebuts such presumption, the property interest shall not be subject to forfeiture but may still be subject to lien, levy, and other processes in order to satisfy any judgment which orders the payment of restitution based upon a conviction or judgment of Medicaid fraud, (z) This Code section must be liberally construed to effectuate its remedial purposes." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Scott of the 165th, Jenkins of the 110th and Jamieson of the 22nd move to amend the Committee substitute to HB 377 as follows: Page 4 line 6 strike the words "or after". TUESDAY, MARCH 4, 1997 1173 On the adoption of the amendment, the roll call was ordered and the vote was as follows: Allen N Andersen YAshe N Bailey N Baker Y Bannister YBarfoot Y Barnard NBarnes Bates N Benefield Y Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter YByrd N Campbell Canty N Carter NCash YChanneU N Childers Y Clark YCoan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Crawford Y Crews N Culbreth N Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G NDix N DUon, H N Diion, S N Dobbs Y Dukes NEhrhart YEpps Y Evans N Everett Y Felton N Floyd Y Franklin N Golden Y Graves Y Greene N Grindley N Hammontree N Manner Y Harbin Y Heard YHecht N Heckstall N Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley N Irvin Jackson N James Y Jamieson Y Jenkins N Johnson Y Johnston N Jones E Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee Y McCall N McClinton Y McKinney Y Mills N Mobley Y Mosley N Mueller N O'Neal N Orrock YParham Y Parrish N Parsons N Pelote N Perry Y Pinholster NPoag Polak N Ponder Y Porter Y Powell N Purcell NRagas NRandall YRay N Reaves N Reichert YRice N Richardson Y Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett Y Scheid Y Scott N Shanahan YShaw N Sherrill Y Shipp NSims Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 88, nays 81. The amendment was adopted. N Smith, C.W Y Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling YSnow NStallings Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P N Taylor YTeague N Teper N Thomas NTillman Y Titus N Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland Y Whitaker N WUes N Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr The following amendment was read: Representative Alien of the 117th moves to amend the Committee substitute to HB 377 as follows: By adding a new paragraph to be numbered (h)(4) on page 6: (h)(4) Within 30 days from the date of seizure, criminal proceedings shall be initiated against the person who is the object of the criminal investigation, whose property is taken pursuant to the forfeiture provisions of this Code section. 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 N Baker N Bannister YBarfoot N Barnard Barnes Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck Y Buckner YBunn Y Burkhalter NByrd N Campbell Canty N Carter YCash Y Channell N Childers Y Clark YCoan Y Coleman, B Y Coleman, T N Connell N Cooper Y Crawford Y Crews N Culbreth N Cummings Y Davis, G Y Davis, M Day N DeLoach, B Y DeLoach, G NDii N Diion, H N Dixon, S N Dobbs N Dukes N Ehrhart YEpps Y Evans N Everett Y Felton 1174 JOURNAL OF THE HOUSE, NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin Y Heard NHecht Y Heckstall N Hegstrom Henson N Holland Y Holmes Howard Y Hudgeng Y Hudson, H N Hudson, N Y Hugley NIrvin Jackson Y James Y Jamieson N Jenkins Y Johnson N Johnston N Jones E Joyce YKaye YLadd YLakly YLane NLee N Lewis YLord Y Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee YMcCall N McClinton Y McKinney Y Mills Y Mobley N Mosley Y Mueller N O'Neal NOrrock YParham Y Parrish N Parsons Pelote N Perry Y Pinholster NPoag Polak N Ponder N Porter N Powell N Purcell NRagas YRandall NRay N Reaves N Reichert YRice N Richardson Y Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett Y Scheid Y Scott Y Shanahan NShaw N Sherrill YShipp NSims Y Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V YSmyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper N Thomas YTillman Y Titus N Tolbert N Trense Y Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker N Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 88, nays 81. The amendment was adopted. The following amendment was read: Representatives Murphy of the 18th, Lucas of the 124th and Coleman of the 142nd move to amend the Committee substitute to HB 377 by striking in their entirety lines 7 through 9 of page 19 and inserting in lieu thereof the following: "state portion of the proceeds shall be paid to the Office of Treasury and Fiscal Services for deposit into the general fund of the state." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey N Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong N Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDU Y Diion, H Y Dixon, S YDobbs Y Dukes NEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal N Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W TUESDAY, MARCH 4, 1997 1175 Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y SneUing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the adoption of the amendment, the ayes were 165, nays 6. The amendment was adopted. The following amendment was read: Representatives Murphy of the 18th, Martin of the 47th and Lucas of the 124th move to amend the Committee substitute to HB 377 by striking "60" and inserting in lieu thereof "30" on line 14 of page 6. By striking lines 15 through 18 of page 8 and inserting in lieu thereof the following: "lien a notice of the filing of the lien;". By striking "60" and inserting in lieu thereof "30" on line 31 of page 13 and by striking lines 32 and 33 of page 13 and inserting in lieu thereof the following: "for good cause and must be held by the court with a jury unless waived by the claimant". By striking "60" and inserting in lieu thereof "30" on line 41 of page 14. By striking lines 1 and 2 of page 15 and inserting in lieu thereof the following: "for good cause and must be held by the court with a jury unless waived by the defendant.". By deleting lines 15 through 19 of page 15. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Andersen YAshe Y Bailey N Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefleld Y Birdsong N Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes N Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontrei Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal N Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Pinholster YPoag Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp 1176 YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P JOURNAL OF THE HOUSE, Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Tuinquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland On the adoption of the amendment, the ayes were 163, nays 6. The amendment was adopted. Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan 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 substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stencil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Tuinquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The Speaker Pro Tem assumed the Chair. TUESDAY, MARCH 4, 1997 1177 HB 290. By Representative Twiggs of the 8th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that the Brady Law regulations shall apply to firearms; to delete a certain definition; to define the term "firearm"; to change the maximum fee that may be charged for a criminal history and involuntary hospitalization records check. The following Committee substitute was read: A BILL To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law regulations, so as to change the provisions relating to the duties of dealers; to change the times at which the toll-free telephone service established by the Georgia Bureau of Investigation shall be in service for inquiries by licensed dealers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law regulations, is amended by striking paragraph (3) of Code Section 16-11-172, relating to duties of dealers and request to bureau for records check, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) The dealer has requested, by means of a toll-free telephone call during hours in which such toll-free telephone number established by the bureau is operational as provided in Code Section 16-11-177, that the bureau conduct a criminal history and involuntary hospitalization records check;". SECTION 2. Said part is further amended by striking Code Section 16-11-177, relating to the toll-free telephone service established by the bureau, and inserting in lieu thereof a new Code Section 16-11-177 to read as follows: "16-11-177. The bureau shall establish a toll-free telephone number which shall be operational seven days a week Monday through Saturday between the hours of 8:00 A.M. and 10:00 P.M. and operational on Sundays between the hours of 8:00 A.M. and 6:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers; provided, however, that such telephone service established by the bureau shall not be operational on Christmas Day. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and ruled out of order: Representative Joyce of the 1st, et al. move to amend the Committee substitute to HB 290 by striking in its entirety line 7 of page 1 and inserting in lieu thereof the following: "licensed dealers; to require certain provisions of said part to stand automatically repealed upon certain conditions; to repeal conflicting laws; and for other". By inserting after line 6 of page 2 the following: 1178 JOURNAL OF THE HOUSE, "SECTION 3. Said part is further amended by striking in its entirety Section 8 of an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, approved March 22, 1995 (Ga. L. 1995, p. 139), and inserting in lieu thereof a new Section 8 to read as follows: 'SECTION 8. Code Sections 16-11-170 through 16-11-183 enacted by Section 2 of this Act; subsection (d.l) of Code Section 35-3-34 enacted by Section 3 of this Act; subsection (f) of Code Section 35-3-37 enacted by Section 4 of this Act; paragraph (29) of subsection (a) of Code Section 15-9-60 enacted by Section 5 of this Act; and subparagraph (e)(l)(CC) of Code Section 15-9-60 enacted by Section 6 of this Act shall be repealed automatically upon a final judicial determination that any part of the federal Brady Handgun Violence Prevention Act is invalid for any reason.'" By renumbering existing Section 3 as Section 4. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, 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 N Bannister YBarfoot Y Barnard YBarnes Bates YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner NBunn Y Burkhaltei YByrd Y Campbell Canty Y Carter NCash YChannell Y Childers Y Clark NCoan N Coleman, B Y Coleman, T Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y CurotningB Davis, G N Davis, M Day Y DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Gresne N Grindley Y Hammontree YHanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins N Johnson Y Johnston Y Jones E Joyce NKaye YLadd NLakly YLane YLee N Lewis YLord Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Fairish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre E Snelling YSnow Y Stalling Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper N Thomas YTUlman Y Titus N Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y West N Westmorland Y Whitaker N Wiles Y Williams, B N Williams, J Y Williams, R N Worthan Y Yates Y Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 136, nays 27. The Bill, having received the requisite constitutional majority, was passed, by substitute. TUESDAY, MARCH 4, 1997 1179 HB 378. By Representatives Holland of the 157th, Hudson of the 156th, Floyd of the 138th, Reaves of the 178th and Teper of the 61st: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed counties. The following Committee substitute was read: A BILL To amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed counties; 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 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, is amended by striking in its entirety subsection (i) and inserting in lieu thereof the following: "(i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as tie* i the first through fortieth least developed counties prior te January 1; 1004 in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature for jebs created fre January lj 1003, through December 31; 1007." SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Buck of the 135th, Royal of the 164th, Holland of the 157th and Heard of the 89th move to amend the Committee substitute to HB 378 by striking from line 15 on page 1 the word "recognized" and inserting in lieu thereof the following: The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien YAndereon Y Ashe Y Bailey Baker Y Bannister YBarfbot Y Barnard Y Barnes Y Bates Benefield Y Biidsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carter Y Cash Y Channell Y Childers Clark Y Coan Y Coleman, B Y Coleman, T Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G 1180 JOURNAL OF THE HOUSE, YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhihart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones E Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Lucas Y Maddoi Mann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Stanley of the 49th and Stanley of the 50th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 622. By Representatives Sinkfield of the 57th, McKinney of the 51st and O'Neal of the 75th: A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Children and Youth Services to the Department of Juvenile Justice. The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd NLakly YLane YLee Y Lewis YLord Lucas Y Maddoi YMann Y Manning Y Martin, J Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley TUESDAY, MARCH 4, 1997 1181 YMosley Y Mueller Y O'Neal YOrrock YParham YPairish Y Parsons Y Pelote Y Perry N Pinholster YPoag Polak Ponder Y Porter Y PoweU YPurceU YRagas YRandall YRay Y Reaves Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y SherrUl Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre E Snelling YSnow Y Stallings Y Stancil, F N StancU, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper N Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest N Twiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 158, nays 8. The Bill, having received the requisite constitutional majority, was passed. HB 651. By Representative Mueller of the 152nd: A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses involving dead bodies, so as to provide that a person who is providing care to another person, either on a permanent or temporary basis, shall, upon the death of such person while in such person's care, be required to notify a local law enforcement agency or a relative of such deceased person within six hours of the discovery of the death of such person. The following amendment was read and adopted: Representatives Walker of the 141st, Mueller of the 152nd, Skipper of the 137th and Sims of the 167th move to amend HB 651 as follows: After the word "agency" on line 1, page 2, add the words ", or coroner or emergency medical technician..." The following amendment was read and lost: Representative Stancil of the 16th moves to amend HB 651 as follows: Page 2 line 2 change "six" to "one". The following amendment was read and adopted: Representatives Bordeaux of the 151st and DeLoach of the 172nd move to amend HB 651 as follows: On page 1, line 32 delete "person" and insert "non-relative". The following amendment was read and lost: Representative Tolbert of the 25th moves to amend HB 651 as follows: Page 2 line 2 delete "within six hours of the" and add "immediately upon the" The following amendment was read and adopted: 1182 JOURNAL OF THE HOUSE, Representatives Irvin of the 45th and Bordeaux of the 151st move to amend HB 651 as follows: Strike "providing" on line 32, page 1 and insert in lieu thereof "employed to provide". The following amendment was read and lost: Representatives Lord of the 121st and Sims of the 167th move to amend HB 651 as follows: By adding after the word "person" on page 2 line 2 the words "and the local neighborhood undertaker". 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 YBarfoot Y Barnard YBames Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash N Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G Oil Y Di*on, H Y Dixon, S YDobbs Y Dukes YKhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Polak Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scailett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 162, nays 1. 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 Committee on Insurance and referred to the Committee on Judiciary: TUESDAY, MARCH 4, 1997 1183 HB 597. By Representatives Holland of the 157th and Teper of the 61st: A bill to amend Code Section 33-6-32 of the Official Code of Georgia Annotated, relating to definitions relative to the "Unfair Claims Settlement Practices Act," so as to change a certain definition. Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 624 Do Pass HB 715 Do Pass HB 717 Do Pass HR 296 Do Pass Respectfully submitted, /s/ Coleman of the 142nd Chairman Representative Byrd of the 170th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intra-Governmental Coordination 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 498 Do Pass, by Substitute Respectfully submitted, /s/ Byrd of the 170th Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 6, 1997. 1184 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, March 6, 1997 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 Bailey Baker Bannister Barfoot Barnard Barnes Benefield Bohannon Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Campbell Carter Cash Channel! Childers Clark Coan Coleman, B Connell Cooper Crawford Crews Culbreth Davis, G Davis, M DeLoach, B DeLoach, G Dii Dixon, H Diion, S Dobbs Ehrhart Epps Evans Everett Felton Floyd Franklin Graves Greene Hammontree Harbin Heard Hecht Hecks tall Holland Howard Hudgens Hudson, H Hudson, N Hugley Jackson James Jamieson Johnson Johnston Kaye Lakly Lane Lee Lewis Maddox Manning Martin, J.L Massey McKinney Mills Mobley Mosley Mueller O'Neal Orrock Parsons Pelote Perry Pinholster Polak Ponder Porter Purcell Ray Reaves Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sims Smith, C Smith, C.W Smith, L.R Smith, P Smith, T Smith, V Snelling Snow S tailings Stancil, F Stancil, S Stanley, L Taylor Teague Teper Thomas TiUman Titus Tolbert Trense Turnquest Walker, R.L West Westmoreland Whitaker WUes Williams, B Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Jenkins of the 110th, Sherrill of the 62nd, Twiggs of the 8th, Grindley of the 35th, Dukes of the 161st, Skipper of the 137th, Bates of the 179th, Ladd of the 59th, Golden of the 177th, Rogers of the 20th, Hanner of the 159th, Jones of the 71st, Parham of the 122nd, Smith of the 109th, Buckner of the 95th, Parrish of the 144th, Williams of the 83rd, Mann of the 5th, Hegstrom of the 66th, McClinton of the 68th, Stanley of the 49th, Alien of the 117th, Bordeaux of the 151st, Day of the 153rd, Henson of the 65th, Sinkfield of the 57th, Lucas of the 124th and Coleman of the 142nd. They wish to be recorded as present. Prayer was offered by the Reverend Vernon Hughes, Pastor, Flovilla Baptist Church, Flovilla, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: THURSDAY, MARCH 6, 1997 1185 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 893. By Representative Mobley of the 69th: 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 change the limit on the amount of shrimp which may be taken by cast net. Referred to the Committee on Game, Fish & Parks. HB 894. By Representative Johnston of the 81st: A bill to amend Chapter 13 of Title 36 of the Official Code of Georgia Annotated, relating to county building, electrical, and other codes, so as to provide that such codes shall apply to buildings and structures constructed, owned, or operated by entities which generate, transmit, or sell electric power. Referred to the Committee on Industry. HB 895. By Representatives Mobley of the 69th, McKinney of the 51st and Hegstrom of the 66th: A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to require the Department of Transportation to undertake measures to address soil erosion and storm-water runoff on state routes within municipalities undergoing construction pursuant to federal Local Assistance Road Projects (LARP), including the milling of rights of way prior to construction. Referred to the Committee on Transportation. HB 896. By Representative Childers of the 13th: A bill to amend Code Section 16-11-128 of the Official Code of Georgia Annotated, relating to carrying a pistol or revolver without a license, so as to authorize certain correctional employees to carry such weapons without a license but subject to certain conditions. Referred to the Committee on Public Safety. HB 897. By Representative Benefield of the 96th: A bill to amend Code Section 43-39A-2 of the Official Code of Georgia Annotated, relating to definitions applicable to real estate appraisers, so as to define certain terms; to provide for related matters. Referred to the Committee on Industry. 1186 JOURNAL OF THE HOUSE, HB 898. 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 bill to enact the "Electronic Filing Act of 1997"; to provide a short title; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to provide that certain campaign contribution disclosure reports, financial disclosure reports, and lobbyist disclosure statements shall be filed in a format prescribed by the State Ethics Commission. Referred to the Committee on Judiciary. HB 899. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th, Day of the 153rd and Bordeaux of the 151st: A bill to amend an Act creating the State Court of Chatham County, so as to change the terms of court. Referred to the Committee on State Planning & Community Affairs - Local. HB 900. By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd, Wiles of the 34th, Ehrhart of the 36th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court. Referred to the Committee on State Planning & Community Affairs - Local. HB 901. By Representatives Parsons of the 40th, Shipp of the 38th, Cooper of the 31st, Sauder of the 29th, Manning of the 32nd 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, so as to change the compensation of the chief clerk and the executive secretary of the tax commissioner. Referred to the Committee on State Planning & Community Affairs - Local. HB 902. By Representative Hudson of the 120th: A bill to amend an Act creating a Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of county commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 903. By Representative McCall of the 90th: A bill to create the Lincoln County Recreation Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 904. By Representatives Powell of the 23rd and Jamieson of the 22nd: A bill to create the Franklin County Public Building Authority. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, MARCH 6, 1997 1187 HB 905. By Representatives Polak of the 67th and Teper of the 61st: A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to change the qualifications for issuance of a private detective license. Referred to the Committee on Industry. HB 906. 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 provide for staggered terms; to provide that the chairperson of the commission shall have the right to vote on all matters. Referred to the Committee on State Planning & Community Affairs - Local. HB 907. By Representative Epps of the 131st: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to display of license plates. Referred to the Committee on Motor Vehicles. HB 908. By Representatives Epps of the 131st, Stanley of the 50th, Holland of the 157th, Mobley of the 69th, Skipper of the 137th and others: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, so as to provide for different and stronger penalties for a person convicted of knowingly acting as agent to purchase or acquire alcoholic beverages for or on behalf of a person under 21 years of age. Referred to the Committee on Regulated Beverages. HB 909. By Representatives Stallings of the 100th and West of the 101st: A bill to provide for the Carroll County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent. Referred to the Committee on State Planning & Community Affairs - Local. HB 910. By Representatives Rogers of the 20th, Tolbert of the 25th, Shaw of the 176th, Hecht of the 97th, Lewis of the 14th and others: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that certain court records shall be stored within the State of Georgia; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain county documents shall be stored within the State of Georgia. Referred to the Committee on Judiciary. 1188 JOURNAL OF THE HOUSE, HB 911. By Representative Breedlove of the 85th: A bill to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to change certain definitions; to abolish the State Water Well Standards Advisory Council; to repeal licensing requirements for water well contractors and related matters. Referred to the Committee on Natural Resources & Environment. HB 913. By Representatives Snow of the 2nd, Lane of the 146th, Sauder of the 29th and Graves of the 125th: A bill to amend Code Section 44-14-5 of the Official Code of Georgia Annotated, relating to practices prohibited in connection with certain residential real estate transactions, so as to prohibit certain practices and to require certain notices concerning the purchase or continued requirement of personal mortgage insurance. Referred to the Committee on Banks & Banking. HB 914. By Representatives Purcell of the 147th, Parham of the 122nd and Floyd of the 138th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for the establishment by the authority of a program of scholarship grants for students who have completed two scholarship years at Georgia Military College. Referred to the Committee on University System of Georgia. HB 915. By Representatives Wiles of the 34th, Ehrhart of the 36th, Bradford of the 30th, Barnes of the 33rd, Sauder of the 29th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the district attorney, the assistant district attorneys, and the chief assistant district attorney. Referred to the Committee on State Planning & Community Affairs - Local. HB 916. By Representatives Wiles of the 34th, Ehrhart of the 36th, Bradford of the 30th, Barnes of the 33rd, Sauder of the 29th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for appointment of senior assistant district attorneys and their compensation. Referred to the Committee on State Planning & Community Affairs - Local. HB 917. By Representatives Wiles of the 34th, Sauder of the 29th, Bradford of the 30th, Ehrhart of the 36th, Barnes of the 33rd and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the number of assistant district attorneys. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, MARCH 6, 1997 1189 HB 918. By Representative Hudson of the 120th: A bill to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 919. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the compensation and expense allowances of the chairperson and members of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 920. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to create the Douglasville Convention and Conference Center Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 921. 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 chairperson of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 922. 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 chairperson and members of the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 923. By Representative Dixon of the 150th: 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 commemorating veterans who served in the Eighth Air Force during World War II. Referred to the Committee on Motor Vehicles. HB 924. By Representative Jamieson of the 22nd: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation regarding probate courts, so as to increase the amount of supplementation of minimum salaries of judges of probate courts. Referred to the Committee on Judiciary. 1190 JOURNAL OF THE HOUSE, HB 925. By Representative Purcell of the 147th: A bill to provide for a general homestead exemption from certain ad valorem taxes levied by Effingham County for county purposes in the amount of $4,000.00; to provide for definitions; to provide a homestead exemption from such taxes in the amount of $2,000.00 for certain persons aged 65 years and older. Referred to the Committee on State Planning & Community Affairs - Local. HR 424. By Representatives Shaw of the 176th and Carter of the 166th: A resolution designating the Captain Henry Will Jones Bridge over the Alapaha River. Referred to the Committee on Transportation. HR 425. By Representatives Porter of the 143rd, Jamieson of the 22nd, Parham of the 122nd, Ashe of the 46th, Channell of the lllth and others: A resolution to create the Joint Study Committee on Historic Preservation. 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 933. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment of additional members and their terms of office. 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 871 HB 872 HB 873 HB 874 HB 875 HB 876 HB 877 HB 878 HB 879 HB 880 HB 881 HB 882 HB 883 HB 884 HB 885 HB 886 HB 889 HB 890 HB 891 HB 892 HB 912 HR 414 HR 415 HR 422 SB 61 SB 95 SB 146 SB 179 SB 183 SB 212 SB 237 SB 278 SB 289 SB 306 SB 313 SB 323 SR 166 SR 213 THURSDAY, MARCH 6, 1997 1191 Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report: Mr. Speaker: Your Committee on Children and Youth has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 68 Do Pass, by Substitute Respectfully submitted, M Sinkfield of the 57th Chairman Representative Porter of the 143rd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 180 Do Pass, by Substitute HB 567 Do Pass, by Substitute HR 362 Do Pass Respectfully submitted, /s/ Porter of the 143rd 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 645 Do Not Pass Respectfully submitted, /s/ Carter of the 166th Chairman Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 634 Do Pass, by Substitute HB 635 Do Pass, by Substitute SB 273 Do Pass, as Amended 1192 JOURNAL OF THE HOUSE, Respectfully submitted, M Holmes of the 53rd Chairman Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 96 Do Pass, by Substitute HB 330 Do Pass, by Substitute HB 474 Do Pass, by Substitute HB 830 Do Pass, by Substitute HB 841 Do Pass SB 20 Do Pass SB 110 Do Pass, as Amended SB 138 Do Pass SB 165 Do Pass SB 214 Do Pass, by Substitute SR 144 Do Pass Respectfully submitted, /s/ Childers of the 13th Chairman Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations & Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 176 Do Pass, as Amended Respectfully submitted, /s/ Lucas of the 124th Chairman Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 745 Do Pass Respectfully submitted, /s/ 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: THURSDAY, MARCH 6, 1997 1193 Your Committee on Natural Resources and Environment 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 604 Do Pass, by Substitute HB 844 Do Pass HR 379 Do Pass, as Amended Respectfully submitted, /s/ Banner of the 159th Chairman Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 673 Do Pass, by Substitute SB 173 Do Pass Respectfully submitted, /s/ Twiggs of the 8th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 326 Do Pass Respectfully submitted, /s/ Lee of the 94th Chairman Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 311 Do Pass, by Substitute HR 401 Do Pass SR 164 Do Pass, by Substitute SR 196 Do Pass Respectfully submitted, /s/ Dobbs of the 92nd Chairman 1194 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 of the House and has instructed me to report the same back to the House with the following recommendations: HB 23 Do Pass HB 666 Do Pass, as Amended Respectfully submitted, /a/ 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 606 Do Pass HB 721 Do Pass, by Substitute HB 739 Do Pass, as Amended HB 849 Do Pass HB 850 Do Pass HB 854 Do Pass, by Substitute HB 855 Do Pass HB 856 Do Pass HB 857 Do Pass HB 861 Do Pass SB 234 Do Pass Respectfully submitted, M Royal of the 164th Chairman Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following 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 621 Do Pass HR 344 Do Pass HR 382 Do Pass SB 118 Do Pass, by Substitute SR 9 Do Pass SR 48 Do Pass SR 63 Do Pass, by Substitute SR 88 Do Pass SR 236 Do Pass Respectfully submitted, M Benefield of the 96th Chairman The following report of the Committee on Rules was read and adopted: THURSDAY, MARCH 6, 1997 1195 HOUSE RULES CALENDAR THURSDAY, MARCH 6, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below: HB 193 Minors; certain willful or malicious acts; liability HB 383 Education; litigation involving child; define certain term HB 470 Hazardous materials; certain spills or releases; property lien HB 490 Special county 1 percent sales tax; additional notice HB 493 Insurance fraud; change definition; civil immunity HB 644 State symbols; designate official state tartan SR 130 Chatham County; convey state property Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Lee of the 94th Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 606. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the qualifications of members of the library board of trustees. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 721. By Representative Orrock of the 56th: A bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, so as to provide for the selection of the medical examiner of Fulton County and such person's term of office and compensation. The following Committee substitute was read and adopted: A BILL To amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497), as amended, so as to change the provisions relating to qualifications; to provide for the selection of the medical examiner of Fulton County and such person's term of office and compensation; to provide for vacancies; to provide for expenses of such office; 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 abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497), as amended, 1196 JOURNAL OF THE HOUSE, is amended by striking Section 2 thereof in its entirety and inserting in lieu thereof a new section to read as follows: "SECTION 2. There is hereby created the office of medical examiner of Fulton County. To be eligible to be medical examiner of Fulton County, a person must have the following qualifications: (1) The medical examiner must have a doctor of medicine degree and be licensed to practice medicine under the provisions of Chapter 34 of Title 43 of the O.C.G.A.; (2) The medical examiner must be certified by the American Board of Pathology in forensic pathology; and (3) The medical examiner must have five years of experience in the field of medicolegal death investigations." SECTION 2. Said Act is further amended by striking Section 3 thereof in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "SECTION 3. (a) The medical examiner of Fulton County shall be appointed by the Fulton County Board of Commissioners. The term of the medical examiner of Fulton County serving as such on December 31, 1997, shall expire on midnight of that date and upon the appointment of a successor. That successor shall be appointed for a term which begins January 1, 1998, and which expires December 31, 2003, and upon the appointment of a successor. That successor, and all future successors to the office of medical examiner whose terms of office are to expire, shall be appointed to such office the first day of January immediately following the expiration of such term and shall serve for a term of six years and until a successor is appointed. A person appointed to such office may be reappointed thereto upon the expiration of that person's term. Vacancies in such office shall be filled for the remainder of the unexpired term by appointment by the Fulton County Board of Commissioners. (b) The medical examiner of Fulton County shall be compensated in an amount determined by the Fulton County Board of Commissioners. All expenses of the office of such medical examiner shall, subject to Fulton County budgetary limitations, be paid from the general funds of Fulton County." SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 739. By Representative Purcell of the 147th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court. The following amendment was read and adopted: The Committee on State Planning & Community Affairs - Local moves to amend HB 739 by striking all matter on line 28 of page 1 and inserting in lieu thereof the following: "This Act shall become effective on April 1, 1997, or on the date on which this Act is approved by the Governor or becomes law without such approval, whichever is later." THURSDAY, MARCH 6, 1997 1197 The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. HB 849. By Representatives Bordeaux of the 151st, Pelote of the 149th, Dixon of the 150th, Mueller of the 152nd and Thomas of the 148th: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation 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. HB 850. By Representatives Bordeaux of the 151st, Pelote of the 149th, Dixon of the 150th, Mueller of the 152nd and Thomas of the 148th: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the chief magistrate and magistrates of the Magistrate Court of Chatham County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 854. By Representative Pinholster of the 15th: A bill to provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district. The following Committee substitute was read and adopted: A BILL To provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Pickens County School District, including, but not limited to, taxes to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Income" means gross income, as defined by Georgia law, from all sources. (4) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of the Pickens County School District who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all Pickens County School District ad valorem taxes for educational purposes for the full value of that homestead if that person's income, together with the income of all members of the family residing within the homestead, does not exceed $25,000.00 for the immediately preceding taxable year. 1198 JOURNAL OF THE HOUSE, (b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Pickens County giving the person's age, or if disabled, the certificate or certificates required by subsection (b) of this section, the amount of income which that person and all members of the family residing within the homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Pickens County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1, 1998, has applied for and is eligible for the homestead exemption from Pickens County School District ad valorem taxes for educational purposes pursuant to an Act approved April 4, 1991 (Ga. L. 1991, p. 3851), shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Pickens County School District ad valorem taxes for educational purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1999. SECTION 6. An Act providing a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes, approved April 4, 1991 (Ga. L. 1991, p. 3851), is repealed effective at the last moment of December 31, 1998. SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pickens County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in November, 1998, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pickens County. The ballot shall have written or printed thereon the words: THURSDAY, MARCH 6, 1997 1199 "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes for that school district for the full value of homesteads for residents of that school district who are 62 years of age or older or disabled and whose household income does not exceed $25,000.00 and which repeals the prior homestead exemption which applied only to persons 62 years of age and older whose household income did not exceed $20,000.00?" 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 Sections 1 through 6 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1999. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Pickens County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 8. Except as otherwise specified in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 855. By Representative Pinholster of the 15th: A bill to provide a homestead exemption from certain Pickens County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that county. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 856. By Representative Pinholster of the 15th: A bill to provide a homestead exemption from certain Pickens County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that school district. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 857. By Representatives Titus of the 180th and Bates of the 179th: A bill to amend an Act entitled "An Act to provide for the Board of Education of Thomas County," so as to provide a per diem allowance for the members of such board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1200 JOURNAL OF THE HOUSE, HB 861. By Representatives Walker of the 87th and Stancil of the 91st: A bill to continue the charter for the Academy of Social Circle; to create a body politic known as the School District of Social Circle; to provide for a board of education; to provide for education districts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 234. By Senator Griffin of the 25th: A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Bailey Baker Y Bannister YBarfoot Barnard Bames Y Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter Byid Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Hecht Y Heckstall Hegstrom Henson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall Ray Reaves Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Shemll YShipp YSims Sinkfield Y Skipper Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Thomas Y Tillman Y Titus Y Tolbert YTrense Turaquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bills, the ayes were 151, nays 0. The Bills, having received the requisite constitutional majority, were passed. THURSDAY, MARCH 6, 1997 1201 The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 327. By Senator Dean of the 31st: A bill to repeal an Act approved February 27, 1987 which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dallas Parking Authority duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia. SB 339. By Senator Crotts of the 17th: A bill to amend an Act entitled "An Act to fix the compensation of the members of the Board of Education of Henry County," as amended, so as to change the compensation of such members. HB 602. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city. HB 741. 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 clarify the provisions relating to the compensation and benefits of such officer. SB 83. By Senator James of the 35th: A bill to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial, so as to provide that persons accused of vehicular homicide through violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, shall be given a trial within one year of indictment or be acquitted of the offense; to provide for applicability. SB 145. By Senator Henson of the 55th: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the inclusion of bicycle transportation facilities within the definition of the term "other transportation purposes"; to provide for the inclusion of certain railroads and related facilities and operating rights within the definition of the term "public road". SB 269. By Senators Thompson of the 33rd and Roberts of the 30th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, so as to change the definition of the term "corporation"; to provide that information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such facilities and accurate to within 18 inches measured vertically from the topmost edge of such utility facilities. 1202 JOURNAL OF THE HOUSE, SB 270. By Senators Oliver of the 42nd, Langford of the 29th and Marable of the 52nd: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change provisions relating to notice of and enforcement of tax executions; to provide for notice to owners of mortgages and security deeds; to delete provisions relating to requiring such owners to furnish lists of properties in order to receive notice; to change provisions relating to enforcement rights of transferees of tax executions. SB 276. By Senators Land of the 16th, Ralston of the 51st and Ray of the 48th: A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to change the provisions relating to the affidavit which must be filed with the complaint in any action for damages alleging professional malpractice; to change the provisions relating to the time of filing and the contents of such affidavit and the practices and procedures related thereto. HB 93. By Representatives Buck of the 135th, Walker of the 141st, Lee of the 94th and others: A bill to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, so as to provide for additional licensing authority of the state revenue commissioner; to authorize any farm winery to sell its wines and to make sales of alcoholic beverages for consumption on the premises at certain facilities located at or on property contiguous to the farm winery. HB 127. By Representative Shaw of the 176th: 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. HB 130. By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th: A bill to amend Chapter 5 of Title 2 of the Official Code of Georgia Annotated, known as the "Department of Agriculture Registration, License, and Permit Act," so as to authorize the Department of Agriculture to accept applications either in writing or through available electronic media approved by the Commissioner. HB 171. By Representatives Dixon of the 168th and Epps of the 131st: A bill to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Administrative Procedure Act," so as to redefine the term "agency" as it relates to the Department of Revenue. HB 182. By Representatives McCall of the 90th and Hanner of the 159th: 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 change the provisions relating to the inspection of antifreeze samples; to provide for the submission of current certified test reports; to provide for the issuance of licenses or permits. THURSDAY, MARCH 6, 1997 1203 HB 208. By Representatives Orrock of the 56th, Royal of the 164th and Walker of the 141st: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, so as to change the definition of "municipality"; to provide for the method of selecting mayoral members of a commission in the event the mayors of municipalities within a county fail to designate one of their number as a member. HB 277. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and others: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for certain enforcement powers regarding the EMSC Program. HB 418. By Representatives Jamieson of the 22nd, Buck of the 135th, Coleman of the 142nd and others: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to classify certain commercial vehicles as a separate class of property for ad valorem tax purposes. HB 428. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change a definition regarding job tax credits; to change provisions regarding tax credits and optional tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1, 2, and 3 counties. The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House: HB 49. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and Greene of the 158th: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise the laws of this state relating to fertilizers; to provide for administration of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing. HB 119. By Representatives Buck of the 135th, Murphy of the 18th, Walker of the 141st and others: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state. 1204 JOURNAL OF THE HOUSE, HB 178. By Representatives Dobbs of the 92nd and Twiggs of the 8th: A bill to amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section; to provide for the payment of replacement costs and interest. HB 214. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others: A bill to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, so as to provide that the State School Superintendent shall prepare for the use of the public schools of this state a program of instruction in the correct use and display of the flag of the United States of America. The Senate has adopted by the requisite constitutional majority the following resolutions of the House: HR 167. By Representative Royal of the 164th: A resolution authorizing the conveyance of certain state owned real property located in Mitchell County. HR 174. By Representatives Childers of the 13th, Murphy of the 18th, Shanahan of the 10th and others: A resolution urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in northwest Georgia. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 83. By Senator James of the 35th: A bill to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial, so as to provide that persons accused of vehicular homicide through violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, shall be given a trial within one year of indictment or be acquitted of the offense; to provide for applicability. Referred to the Committee on Judiciary. SB 145. By Senator Henson of the 55th: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the inclusion of bicycle transportation facilities within the definition of the term "other transportation purposes"; to provide for the inclusion of certain railroads and related facilities and operating rights within the definition of the term "public road". Referred to the Committee on Transportation. THURSDAY, MARCH 6, 1997 1205 SB 269. By Senators Thompson of the 33rd and Roberts of the 30th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, so as to change the definition of the term "corporation"; to provide that information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such facilities and accurate to within 18 inches measured vertically from the topmost edge of such utility facilities. Referred to the Committee on Industry. SB 270. By Senators Oliver of the 42nd, Langford of the 29th and Marable of the 52nd: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change provisions relating to notice of and enforcement of tax executions; to provide for notice to owners of mortgages and security deeds; to delete provisions relating to requiring such owners to furnish lists of properties in order to receive notice; to change provisions relating to enforcement rights of transferees of tax executions. Referred to the Committee on Judiciary. SB 276. By Senators Land of the 16th, Ralston of the 51st and Ray of the 48th: A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to change the provisions relating to the affidavit which must be filed with the complaint in any action for damages alleging professional malpractice; to change the provisions relating to the time of filing and the contents of such affidavit and the practices and procedures related thereto. Referred to the Committee on Judiciary. SB 327. By Senator Dean of the 31st: A bill to repeal an Act approved February 27, 1987 which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dallas Parking Authority duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia. Referred to the Committee on State Planning & Community Affairs - Local. SB 339. By Senator Crotts of the 17th: A bill to amend an Act entitled "An Act to fix the compensation of the members of the Board of Education of Henry County," as amended, so as to change the compensation of such members. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolutions of the House were read and referred to the Committee on Rules: 1206 JOURNAL OF THE HOUSE, HR 432. By Representative Randall of the 127th: A resolution welcoming citizens and public officials from Macon and Bibb County, observing March 6, 1997, as Macon Day in Atlanta-Taste of Macon, and inviting Mr. Larry Justice, Chairman of the Bibb County Board of Commissioners, Mr. Jim Marshall, Mayor of the City of Macon, and other officials and dignitaries from the Macon and Bibb County area to appear before the House of Representatives. HR 433. By Representatives Holmes of the 53rd, Mobley of the 69th, Hegstrom of the 66th, McClinton of the 68th, Brooks of the 54th and others: A resolution recognizing the President of the National Assembly of Guinea and inviting him to appear before the House of Representatives. Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 399 Do Pass HR 412 Do Pass HR 413 Do Pass HR 431 Do Pass HR 432 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 399. By Representatives Grindley of the 35th, Burkhalter of the 41st and Franklin of the 39th: A resolution commending Dr. Leila Daughtry Denmark for her exemplary medical career and inviting her to appear before the House of Representatives. HR 412. By Representative Channell of the lllth: A resolution commending Dr. Ruby Graves Cheves, Georgia Mother of Young Children, and inviting her to appear before the House of Representatives. HR 413. By Representatives Hammontree of the 4th, Mann of the 5th, Walker of the 141st and O'Neal of the 75th: A resolution commending Coach Bill Chappell and inviting him to appear before the House of Representatives. HR 431. By Representatives Royal of the 164th, Hudson of the 156th, Carter of the 166th, Ponder of the 160th, Everett of the 163rd and others: A resolution commending Congressman Sanford Bishop and inviting him to appear before the House of Representatives. THURSDAY, MARCH 6, 1997 1207 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 122 Do Pass, by Substitute HB 688 Do Pass, by Substitute HB 762 Do Pass HB 840 Do Pass SB 205 Do Pass, as Amended Respectfully submitted, /s/ Randall of the 127th Chairman Representative Walker of the 141st assumed the Chair. Representative Pinholster of the 15th arose to a point of personal privilege and addressed the House. Representative Crews of the 78th 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 Walker of the 87th arose to a point of personal privilege and addressed the House. Representative Williams of the 83rd arose to a point of personal privilege and addressed the House. Representative Jackson of the 112th arose to a point of personal privilege and addressed the House. Representative McKinney of the 51st arose to a point of personal privilege and addressed the House. Representative Westmoreland of the 104th arose to a point of personal privilege and addressed the House. Representative Reichert of the 126th arose to a point of personal privilege and addressed the House. Representative Murphy of the 18th 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: 1208 JOURNAL OF THE HOUSE, HR 432. By Representative Randall of the 127th: A resolution welcoming citizens and public officials from Macon and Bibb County, observing March 6, 1997, as Macon Day in Atlanta-Taste of Macon, and inviting Mr. Larry Justice, Chairman of the Bibb County Board of Commissioners, Mr. Jim Marshall, Mayor of the City of Macon, and other officials and dignitaries from the Macon and Bibb County area to appear before the House of Representatives. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. Representative Walker of the 141st announced the House in recess until 2:15 o'clock this afternoon. THURSDAY, MARCH 6, 1997 1209 AFTERNOON SESSION The Speaker called the House to order. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 34. 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 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 34 The Committee of Conference on HB 34 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 34 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/ Sonny Perdue Senator, 18th District /s/ Thomas B. Buck, III Representative, 135th District A BILL To amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the "General Appropriations Act", approved April 25, 1996 (Ga. L. 1996, p. 1529), so as to change certain appropriations for the State Fiscal Year 1996-1997; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 1996-1997, as amended, known as the "General Appropriations Act" approved April 25, 1996 (Ga. L. 1996, p. 1529), is further amended by striking everything following the enacting clause through Section 64, 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, 1996, and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $10,500,000,000 (excluding the indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997. 1210 JOURNAL OF THE HOUSE, PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly ..........................................................$ Personal Services - Staff ................................................................$ Personal Services - Elected Officials............................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................$ Capital Outlay .................................................................................$ Per Diem Differential.....................................................................$ 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....................................................................! 26.278.571 13,982,258 3,840,461 2,639,647 98,000 7,000 0 585,000 232,000 475,000 5,000 650,500 145,980 2,394,925 90,000 1,132,800 26,278,571 26,278,571 Senate Functional Budgets Total Funds State Funds Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total 4,107,790 658,038 1,191,350 5,957,178 4,107,790 658,038 1,191,350 5,957,178 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 $ 10,634,940 $ 553,080 $ 1.413.794 $ 12,601,814 10,634,940 553,080 1,413,794 12,601,814 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total 2,781,605 2,152,611 1,006,538 1,401,672 377,153 7,719,579 2,781,605 2,152,611 1,006,538 1,401,672 377,153 7,719,579 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 Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the THURSDAY, MARCH 6, 1997 1211 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 notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 20,625,494 16,470,396 617,030 575,000 268,695 15,000 895,000 58,225 1,564,000 162,148 20,625,494 20,625,494 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....................................................................! 83,818,558 12,144,773 68,626,312 2,325,110 1,346,564 26,240 300,000 683,800 85,452,799 83,818,558 Judicial Branch Functional Budgets Total Funds State Funds 1212 JOURNAL OF THE HOUSE, 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 Commissions Georgia Office of Dispute Resolution Total 6,591,102 7,884,049 33,885,637 27,798,196 1,093,172 758,378 2,026,094 168,197 3,000,000 1,998,906 249.068 $ 85,452,799 5,965,631 7,834,049 33,817,637 26,907,426 1,093,172 758,378 2,026,094 168,197 3,000,000 1,998,906 249,068 83,818,558 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....................................................................! 41,626,890 50,932,252 13,051,106 434,831 696,459 1,608,195 11,737,692 3,586,862 4,134,175 3,036,876 11,796,710 0 2,972,744 50,000 540,699 60,183,280 929,406 21,000,000 550,000 85,000 48,500 85.000 187,459,787 41,626,890 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 1,940,977 2,232,092 12,701,985 530,934 3,061,819 683,232 20,919,779 47,343,191 4,627,673 1,162,773 2,100,905 9,727,188 530,934 3,061,819 0 0 14,069,599 0 THURSDAY, MARCH 6, 1997 1213 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 ! 76,288,305 ! 3,363,509 ! 2,691,230 $ 1,309,330 $ 4,344,516 ! 668,788 $ 0 ! 1,092,425 $ 3,660,002 ! 187,459,787 5,850,000 0 0 0 550,000 668,788 0 519,051 3,385,833 41,626,890 B. Budget Unit: Georgia Building Authority. Personal Services........................................... Regular Operating Expenses ....................... Travel .............................................................. Motor Vehicle Purchases............................. Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................! Contractual Expense.......................................................................! Facilities Renovations and Repairs..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 0 22,260,369 13,236,589 12,000 268,000 452,400 110,100 15,071 228,970 405,000 50,000 0 0 0 37,038,499 0 Departmental Functional Budgets Total Funds State Funds Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total 1,535,634 5,475,952 4,453,839 6,785,722 382,451 4,097,175 ! 12,927,239 ! 451,635 ! 928,852 $ 37,038,499 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 ......................................... Per Diem, Fees and Contracts ........................ Market Bulletin Postage.................................. Payments to Athens and Tifton Veterinary Laboratories ................................................... 37.694,271 31,819,304 4,514,508 1,074,894 692,227 439,750 550,000 814,475 412,585 992,587 1,046,000 2,750,466 1214 JOURNAL OF THE HOUSE, 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....................................................................$ 2,719,702 312,000 60,000 175,000 662,431 0 350,000 0 40,000 0 49,425,929 37,694,271 Departmental Functional Budgets Total Funds State Funds Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total 8,520,089 16,000,489 6,687,636 5,837,509 3,449,263 8,348,840 582,103 49,425,929 7,739,089 12,868,354 3,012,636 5,650,009 3,319,563 5,104,620 0 37,694,271 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....................................................................! 0 934,037 178,872 4,650 0 3,060 2,000 0 7,757 7,225 145,367 107,050 1,390,018 0 Section 6. 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.......................................................................! 9,318,265 7,701,330 455,685 400,000 36,750 8,200 295,000 335,000 73,000 THURSDAY, MARCH 6, 1997 1215 Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$ 13,300 9,318,265 9,318,265 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....................................................................! 149,407,187 95,045,696 9,511,811 939,357 185,788 465,630 346,436 1,690,885 1,010,824 5,783,294 2,959,577 509,559 3,615,495 17,682,980 15,416,530 0 155,163,862 149,407,187 Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Court Services Day Centers Group Homes CYS Purchased Services Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Total 31,841,613 15,925,486 10,897,401 6,538,420 5,564,824 14,855,196 14,593,530 19,219,077 496,745 1,043,480 20,043,552 1,650,835 591,587 3,886,910 8.015,206 155,163,862 29,863,052 15,148,043 10,234,969 6,223,039 5,228,227 14,519,944 14,306,280 19,072,273 496,745 1,043,480 19,216,597 1,650,835 591,587 3,796,910 8.015,206 149,407,187 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs ............................$ Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! 47,585,552 13,169,863 1,615,940 342,534 0 96,673 1,102,988 1,257,446 387,197 344,452 1216 JOURNAL OF THE HOUSE, Capitol Felony Expenses................................................................! Contracts for Regional Planning and Development................................................................................! Local Assistance Grants .................................................................$ Appalachian Regional Commission Assessment.........................! Community Development Block Grants - Federal ..........................................................................$ Payment to Georgia Environmental Facilities Authority ......................................................................................$ Payment to Georgia Housing and Finance Authority ...............................................................$ ARC-Revolving Loan Fund ...........................................................$ Local Development Fund...............................................................! Payments to Music Hall of Fame Authority ..............................$ Payment to State Housing Trust Fund.......................................$ Payments to Sports Hall of Fame................................................! Regional Economic Business Assistance Grants........................................................................! Local Government Efficiency Grant Program............................! State Commission on National and Community Service...........................................................................................! EZ/EC Administration...................................................................! EZ/EC Grants..................................................................................! Business Flood Disaster Recovery Program ...............................$ Targeted Regional Assistance Program.......................................! Administrative Cost Allocation.....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 0 2,167,374 24,114,971 112,439 30,000,000 2,407,584 2,814,244 0 650,000 965,278 4,625,000 281,541 6,650,000 500,000 214,856 209,499 0 0 0 0 94,029,879 47,585,552 Departmental Functional Budgets Total Funds State Funds Executive Division Research and Information Division Planning and Management Division Business and Financial Assistance Division Housing and Finance Division Accounting, Audits and Administration Division Rental Assistance Division Total ! 1,053,363 $ 2,896,369 $ 4,481,067 $ 39,376,604 $ 4,005,987 ! 38,625,792 ! 3,590,697 ! 94,029,879 ! 546,906 $ 2,448,142 $ 4,276,254 $ 7,828,061 $ 0 $ 32,486,189 ! 0 $ 47,585,552 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.......................................................................................! 674,679,443 474,541,615 59,230,330 2,139,094 4,348,384 5,221,705 6,070,360 6,008,776 7,505,873 12,797,324 0 21,029,455 1,100,000 THURSDAY, MARCH 6, 1997 1217 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............................................... 15,986,950 4,143,750 0 1,127,250 4,059,700 1,376,000 461,160 1,300,000 65,495,930 63,420 366,244 894,000 695,267,320 450,000 0 674,679,443 Departmental Functional Budgets Total Funds State Funds Executive Operations Administration Human Resources Field Probation Facilities Total $ 14,842,276 $ 88,195,813 $ 12,358,510 $ 59,672,669 $ 520.198.052 ! 695,267,320 ! 14,485,276 ! 84,886,738 ! 12,358,510 ! 59,192,669 ! 503,756,250 ! 674,679,443 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....................................................................! 43.308,314 33,766,363 1,615,677 547,000 228,000 191,424 291,200 2,785,000 930,000 2,278,650 650,000 25,000 43,308,314 43,308,314 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....................................................................! 4,230,851 9,090,415 6,198,797 29,375 0 28,840 11,125 24,400 40,825 458,000 0 15,881,777 1218 JOURNAL OF THE HOUSE, State Funds Budgeted............................................................... 4,230,851 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total 1,281,075 5,316,273 9,284,429 15,881,777 1,241,926 618,360 2,370.565 4,230,851 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) ......................................................................$ 4,111,161,076 33,455,602 5,226,647 967,224 57,592 117,371 7,526,554 1,309,614 1,109,107 17,476,784 912,272 0 997,621,233 856,200,685 350,962,605 168,564,020 111,007,756 384,401,822 58,064,303 89,508,479 33,759,340 106,022,187 691,835,455 142,329,530 (673,892,309) 91,218,777 0 165,250,422 3,609,604 25,291,984 87,838,070 78,838,661 563,759 14,363,735 143,999,894 5,408,750 54,732,103 2,210,804 44,078,591 188,375,722 29,128,663 THURSDAY, MARCH 6, 1997 1219 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....................................................................! 1,491,147 9,764,497 3,489,010 21,712,907 5,041,480 3,500,000 7,580,313 293,520 2,720,906 0 0 0 0 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 16,877,102 1,250,000 700,000 382,597 4,340,000 1,875,664 12,976,442 100,000 3,300,000 500,000 55,000 15,289,138 266,403 4,607,189,339 340,000 4,111,161,076 Departmental Functional Budgets Total Funds State Funds State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs ! 9,979,858 ! 16,525,416 ! 1,216,892 ! 4,752,496 ! 6,005,977 ! 11,784,145 ! 1,099,461 ! 4,539,380,572 ! 8,522,164 ! 12,459,463 ! 1,139,303 ! 4,752,496 ! 717,685 ! 10,710,449 ! 1,099,461 ! 4,056,290,225 1220 JOURNAL OF THE HOUSE, Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total 5,396,840 4,999,826 5,044,718 1,003,138 4,607,189,339 5,143,455 4,770,730 4,771,163 784.482 4,111,161,076 B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Assistive Technology.......................................................................$ Alternative Programs......................................................................! Educational Technology Centers..................................................! Distant Learning - Satellite Dishes ..............................................$ Model Technology Schools ............................................................$ Capital Outlay .................................................................................$ Post Secondary Options .................................................................$ Learning Logic Sites .......................................................................$ Financial and Management Equipment ......................................$ Computers in the Classroom .........................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................! 348,481.780 204,982,285 3,650,000 0 1,100,000 0 250,000 0 107,147,885 1,510,000 0 2,736,950 27.104.660 348,481,780 348,481,780 Section 12. 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 1,969,849 301,000 18,000 0 13,220 554,222 306,040 38,362 1,313,358 0 4,514,051 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....................................................................! 35,585,086 29,287,269 5,693,751 159,937 1,032,785 1,599,619 310,500 54,764 928,106 1,094,798 0 28,500 60,000 241,752 40,491,781 35,585,086 Departmental Functional Budgets Total Funds State Funds Reforestation 1,843,044 52,726 THURSDAY, MARCH 6, 1997 1221 Field Services General Administration and Support Total 34,669,238 3,979,499 $ 40,491,781 31,721,016 3.811.344 35,585,086 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....................................................................! 46.972,957 35,621,860 4,283,612 448,187 476,558 606,640 610,837 2,063,325 1,082,166 1,295,772 484,000 0 46,972,957 46,972,957 Departmental Functional Budgets Total Funds State Funds Administration Investigative Georgia Crime Information Center Forensic Sciences Total 3,777,831 24,562,684 7,965,488 10.666,954 46,972,957 3,777,831 24,562,684 7,965,488 10,666,954 46,972,957 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.........................................................................! Investment for Modernization ......................................................$ 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....................................................................! 33,039,333 15,246,726 954,076 266,239 0 63,776 582,757 1,002,683 455,681 4,306,578 3,432,344 40,000 700,000 5,185,678 165,000 3,850,000 214,000 150,000 0 290,975 1,477,500 100,000 684,400 1,085,968 0 60,000 40,314,381 1222 JOURNAL OF THE HOUSE, State Funds Budgeted............................................................... 33,039,333 Departmental Functional Budgets Total Funds State Funds Governor's Office Office of Equal Opportunity 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 Governor's Commission for the Privatization of Government Services Vocational Education Advisory Council Total 8,823,022 981,413 8,387,160 4,996,782 3,251,629 342,373 1,230,166 2,206,223 313,156 4,389,399 5,009,163 94,895 200,000 89,000 40,314,381 8,823,022 823,413 8,287,160 4,420,782 3,251,629 342,373 290,847 531,223 313,156 4,389,399 1,182,434 94,895 200,000 89,000 33,039,333 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...........................................$ Grants to County DFACS - Operations...................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$ 692,931,469 52,702,721 2,156,126 1,332,131 1,647,558 89,753 4,818,586 5,970,346 1,282,446 726,204 284,000 46,786,389 37,907,296 73,440 996,644 17,942,073 797,890 175,513,603 412,600 109,237,873 Departmental Functional Budgets Total Funds State Funds Commissioner's Office 1,460,368 1,460,368 THURSDAY, MARCH 6, 1997 Budget Administration Children's Community Based Initiative Troubled Chilren's Placements Technology and Support 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 Policy and Government Services Aging Services State Health Planning Agency DD Council Total 2. Public Health Budget: Personal Services..................... Regular Operating Expenses. 1,484,360 5,119,250 46,786,389 21,446,210 5,480,691 877,102 2,739,981 9,960,897 6,265,864 6,193,516 1,845,416 1,824,319 0 1,031,559 59,598,073 1,695,639 1.703,969 175,513,603 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.. Postage......................................................... 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 12,957,348 1,415,696 1,526,075 2,302,385 4,221,570 5,359,085 2,246,333 10,898,670 83,023,436 66,525,208 13,332,554 1223 $ 1,472,459 ! 4,744,250 ! 33,635,726 ! 19,803,056 ! 4,226,695 ! 867,102 ! 2,739,981 ! 4,226,414 ! 2,306,430 $ 5,993,516 ! 1,845,416 ! 1,824,319 ! (8,595,811) ! 1,031,559 ! 29,989,591 $ 1,615,639 $ 51.163 ! 109,237,873 52,597,331 75,351,611 913,555 0 501,177 1,425,278 4,220,545 1,654,043 1,241,890 580,732 12,913,517 129,671,212 34,500 115,993 4,462,872 285,684,256 549,718 154,422,008 State Funds ! 12,827,673 ! 1,200,865 ! 1,203,900 ! 1,189,773 ! 3,822,751 ! 5,212,085 ! 310,879 ! 5,744,320 ! 0 ! 65,486,672 ! 6,556,247 1224 JOURNAL OF THE HOUSE, 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 Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect Cost Total 3,240,976 1,782,019 578,695 1,009,244 6,040,468 925,227 1,189,590 2,455,855 474,068 556,495 4,851,648 1,253,612 426,906 1,968,815 1,956,452 2,707,960 1,204,242 6,241,647 2,306,429 164,148 9,856,546 8,898,597 3,250,000 5,504,079 174,591 12,857,587 0 285,684,256 1,892,263 1,683,117 425,913 0 4,643,502 751,792 516,528 1,045,487 474,068 556,495 4,851,648 1,001,257 216,973 1,920,136 1,718,713 2,485,142 692,369 5,971,647 869,431 164,148 5,107,508 0 2,493,380 2,135,951 157,094 10,627,999 (1,535,718) 154,422,008 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....................................................................! 76,346,922 12,437,994 1,183,228 83,000 743,880 4,816,685 7,743,204 2,457,974 1,697,134 27,346,408 0 705,245 11,934,155 215,000 937,269 811,902 149,460,000 100,000 23,941,510 Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services Independent Living Employment Services Community Facilities 53,085,521 919,558 516,005 10,335,560 ! 10,576,505 ! 607,201 ! 516,005 ! 3,780,710 THURSDAY, MARCH 6, 1997 State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total 5,450,404 809,166 4,377,562 714,540 35,629,124 12,614,904 $ 25,007,656 149,460,000 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 ............................... 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 552,343 4,361,986 6,264,527 4,002,531 11,093,303 1,108,604 3,433,097 38,918,690 1,502,428 66,523,060 366,174,867 100 2,799,420 9,893,600 113,420,564 91,858,619 3,190,752 8,435,211 64,162,611 19,279,391 1225 $ 807,636 $ 0 $ 1,348,865 $ 714,540 $ 0 $ 900,703 $ 4,689,345 $ 23,941,510 47,464,566 4,742,042 1,167,632 0 400,080 3,519,841 19,572,831 36,180,458 10,892,881 2,342,103 378,013,987 6,344,858 213,227,671 16,547,235 4,425,956 297,156,396 1,041,998,537 2,565,582 405,330,078 State Funds $ 552,343 3,834,883 5,225,131 4,002,531 480,299 1,108,604 2,541,080 21,238,750 1,502,428 6,436,670 128,154,366 100 0 0 57,132,316 35,606,623 0 2,586,800 32,819,247 8,017,486 1226 JOURNAL OF THE HOUSE, Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund Indirect Cost Total 28,974,424 3,190,503 29,784,476 9,618,969 5,161,293 12,468,472 11,544,785 118,635,892 0 3,301,916 2,342,103 0 $ 1,041,998,537 13,350,649 2,420,990 16,550,750 6,313,935 4,248,383 9,374,838 7,408,642 38,836,937 0 2,205,709 2,342,103 (8.962.515) 405,330,078 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..............................................................................? 229,111,540 94,687,773 4,596,546 1,730,558 1,734,890 14,580,390 37,506,926 41,574,921 14,558,109 27,346,408 2,342,103 378,013,987 7,914,835 260,014,060 79,302,203 129,671,212 322,940 937,269 6,350,495 17,942,073 297,954,286 4,462,872 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....................................................................? 497,194,036 343,243,488 58,254,638 769,533 11,531,274 2,127,790 273.564.129 689,490,852 2,404,100 497,194,036 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at 39,911,914 30,235,826 23,415,883 25,348,848 13,397,712 21,498,081 THURSDAY, MARCH 6, 1997 1227 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 21,746,951 27,794,094 29,923,674 126,109,278 19,880,233 51,859,806 19,995,464 3,995,292 1,309,656 130,383,731 89,969,143 56,825,492 10,798,359 5.336,056 689,490,852 ! 19,860,059 ! 20,921,995 ! 25,368,683 $ 83,170,307 ! 18,198,912 $ 22,536,270 ! 17,209,225 ! 3,086,357 ! 1,162,131 ! 124,367,891 ! 57,513,998 ! 31,927,812 ! 6,930,930 ! 4.694,825 ! 497,194,036 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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts.................................................! Marketing.........................................................................................! Georgia Ports Authority Lease Rentals.......................................! Foreign Currency Reserve..............................................................! Waterway Development in Georgia..............................................! Lanier Regional Watershed Commission.....................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 20,836,745 9,721,978 1,673,433 356,318 31,100 100,375 142,000 961,025 328,940 1,110,712 191,600 5,800,264 625,000 0 50,000 0 21,092,745 20,836,745 Departmental Functional Budgets Total Funds State Funds Administration Economic Development Trade Tourism Total ! 9,510,057 ! 4,487,057 $ 1,630,998 ! 5,464,633 ! 21,092,745 ! 9,510,057 ! 4,387,057 ! 1,630,998 $ 5.308,633 ! 20,836,745 Section 18. Department of Insurance. Budget Unit: Department of Insurance ........ Personal Services......................................... Regular Operating Expenses..................... Travel............................................................ 15.149,383 13,493,200 768,314 379,754 1228 JOURNAL OF THE HOUSE, 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....................................................................! 86,733 59,129 448,235 804,047 275,334 141,292 0 16,456,038 15,149,383 Departmental Functional Budgets Total Funds State Funds Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Total $ 4,396,908 $ 6,612,720 $ 517,571 $ 4,928,839 $ 16,456,038 $ 4,396,908 $ 6,612,720 $ 517,571 $ 3,622,184 $ 15,149,383 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....................................................................! 9,628,869 70,226,432 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 0 155,808,877 9,628,869 Departmental Functional Budgets Total Funds State Funds Executive Offices/Administrative Services Employment and Training Services Total ! 29,280,013 ! 126,528,864 ! 155,808,877 $ 7,768,177 ! 1.860.692 $ 9,628,869 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 .................................................................$ 12.521.718 11,874,661 638,449 179,322 0 31,350 360,793 698,548 140,424 60,000 147.000 THURSDAY, MARCH 6, 1997 1229 Total Funds Budgeted.. State Funds Budgeted.. 14,130,547 12,521,718 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......................................................! Medicaid Benefits, Penalties and Disallowances.......................................................................! Audit Contracts...............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 1,158.103,344 15,540,478 5,994,250 188,400 0 39,500 24,169,000 765,380 475,000 61,570,859 3,243,802,230 772,500 3,353,317,597 1,158,103,344 Departmental Functional Budgets Total Funds State Funds Commissioner's Office Benefits, Penalties and Disallowances Systems Management Indemnity Chronic Care Maternal and Child Health Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total 1,622,440 3,243,802,230 31,798,882 1,455,058 1,304,250 9,173,992 1,734,493 5,434,450 4,382,441 52.609.361 3,353,317,597 ! 811,217 $ 1,133,718,248 $ 10,220,495 ! 639,801 ! 463,423 ! 3,815,280 ! 806,076 ! 2,717,225 ! 1,934,951 ! 2,976,628 $ 1,158,103,344 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........................................................................! 0 8,806,316 I,815,695 93,500 27,787 863,078 172,478,321 3,404,105 450,146 911,827,186 1,099,766,134 152,001 II,927,339 1230 JOURNAL OF THE HOUSE, Employee and Employer Contributions. Deferred Compensation............................. State Funds Budgeted............................... Departmental Functional Budgets 1,087,461,889 224,905 0 Total Funds State Funds Commissioner's Office 2,858,888 ! 0 Applicant Services 2,634,656 ! 0 Classification and Compensation 1,602,242 ! 0 Flexible Benefits 1,250,694 ! 0 Employee Training and Develop- ment 1,256,551 ! 0 Health Insurance Administration 1,086,460,247 ! 0 Accounting and Audits 1,089,437 ! 0 Administration and Systems $ 2,613,419 $ 0 Total 1,099,766,134 ! 0 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.........................................................................................! Chattahoochee River Basin Grants..............................................! 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............................................! 104,767,909 74,752,387 15,218,303 543,147 2,137,217 2,455,943 2,317,656 3,516,651 886,332 1,293,265 20,915 575,000 2,878,663 1,408,810 2,907,140 213,750 754,174 350,000 1,300,000 26,250 0 500,000 800,000 256,500 800,000 2,700,000 895,000 101,213 170,047 202,448 300,000 0 31,000 THURSDAY, MARCH 6, 1997 1231 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....................................................................? 17,900,013 5,396,990 2,324,684 100,000 6.650 146,040,148 888,943 3,811,965 2,663,931 1,424,501 200,000 104,767,909 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 Assistance Total 5,993,660 2,784,017 2,256,346 43,147,084 2,545,543 34,562,446 53,646,814 1.104,238 146,040,148 ? 5,978,660 ? 2,784,017 ? 1,766,346 ? 17,194,167 ? 2,420,825 ? 29,658,025 ? 43,861,631 ? 1.104.238 ? 104,767,909 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 2,614,812 1,958,978 24,959 30,000 85,000 15,000 0 50,000 695,000 0 5,473,749 0 Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority 5,473,749 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety... 1. Operations Budget: Personal Services................................................ Regular Operating Expenses............................ 101,208,644 61,349,647 7,608,813 1232 JOURNAL OF THE HOUSE, 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....................................................................! 104,095 3,907,500 542,054 3,701,067 28,962 1,680,294 1,285,050 145,100 0 0 80,352,582 1,650,000 78,702,582 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....................................................................! 18,162,449 1,232,457 57,181 0 69,800 0 47,262 633,853 41,500 0 303,651 34,900 1,923,009 22,506,062 0 22,506,062 Departmental Functional Budgets Total Funds State Funds Administration Driver Services Field Operations Total 22,495,587 22,506,062 57,856,995 102,858,644 20,995,587 22,506,062 57,706,995 101,208,644 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....................................................................! 14,435,708 7,952,159 2,550,274 103,800 29,443 204,322 163,762 154,497 175,746 578,362 2,425,200 3,972,660 0 18,310,225 14,435,708 THURSDAY, MARCH 6, 1997 1233 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 3,054,814 1,444,682 1,166,853 1,188,742 470,003 10,985,131 18,310,225 330,297 1,444,682 1,076,853 1,078,742 470,003 10,035,131 14,435,708 Section 25. 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............................................... 14,212,500 575,000 13,637,500 14,212,500 14,212,500 Section 26. 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............... 8.247,316 7,101,209 607,205 225,530 18,000 40,270 503,424 324,420 153,298 1.322,663 10,296,019 8,247,316 Departmental Functional Budgets Total Funds State Funds Administration Transportation Utilities Total 1,972,568 $ 3,446,979 4.876.472 10,296,019 1,972,568 1,606,480 4,668,268 8,247,316 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............................................................................! 1,162,414,280 1,240,822,469 204,000,000 295,640,982 146,000,000 20,352,506 1,276,046 359,714 388,344 1234 JOURNAL OF THE HOUSE, Research Consortium......................................................................? Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................? 6,645,000 0 1,915,485,061 42,000,000 350,000,000 358,043,481 3,027,300 1,162,414,280 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.......................................................................? Area Health Education Centers....................................................? 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....................................................................? 175,926,490 274,269,977 69,874,000 127,294,177 38,184,000 0 2,397,136 2,062,129 3,864,204 2,119,378 146,400 7,000,000 5,868,890 250,000 2,505,183 5,198,650 1,357,718 600,000 200,000 1,122,866 208,403 425,000 14,826,489 559,774,600 0 109,767,000 273,525,410 555,700 175,926,490 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 1,989,517 3,933,780 1,376,989 117,578,655 11,038,929 59,040,970 49,210,724 1,359,434 1,519,510 976,989 13,348,554 2,617,757 38,452,317 31,398,407 THURSDAY, MARCH 6, 1997 1235 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 253,861,493 2,887,931 2,827,763 24,186,026 3,044,746 3,128,504 25,668.573 559,774,600 $ 32,956,551 ! 2,887,931 ! 527,752 ! 24,186,026 ! 0 ! 128,504 ! 25.566.758 ! 175,926,490 C. Budget Unit: Georgia Public Telecommunications Commission..............................................................! Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................! 0 9,384,773 14.825,274 24,210,047 24,210,047 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............................................................! Mercer University Grant Equipment....................................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................! 78,504,000 16,400,000 2,000,000 1,500,000 48,254,000 10,100,000 250.000 78,504,000 78,504,000 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..............................................................................................! Investment For Modernization .....................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................! 106.298.485 58,941,444 5,217,457 1,366,540 251,386 421,189 14,270,790 2,855,447 2,867,510 1,288,300 3,422,795 0 2,404,350 3,721,810 14.454,832 111,483,850 3,845,000 106,298,485 Departmental Functional Budgets Total Funds State Funds Departmental Administration Internal Administration Electronic Data Processing 6,986,179 11,260,392 26,743,346 $ 6,986,179 ! 11,110,392 ! 25,728,146 1236 JOURNAL OF THE HOUSE, Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total 16,294,072 8,027,629 18,562,372 7,959,879 4,705,324 3,910,990 43,700 4,481,118 2,508,849 111,483,850 16,154,072 7,727,629 17,262,372 7,959,879 3,164,959 3,810,990 43,700 3,841,318 2,508.849 106,298,485 Section 29. Secretary of State. A. Budget Unit: Secretary of State.....................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 28,690,910 17,914,428 3,491,536 244,500 87,050 119,190 2,621,110 2,462,246 939,859 1,425,856 485,000 29,790,775 28,690,910 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 3,867,144 4,868,551 4,518,188 4,371,524 1,159,699 437,541 10,446,875 121,253 29,790,775 ! 3,837,144 ! 4,793,551 ! 3,748,188 ! 4,351,524 ! 1,159,699 ! 382,676 ! 10,296,875 ! 121,263 ! 28,690,910 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....................................................................! 2,185.821 1,302,862 157,100 15,000 23,000 10,631 335,622 165,300 41,556 134,750 2,185,821 2,185,821 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,185,821 ! 2,225,821 Section 30. Soil and Water Conservation THURSDAY, MARCH 6, 1997 1237 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....................................................................! 2,122,473 1,150,400 209,454 43,268 25,322 10,970 12,045 91,563 20,773 797,015 297.000 2,657,810 2,122,473 Section 31. 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....................................................................! 32.732.855 425,609 15,000 16,000 0 2,500 13,822 45,600 12,000 25,000 0 3,292,641 25,452,487 2,216,321 64,000 321,875 100,000 730,000 0 32,732,855 32,732,855 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education Commission Total 32,177,324 555,531 32,732,855 ! 32,177,324 ! 555,531 ! 32,732,855 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................................................................! 161.118.161 75,213,784 21,277,807 14,498,583 37,325,387 567,000 235,600 10,000,000 2.000,000 161,118,161 161,118,161 1238 JOURNAL OF THE HOUSE, 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 .................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 4,130,000 4,895,407 423,900 20,500 0 16,150 877,791 475,958 146,000 371,000 3,750,000 380,000 11,356,706 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........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Salaries and Travel of Public Librarians ....................................$ Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library Maintenance and Operation...............................! Capital Outlay.................................................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Area School Program......................................................................! Adult Literacy Grants....................................................................! Regents Program.............................................................................! Quick Start Program......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 204,748,573 5,454,771 615,390 162,380 0 188,350 626,498 776,588 909,404 126,005 13,646,649 5,828,704 974,478 4,998,958 556,000 139,975,275 39,545,121 19,950,378 18,490,140 3,390,682 9,510,510 265,726,281 204,748,573 Departmental Functional Budgets Total Funds State Funds Administration Institutional Programs Total 5 8,859,386 5 256,866,895 5 265,726,281 ! 5,760,736 ! 198.987,837 $ 204,748,573 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.............................................. 91.965,507 1,000,000 46,311,349 38,859,158 5,295,000 THURSDAY, MARCH 6, 1997 1239 Assistive Technology Grants .........................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................! 500,000 91,965,507 91,965,507 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 ........................................................$ 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....................................................................! 542,478.959 253,505,942 56,920,469 1,970,840 2,000,000 6,677,626 3,929,287 1,337,073 2,743,320 41,559,264 780,007,661 1,024,100 1,267,500 9,933,053 700,000 350.000 1,163,926,135 542,478,959 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total $ 864,535,711 ! 241,935,601 ! 14,076,201 $ 24.776,579 ! 1,145,323,092 $ 265,475,477 $ 230,011,616 $ 13,516,201 $ 24.150.579 $ 533,153,873 General Funds Budget Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total 1,281,803 2,202,103 14,419,137 700.000 18,603,043 1,281,803 1,815,103 5,528,180 700,000 9,325,086 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service.................................! Personal Services.............................................................................! Regular Operating Expenses .........,...............................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Operating Expense/Payments to Medical College of Georgia.....................................................................................! Regular Operating Expenses for Projects and 20,268.189 5,095,669 147,282 80,629 0 114,855 10,881 248,700 62,200 14,179,413 7,595,980 1240 JOURNAL OF THE HOUSE, Insurance .................... Total Funds Budgeted.. State Funds Budgeted., 773.180 28,308,789 20,268,189 Departmental Functional Budgets Total Funds State Funds Veterans Assistance Veterans Nursing Home-Augusta Total 20,309,962 $ 7.998.827 28,308,789 14,713,516 5,554,673 20,268,189 Section 36. 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....................................................................? 10.702.701 8,666,608 372,074 76,840 0 17,252 247,479 1,079,835 207,613 225,000 0 10,892,701 10,702,701 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)...................................................? ? B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New)..............................................................? Motor Fuel Tax Funds (New)..............................................................? ? 539,713,451 35.000,000 574,713,451 46,752,340 0 46,752,340 Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations 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 THURSDAY, MARCH 6, 1997 1241 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 Automation 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 4, Department of Administra tive Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Section 40. 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. Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount Clayton County DeKalb County Appling County City of Ashburn Cobb County Athens/Clarke County Bibb County Haralson County 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 Recreational Equipment in Clayton County Operation of "Hot Zone Policing" Expenses Related to Capital Murder Trials Construction of Sports Facilities Preservation of the Hardy Pace House Operating Funds for the Safe Campus Now Program Roof Repairs at the Bibb County Community Action Agency Equip/Operate Haralson County Recreational Facilities Renovate and Equip the Jerico Road Project in Atlanta Land Purchase at Historical Ezekiel Harris House Renovate and Equip the Historic Courthouse Extension of Water Lines 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 $ 25,000 $ 10,000 $ 25,000 $ 25,000 $ 20,000 $ 40,000 $ 5,000 $ 15,000 $ 30,000 $ 50,000 $ 25,000 $ 12,500 $ 15,000 $ 50,000 $ 15,000 $ 50,000 $ 10,000 $ 25,000 $ 20,000 1242 City of Calhoun City of Camilla Worth County Candler County City of Centerville Charlton County 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 Board of Education 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 Sardis City of Grayson JOURNAL OF THE HOUSE, 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 Rescue Equipment and Paint Rescue Truck Replant Trees Between Bryanwood and Talahi Island on Route 80 Improvements and Equipment for Multi-purpose Building Clayton County Board of Education Prevention Plus Program Improvements to the Fire Station Lights and Handicapped Access for the Collins Hill High School Athletic Fields Purchase Equipment and 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 Wastewater Treatment Facility Design and Construct Franklin County/Hart County Airport Classrooms for Fulton County Board of of Education Operation of Center for Renewal of Democracy Improvements to Gymnasium and Stadium Renovations to Gymnasium Improvements to City of Sardis Equipment Furnishings for Community Senior Center $ 25,000 $ 35,000 $ 25,000 $ 10,000 $ 50,000 $ 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 $ 45,000 $ 5,000 $ 60,000 $ 25,000 $ 8,000 $ 7,500 $ 7,500 $ 25,000 Greene County Henry County Board 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 City of Lincolnton City of Lula City of Gainesville Lumpkin County City of Lyerly Macon County Madison County Meriwether County Meriwether County City of Monroe THURSDAY, MARCH 6, 1997 Purchase and Installation of chain link fence for Greene County Airport Construction of a Fine Arts Building Operation of the Museum of Aviation Athletic Field Fencing for Houston County High School Erection of Monument Renovation of Elementary School Restroom and Rose Bowl Field Administrative Cost and Legal Fees for Jeff Davis Hospital Authority Renovations to Jeff Davis County Extension Service and Annex and Law Enforcement Center Improvements to Jenkins County Development Authority Facilities and Improvements to Jenkins County High School Football Stadium Renovations to Heating System for Community Center Renovation/Restoration of the Beach Institute Building Purchase Equipment for City of LaGrange/Troup County Recreation Commission Improvements to Park and Recreation Facilities Plan/Construct Livestock Pavillion and Arena Renovations and Heating, Ventilation and Air Conditioning Addition for Facility Purchase of Patrol Car Correction to Flood Control Problem Renovations to Old City Hall Building Operation of a Gainesville Community Facility Construction of Animal Shelter Upgrade Water System Purchase Equipment for Macon County Local Emergency Planning Commission Provide for Infrastructure Study of Water and Sewer Systems Renovate Old Greenville Railroad Depot Creation of Recreation Department Renovations to Monroe Area Comprehensive High School 1243 $ 40,000 $ 12,500 $ 175,000 $ 10,000 $ 2,500 $ 40,000 $ 15,000 $ 15,000 $ 50,000 $ 4,250 $ 20,000 $ 10,000 $ 20,000 $ 12,500 $ 10,000 $ 18,000 $ 12,000 $ 20,000 $ 10,000 $ 10,000 $ 30,000 $ 10,500 $ 30,000 $ 10,000 $ 10,000 1244 Muscogee County Muscogee County Muscogee County City of Dalton Oconee Regional Library City of Odum City of Screven 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 Gwinnett County Board of Education City of Swainsboro Talbot County Board of Education Telfair County Telfair County Towns County JOURNAL OF THE HOUSE, 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 Purchase Fire Equipment To Repair Facilities Extension of Water Line to New Oglethorpe County Elementary School Planning and Restoration to Old Governor's Mansion For Operations of the Peach County Chamber of Commerce Provide External Security Lighting for Pebblebrook High School Operating Expenses for BRIDGE Program Perry-Houston County Airport Authority Terminal and Hangar 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 Sewer System Construction of Community Center Purchase 36-passenger Bus for Senior Connections Construct Athletic Stadium at Shiloh High School in Gwinnett County Repairs, Construction and Equipment for South Cobb High School Recreation Equipment for Suwanee and Lanier Middle Schools 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 $ 15,000 $ 20,000 $ 20,000 $ 10,000 $ 40,000 $ 25,000 $ 5,000 $ 5,000 $ 12,000 $ 75,000 $ 15,000 $ 30,000 $ 15,000 $ 50,000 $ 15,000 $ 10,000 $ 15,000 $ 75,000 $ 10,000 $ 20,000 $ 62,000 $ 25,000 $ 35,000 $ 30,000 $ 40,000 $ 45,000 $ 5,000 $ 18,000 Twiggs County Board of Education City of Tybee Island Valdosta City Schools 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 City of Pelham City of Atlanta City of Tallapoosa City of Bremen City of Cave Spring Fulton County Dade County Fulton County THURSDAY, MARCH 6, 1997 Drama Lights and Bleachers for Twiggs County High School Football Field Painting of the Historic Tybee Lighthouse Repairs to Valdosta City School System Facilities Improvements to Flossie Hayes Park and Trippe Gymnasium Equipment Purchases for Ware County School System Promotion Expenses for WaycrossWare 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 Construct and Equip Multipurpose recreation Complex Enhancements to Echols County Board of Education Campuses Construction and Renovation at Varner 4-H Center Purchase an Equipped Rescue Vehicle Improvements to Water and Sewer System Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University Equip/Operate Recreational Facilities Equip/Operate Recreational Facilities Improvements for Rolator Park Operation of Fulton County Drug Program Renovation to Middle School Gymnasium Landscaping along Fulton 1245 $ 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 $ 30,000 $ 35,000 $ 250,000 $ 15,000 $ 15,000 $ 40,000 $ 48,000 $ 20,000 1246 Twiggs County Board of Education Gwinnett County Hall County Richmond County Richmond County Cobb County City of Rockmart City of Aragon City of Cedartown Coweta County Treutlen County Hancock County City of Social Circle DeKalb County DeKalb County DeKalb County DeKalb County Screvens County Board of Education Jenkins County Board of Education City of Plains Peach County City of Montezuma Chatham County Chatham County Chatham County Mclntosh County Board of Education Long County City of Greenville Hart County JOURNAL OF THE HOUSE, Industrial Boulevard at Interstate 20 Lights and Bleachers for Twiggs County High School Football Field Roof Repairs at Creative Enterprises Operation of Temporary Welcome Center Lights for Richmond County Little League Field Operation of the Richmond County Boxing Club Expansion of the Marietta/Cobb YWCA Battered Women's Shelter Renovation of Rockmart Recreation Complex Equipment/Operations of Recreational Facilities Equipment/Operation of Recreational Facilities Construction of Youth Athletic Complex Construction of Recreation Field House Equipment for Volunteer Fire Department Renovation of Gunter Hall in Social Circle Repairs to Pine Lake Dike Operation of the Soapstone Arts Center Operate the South DeKalb Business Incubator Lighting for East Lake Neighbors For Technology Equipment at the Screvens County School System Recreational Equipment for the Jenkins County School System Fire Equipment for the City of Plains To Purchase Welcome Signs for Peach County Paving for Blanks Civic Complex Restoration and Renovation of Building for Con-Ed., Inc. Operation of Chatham County Rape Crisis Center Renovation/Construction of the Savannah Lucas Theatre Purchase Bleachers for Mclntosh County School System Purchase of Land for Long County Park Construction of Greenville Railroad Depot Operation of Hart County Parks $ 50,000 $ 50,000 $ 50,000 $ 5,000 $ 20,000 $ 10,000 $ 20,000 $ 50,000 $ 10,000 $ 15,000 $ 35,000 $ 35,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 25,000 $ 7,000 $ 10,000 $ 8,145 $ 50,000 $ 10,000 $ 10,000 $ 35,000 $ 35,000 $ 25,000 $ 50,000 $ 25,000 City of Cave Springs Lumpkin County Lumpkin County Board of Education Bleckley County City of Pelham City of Ellijay Fannin County City of Douglas Coffee County City of Atlanta Clayton County Pulaski County City of Riverdale City of Morrow City of Forest Park DeKalb County DeKalb County City of Americus City of Albany Quitman County DeKalb County Lowdnes County Board of Education City of Valdosta City of Sardis City of Keysville Glynn County Fannin County Irwin County Seminole County Board of Education DeKalb County City of Milledgeville THURSDAY, MARCH 6, 1997 Operation of Crossroads Program for Georgia School for the Deaf Construction Veterans Park and Monument Equipment Purchases for Lumpkin County High School Construction/Renovation of Courthouse For Lighting at the Pelham Livestock Complex Renovation/Construction for Vocational Transitions, Inc. Purchase Rescue Equipment To Construct Softball/Soccer Complex For Computer Programming at the Coffee County Health Department Litter Abatement Improvements to Rex Athletic Field Establish a Recreation Facility in Pulaski County Improvements to Riverdale Recreational Facilities Improvements to Morrow Recreational Facilities Park Improvements in Forest Park Operation of Violence Prevention Program Operation of the Winning Circle Program Operation of Cultural Arts Program Accessible Van for Slater King Adult Day Center Renovations for the Quitman County Courthouse Equipment for Initiative for Children and Families Vocational Equipment for Lowndes County High School To Construct Valdosta Historic Monument Equipment/Operations for City of Sardis Repairs to City Hall and City Van To Provide for Project SHARE For Operation of Georgia Mountain Health Services Construction of FFA Livestock Show Barn Construction of Greenhouse for Seminole High School Equipment/Operation of Fernbank Museum Historical Museum Restorations 1247 $ 50,000 $ 15,000 $ 15,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 $ 75,000 50,000 $ 15,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 30,000 $ 25,000 $ 15,000 $ 10,000 $ 20,000 15,000 $ 10,000 $ 20,000 $ 37,440 $ 25,000 $ 40,000 $ 75,000 $ 10,000 1248 DeKalb County City of Chamblee Augusta/Richmond County Chatham County Chatham County Bibb County Houston County Development Authority Newton County City of Vidalia City of Lyons Wheeler County Fulton County Board of Education City of Adel City of Nashville Cook County Putnam County Greene County City of Eatonton City of Cochran City of Duluth City of Duluth City of Eastman Augusta-Richmond County City of Kingston Ware County Board of Education Ware County Board of Education City of Waycross City of Port Wentworth Fulton County City of Hawkinsville Dooly County JOURNAL OF THE HOUSE, Operation of Juvenile Court Truancy Program Law Enforcement Radio Equipment Operation of Community-Based Organizations Development of Ralph Mark Gilbert Museum Operation of Savannah Tourism Network Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia Construction of Warner Robins Engineering Facility Purchase of Land for Economic and Site Preparation Renovations to Recreation Facilities Renovations to Recreation Facilities Renovations to Recreations Facilities Construction and Equipment for Outdoor Science Classroom at Dolvin Elementary Roof Repairs to City Hall Replacement Lights for Berrien County Courthouse Grounds Construction of EMS Building Purchase Bleachers for Putnam County Recreation Authority Fencing for Greene County Regional Airport Renovations and Repairs to Recreation Complex Heating and Air Conditioning System for City Auditorium Construction of Ball Fields Construction of Pavilion Improvements/Equipment for Eastman-Dodge Recreation Facilities Operation of the Augusta Area Genealogical Society Equip and Renovate Recreation Facility Equipment for Baseball Field and Tennis Courts Improvements to Athletic Grounds at Manor Magnet School Area Tourism Promotion in Waycross and Ware and Pierce Counties Relocation of Ball Park Renovations to Williams-Payne House Repairs to Library Purchase Land for $ 40,000 $ 7,500 $ 50,000 $ 20,000 $ 10,000 $ 2,000,000 $ 3,000,000 $ 7,100,000 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 15,000 $ 20,000 $ 35,000 $ 15,000 $ 15,000 $ 15,000 $ 29,000 $ 20,000 $ 20,000 $ 15,000 $ 35,000 $ 25,000 $ 30,000 $ 10,000 $ 7,000 $ 25,000 $ 15,000 $ 15,000 City of Valdosta Stewart County Quitman County City of Cuthbert City of Dawson Terrell County Columbia County Board of Education Columbia County Board of Commissioners City of Sycamore City of Warwick City of Leesburg Wilcox County Warren County Macon County Stephens County Stephens County Board of Education Jasper County Board of Education Jones County City of Grayson Screven County City of Sandersville Lincoln County Wilkes County Elbert County Board of Education Wayne County Long County Chatham County Baldwin County Baldwin County Baldwin County Truelten County Board of Education THURSDAY, MARCH 6, 1997 Government Complex Expansions to Food Bank Purchase Transport Bus for Stewart-Webster Rural Health Service Repairs to Old Courthouse Renovations to Library Expansion and Improvements to Airport Facilities Planning and Design for Renovation of Courthouse Renovations to Football Stadium at Lakeside High School Construction of Fields for the Martinez-Evans County Little League Improvements to Water System Purchase Vehicle for Police Department Repair and Replace Sidewalks Relocation of School Bus Shop Equipment for DFACS Facility Construction of a Parking and Reading Park at the Macon County Library Study Commission for a Consolidation Feasibility Study Provide Health Services for the Stephens County School System Renovations to Washington Park Elementary School Repairs to Fire Station and Fire Truck Operation of Outdoor Facilities at the Senior Citizens Center Equipment for Community Services and Senior Citizens Center Repairs to the National Guard Armory Equipment for the Historical Society Renovations to Wilkes County Airport Renovations and Equipment for Falling Creek Elementary Courthouse Repairs Courthouse Repairs Firing Range for the Criminal Justice Training Center at Armstrong Atlantic State University Operation of Council on Substance Abuse Operation of 2000 + Museum Downtown Developments Improvements to High School Athletic Complex 1249 $ 50,000 $ 40,000 $ 25,000 $ 20,000 $ 10,000 $ 25,000 $ 50,000 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 12,000 $ 50,000 $ 25,000 $ 50,000 $ 15,000 $ 25,000 $ 40,000 $ 25,000 $ 62,000 $ 41,000 $ 50,000 $ 15,000 $ 25,000 $ 5,000 $ 30,000 $ 20,000 $ 40,000 $ 20,000 $ 10,000 $ 10,000 $ 20,000 1250 City of Kite Emanuel County Chatham County City of Savannah City of Summerville Seminole County Board of Education Miller County Bibb County Bibb County City of Byron Crawford County Board of Education Doughtery County Gainesville Board of Education City of Doerun City of Sale City City of Funston Lanier County Board of Education Lowndes County City of Americus City of Chickamauga Walker County Catoosa County City of Fort Oglethorpe Morgan County City of Atlanta Thomas County City of Woodbury Richmond County Board of Education JOURNAL OF THE HOUSE, Improvements to Recreation Complex Construction of Alternative Farmers Market Center Renovations to Coastal Heritage Society/Historic Railroad Shops Construction of Alternate Emergency Access Route Repairs to Sewage System Construction of Pavilion and Bleachers at Seminole County High School Purchase Fire Truck Operation of Harriett Tubman Museum Operation/Renovation of the Macon Little League Construction of Water Tank and Improvements to Industrial Park for the Byron Development Authority Improvements to Football Fields and Gymnasium Roof Repairs to Patrol Post Renovations to Gainesville High School Baseball Field Improvements to Walking Track, Tennis Courts and Field Complex Renovations to Community Center Purchase Fire Truck Construct and Equip Football Facility Purchase Land for Moody Air Force Base Construction of Firefighters Training Site Renovations to the Recreation Department Walking Track and Softball Facilities Renovation of Walker, Catoosa, Chatooga and Dade Family Violence Center Battered Women's Shelter Construct and Renovate Athletic Fields for Rock Spring Athletic Association Renovations to Downtown Projects Operation of the Northeast Georgia Wellness Program Operation of Juvenile Delinquency Prevention Operation of Murphy-Harps-Vashti Chilren's Home Purchase Land for Industrial Park Improvements to Equipment Room and Field House at Westside High School $ 5,000 $ 25,000 $ 25,000 $ 25,000 $ 50,000 $ 10,000 $ 15,000 $ 50,000 $ 15,000 $ 50,000 $ 25,000 $ 46,000 $ 15,000 $ 12,500 $ 12,500 $ 20,000 $ 50,000 $ 75,000 $ 20,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000 $ 20,000 $ 50,000 $ 40,000 $ 50,000 $ 10,000 Bibb County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Talbot County Columbus/Muscogee County Columbus/Muscogee County City of Yorktown Fulton County City of Cave Spring Bibb County City of Midway Clayton County City of Forest Park City of Morrow City of Perry City of Warner Robins Fulton County Fulton County Gwinnett County Board of Education Clayton County Telfair County Board of Education City of Bowersville City of Hartwell City of Canon City of Thunderbolt THURSDAY, MARCH 6, 1997 Preservation of the Hay House Operation of the Springer Opera House Operation of Two Thousand Opportunities Inc. Operation and Renovation of Liberty Theater Operation of the After School Program Operate and Equip the Columbus Community Center Operation of Project STARS Operation of the Summer Tutorial Program for Combined Communities of S.E. Columbus Operation of the Play and Learn Together Program Construct a Youth and Recreational Facility Operations of Opportunities Industrialization Centers Renovations to Facilities For Detoxification Center Operations Restoration of Buildings and Grounds at Dorchester Center Operation of Calvary Refuge Transitional Shelter Improvements to Parks and Recreational Facilities Operation of DARE and Neighborhood Watch Hangar Improvements for Perry-Houston County Airport Construction of Warner Robins American Little League Playing Fields Operation/Equipment for the Cascade Youth Association Repairs and Renovations for the Southwest District YMCA Renovations to North Gwinnett Football and Softball Field Biking and Hiking Trail Improvements at Jester's Creel Trail Purchase Band Uniforms Purchase Equipment for City Water Project Renovation of Law Enforcement Services Building Renovation and Equipment for the Community Center Building and City Park Improvements to W.E. Honey Memorial Park 1251 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 15,000 $ 15,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 60,000 $ 15,000 $ 25,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 10,000 $ 30,000 $ 10,000 $ 25,000 1252 Chatham County Chatham County Rabun County Board of Education Towns County Burke County City of Girard City of Midville City of Keysville Jeff Davis County City of Scotland Jeff Davis Board of Education Wayne County City of Hazelhurst Appling County Oconee Regional Library City of East Dublin Bibb County Bibb County Board of Education Lamar County Bacon County City of Alma Brantley County Pierce County Charlton County Bacon County City of Carrollton City of Brunswick Mclntosh County City of Atlanta Columbus/Muscogee County Haralson County Polk County JOURNAL OF THE HOUSE, Operation of the Martin DePorres Society Design of Runaway Point Neighborhood Park Purchase Land for Rabun County School System Purchase Fire Truck and Equipment Implementation of Phase II of the CSRA Enterprise Communities and for Operation of an At-risk Middle School Renovations to Gym Area Implementation of Phase II of the CSRA Enterprise Community Plan Implementation of Phase II of the CSRA Enterprise Community Plan Fire Protection Assistance City Improvements Purchase Band Uniforms Expansion of Fire Station Historic Preservation Assistance Historic Preservation Assistance Renovations to Library Expansion to Water and Sewage System Improvements to the Museum of Arts and Sciences Implementation of the "Core Knowledge" Program in the Bibb County School System Construction of Livestock Facility Building Operation of the Alma/Bacon County Department of Inter-Governmental Relations Equipment and City Hall Renovations Equipment for the Brantley County Volunteer Fire Department Equipment for the Pierce County Volunteer Fire Department Equipment for the Charlton County Volunteer Fire Department Equipment for the Bacon County Volunteer Fire Department Expansion of the East Carroll Park Recreation Area Equipment for Dixville Playground Swimming Pool and Bathhouse for the Mclntosh County Recreation Department Operation of Recreation Program Operation of the Easter Seal Program Operating Expenses for Recreation Department Operating Expenses for Recreation 10,000 15,000 45,000 30,000 $ 10,000 $ 15,000 $ 10,000 $ 15,000 $ 25,000 $ 10,000 $ 5,000 $ 5,000 $ 25,000 $ 5,000 $ 35,000 $ 25,000 $ 30,000 20,000 75,000 $ 45,000 $ 10,000 10,000 4,000 2,000 4,000 $ 50,000 $ 20,000 $ 30,000 $ 50,000 $ 25,000 $ 45,000 Paulding County Berrien County Gwinnett County Board of Education Charlton County Board of Education Echols County Board of Education Charlton County Board of Commissioners Lanier County Board of Education City of Lakeland Hall County Brantley County Board of Commissioners City of Jesup City of Offerman Bibb County City of Macon Columbia County Board of Education Oglethorpe County Board of Education City of Lilburn Hall County City of Wrens Jefferson County Dade County Jefferson County City of Louisville City of Wrens Cobb County Rockdale County Henry County City of Euharlee City of Cartersville City of Cedartown City of Rockmart THURSDAY, MARCH 6, 1997 Department Operating Expenses for Recreation Department Addition to Agriculture Building for Livestock Show Improvements to Brookwood High School Athletic Facilities Lighting for Baseball Field Repairs for Echols County High School Gymnasium Paving for Health Clinic Purchase Metal Detector for Lanier County High School Purchase Toximeter for Police Department Watershed Assessment for Embayments of Lake Lanier Recreational Equipment for Community Center Repairs to Railroad Crossing Equipment for City Hall Equipment and Supplies for Animal Control Operations of Douglass Theater Fencing for Greenbriar High School Curbing and Gutters for Oglethorpe County Elementary School Restroom Facilities for City Park Planning for Regional Welcome Center Replace Roof at City Hall Roof Repairs at Historical Society and Museum Surveillance Equipment for Sheriffs Department Purchase Vehicle for the Sheriffs Department Purchase Vehicle for the Police Department Purchase Vehicle for the Police Department Renovate and Upgrade North Cobb Service Center Purchase Water Rescue/Diving Equipment for the Fire Department Purchase Cascade System for Fire Department Renovate and Equip Recreational Facilities Operation of Arts and Recreation Equipment for Senior Citizens Center Purchase Equipment for 1253 $ 15,000 $ 15,000 $ 5,000 $ 40,000 $ 16,951 $ 22,325 $ 4,460 $ 2,400 $ 5,500 $ 25,000 $ 15,000 $ 20,000 $ 10,000 $ 10,000 $ 15,000 $ 15,000 $ 10,000 $ 15,000 $ 20,000 $ 20,000 $ 15,000 $ 25,000 $ 15,000 $ 15,000 $ 15,000 $ 25,000 $ 30,000 $ 20,000 $ 20,000 $ 20,000 $ 10,000 1254 Liberty County Paulding County City of Pembroke Long County Taliaferro County City of Milledgeville City of Columbus City of Columbus City of Stone Mountain Bryan County Liberty County DeKalb County DeKalb County Jenkins County City of Collins City of Thunderbolt City of Glennville City of Brooklet City of Ideal City of Americus Peach County Liberty County Harris County Board of Education City of Williamson Pike County City of Greenville City of Warm Springs Elbert County City of Jefferson Floyd County Board of Education City of Rome School JOURNAL OF THE HOUSE, Community Center Operation of Dorchester Academy Equipment for Senior Citizens Center Construction of Recreational Facilities Purchase Vehicle for the Sheriffs Department Purchase Vehicle for the Sheriffs Department Operation of the Rape Crisis Center Operation of the Rediscovery Program Operation of Southwest Columbus Against Drugs Drainage Improvements Operation of Richmond Hill Recreation Park Operation of Midway Museum Art Station Operations Operate/Equip of Scottdale Community Youth Athletic Association Repairs for the Little League and High School Sports Fields Water Treatment Repairs Park Renovations Improvements to Recreational Areas Renovate and Equip Community Building Operations of the Fire Department Downtown Historic Preservation Operation of Massee Lane Gardens Environmental Camp Construction of Firearms Complex for the Sheriffs Department Construction of a Greenhouse Improvements to Facilities Improvements to Pike County Recreational Facilities Improvements to Cemetary Operation of Local Welcome Center Purchase Bookmobile for Elbert County Library Operation of Crawford Long Museum Purchase of Educational Technology Purchase of Educational $ 15,000 $ 25,000 $ 10,000 $ 20,000 $ 12,000 $ 12,000 $ 18,000 $ 25,000 $ 15,000 $ 30,000 $ 30,000 $ 10,000 $ 25,000 $ 20,000 $ 15,000 $ 20,000 $ 52,000 $ 15,000 $ 15,000 $ 30,000 $ 37,500 $ 15,000 $ 10,000 $ 50,000 $ 5,000 $ 20,000 $ 15,000 $ 10,000 $ 30,000 $ 25,000 $ 40,000 System Rabun County City of Decatur DeKalb County City of Chamblee City of Doraville City of Whigham Colquitt County City of Blakely Fannin County Fannin County Gilmer County Clayton County Clayton County Board of Education Clayton County Clayton County DeKalb County DeKalb County DeKalb County City of Fitzgerald Coffee County City of Jacksonville City of Lumber City City of Milan Cobb County City of Albany Murray County Board of Education Whitfield County DeKalb County THURSDAY, MARCH 6, 1997 Technology Operation of Fight Abuse in the Home Renovations at Glenlake Park Computer Equipment for Our House Storm Drainage Repair Purchase Surveillance Equipment Improvements to Recreational Facilities For Air Conditioning at Cotton Hall/Colquitt Miller Arts Council Purchase Building and Equipmentfor Recreation Complex Operation of Fannin County Georgia Mountain Health Services, Inc. Phase II of Fannin County Recreation Department Replace Roof at Gilmer County Civic Center Purchase Computer and Printer for the Rape Crisis Center Purchase Band Uniforms for North Clayton High School Additional Classroom for the Nature Center Building at Reynolds Nature Preserve Operation of the Clayton Youth Empowerment Project Operation of DeKalb County Community Outreach Operation of South DeKalb Business Incubator Operation of the Snapfinger YMCA After School Program Enhancements to Recreational Complex Construction of Fire Station for Green Acres Construct Fire Station Enhance Recreational Complex Purchase Equipment for Fire Department Feasibility Study for Rail Crossing in South Cobb County Health Educational Prevention Project Completion of Projects for the Murray County High School Agricenter Operation of the Northwest Georgia Child Abuse Program Operation of Sisters by Choice 1255 $ 40,000 $ 15,000 $ 50,000 $ 7,000 $ 7,000 $ 7,000 $ 20,000 $ 15,000 $ 20,000 $ 15,000 $ 25,000 $ 35,000 $ 5,000 $ 20,000 $ 30,000 $ 20,000 $ 15,000 $ 20,000 $ 25,000 $ 15,000 $ 10,000 $ 5,000 $ 5,000 $ 5,000 $ 30,000 $ 58,000 $ 10,000 $ 40,000 $ 10,000 1256 DeKalb County DeKalb County Cobb County City of Powder Springs Lowndes County Lowndes County Lowndes County City of Ochlocknee DeKalb County Board of Education City of Keysville City of Blackshear City of Augusta City of Bostwick Bleckley County Board of Education City of Warner Robins Houston County City of Warner Robins Montgomery County Chatham County Chatham County Randolph County Burke County Irwin County City of Homerville City of Dawsonville Polk County City of Blairsville DeKalb County Chattahoochee County Board of Education JOURNAL OF THE HOUSE, Purchase Uniforms and Equipment for Gresham Park Athletic Association Equipment for the Mark Trail Athletics Association Operation of the South Cobb County Senior Citizens Center Operation of the Powder Springs Senior Citizens Center Operation of the Lowndes County Hospital Wellness Center Purchase Books for the South Georgia Regional Library Operation of the Lowndes County Brother's Two Residential Center, Inc. Water System Improvements Improvements to Dunwoody High School Baseball Facilities For a Human Resources Facility Roof Repairs to Old Depot For Community-Based Programs Renovations at Susie Agnes Hotel Purchase Furniture for the Bleckley County Elementary School Construction of Warner Robins American Little League Fields Improvements to Athletic Fields Purchase Van for the Senior Citizens Center Sewer Line Improvements Repairs to Coastal Center for Developmental Services Operation of Ralph Mark Gilbert Civil Rights Museum Repairs to Randolph County Courthouse Operation of the Center for Integrated Rural Development Repairs to Irwin County Courthouse Annex Construct and Equip the Homerville-Pearidge Recreation Facility Automobile Racing Hall of Fame Facility Improvements to Polk County Airport Extension of Water and Sewage System Operation of the South DeKalb Business Incubator Purchase Computer Tables for the Chattahoochee Middle School $ 10,000 $ 7,000 $ 35,000 $ 35,000 $ 60,000 $ 5,000 $ 5,000 $ 5,000 $ 50,000 $ 50,000 $ 25,000 80,000 $ 10,000 $ 50,000 $ 10,000 $ 50,000 $ 25,000 $ 10,000 $ 10,000 $ 25,000 $ 5,000 $ 62,500 $ 25,000 $ 100,000 $ 30,000 $ 50,000 $ 300,000 $ 10,000 $ 58,000 THURSDAY, MARCH 6, 1997 1257 City of Eastman Improvements for the EastmanDodge Development Authority Art Facilities $ 16,000 Section 41. Provisions Relative to Section 11, State Board of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,837.30. 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 42. Provisions Relative to Section 12, Employees' Retirement System. There is included in this appropriations bill funding for H.B. 244, H.B. 590, H.B. 679, H.B. 743, H.B. 852, and H.B. 1046. Section 43. 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 standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 235 $ 155 2 356 235 3 424 280 4 500 330 5 573 378 6 621 410 7 672 444 8 713 470 9 751 496 10 804 530 11 860 568 Provided, 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 transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44. 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 appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. 1258 JOURNAL OF THE HOUSE, Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Care 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. Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $182.10 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 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 arrangement; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. Section 46. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. 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. It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems. Section 47. Provisions Relative to Section 27, Board of Regents, Univer sity System of Georgia. Provided, that of the appropriation for the Board of Regents, $750,000 is designated and committed for an eminent scholar for the Mercer University Engineering School. Section 48. Provisions Relative to Section 32, Teachers' Retirement System. There is included in this appropriations bill funding for H.B. 691, H.B. 977, H.B. 586, and H.B. 1025. Section 49. 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 institutions. Section 50. 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 Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. THURSDAY, MARCH 6, 1997 1259 c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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 separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) 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 obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 51. 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 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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 52. 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 service contracts, overtime payments, training and other expenses related to security operations 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 appropriate budget units for the purpose of making such payments. Section 53. 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. 1260 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 54. 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 55. 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 56. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 58. (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 appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. THURSDAY, MARCH 6, 1997 1261 (b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 59. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 60. 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 61. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows: From the appropriation designated "State General Funds (New)", $8,707,315 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $97,835,000 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)", $11,258,055 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $126,495,000 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)", $801,000 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,780,000 is specifically appropriated for the purpose of financing projects for the Georgia Environmental 1262 JOURNAL OF THE HOUSE, Facilities Authority for the purpose of financing loans to local government entities for water or sewer facilities 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)", $22,250 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $250,000 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)", $2,473,310 is specifically 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 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,790,000 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)", $169,100 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 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)", $26,700 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 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)", $133,055 is specifically appropriated for the purpose of financing facilities for the Soil and Water Conservation Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,495,000 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)", $11,125,000 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $284,800 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. THURSDAY, MARCH 6, 1997 1263 From the appropriation designated "State General Funds (New)", $1,263,800 is specifically 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 $14,200,000 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)", $178,445 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,005,000 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)", $57,405 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investi- gation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $645,000 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)", $292,365 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, 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 issuance of not more than $3,285,000 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)", $222,500 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 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)", $42,720 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 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $480,000 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)", $137,060 is specifi- cally appropriated for the purpose of financing facilities for the Department of Public Safety, 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 issu- ance of not more than $1,540,000 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 specifically 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 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. 1264 JOURNAL OF THE HOUSE, From the appropriation designated "State General Funds (New)", $178,000 is specifically 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 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)", $404,950 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $267,000 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 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)", $1,221,080 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,720,000 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)", $222,500 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 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)", $151,300 is specifically appropriated for the purpose of financing facilities for the Georgia Agricultural Exposition Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $436,100 is specifically 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 connection therewith, through the issuance of not more than $4,900,000 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)", $275,900 is specifically 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 connection therewith, through the issuance of not more than $3,100,000 in principal amount of THURSDAY, MARCH 6, 1997 1265 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)", $440,055 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,905,000 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)", $115,500 is specifically appropriated for the purpose of financing facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $65,835 is specifically appropriated for the purpose of financing facilities 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 $285,000 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)", $34,650 is specifically appropriated for the purpose of financing facilities 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 $150,000 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)", $370,755 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,605,000 in principal amount of General Obliga- tion Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $1,552,320 is specif- ically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $446,985 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 issuance of not more than $1,935,000 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)", $99,330 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, 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 issu- ance of not more than $430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. 1266 JOURNAL OF THE HOUSE, From the appropriation designated "State General Funds (New)", $356,000 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $44,500 is specifically 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 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $35,600 is specifically 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 connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $525,100 is specifi- cally appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 62. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 $ 11,793,346,344 Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64. 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 34. 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 E Barnard YBarnes Y Bates YBenefield Y Birdsong N Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carter Y Cash Y Channell Y Childere N Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland THURSDAY, MARCH 6, 1997 1267 Y Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones E Joyce NKaye NLadd Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi Mann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott On the motion, the ayes were 148, nays 22. The motion prevailed. YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest N Westmorland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr Representatives Mann of the 5th and Jones of the 71st 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. Rep. Pam Bohannon, 139 03/06/97 Re: HB 34 - Explanation of Vote 1997 Amended General Appropriations Act My vote of "No" reflects my opinion and agreement with the Balanced Budget of Georgia. The mid-term adjustment should reflect no new spending. Governor Miller recommended no new spending. He recommended that all excess funds be placed in the reserve, "rainy day" funds due to the expected down turn of the economy after the Olympics. $3,500,000. were cut from the county jail subsidy. Our county is closing its jail facility due to its expense. This adds an additional burden to taxpayers. In 1996, Paralympics received $2,000,000. from taxpayers. This 1997 appropriation provides an additional $500,000. which was not requested by the governor. More than $6,000,000. was added to the expenses in this mid-term adjustment that must be funded by the taxpayers. Drug abuse and crime were not adequately addressed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House: HB 479. 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, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax assessments; to lower the amount upon which the commissioner may require payment through electronic funds transfer. 1268 JOURNAL OF THE HOUSE, The following Resolution of the House was read: HR 436. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Lee of the 94th, Connell of the 115th 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, March 7, 1997, and shall reconvene on Tuesday, March 11, 1997. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Tuesday, March 11, may be as ordered by the Senate; and the hour for convening the House on Tuesday, March 11, may be as ordered by the House. BE IT FURTHER RESOLVED that after the General Assembly reconvenes on Tuesday, March 11, the provisions of HR 16 shall remain in effect. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfoot N Barnard YBarnes Y Bates Y Benefleld Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkbalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cumminga Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Dixon, S YDobbs Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones E Joyce YKaye YLadd YLakly NLane YLee Y Lewis YLord Y Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C On the adoption of the Resolution, the ayes were 161, nays 5. The Resolution was adopted. The following Resolutions of the House were read and adopted: Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre Y Snelling Snow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Walker, R.L Y West N Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr THURSDAY, MARCH 6, 1997 1269 HR 437. By Representative Purcell of the 147th: A resolution commending the Richmond Baptist Church. HR 438. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth: A resolution commending the Model Mock Trial Team. HR 439. By Representative Orrock of the 56th: A resolution recognizing and commending Katherine Turner Carter. HR 440. By Representatives Powell of the 23rd, Murphy of the 18th and Lee of the 94th: A resolution honoring William Clyde Norman, Jr. HR 441. By Representatives Royal of the 164th, Lee of the 94th, Hudson of the 156th, Benefield of the 96th, Stancil of the 16th and others: A resolution recognizing and commending Debbie Fernandes. HR 442. By Representatives Buckner of the 95th and Murphy of the 18th: A resolution commending Gary E. Peeples, Jr. HR 443. By Representatives McKinney of the 51st, Brooks of the 54th and Sims of the 167th: A resolution commending Hal Presley, Sr. and the Coffee County chapter of the NAACP. HR 444. By Representative Ashe of the 46th: A resolution commending Dean Marjorie L. Girth. HR 445. By Representatives Davis of the 48th, Baker of the 70th, McKinney of the 51st, Walker of the 141st, Lucas of the 124th and others: A resolution commending Lenny Wilkens. HR 446. By Representatives Davis of the 48th, Baker of the 70th, McKinney of the 51st, Walker of the 141st, Lucas of the 124th and others: A resolution commending Evander Holyfield, the undisputed Heavyweight Champion of the World. HR 447. By Representative Channell of the lllth: A resolution commending Joseph Young. HR 448. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution recognizing and commending Walter Simmons. HR 449. By Representatives Cooper of the 31st, Bradford of the 30th, Sauder of the 29th, Shipp of the 38th, Wiles of the 34th and others: A resolution recognizing and commending Peter Mitchell. 1270 JOURNAL OF THE HOUSE, HR 450. By Representative Pelote of the 149th: A resolution commending Leola Lewis Stevens on the occasion of her ninetieth birthday. HR 451. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Ms. Mary E. R. Flournoy. HR 452. By Representative Pelote of the 149th: A resolution congratulating the Bethlehem Missionary Baptist Church. HR 453. By Representatives Mosley of the 171st, Byrd of the 170th and Smith of the 169th: A resolution expressing concern for Malcolm R. Vass. HR 454. By Representatives Twiggs of the 8th, Murphy of the 18th, Porter of the 143rd and Coleman of the 142nd: A resolution commending Mary Beth Miles. HR 455. By Representatives Orrock of the 56th, Davis of the 48th, Buckner of the 95th, Williams of the 63rd, Trense of the 44th and others: A resolution recognizing the month of March, 1997, as "Georgia Women's History Month". HR 456. By Representatives Mobley of the 69th, Turnquest of the 73rd, Taylor of the 134th, Hugley of the 133rd, Teague of the 58th and others: A resolution commending Mamie M. Randolph. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time: HB 493. By Representative Shaw of the 176th: A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, 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 insurance fraud. The following amendment was read and adopted: Representative Bordeaux of the 151st moves to amend HB 493 as follows: On page 3, line 16 after word "act" insert "negligently,". The following amendment was read and withdrawn: Representative Richardson of the 26th moves to amend HB 493 as follows: Strike Section 2 of Page 3 entirely renumber other sections. THURSDAY, MARCH 6, 1997 1271 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 Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dinon, H Y Dixon, S YDobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin N Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas NRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre Y Snelling Y Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper N Thomas Y Tillman Y Titus Y Tolbert Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 154, nays 17. The Bill, having received the requisite constitutional majority, was passed, as amended. The Speaker Pro Tern assumed the Chair. HB 644. By Representatives Dixon of the 150th, Irvin of the 45th, Sherrill of the 62nd, Lewis of the 14th, Joyce of the 1st and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the official tartan 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 Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner Y Bunn Y BurkhaJter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers 1272 JOURNAL OF THE HOUSE, Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dixon, S YDobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow YStallings Y StancU, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTUlman Y Titus Y Tolbert Trense Tumquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yatea 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 490. By Representatives Royal of the 164th, Walker of the 141st and Reichert of the 126th: 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 provide for additional notice requirements. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 130. By Senator Johnson of the 1st: A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childere Y Clark YCoan Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Da , G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii Diion, H Y Dbton, S YDobbs Dukes Ehrhart YEpps Evans Y Everett Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom THURSDAY, MARCH 6, 1997 Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling 1273 YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 193. By Representative Johnson of the 84th: A bill to amend Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or malicious acts of a minor child or children, so as to provide for liability for the willful or malicious acts of a minor child or children resulting in personal injury to another person. The following Committee substitute was read and adopted: A BILL To amend Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or malicious acts of a minor child or children, so as to provide for liability for the willful or malicious acts of a minor child or children resulting in reasonable medical expenses to another person; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or malicious acts of a minor child or children, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Every parent or guardian having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $5,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in reasonable medical expenses to another, damage to the property of anothe^ or both reasonable medical expenses and damage to property." 1274 JOURNAL OF THE HOUSE, SECTION 2. This Act shall become effective on July 1, 1997, and shall apply to willful or malicious acts occurring on or after said 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 substitute, 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 Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Guilders Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper 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 NDobbs Y Dukes Ehrhart YEpps Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper N Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 163, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 383. By Representative Ashe of the 46th: A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for reasonable 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: THURSDAY, MARCH 6, 1997 1275 Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Conneli Y Cooper 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 Y Dukes Ehrbart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Parham Y Parrish Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanaban YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 470. By Representatives Dobbs of the 92nd and Porter of the 143rd: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to provide for a lien on real property on which the Environmental Protection Division of the Department of Natural Resources has performed remedial action. The following Committee substitute was read: 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," and Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide for a lien on real property on which the Environmental Protection Division of the Department of Natural Resources has performed certain corrective action; to provide for the perfection of such lien; to provide for priorities of liens; to provide for foreclosure; 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 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," is amended by inserting at the end of Code Section 12-8-96, relating to corrective action upon the release of hazardous waste and other substances, a new subsection (e) to read as follows: 1276 JOURNAL OF THE HOUSE, "(e) Whenever the director utilizes funds from the hazardous waste trust fund, such expenditure shall constitute a debt to the state. Any such debt, together with interest accruing at a rate of 12 percent per annum, shall constitute a lien on the real property for which such funds are being expended or have been expended. In order to perfect the lien created by this article, the director shall file a claim of lien with the clerk of the superior court in the county in which the real property is located. Such claim of lien shall, at a minimum, accurately describe the property on which the lien is imposed and shall state the type of corrective action, the authority pursuant to which the corrective action is being performed, the date the corrective action began, the cost to date of the claim, and the estimated total cost. Such claim of lien may be updated from time to time. The director shall mail a copy of the claim of lien to the owner of the real property and to all other persons the director believes to be liable for the cost of the corrective action. The clerk of the superior court shall index the claim of lien in the land records of the court. The filing of the claim of liens shall be notice to all persons of the state's lien against the real property. The lien provided by this Code section shall be superior to all other liens except liens for taxes and other prior perfected recorded liens or claims of record. The lien created by this Code section may be foreclosed as provided in Code Section 44-14-530. All funds obtained from the foreclosure or settlement of any lien filed under this Code section shall be deposited into the hazardous waste trust fund subject to the provisions of Code Section 45-12-92. No transferral of title, sale, or execution of lien, whether judicial or nonjudicial, shall divest the lien provided by this Code section." SECTION 2. Said part is further amended by striking the word "and" at the end of paragraph (4) of subsection (a) of Code Section 12-8-94, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, by striking the symbol "." at the end of paragraph (5) of such subsection and inserting in lieu thereof the symbol and word "; and", and by inserting at the end of such subsection the following: "(6) The director shall have the authority to perfect, foreclose, negotiate, settle, release or cancel any lien filed under subsection (e) of Code Section 12-8-96, where such action is in the best interest of the state." SECTION 3. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by striking the word "and" at the end of paragraph (14) of Code Section 44-14-320, relating to the creation of certain liens, by striking the symbol "." at the end of paragraph (15) of such Code section and inserting at the end thereof the symbol and word "; and", and by inserting at the end thereof the following: "(16) Liens in favor of the state for expenditures from the hazardous waste trust fund pursuant to subsection (e) of Code Section 12-8-96. Such liens shall be superior to all other liens except liens for taxes and other prior perfected recorded liens or claims of record." SECTION 4. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 5. Ail laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Franklin of the 39th, Dobbs of the 92nd and Hanner of the 159th move to amend the Committee substitute to HB 470 by striking in its entirety line 18 of page 2 and inserting in lieu thereof the following: THURSDAY, MARCH 6, 1997 1277 "lien provided by this Code section. However, the lien provided for in this subsection shall not be available where the present owner of the real property otherwise subject to such lien did not cause or contribute to a release which resulted in the expenditure of hazardous waste trust funds upon the property, unless that owner knew or in the exercise of reasonable diligence should have known that the release was occurring during his or her period of ownership or that the release had occurred prior to his or her acquisition of ownership.'" The following amendment was read: Representatives Channell of the lllth and Twiggs of the 8th move to amend the Committee substitute to HB 470 as follows: Page 2 line 14 - strike hazardous waste Line 15 - strike entire line Line 16 - strike 45-12-92 Insert - General Fund of 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 N Barfoot N Barnard NBarnes Y Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown NBuck N Buckner N Bunn Y Burkhalter YByrd N Campbell Canty N Carter NCash Y Channell N Childera N Clark NCoan N Coleman, B Y Coleman, T Connell N Cooper Y Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G NDix Y Dixon, H N Dixon, S NDobbs N Dukes Ehrhart NEpps N Evans N Everett N Felton N Floyd N Franklin N Golden Y Graves Y Greene N Grindley Y Hammontree N Manner Y Harbin N Heard NHecht NHeckstaU N Hegstrom N Henson Y Holland N Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley N Irvin Y Jackson Y James Y Jamieson Jenkins N Johnson Y Johnston N Jones E Joyce NKaye NLadd Lakly NLane NLee Y Lewis YLord N Lucas N Maddox YMann Manning N Martin, J N Martin, J.L NMassey N McBee YMcCall McClinton N McKinney N Mills N Mobley Y Mosley N Mueller N O'Neal N Orrock NParham Y Parrish Y Parsons Y Pelote N Perry Y Pinholster NPoag N Polak Y Ponder Porter Y Powell Y Purcell NRagas NRandall NRay N Reaves N Reichert NRice Y Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid N Scott N Shanahan Shaw N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 51, nays 114. The amendment was lost. The Committee substitute, as amended, was adopted. N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V Smyre N Snelling NSnow N Stallings N Stancil, F Y Stancil, S Stanley, L Y Stanley, P N Taylor Teague N Teper N Thomas NTfflman N Titus Y Tolbert N Trense N Turnquest Y Twiggs N Walker, L N Walker, R.L NWest N Westmoreland N Whitaker N Wiles N Williams, B Y Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr 1278 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childere N Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes Ehrbart YEpps Y Evans Y Everett Felton NFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson N Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Thomas YTillman Y Titus N Tolbert Y Trense Y Tumquest NTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority, the following resolution of the House: HR 436. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Lee of the 94th, Connell of the 115th and others: A resolution relative to adjournment. The Speaker assumed the Chair. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: THURSDAY, MARCH 6, 1997 1279 HB 214. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Poag of the 6th, Heckstall of the 55th and others: A bill to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, so as to provide that the State School Superintendent shall prepare for the use of the public schools of this state a program of instruction in the correct use and display of the flag of the United States of America. The following Senate substitute was read: A BILL To amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, so as to provide that the State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Education, in the correct use and display of the flag of the United States of America; to provide for minimum requirements of instruction including certain provisions of federal law; to provide for regulations and instructions as may best meet the varied requirements of the different grades in such public schools; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c){l^ Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school. (2) The State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Education, in the correct use and display of the flag of the United States of America which shall include, as a minimum, specific instruction regarding respect for such flag and its display and use as provided by federal law and regulation, and under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. However, such instruction shall include, as a minimum, the provisions of 36 U.S.C. Sections 170 through 177." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Birdsong of the 123rd moved that the House agree to the Senate substitute to HB 214. On the motion, the roll call was ordered and the vote was as follows: Y Alien YAnderson Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell 1280 JOURNAL OF THE HOUSE, Canty Y Carter YCash YChannell Y ChUdera Y Clark YCoan Y Coleman, B Y Coleman, T Y ConneU Y Cooper Y Crawford Y Crews Y Culbreth Y Cumniing8 Y Davia, G Y Davia, M YDay Y DeLoach, B DeLoach, G Dii Y Diion, H Y Diion, S YDobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce YKaye YLadd Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y MueUer Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder On the motion, the ayes were 166, nays 0. The motion prevailed. Y Porter Y Powell Y Purcell YRagas Y Randall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTfflman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr HB 178. By Representatives Dobbs of the 92nd and Twiggs of the 8th: A bill to amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section; to provide for the payment of replacement costs and interest. The following Senate substitute was read: A BILL To amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section; to provide for the payment of replacement costs and interest; to provide for the collection and payment of moneys; to provide for requirements for the termination of probation; to provide for the establishment of replacement costs; to provide for the reimbursement of certain expenses; 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 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, is amended by striking paragraph (1) of subsection (c) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows: "(c)(l) As used in this subsection, the term 'personal property' means personal property having a replacement cost value greater than $100.00, including excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture." THURSDAY, MARCH 6, 1997 1281 SECTION 2. Said Code section is further amended by adding at the end of subsection (c) new paragraphs (3), (4), and (5) to read as follows: "(3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the lessor or renter to pay replacement costs, replacement costs shall include but not be limited to: (A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of: (i) The value on the date when the conversion occurred; or (ii) The value on the date of the trial; (B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and (C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judgment is satisfied in full. (4) If as a part of the order of the court the lessor or renter is placed on probation, supervision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof. (5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agreement, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses." SECTION 3. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Dobbs of the 92nd moved that the House agree to the Senate substitute to HB 178. 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 Barnard Y Barnes Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carter Y Cash YChannell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Diion, S Y Dobbs Y Dukes Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce Y Kaye Y Ladd Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddoi Y Mann 1282 JOURNAL OF THE HOUSE, Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee Y McCaU YMcClinton YMcKinney Y Mills Mobley YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell YPurcell Y Ragas Randall Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L On the motion, the ayes were 163, nays 0. The motion prevailed. Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tniman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr Representative Cummings of the 27th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 119. By Representatives Buck of the 135th, Murphy of the 18th, Walker of the 141st, Dixon of the 168th, Hanner of the 159th and others: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state; to provide for a penalty; to provide for an exception; 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 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, is amended by adding at the end thereof two new Code sections to read as follows: "3-3-31. The General Assembly finds, determines, and declares that the direct shipment of alcoholic beverages by persons in the business of selling alcoholic beverages in other states or countries to residents of this state in violation of this title poses a serious threat to the public health, safety, revenue, and the economy of Georgia. The General Assembly further finds, determines, and declares that the present penalties for illegal direct shipments of alcoholic beverages to residents of this state are inadequate to ensure compliance with the provisions of this title and that the measures provided for in Code Section 3-3-32 are fully consistent with the powers conferred upon the state of Georgia by the Twenty-first Amendment to the Constitution of the United States. THURSDAY, MARCH 6, 1997 1283 3-3-32. (a) Any person in the business of selling alcoholic beverages in another state or country who knowingly and intentionally ships or causes to be shipped any alcoholic beverages directly to any resident of this state who does not hold a valid manufacturer's, importer's, broker's, or wholesaler's license issued by the state of Georgia is in violation of this chapter. (b) Any person found by the commissioner to be in violation of subsection (a) of this Code section shall be issued a cease and desist order by certified mail. Any person who, after receiving a cease and desist order, is found by the commissioner to be in violation of subsection (a) of this Code section for a second or subsequent occurrence, within a two-year period of the first violation, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00. This subsection shall not apply to any person who has registered brands for sale with the commissioner pursuant to Code Section 3-4-152, 3-5-31 or 3-6-22 and who shall have current licenses and posted adequate surety bonds as required by this title; provided, however, violations of the provisions of subsection (a) of this Code section shall constitute grounds for the commissioner to take appropriate administrative action against such person, including suspension or cancellation of license and forfeiture of bonds. (c) This Code section shall not apply to the direct shipment of sacramental alcoholic beverages to bona fide religious organizations as authorized by the commissioner." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Buck of the 135th moved that the House agree to the Senate substitute to HB 119. 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 Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks N Brown YBuck Y Buckner Y Bunn N Burkhalter YByrd N Campbell Canty Y Carter YCash Y Channell Y Childere Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell N Cooper Y Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Day Y DeLoach, B Y DeLoach, G Dii Y Duton, H Y Dbton, S Dobbs Y Dukes Ehrhart YEpps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley Y Hammontree Hanner Y Harbin Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce NKaye NLadd Lakly YLane YLee Y Lewis YLord Lucas Y Maddox Mann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney N Mills Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y StaUings Y Stancil, F N Stancil, S Stanley, L Y Stanley, P Y Taylor YTeague Teper Y Thomas YTUlman Y Titus Y Tolbert 1284 JOURNAL OF THE HOUSE, Trense YTurnquest Twiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker N Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the motion, the ayes were 133, nays 23. 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. FRIDAY, MARCH 7, 1997 1285 Representative Hall, Atlanta, Georgia Friday, March 7, 1997 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Ashe Bailey Bannister Baifoot Barnard Barnes Bates Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Bunn Cash Channel! Clark Coan Coleman, B Cooper Crews Culbreth Davis, G DeLoach, G Dix Dixon, H Dobbs Epps Evans Everett Franklin Graves Hammontree Harbin Heard Hecht Hegstrom Henson Holland Howard Hudgens Hudson, H Hugley Jackson James Jamieson Johnson Johnston Joyce Kaye Ladd Lakly Lane Lewis Lord Mann Manning Massey McClinton McKinney Mills Mobley Mosley O'Neal Orrock Parsons Pelote Perry Pinholster Poag Polak Ponder Powell Purcell Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sims Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling S tailings Stancil, F Stanley, P Taylor Teague Teper Thomas TiUman Titus Tolbert Trense Tumquest Twiggs Walker, R.L West Whitaker Wiles Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Maddox of the 72nd, Williams of the 63rd, DeLoach of the 172nd, Stancil of the 16th, Sherrill of the 62nd, Benefield of the 96th, Grindley of the 35th, Birdsong of the 123rd, Martin of the 145th, Anderson of the 116th, Alien of the 117th, Hudson of the 156th, Lee of the 94th, Byrd of the 170th, Walker of the 141st, Parham of the 122nd, Skipper of the 137th, Buck of the 135th, Ehrhart of the 36th, Westmoreland of the 104th, Davis of the 60th, Dixon of the 150th, Connell of the 115th, Porter of the 143rd, Heckstall of the 55th, Parrish of the 144th, McCall of the 90th, Holmes of the 53rd, Sinkfield of the 57th, Coleman of the 142nd, Carter of the 166th, Buckner of the 95th, Smyre of the 136th, Ragas of the 64th, Canty of the 52nd, Crawford of the 129th, Jones of the 71st, Banner of the 159th and Snow of the 2nd. They wish to be recorded as present. Representative Day of the 153rd was excused on this day. Prayer was offered by the Reverend Dr. Winfred M. Hope, Pastor, Ebenezer Baptist Church, West-Athens, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 1286 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 introduced, read the first time and referred to the committees: HB 926. By Representatives Martin of the 47th and Murphy of the 18th: A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain by pipeline companies, so as to require pipeline companies to give prior notice of tree cutting on property in which they have required easements by condemnation. Referred to the Committee on Judiciary. HB 927. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacooch.ee, so as to change the provisions relating to the powers of the mayor and board of aldermen. Referred to the Committee on State Planning & Community Affairs - Local. HB 928. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the provisions relating to the elections of the mayor and aldermen. Referred to the Committee on State Planning & Community Affairs - Local. HB 929. By Representative Martin of the 145th: A bill to provide a new charter for the City of Metter. Referred to the Committee on State Planning & Community Affairs - Local. HB 930. By Representative Ashe of the 46th: A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to the recordation with the clerk of the superior court of maps and plats, so as to require that certain information relating to land in the Chattahoochee River stream corridor be shown on maps and plats. Referred to the Committee on Judiciary. FRIDAY, MARCH 7, 1997 1287 HB 931. By Representatives Banner of the 159th, Greene of the 158th and Ponder of the 160th: A bill to provide supplements to the salaries of the judges of the superior courts of the Pataula Judicial Circuit. Referred to the Committee on State Planning & Community Affairs - Local. HB 932. By Representatives Randall of the 127th, Walker of the 141st and Irvin of the 45th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, so as to provide that the Composite State Board of Medical Examiners shall function as a separate state agency and shall be a separate budget unit of state government. Referred to the Committee on Health & Ecology. HB 934. By Representatives Rogers of the 20th, Parham of the 122nd, Channell of the lllth, Parrish of the 144th, Coleman of the 142nd and others: A bill to amend Code Section 50-27-17 of the Official Code of Georgia Annotated, relating to a state-wide network of lottery retailers, so as to change the amount of compensation which the Georgia Lottery Corporation is authorized to provide lottery retailers. Referred to the Committee on Industry. HB 935. By Representative Tillman of the 173rd: A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway. Referred to the Committee on State Planning & Community Affairs - Local. HB 936. By Representative Cummings of the 27th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that any person who first becomes an employee at age 60 or later may elect not to become a member of such retirement system. Referred to the Committee on Retirement. HB 937. By Representatives Floyd of the 138th and Walker of the 141st: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by superior court judges, district attorneys, and related matters, so as to provide that employees of district attorneys shall be members of such retirement system. Referred to the Committee on Retirement. 1288 JOURNAL OF THE HOUSE, HB 938. By Representatives Floyd of the 138th and James of the 140th: A bill to provide a homestead exemption from certain Dooly County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over. Referred to the Committee on Ways & Means. HB 939. By Representative Lucas of the 124th: A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that certain scholarships or grants provided from such proceeds shall be equally available to persons completing their secondary education in a Department of Children and Youth Services school. Referred to the Committee on Education. HB 940. By Representatives Franklin of the 39th, Anderson of the 116th, West of the 101st, Kaye of the 37th, Joyce of the 1st and others: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that the state and all state agencies and political subdivisions shall be prohibited from entering into any business transaction with certain financial institutions. Referred to the Committee on Banks & Banking. HR 434. By Representative Scheid of the 17th: A resolution designating the Woodstock Centennial Parkway. Referred to the Committee on Transportation. HR 435. By Representatives DeLoach of the 172nd, Carter of the 166th, Murphy of the 18th, Tillman of the 173rd, Barnard of the 154th and others: A resolution creating the House Shrimp Fishery Study Committee. Referred to the Committee on Rules. HR 457. By Representatives Smith of the 169th, Byrd of the 170th, Coleman of the 142nd, Mosley of the 171st, Lewis of the 14th and others: A resolution directing the Department of Human Resources to expend certain appropriated funds for certain purposes. Referred to the Committee on Appropriations. 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 committees: HB 945. By Representative Smith of the 19th: A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the requirement for a certificate of need, so as to add an additional class of facilities which shall be exempt from the certificate of need requirement. Referred to the Committee on Health & Ecology. FRIDAY, MARCH 7, 1997 1289 HB 946. By Representatives Smith of the 19th, Irvin of the 45th, Mann of the 5th, Smith of the 175th, Barnes of the 33rd and others: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to require certain state officers and employees to present proof of having registered with the Selective Service System or of being exempt from such registration; to provide for ineligibility for office and employment by the state and for employment termination. Referred to the Committee on Governmental Affairs. HB 947. By Representatives Williams of the 83rd, Lane of the 146th and Porter of the 143rd: 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 a disability benefit for a teacher permanently disabled by an act of violence in the line of duty. Referred to the Committee on Retirement. HB 949. By Representatives McKinney of the 51st, Holmes of the 53rd, Davis of the 48th and Sinkfield of the 57th: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal courts, so as to authorize any municipal court within a municipality of this state having a population of 135,000 or more according to the United States decennial census of 1990 or any future such census jurisdiction to try and dispose of certain cases in which persons are charged with solicitation of sodomy of a person 17 years of age or older, prostitution, and criminal trespass. Referred to the Committee on State Planning & Community Affairs. HB 950. By Representatives Henson of the 65th, Ragas of the 64th, Teper of the 61st, Hegstrom of the 66th, Sherrill of the 62nd and others: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to change certain provisions regarding the association fund; to create the association capital improvement fund and provide for expenditure of revenues of such fund. Referred to the Committee on State Institutions & Property. HR 462. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th, Lane of the 146th, Ray of the 128th and others: A resolution creating the Joint Study Committee on Agricultural Research, Extension, and Teaching Programs. 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 893 HB 894 HB 895 HB 896 1290 JOURNAL OF THE HOUSE, HB 897 HB 898 HB 899 HB 900 HB 901 HB 902 HB 903 HB 904 HB 905 HB 906 HB 907 HB 908 HB 909 HB 910 HB 911 HB 913 HB 914 HB 915 HB 916 HB 917 HB 918 HB 919 HB 920 HB 921 HB 922 HB 923 HB 924 HB 925 HB 933 HR 424 HR 425 SB 83 SB 145 SB 269 SB 270 SB 276 SB 327 SB 339 Representative Hudson of the 156th 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 recommendations: HB 505 Do Pass, by Substitute HB 843 Do Pass, by Substitute Respectfully submitted, M Hudson of the 156th Chairman Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report: Mr. Speaker: Your Committee on Regulated Beverages has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 500 Do Pass, by Substitute HB 834 Do Pass SB 289 Do Pass, by Substitute Respectfully submitted, /s/ Dixon of the 168th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: FRIDAY, MARCH 7, 1997 1291 Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 249 Do Pass, by Substitute Respectfully submitted, 1*1 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 877 Do Pass HB 878 Do Pass HB 879 Do Pass HB 882 Do Pass HB 883 Do Pass HB 892 Do Pass HB 912 Do Pass Respectfully submitted, 1*1 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 following recommendations: HB 133 Do Pass, by Substitute HB 674 Do Pass, by Substitute HB 781 Do Pass, by Substitute Respectfully submitted, M Buck of the 135th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 7, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below: HB 104 Special license plates; square and round dancers HB 307 Financial inst; garnishment; additional requirements HB 326 Law enf agency; investigate; missing Alzheimer's patient HB 695 Motorcycles; operator safety training prog; transfer cert powers 1292 JOURNAL OF THE HOUSE, HB 712 Deceptive trade practices; judgments; amend provisions HR 268 Alien B. Fulford 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 were taken up for consideration and read the third time: HB 877. By Representatives Martin of the 145th and Lane of the 146th: A bill to amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, so as to change the compensation of the tax commissioner. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 93, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 878. By Representative Birdsong of the 123rd: A bill to amend an Act incorporating the Town of Mclntyre, so as to extend the corporate limits of the Town of Mclntyre. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 93, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 879. By Representative Tillman of the 173rd: A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mclntosh 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 2. The Bill, having received the requisite constitutional majority, was passed. HB 882. By Representative Walker of the 87th: A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change provisions relating to the city administrator. FRIDAY, MARCH 7, 1997 1293 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 93, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 883. By Representative Brown of the 130th: A bill to amend an Act providing for a new charter for the City of Grantville, so as to provide for four-year terms of office for the mayor and councilmembers. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 93, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 892. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd: A bill to repeal an Act changing the manner of selecting the chief magistrate and other magistrates of Liberty County and providing for terms of office and vacancies in office of such officers; to ratify the judicial actions of each person who has served as chief magistrate or 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 2. The Bill, having received the requisite constitutional majority, was passed. HB 912. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act creating the Albany High School Stadium Authority, so as to make the existence of the authority perpetual; to remove a conflicting provision prohibiting the authority from accepting federal money. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 93, nays 2. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 338. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the members of the board of commissioners; to repeal provisions relating to the compensation of the members of the board of commissioners. 1294 JOURNAL OF THE HOUSE, SB 342. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor-general. HB 430. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court. HB 748. By Representatives Bohannon of the 139th and Walker of the 141st: A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the provisions relating to run-off elections. HB 764. By Representative Barfoot of the 155th: A bill to amend an Act creating the Board of Commissioners of Toombs County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners. HB 768. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change fees and costs and the provisions relating thereto. HB 769. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge of said court. HB 770. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of the court. HB 771. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County. HB 772. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of the court. HB 775. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th and others: A bill to amend an Act to create a board of elections and registration in Cobb County, so as to provide that a member of the board may serve for two full four-year terms, excluding time served under an interim appointment. FRIDAY, MARCH 7, 1997 1295 HB 778. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others: A bill to amend an Act creating the Georgia International and Maritime Trade Center Authority, so as to provide for an additional member of such authority. SB 244. By Senators Cagle of the 49th, Ralston of the olst, Oliver of the 42nd and Crotts of the 17th: A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to criminal records checks for day-care centers, so as to prohibit the Department of Human Resources and county departments of family and children services from making certain child placements and provide for discharge from employment for violation of the prohibition. HB 83. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law. HB 138. By Representatives McBee of the 88th and Childers of the 13th: A bill to amend Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to provide for continuing education requirements for respiratory care professionals. HB 151. By Representatives Buck of the 135th, Skipper of the 137th, Jamieson of the 22nd and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for certain business enterprises in certain less developed areas and for certain manufacturing facilities or support facilities in tier 1 counties. HB 212. By Representatives DeLoach of the 172nd, Tillman of the 173rd, Barnard of the 154th and Smith of the 175th: A bill to amend Part 2 of Article 4 of Chapter 4 of Title 27 ->f the Official Code of Georgia Annotated, relating to crabs, so as to provide that only certain persons shall be issued a crabbing license before July 1, 1998; to provide that it shall be unlawful for a person to employ more than 300 crab traps. HB 334. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to limit public inspection of certain records maintained by certain public retirement systems; to provide that certain such records shall not be subject to public disclosure. 1296 JOURNAL OF THE HOUSE, HB 388. By Representatives Channell of the lllth, Royal of the 164th and Skipper of the 137th: 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 provisions regarding the amount payable for redemption. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 167. By Senator Tysinger of the 41st: A resolution authorizing the leasing of certain state owned real property located in DeKalb County, Georgia. HR 105. By Representative Floyd of the 138th: A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs. The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House: HB 425. By Representatives Snelling of the 99th and Worthan of the 98th: 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax. HB 426. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term "livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer. The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House: HB 97. 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 change certain provisions relating to fees and charges generally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to qualifications for license applicants. HB 205. By Representatives Powell of the 23rd, Parham of the 122nd, Walker of the 141st and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to provide that license plates and revalidation decals shall be issued to vehicle owners instead of assigned to vehicles. FRIDAY, MARCH 7, 1997 1297 By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 244. By Senators Cagle of the 49th, Ralston of the 51st, Oliver of the 42nd and others: A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to criminal records checks for day-care centers, so as to prohibit the Department of Human Resources and county departments of family and children services from making certain child placements and provide for discharge from employment for violation of the prohibition. Referred to the Committee on Children and Youth. SB 338. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the members of the board of commissioners; to repeal provisions relating to the compensation of the members of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. SB 342. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor-general. Referred to the Committee on State Planning & Community Affairs - Local. SR 167. By Senator Tysinger of the 41st: A resolution authorizing the leasing of certain state owned real property located in DeKalb County, Georgia. Referred to the Committee on State Institutions & Property. The following Resolutions of the House were read and adopted: HR 458. By Representatives Taylor of the 134th, Hugley of the 133rd, Smyre of the 136th, Culbreth of the 132nd and Buck of the 135th: A resolution expressing regret at the loss of Officer Eddie Davis. HR 459. By Representatives Taylor of the 134th, Hugley of the 133rd, Smyre of the 136th, Culbreth of the 132nd and Buck of the 135th: A resolution expressing regret at the loss of Sergeant Tommy Goggins. HR 460. By Representatives Taylor of the 134th, Hugley of the 133rd, Smyre of the 136th, Culbreth of the 132nd and Buck of the 135th: A resolution expressing regret at the loss of Officer Carlton Cherry. HR 461. By Representatives Taylor of the 134th, Hugley of the 133rd, Smyre of the 136th, Culbreth of the 132nd and Buck of the 135th: A resolution expressing regret at the loss of Officer Wayne Griglen. 1298 JOURNAL OF THE HOUSE, HR 463. By Representatives Lee of the 94th, Benefield of the 96th, Bailey of the 93rd and Hecht of the 97th: A resolution commending Harry S. Downs. HR 468. By Representatives Smith of the 175th, Smith of the 169th and Dixon of the 168th: A resolution commending Deputy Fred Sutton. HR 469. By Representatives Smith of the 175th, Smith of the 169th and Dixon of the 168th: A resolution commending the Camden County Sheriffs Department. Representative Crews of the 78th arose to a point of personal privilege and addressed the House. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HR 268. By Representatives Floyd of the 138th and James of the 140th: A resolution designating the Alien B. Fulford Bridge. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner Y Bunn Y Burkhalter YByrd Campbell Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDii Y DUon, H Y Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Y Jamieaon Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Martin, J.L YMassey Y McBee McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Purcell Ragas YRandall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas Tillman Titus Y Tolbert Trense Turnquest YTwiggs FRIDAY, MARCH 7, 1997 Y Walker, L Y Walker, R.L Y West Y Westmoreland YWhitaker Y Wiles Y Williams, B Williams, J Y Williams, R 1299 Y Worthan YYates Murphy, Spkr On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 695. By Representatives Twiggs of the 8th, Dobbs of the 92nd and Sherrill of the 62nd: A bill to amend Chapter 15 of Title 40 of the Official Code of Georgia Annotated, relating to the motorcycle operator safety training program, so as to provide that the commissioner of public safety shall have authority over the administration of the motorcycle operator safety training program. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Alien Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y 0viTTImingH Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Diion, S Y Dobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Floyd Y Franklin E Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Martin, J.L YMassey YMcBee McCall Y McClinton McKinney Y Mills Y Mobley YMosley Y MueUer O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell Ragas YRandall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp YSims Sinkfield Skipper Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Tillman Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland YWhitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was Representative Tillman of the 173rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 1300 JOURNAL OF THE HOUSE, HB 307. By Representative Smith of the 109th: A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs on judicial process, so as to provide for additional requirements for garnishment of funds or other property under the control of financial institutions; to require certain information in summons of garnishment. The following Committee substitute was read: A BILL To amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment, so as to require additional information to be provided on certain affidavits and summonses; to provide for property in safe-deposit boxes; to provide for relief from liability for certain failures to answer, for attaching liens, and for freezing, paying, or delivering into court certain property or money; to provide for immunity from liability regarding certain association accounts and fiduciary accounts; to provide for cost reimbursements; 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 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment, is amended by striking subsection (h) of Code Section 18-4-20, relating to property subject to garnishment and inserting in its place the following: \u.) iHe simnnons r &Fnisfini6nt*, including ft summons t continuing gftpmsriineiHj ay en tts face set forth, if- known, the social security number ef- the defendant. An affidavit for the issuance of a summons of garnishment, an affidavit for the issuance of a summons of continuing garnishment, a summons of garnishment, and a summons of continuing garnishment shall each state with particularity all of the following information, to the extent reasonably available to the plaintiff: (1) The name of the defendant, and, to the extent such would reasonably enable the garnishee to answer properly the summons, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (2) The service address and the current addresses of the defendant and, to the extent such would reasonably enable the garnishee to answer properly the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; (3) The social security number or federal tax identification number of the defendant; and (4) Account, identification, or tracking numbers known or suspected by the plaintiff to be used by the garnishee in the identification or administration of the defendant's funds or property. A misspelling of any information required by paragraph (1) or (2) of this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of garnishment, so long as such information is not misleading in a search of the garnishee's records." SECTION 2. Said chapter is further amended by striking Code Section 18-4-84, relating to delivery of money or property to court, and inserting in its place the following: "18-4-84. Along with the answer, the garnishee shall deliver to the court the money or other property admitted in the answer to be subject to garnishment. If in answering the summons of garnishment, as provided in Code Section 18-4-82, the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall answer to the court issuing the summons of garnishment as to the FRIDAY, MARCH 7, 1997 1301 existence of such safe-deposit box and shall hold any contents of such safe-deposit box until the earlier of: (1) Further order of said court either releasing the garnishment or specifically requiring the garnishee to open such safe-deposit box and deliver any contents thereof to said court upon conditions prescribed by said court; or (2) The elapsing of 120 days from the date of filing of the answer to the summons of garnishment unless such time has been extended by the court." SECTION 3. Said chapter is further amended by adding immediately following Code Section 18-4-92, a new Code section to read as follows: "18-4-92.1. (a) A garnishee may be relieved from liability for failure to answer properly the summons of garnishment if the plaintiff failed to provide the information required by subsection (h) of Code Section 18-4-20 that would reasonably enable the garnishee to answer properly the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability imposed by Code Section 18-4-92, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to subsection (h) of Code Section 18-4-20 with the manner in which the garnishee maintains and locates its records, the compliance by the garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which the garnishee is located. (b) A garnishee and a plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien, the freezing, payment, or delivery into court of property, money, or effects reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment. In determining whether such compliance by a garnishee is reasonable, the court shall proceed in the manner prescribed in subsection (a) of this Code section by comparing the efforts of the plaintiff to comply with subsection (h) of Code Section 18-4-20 and the garnishee's record system and procedures. (c)(l) As used in this subsection, the term: (A) 'Association account' means any account, or any safe-deposit box or similar property, maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, a national, state, or local government or quasi-government entity, or any other incorporated or unincorporated association. (B) 'Fiduciary account' means any account, or any safe-deposit box, maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, for purposes of this subsection, the term fiduciary account shall include any 'trust account' as defined in Code Section 7-1-810, any account created pursuant to a transfer governed by Code Section 44-5-119, and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority. (2) (A) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose. (B) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment if such account specifically is exempted from garnishment by the laws of this state. (C) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the 1302 JOURNAL OF THE HOUSE, summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose." SECTION 4. Said chapter is further amended by adding at the end of Code Section 18-4-97, relating to garnishee's expenses, a new subsection to read as follows: "(d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided by Code Section 7-1-237." SECTION 5. This Act shall become effective on July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and lost: Representatives Bannister of the 77th and Lakly of the 105th move to amend the Committee substitute to HB 307 as follows: Delete Section 2 and renumber accordingly. The following amendment was read: Representative Wiles of the 34th moves to amend the Committee substitute to HB 307 by striking in their entirety lines 26 and 27 of page 1 and inserting in lieu thereof the following: "all of the following information, if known:". 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 Bannister N Barfoot N Barnard N Barnes Bates Benefield N Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown N Buck N Buckner Bunn N Burkhalter N Byrd N Campbell N Canty N Carter NCash N Channell Childers N Clark Y Coan Y Coleman, B Coleman, T Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings Davis, G N Davis, M Day N DeLoach, B Y DeLoach, G N Dii N Dixon, H N Dixon, S Dobbs N Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin E Golden N Graves Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson N James N Jamieson N Jenkins Y Johnson Johnston N Jones Joyce Y Kaye Y Ladd Y Lakly N Lane N Lee Y Lewis N Lord N Lucas N Maddox Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee Y McCall N McClinton McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Perry Y Pinholster Y Poag N Polak N Ponder N Porter Y Powell N Purcell N Ragas N Randall N Ray N Reaves N Reichert Y Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott N Shanahan N Shaw SherrUl N Shipp Y Sims Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V FRIDAY, MARCH 7, 1997 1303 NSmyre Y SneUing YSnow NStallings N Stancil, F Y StancU, S N Stanley, L N Stanley, P N Taylor NTeague YTeper N Thomas NTillman Y Titus N Tolbert NTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles On the adoption of the amendment, the ayes were 56, nays 105. The amendment was lost. N Williams, B N Williams, J Y Williams, R YWorthan YYates Murphy, Spkr The following amendment was read: Representative Wiles of the 34th moves to amend the Committee substitute to HB 307 by striking in their entirety lines 11 and 12 of page 2 and inserting in lieu thereof the following: "or (2) of this subsection shall not invalidate a summons". 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 NBaifoot Y Barnard NBaraes Bates N Benefield NBirdsong N Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty N Carter YCash YChannell N Childere N Clark YCoan Y Coleman, B Coleman, T ConneU Y Cooper N Crawford Y Crews N Culbreth Y Cummings Davis, G N Davis, M Day Y DeLoach, B Y DeLoach, G NDix Y Dixon, H N Dixon, S N Dobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin E Golden Y Graves Greene Y Grindley N Hammontree N Manner Y Harbin N Heard N Hecht N Heckstall N Hegstrom NHenson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox NMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall McClinton McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Perry Y Pinholster YPoag NPolak N Ponder N Porter Y Powell N Purcell NRagas NRandall YRay N Reaves N Reichert Y Rice N Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw Sherrill YShipp YSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre Y SneUing YSnow NStallings Y Stancil, F Y Stancil, S Stanley, L N Stanley, P N Taylor NTeague YTeper N Thomas NTillman Y Titus Y Tolbert N Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles N Williams, B N Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the adoption of the amendment, the ayes were 71, nays 95. The amendment was lost. The following amendment was read: Representative Wiles of the 34th moves to amend the Committee substitute to HB 307 by inserting after line 14 of page 2 the following: 1304 JOURNAL OF THE HOUSE, "SECTION 2. Said chapter is further amended by striking paragraphs (1) and (2) of Code Section 18-4-66, relating to forms for postjudgment garnishment, and inserting in their place the following: '(1) Garnishment affidavit. IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA Plaintiff ) ) ____________ Defendant ) 1 _____________ 1 Other known names 1 of Defendant 1 1 Current and past } addresses of Defendant } 1 ____________ 1 Social security number ) or federal tax I identification number ) of Defendant } 1 Account or identification ) numbers of Defendant I used by Garnishee }_ Civil action File no. Garnishee Address } GARNISHMENT AFFIDAVIT Personally appeared the undersigned affiant who on oath says that he or she is the above plaintiff, his or her agent, or his or her attorney at law and that the above defendant is indebted to said plaintiff on a judgment described as follows: ___________ is the case number in the ________ Court of _________ County which rendered the judgment against the defendant, $______ being the balance thereon. Sworn to and subscribed before me this ______ day of ___________, 19__. Affiant FRIDAY, MARCH 7, 1997 1305 Plaintiffs attorney (2) Summons of garnishment. IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA Plaintiff ) ) ____________ Defendant ) Seeial accurity ) 1 _____________ 1 Other known names ) of Defendant 1 _____________ Current and past addresses of Defendant _____________ Social security number i or federal tax 1 identification number I of Defendant 1 1 _____________ 1 Account or identification) numbers of Defendant } used by Garnishee | Civil action File no. Garnishee _____________ Addresa SUMMONS OF GARNISHMENT To: _____________ Garnishee Amount claimed due by plaintiff (To be completed by plaintiff) $ ______ Plus court costs due on the summons (To be completed by the clerk) $ ______ YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons and the time of making your answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded 1306 JOURNAL OF THE HOUSE, to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his or her attorney named below. Money or other property subject to this summons should be delivered to the court with your answer. Should you fail to answer this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. Witness the Honorable _, Judge of said Court. This _____ day of _ Plaintiffs attorney Court of Clerk, County Address Service perfected on garnishee, this day of _. 19. Deputy marshal, sheriff, or constable'" By renumbering existing Sections 2 through 6 as Sections 3 through 7. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien N Andersen N Ashe Bailey N Baker Y Bannister NBarfoot Y Barnard Y Barnes Bates N Benefield NBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck N Buckner Y Bunn N Burkhalter NByid N Campbell N Canty N Carter YCash NChannell N Childers Y Clark YCoan Y Coleman, B Coleman, T Connell Y Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G N Davis, M Day Y DeLoach, B Y DeLoach, G NDii N Diion, H N Diion,S YDobbs N Dukes YEhrhart NEpps Y Evans YEverett Y Felton N Floyd Y Franklin E Golden Y Graves Greene Y Grindley N Hammontree N Manner Y Harbin N Heard NHecht N Heckstall N Hegstrom YHenson N Holland N Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee N Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall McClinton McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter Y Powell N Purcell NRagas NRandall YRay N Reaves N Reichert YRice N Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw N Sherrill Y Shipp N Sims Y Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 76, nays 93. Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling YSnow NStallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor N Teague Y Teper N Thomas NTiUman Y Titus Y Tolbert NTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles N Williams, B N Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr FRIDAY, MARCH 7, 1997 1307 The amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Bailey Y Baker N Bannister YBartoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon N Bordeaux N Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Y Coleman, B Coleman, T Connell N Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes NEhrhart YEpps N Evans Y Everett Felton Y Floyd N Franklin E Golden Y Graves Y Greene N Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht N Heckstall Y Hegstrom YHenson Y Holland Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins N Johnson Y Johnston Y Jones N Joyce NKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J N Martin, J.L NMassey Y McBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote N Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas YTillman N Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L N Walker, R.L YWest N Westmorland Y Whitaker N Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan N Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 141, nays 28. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Baker of the 70th moved that the following Bill of the House be taken from the table: HB 163. By Representatives Baker of the 70th, Twiggs of the 8th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Chapter 9 of Title 35 of the Official Code of Georgia Annotated, relating to special policemen, so as to define a term; to provide that federal law enforcement officers shall have the same powers, duties, privileges, and immunities as a peace officer under certain circumstances. On the motion, the roll call was ordered and the vote was as follows: N Alien Y Anderson N Ashe Bailey Y Baker N Bannister Y Barfoot N Barnard YBarnes Y Bates Y Benefield Y Birdsong N Bohannon Y Bordeaux N Bradford 1308 JOURNAL OF THE HOUSE, N Breedlove N Bridges N Brooks N Brown YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell Y Canty Y Carter NCash YChannell Y Childers N Clark NCoan N Coleman, B Coleman, T Y Connell N Cooper N Crawford N Crews N Culbreth Y Cummings Davis, G N Davis, M Day Y DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs Dukes N Ehrhart YKpps N Evans N Everett N Felton Y Floyd N Franklin E Golden N Graves Greene N Grindley N Hammontree Y Banner N Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis Lord Y Lucas Maddox NMann N Manning Y Martin, J Y Martin, J.L NMassey Y McBee McCall McClinton McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal YOrrock YParham Y Parrish N Parsons Y Pelote Y Perry On the motion, the ayes were 91, nays 74. The motion prevailed. N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson N Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott Y Shanahan YShaw Y Sherrill N Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling YSnow Y Stalling!! Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman N Titus Y Tolbert N Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L YWest N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Murphy, Spkr HB 712. By Representatives Skipper of the 137th and Polak of the 67th: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for judgments on delinquent penalties or other obligations; to authorize the administrator to designate the use of certain funds and to establish a consumer preventive education plan. The following Committee substitute was read: A BILL To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for judgments on delinquent penalties or other obligations; to authorize the administrator to designate the use of certain funds and to establish a consumer preventive education plan; to privatize the collection of judgments; to provide for collection fees; to provide for disbursement of collected funds; 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. Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, is amended by inserting the following new part, to be designated as Part 0.5, to read as follows: "Part 0.5 10-1-365. FRIDAY, MARCH 7, 1997 1309 As used in this article, the term 'administrator' means the person appointed by the Governor pursuant to Code Section 10-1-395 on his or her designee. 10-1-366. (a) The administrator may file in the Superior Court of Fulton County, or in the county in which a person under order resides, or in the county in which the violation occurred, or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of a final order issued pursuant to this article by the administrator which is unappealed from or a final order of an administrative law judge issued pursuant to this article which is unappealed from or a final order of an administrative law judge issued pursuant to this article which is affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. (b) The administrator may file in the Superior Court of Fulton County, or in the county in which the person obligated to pay funds over to the administrator resides, or in the county in which the violation or alleged violation occurred, or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of any document under which funds are due to the administrator based on obligations created in the administration of this article, whether obtained through official action, compromise, settlement, assurance of voluntary compliance, or otherwise, and are delinquent according to the terms of the document creating the obligation, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. (c) The court shall specify that any funds to be collected under the judgment shall be disbursed by the administrator in accordance with the terms of the original order or in accordance with the terms of the original document creating the obligation, subject to the provisions of Code Section 10-1-367. Such funds may have been designated in the original order or in the original document to be applied to consumer restitution, to reimbursement of funds from which investigative expenses were paid, to civil penalties to be disbursed into the consumer preventive education plan, to civil penalties to be disbursed into the state general fund, or any combination thereof. (d) In original orders or original documents the administrator may designate that civil penalties shall be applied to the consumer preventive education plan; in that event, such funds shall not be applied in an aggregate amount which is any greater than the amount of funds appropriated for the consumer preventive education plan. Any amount of civil penalties which exceeds the appropriation for the consumer preventive education plan shall be disbursed into the state general fund. (e) All judgments obtained pursuant to this Code section shall be considered delinquent if unpaid 30 calendar days after the judgment is rendered. (f) The administrator is authorized to establish a consumer preventive education plan. 10-1-367. (a) In addition to any amount owed under a judgment rendered under Code Section 10-1-366, a delinquent party shall be responsible by operation of law for a collection fee equal to 40 percent of the amount of the judgment as if such collection fee had been included as part of the judgment. The amount of the judgment together with the 40 percent collection fee shall be designated as the amount due. The administrator shall have the authority to contract with private collection agencies to collect any amount due. In the event that such collection agencies are unable to collect any part of such amounts due, the administrator may request that the Attorney General contract with attorneys to collect all or any remaining part of such amounts due. Such collection attorneys shall be paid in the same manner as collection agencies. (b) All funds collected by the collection agency or by the collection attorneys shall be remitted to the administrator for disbursement. In no event shall the collection agency 1310 JOURNAL OF THE HOUSE, or attorney be entitled to any compensation in an amount greater than the 40 percent collection fee. (c) The administrator shall remit to the collection agency or to the collection attorney a fee of 10 percent of any amount actually collected by that collection agency or that attorney. (d) After the 10 percent of the funds collected to date has been remitted to the appropriate collection agency or collection attorney, as specified in subsection (c) of this Code section, and up until such time as 100 percent of the judgment has been disbursed in the manner called for in the judgment, the administrator shall disburse the remaining 90 percent of the funds collected to date as designated in the judgment. (e) After 100 percent of the funds have been disbursed as designated in the judgment and the collector has also received the collection fee equal to 10 percent of such collected funds, the administrator shall remit to the collection agency or to the collection attorney any of the remaining funds which were actually collected by that collection agency or by that collection attorney; provided, however, in no event shall the total of collection fees disbursed in connection with the collection of the judgment exceed an amount equal to 40 percent of the judgment. (f) The administrator shall render semiannual reports to the Governor on the amounts collected and disbursed. Such reports shall be due on the tenth day of January and the tenth day of July of each year." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Everett of the 163rd moves to amend the Committee substitute to HB 712 as follows: On page 1 - line 24 strike the words "Fulton County, or in the" On page 2 - line 8 strike the words "Fulton County, or in the". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 326. By Representatives Teague of the 58th, McKinney of the 51st, Randall of the 127th, Henson of the 65th and McClinton of the 68th: A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, so as to provide that any law enforcement agency shall immediately open an investigation upon receipt of a report that a person with Alzheimer's disease is missing. The following amendment was read and adopted: FRIDAY, MARCH 7, 1997 1311 Representative Sims of the 167th moves to amend HB 326 as follows: Line 19 after disease, add or other mental illness involving dementia. Line 24 after disease, add or other mental illness involving dementia. 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 117, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 104. By Representative Davis of the 60th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers. The following Committee substitute was read and withdrawn: A BILL To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers; 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 2 of Title 40, relating to prestige and special motor vehicle license plates, is amended by adding a new Code Section 40-2-86.1 to read as follows: "40-2-86.1. (a) The commissioner shall design a special license plate to be issued commemorating square and round dancers, which license plate shall be similar in design to the license plate issued to all other residents of the state except that an emblem consisting of a depiction of a traditionally attired square dancing couple and the letters "SD" arranged vertically shall be placed immediately to the left of the numbers on the license plate. The phrase 'Square & Round Dancers' shall be imprinted on such special license plate. It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. (b) Any resident motor vehicle owner desiring a special license plate commemorating square and round dancers shall submit to the commissioner a completed application form for such license plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate. (c) The commissioner shall retain all applications received for special license plates commemorating square and round dancers until a minimum of 500 applications have been received. After receipt of 500 applications for such commemorative license plate, the commissioner will then design the commemorative license plate. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such license plates and all fees shall be refunded to applicants. 1312 JOURNAL OF THE HOUSE, (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but no special license plate shall be issued under this Act prior to January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Davis of the 60th, was read and adopted: A BILL To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers; 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 2 of Title 40, relating to prestige and special motor vehicle license plates, is amended by adding a new Code Section 40-2-86.1 to read as follows: "40-2-86.1. (a) The commissioner shall design a special license plate to be issued commemorating square and round dancers, which license plate shall be similar in design to the license plate issued to all other residents of the state except that an emblem consisting of a depiction of a traditionally attired square dancing couple and the letters "SD" arranged vertically shall be placed immediately to the left of the numbers on the license plate. The phrase 'Square & Round Dancers' shall be imprinted on such special license plate. It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. (b) Any resident motor vehicle owner desiring a special license plate commemorating square and round dancers shall submit to the commissioner a completed application form for such license plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate. (c) The commissioner shall retain all applications received for special license plates commemorating square and round dancers until a minimum of 1,000 applications have been received. After receipt of 1,000 applications for such commemorative license plate, the commissioner will then design the commemorative license plate. If the commissioner does not receive the required minimum of 1,000 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such license plates and all fees shall be refunded to applicants. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80." FRIDAY, MARCH 7, 1997 1313 SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but no special license plate shall be issued under this Act prior to January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barries Y Benefield Y Birdsong Y Bohannon Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y ConneU Y Cooper Y Crawford Crews Y Culbreth CummingB Y Davis, G Y Davis, M Day DeLoach, B Y DeLoach, G Dii Y Diion, H Diion, S YDobbs Dukes YEhrhart YEpps Y Evans Everett Y Felton Floyd Y Franklin E Golden Y Graves Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce EKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddoz YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shan ah an YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 738 Do Pass HB 822 Do Pass, by Substitute HB 889 Do Pass, by Substitute 1314 JOURNAL OF THE HOUSE, Respectfully submitted, /a/ Holmes of the 53rd Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 267 Do Pass HB 269 Do Pass HB 286 Do Pass HB 305 Do Pass HB 406 Do Pass HB 557 Do Pass, by Substitute HB 563 Do Pass HB 744 Do Pass SB 26 Do Pass, by Substitute SB 27 Do Pass, by Substitute SB 77 Do Pass Respectfully submitted, M Martin of the 47th 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 32 Do Pass HB 719 Do Pass HB 866 Do Pass Respectfully submitted, M Royal of the 164th Chairman Pursuant to HR 436 adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, March 11, 1997. TUESDAY, MARCH 11, 1997 1315 Representative Hall, Atlanta, Georgia Tuesday, March 11, 1997 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: Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Ch X-PS" Utoiaers C^ Coleman B Connell ' Cooper Crawford Crews Culbreth Cumminga Davis, G Davis, M DeLoach, B Diion, H Dukes Ehrhart Evans Everett Floyd Franklin Golden Graves Greene Hammontree Harbin Heard Hecht HeckstaU Henson Holland Hudgens Hudson, H Hudson, N Hugley Jackson Jamieson Johnson Johnston Kaye Ladd Lakly Lee Lewis Lord Maddox Manning Martin, J Martin, J.L McBee McKinney Mills Mobley Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Perry Pinholster Poag Polak Ponder Powell Purcell Ragas Randall Ray Reichert Rice Richardson Roberts Royal Sanders Scarlett Scheid Scott Shanahan Shaw Sherrill Shipp Sims Skipper Smith, C Smith, L Smith, L.R Smith, P Smith, V Snelling Stallings Stancil, F Stancil, S Stanley, L Stanley, P Taylor Teper Thomas Tillman Titus Tolbert Trense Turnquest Walker, L West Westmoreland Whitaker Wiles Williams, B Williams, J Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Bannister of the 77th, Bailey of the 93rd, Massey of the 86th, Walker of the 87th, Breedlove of the 85th, McClinton of the 68th, Reaves of the 178th, Sauder of the 29th, Lucas of the 124th, Alien of the 117th, Dixon of the 150th, Smith of the 19th, Bordeaux of the 151st, Howard of the 118th, McCall of the 90th, Mann of the 5th, Teague of the 58th, Porter of the 143rd, Jones of the 71st, Baker of the 70th, Irvin of the 45th, Sinkfield of the 57th, Smith of the 169th, Ashe of the 46th, Hanner of the 159th, Hegstrom of the 66th, Smyre of the 136th, Coleman of the 142nd and Snow of the 2nd. They wish to be recorded as present. Prayer was offered by the Reverend David McFalls, Pastor, Hillcrest Church of Christ, Decatur, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 1316 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 941. By Representatives McBee of the 88th, Hudson of the 156th, Crawford of the 129th and Reaves of the 178th: A bill to amend Article 4 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the harvest and sale of pine straw, so as to require a person selling pine straw to a pine straw dealer to present a valid business license or state tax identification number. Referred to the Committee on Agriculture & Consumer Affairs. HB 942. By Representatives Holmes of the 53rd, Byrd of the 170th, Greene of the 158th, Jenkins of the 110th and McKinney of the 51st: A bill to amend Code Section 21-4-6 of the Official Code of Georgia Annotated, relating to the review of grounds for a recall petition, so as to provide for required elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders. Referred to the Committee on Governmental Affairs. HB 943. By Representative Cummings of the 27th: 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 provide that the Teachers Retirement System of Georgia shall not pay a benefit based upon service rendered by a member of the Regents Retirement Plan. Referred to the Committee on Retirement. HB 944. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement benefits, employee contributions, and related matters relative to members of the Employees' Retirement System of Georgia who became members on or after July 1, 1982, so as to provide that membership service may include certain prior service as a member of such retirement system. Referred to the Committee on Retirement. TUESDAY, MARCH 11, 1997 1317 HB 948. By Representatives Cooper of the 31st, Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd, Wiles of the 34th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. HB 951. By Representatives Bannister of the 77th, Davis of the 60th, Mann of the 5th and Snelling of the 99th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain permanently disabled veterans who do not qualify for a homestead exemption under Code Section 48-5-48. Referred to the Committee on Ways & Means. HB 952. By Representatives Bannister of the 77th, Sanders of the 107th, Mann of the 5th, Rogers of the 20th and Davis of the 60th: A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance for compensation liability generally, so as to provide for an independent right of action for an employer to recover the amount of any workers' compensation insurance premium increase which is occasioned by a compensation paid for injury or death to an employee for which some other person is found to be legally liable. Referred to the Committee on Industrial Relations. HB 953. 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; to provide that an officer shall be required to secure a search warrant prior to making an arrest entry into the premises of a third party unless the third party has consented. Referred to the Committee on Special Judiciary. HB 954. By Representatives Wiles of the 34th, Ehrhart of the 36th, Irvin of the 45th, Evans of the 28th, Pinholster of the 15th and others: 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 no law school of any university within the University System of Georgia shall adopt or enforce any policy the result of which would prohibit the State Department of Law or any branch or component of the armed forces of the United States from recruiting graduates on the campus of the law school. Referred to the Committee on University System of Georgia. HB 955. By Representative Stancil of the 91st: A bill to reincorporate and provide a new charter for the Town of Bogart. Referred to the Committee on State Planning & Community Affairs - Local. 1318 JOURNAL OF THE HOUSE, HB 956. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A bill to amend an Act providing for the Board of Education of Bartow County, so as to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts. Referred to the Committee on State Planning & Community Affairs - Local. HB 957. By Representatives Tolbert of the 25th and Hecht of the 97th: A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to the offenses of child molestation and aggravated child molestation, so as to provide for a distinction between offenses involving and not involving the touching of the child. Referred to the Committee on Special Judiciary. HB 958. By Representative Murphy of the 18th: A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the district residency requirements for representative districts; to provide for the election of members of the House of Representatives. Referred to the Committee on Legislative & Congressional Reapportionment. HB 959. By Representative Skipper of the 137th: A bill to amend Code Section 48-8-112 of the Official Code of Georgia Annotated, relating to commencement termination, or continuation of the special county 1 percent sales and use tax, so as to change the provisions regarding the date such tax may be imposed. Referred to the Committee on Ways & Means. HB 960. By Representative Birdsong of the 123rd: A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 961. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of such board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 962. By Representative Reichert of the 126th: A bill to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to regulation of the practice of law, so as to protect the privacy of personal injury victims and their family members against intrusive, unsolicited contact by attorneys. Referred to the Committee on Judiciary. TUESDAY, MARCH 11, 1997 1319 HB 963. By Representatives Crawford of the 129th, Yates of the 106th and Sanders of the 107th: A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that circuit. Referred to the Committee on State Planning & Community Affairs - Local. HB 964. By Representative Alien of the 117th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to administration of chemical tests, the rights of motorists, and reporting of test results. Referred to the Committee on Motor Vehicles. HR 464. By Representative Benefield of the 96th: A resolution creating the Joint Georgia Transportation Study Committee. Referred to the Committee on Rules. HR 465. By Representatives McCall of the 90th, Greene of the 158th, Reaves of the 178th, James of the 140th, Purcell of the 147th and others: A resolution creating the House Study Committee on Business Incentives for Agriculture. Referred to the Committee on Rules. HR 466. By Representatives Davis of the 60th and Barnes of the 33rd: A resolution commending John Marshall Law School and urging the appropriation of state funds in support of the John Marshall Legal Aid Clinic. Referred to the Committee on Judiciary. HR 467. By Representatives Thomas of the 148th, Orrock of the 56th, Mobley of the 69th and Pelote of the 149th: A resolution recognizing Lead Poisoning Prevention Week in Georgia. Referred to the Committee on Health & Ecology. HR 470. By Representatives Reichert of the 126th, Tolbert of the 25th, Benefield of the 96th, Lee of the 94th, Ehrhart of the 36th and others: A resolution urging the Georgia Department of Transportation to change the system used to mark exits on the interstate highways passing through the state. Referred to the Committee on Transportation. By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees: 1320 JOURNAL OF THE HOUSE, HB 970. By Representatives Manning of the 32nd, Coleman of the 142nd, Parrish of the 144th, Sauder of the 29th, Irvin of the 45th and others: A bill to amend Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, so as to require guidelines for waiting lists to obtain disability services for mentally retarded persons and priorities relating thereto. Referred to the Committee on Health & Ecology. HB 971. By Representative Buckner of the 95th: 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 original actions for grandparent's visitation may be filed where the parents of the minor child are not separated. Referred to the Committee on Judiciary. HB 972. By Representatives Heckstall of the 55th, Holmes of the 53rd, Skipper of the 137th, Walker of the 141st, Stanley of the 49th and others: A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to require certain dealers to post certain signs regarding the exemption of eligible foods and beverages from sales and use tax. Referred to the Committee on Ways & Means. HB 977. By Representatives Holmes of the 53rd, Heckstall of the 55th and Brooks of the 54th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the election of representatives to the Congress of the United States from the State of Georgia by means of cumulative voting in multiple-member districts. Referred to the Committee on Governmental Affairs. HB 978. By Representatives Wiles of the 34th, Davis of the 60th, Ehrhart of the 36th, Cooper of the 31st, Irvin of the 45th and others: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity to manufacturers, distributors, dealers, and sellers of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy in certain circumstances. Referred to the Committee on Judiciary. HB 979. By Representatives Smith of the 175th, Birdsong of the 123rd, Roberts of the 162nd and Sims of the 167th: A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, 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. TUESDAY, MARCH 11, 1997 1321 HR 482. By Representatives Stancil of the 16th, Pinholster of the 15th and Benefield of the 96th: A resolution designating a certain portion of Ball Ground Highway (Highway 5) as the Riverstone Parkway. Referred to the Committee on Transportation. HR 483. By Representative Snow of the 2nd: A resolution re-creating the Aged and Disabled Transportation Task Force. 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 926 HB 927 HB 928 HB 929 HB 930 HB 932 934 HB 935 HB 936 HB 937 HB 938 HB 939 HB 940 HB 945 HB 946 HB 947 HB 949 HB 950 HR 434 4g HR 457 HR 462 SB 244 SB 338 SB 342 SR 167 Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report: Mr. Speaker: Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 570 Do Pass, by Substitute Respectfully submitted, /a/ Parrish of the 144th Chairman Representative Byrd of the 170th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intra-Governmental Coordination 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 872 Do Pass Respectfully submitted, /s/ Byrd of the 170th Chairman 1322 JOURNAL OF THE HOUSE, Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 395 Do Pass SB 143 Do Pass SB 284 Do Pass Respectfully submitted, /s/ Martin of the 47th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 433 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 794 Do Pass HB 795 Do Pass HB 899 Do Pass HB 900 Do Pass HB 901 Do Pass HB 902 Do Pass HB 903 Do Pass HB 904 Do Pass HB 906 Do Pass HB 909 Do Pass HB 915 Do Pass HB 916 Do Pass HB 917 Do Pass HB 918 Do Pass HB 920 Do Pass HB 922 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, MARCH 11, 1997 Mr. Speaker and Members of the House: TUESDAY, MARCH 11, 1997 1323 The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: HB 180 Schools; certain students; provide scholastic information HB 474 Food serv establishments; cert employees; require hair nets HB 487 Motor vehicles; license plates and registration; amend provisions HB 621 Council on Rural Transportation and Economic Development; continuation HB 745 Ga Arbitration Code; contracts between ins companies; applicability HR 326 Joint Coastal Ground-water Resources Study Committee; create HR 362 "Civics Day"; urge designation by State Board of Education SR 63 Martin Luther King, Jr. Memorial Highway; portion of Highway 120 Loop (Thompson of the 33rd) SR 236 Harold S. Willingham - designate portion of S Marietta Loop in honor (Thompson of the 33rd) 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 consideration and read the third time: HB 794. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner. The report of the Committee, which was favorable to the passage of the Bill, was to. HB 795. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 899. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th, Day of the 153rd and Bordeaux of the 151st: A bill to amend an Act creating the State Court of Chatham 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. HB 900. By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd, Wiles of the 34th, Ehrhart of the 36th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court. 1324 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 901. By Representatives Parsons of the 40th, Shipp of the 38th, Cooper of the 31st, Sauder of the 29th, Manning of the 32nd 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, so as to change the compensation of the chief clerk and the executive secretary of the tax commissioner. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 902. By Representative Hudson of the 120th: A bill to amend an Act creating a Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of county commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 903. By Representative McCall of the 90th: A bill to create the Lincoln County Recreation Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 904. By Representatives Powell of the 23rd and Jamieson of the 22nd: A bill to create the Franklin County Public Building Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 906. 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 provide for staggered terms; to provide that the chairperson of the commission shall have the right to vote on all matters. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 909. By Representatives Stallings of the 100th and West of the 101st: A bill to provide for the Carroll County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, MARCH 11, 1997 1325 HB 915. By Representatives Wiles of the 34th, Ehrhart of the 36th, Bradford of the 30th, Barnes of the 33rd, Sauder of the 29th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the district attorney, the assistant district attorneys, and the chief assistant district attorney. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 916. By Representatives Wiles of the 34th, Ehrhart of the 36th, Bradford of the 30th, Barnes of the 33rd, Sauder of the 29th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for appointment of senior assistant district attorneys and their compensation. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 917. By Representatives Wiles of the 34th, Sauder of the 29th, Bradford of the 30th, Ehrhart of the 36th, Barnes of the 33rd and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the number of assistant district attorneys. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 918. By Representative Hudson of the 120th: A bill to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 920. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to create the Douglasville Convention and Conference Center Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 922. 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 chairperson and members of the board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. 1326 JOURNAL OF THE HOUSE, On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Alien Anderson YAshe Y Bailey Baker Bannister YBarfoot Barnard YBames Y Bates Y Benefield YBirdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChanneU Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Day Y DeLoach, B E DeLoach, G Dix Y Dixon, H Y Dixon, S Dobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin E Golden Y Graves Y Greene Grindley Y Hammontree Manner Y Harbin Y Heard YHecht Heckstall Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson E James Y Jamieson Jenkins Y Johnson Y Johnston E Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Msjtin, J.L Massey McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham YParrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Thomas Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bills, the ayes were 138, nays 0. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 346. By Senators Clay of the 37th, Lamutt of the 21st and Thompson of the 33rd: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. HB 503. By Representatives Bannister of the 77th, Johnson of the 84th, Breedlove of the 85th and others: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit. TUESDAY, MARCH 11, 1997 1327 HB 653. By Representative DeLoach of the 119th: A bill to provide a new charter for the City of Blythe. HB 657. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies. HB 776. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide for limitations with respect to the installation of certain trunk lines. HB 777. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. HB 783. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th and others: A bill to create the Acworth Area Convention and Visitors Bureau Authority. HB 784. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city. HB 785. By Representatives Parham of the 122nd and Hudson of the 120th: A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorcja taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period. HB 799. By Representative Massey of the 86th: A bill to amend an Act reincorporating the City of Winder, so as to repeal the two-term limit applicable to the mayor. SB 171. By Senators Stokes of the 43rd and Oliver of the 42nd: A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to change the definition of family violence; to provide for jurisdiction and venue for petitions involving nonresidents. 1328 JOURNAL OF THE HOUSE, SB 226. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd: A bill to amend Code Section 16-7-26 of the Official Code of Georgia Annotated, relating to vandalism to a place of worship, so as to provide a penalty for such offense when one or more persons are injured. SB 274. By Senators Henson of the 55th, Burton of the 5th, Stokes of the 43rd and others: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to limit the terms of certain contracts for lease, use, or operation of the project. SB 325. By Senators Kemp of the 3rd, Boshears of the 6th and Johnson of the 2nd: A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00. HB 187. By Representative Twiggs of the 8th: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the composition of said council; to provide for the effective date of membership of the director of the Georgia Indigent Defense Council. HB 241. By Representatives Smyre of the 136th, Skipper of the 137th, Buck of the 135th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the distributive share of a nonresident member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall constitute taxable income. HB 297. By Representative Lucas of the 124th: A bill to amend Article 5 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to residential care facilities for the elderly authorities, so as to change certain provisions relating to powers of authorities. HB 308. By Representatives Royal of the 164th, Hudson of the 156th and Reaves of the 178th: 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 change the publication schedule of an official directory of certain public officers and officials; to change certain provisions regarding the term of office of the director of Department of Archives and History; to change the name of the Georgia State Museum of Science and Industry. TUESDAY, MARCH 11, 1997 1329 The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 214. By Senator Middleton of the 50th: A resolution designating the Lovell-Wikle Scenic Highway. HR 258. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution recognizing and designating "Georgia"s Treasure Along 20 Trail". The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House: HB 110. By Representative Barnes of the 33rd: 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 generally, so as to provide for a special license plate honoring and supporting the Shrine hospitals for children. HB 658. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from concurrent to staggered. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 171. By Senators Stokes of the 43rd and Oliver of the 42nd: A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to change the definition of family violence; to provide for jurisdiction and venue for petitions involving nonresidents. Referred to the Committee on Special Judiciary. SB 226. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd: A bill to amend Code Section 16-7-26 of the Official Code of Georgia Annotated, relating to vandalism to a place of worship, so as to provide a penalty for such offense when one or more persons are injured. Referred to the Committee on Special Judiciary. SB 274. By Senators Henson of the 55th, Burton of the 5th, Stokes of the 43rd and others: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to limit the terms of certain contracts for lease, use, or operation of the project. Referred to the Committee on State Planning & Community Affairs. 1330 JOURNAL OF THE HOUSE, SB 325. By Senators Kemp of the 3rd, Boshears of the 6th and Johnson of the 2nd: A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00. Referred to the Committee on Judiciary. SB 346. By Senators Clay of the 37th, Lamutt of the 21st and Thompson of the 33rd: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. Referred to the Committee on State Planning & Community Affairs - Local. SR 214. By Senator Middleton of the 50th: A resolution designating the Lovell-Wikle Scenic Highway. Referred to the Committee on Transportation. The following Resolutions of the House were read and adopted: HR 471. By Representatives Davis of the 60th and Barnes of the 33rd: A resolution commending John Marshall Law School and expressing support for the John Marshall Legal Aid Clinic. HR 472. By Representative Scheid of the 17th: A resolution commending Lincoln Elementary School and Charles F. Scheid IV, and recognizing Lincoln Elementary School as a sister school to Woodstock Elementary School for 1997. HR 473. By Representatives Mueller of the 152nd, Thomas of the 148th, Dixon of the 150th, Pelote of the 149th and Bordeaux of the 151st: A resolution congratulating the Girl Scouts on their 85th anniversary and proclaiming March 9-15, 1997, as Girl Scout Week in Georgia. HR 474. By Representatives Lakly of the 105th and Westmorland of the 104th: A resolution commending Michael A. Mahon. HR 475. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution recognizing and commending James T. "Ted" Stone. HR 476. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A resolution commending Hill Parts. TUESDAY, MARCH 11, 1997 1331 HR 477. By Representatives Reichert of the 126th, Randall of the 127th, Graves of the 125th, Lucas of the 124th, Ray of the 128th and others: A resolution recognizing the Douglass Theatre. HR 478. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Lizzie Kate Bussie. HR 479. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Alma Sanders James. HR 480. By Representative Pelote of the 149th: A resolution expressing condolences upon the passing of Ruth Bolden Barnes. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 433. By Representatives Holmes of the 53rd, Mobley of the 69th, Hegstrom of the 66th, McClinton of the 68th and Brooks of the 54th: A resolution recognizing the President of the National Assembly of Guinea and inviting him to appear before the House of Representatives. Representative Skipper of the 137th assumed the Chair. Representative Crews of the 78th 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 Mills of the 21st arose to a point of personal privilege and addressed the House. Representative Snelling of the 99th arose to a point of personal privilege and addressed the House. Representative Franklin of the 39th arose to a point of personal privilege and addressed the House. Representative Ragas of the 64th arose to a point of personal privilege and addressed the House. Representative Walker of the 87th arose to a point of personal privilege and addressed the House. Representative Grindley of the 35th arose to a point of personal privilege and addressed the House. Representative Westmoreland of the 104th arose to a point of personal privilege and addressed the House. 1332 JOURNAL OF THE HOUSE, Representative Skipper of the 137th announced the House in recess until 1:30 o'clock this afternoon. TUESDAY, MARCH 11, 1997 1333 AFTERNOON SESSION The Speaker called the House to order. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 658. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from concurrent to staggered. The following Senate substitute was read: A BILL To amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5466), so as to change the terms of the members of the board from concurrent to staggered; to provide that the terms of certain members elected in 1998 shall be two years rather than four; to provide for a referendum; 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. An Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5466), is amended by striking Section 4 in its entirety and inserting a new section to read as follows: "SECTION 4. (a) The Board of Commissioners of Floyd County composed of five members shall continue as the governing authority of Floyd County. Members for Posts 1 and 2 shall reside in Floyd County inside the corporate limits of the City of Rome. Members for Posts 3, 4, and 5 shall reside in Floyd County but outside the corporate limits of the City of Rome. Any person offering for election as a member of the board shall designate the post for which such person is offering at the time of so offering and shall not offer for election for more than one post on the board. (b) Members of the board shall be elected on the Tuesday following the first Monday in November next preceding the expiration of the term of office for the respective post on the board of commissioners and shall take office on the first day of January following their election. (c) To qualify for election as a member of the board, a person must be a resident of Floyd County for at least one year, and such residency must be as follows: any person seeking to qualify for election to Post 1 or 2 must reside within the corporate limits of the City of Rome and must have resided accordingly for at least one year immediately prior to being qualified, and any person seeking to qualify for election to Post 3, 4, or 5 must reside outside of the corporate limits of the City of Rome and must have resided accordingly for at least one year immediately prior to being qualified. (d) Subject to clearance by the Attorney General of the United States, the terms of the members of the board, which were made concurrent in accordance with an Act approved April 6, 1992 (Ga. L. 1992, p. 5466), shall become staggered terms in the following man- 1334 JOURNAL OF THE HOUSE, (1) The members elected to Posts 2 and 3 in 1994 shall complete the four-year terms for which they were elected. Their successors shall be elected in 1998 to serve for terms of two years and until their successors are elected and qualified, and subsequently, all members shall be elected for terms of four years and until their successors are elected and qualified. (2) The members who were elected to Posts 1, 4, and 5 in 1994 shall complete the four-year terms for which they were elected. Their successors shall be elected in 1998 to serve for terms of four years and until their successors are elected and qualified, and subsequently, all members shall be elected for terms of four years and until their successors are elected and qualified." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Floyd County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which changes the terms of the members of the Board of Commissioners of Floyd County from concurrent to staggered and to provide that the terms of certain members elected in 1998 shall be two years rather than four?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Floyd County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. For the purposes of holding the election called for in Section 2, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 12th moved that the House agree to the Senate substitute to HB 658. On the motion, the ayes were 110, nays 0. The motion prevailed. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on State Planning & Community Affairs - Local: HB 938. By Representative Floyd of the 138th: A bill to provide a homestead exemption from certain Dooly County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over. TUESDAY, MARCH 11, 1997 1335 By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Industry: HB 898. 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 bill to enact the "Electronic Filing Act of 1997"; to provide a short title; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to provide that certain campaign contribution disclosure reports, financial disclosure reports, and lobbyist disclosure statements shall be filed in a format prescribed by the State Ethics Commission. 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 484 Do Not Pass HB 842 Do Pass, by Substitute SB 140 Do Pass Respectfully submitted, /s/ Randall of the 127th Chairman Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 180. By Representatives Hecht of the 97th, Lee of the 94th, Walker of the 141st, Benefield of the 96th and Reichert of the 126th: A bill to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide that a student enrolling for the first time in any school in grade seven or higher must provide a copy of his or her scholastic and discipline record. The following Committee substitute was read: A BILL To amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide that a student enrolling for the first time in any school in grade seven or higher must provide a copy of his or her scholastic and discipline record; to provide that a transferring student may be admitted conditionally upon providing certain information and consenting to the release of certain records; to provide that school administrators shall notify teachers of certain information relating to a student's past behavior; to provide for a review of files and for confidentiality; to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to provide that any court making an adjudication that a juvenile has committed a designated felony act shall notify the school attended by such juvenile; to provide an effective date; to repeal conflicting laws; and for other purposes. 1336 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: SECTION 1. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, is amended by striking in its entirety Subpart 1, which reads as follows: "Subpart 1 20-2-670 and 20-2-671. Reserved.", and inserting in lieu thereof the following: "Subpart 1 20-2-670. (a) A transferring student applying for admission to a grade higher than the sixth grade shall as a prerequisite to admission present a certified copy of his or her academic transcript and disciplinary record from the school previously attended. (b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is the custodian of such records for the propose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a designated felony act as defined in Code Section 15-11-37 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school, the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-752, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment until such time as he or she becomes so eligible. (c) Every school system in this state shall be obligated to provide complete information to a requesting school pursuant to subsection (b) of this Code section within ten days of receipt of such request. 20-2-671. If any school administrator determines from the information obtained pursuant to Code Section 15-11-37 or 20-2-670 or from any other source that a student has committed a designated felony act, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential." SECTION 2. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by inserting at the end thereof the following: "(h) Any court making a finding or adjudication that a juvenile has committed a designated felony act shall identify the school last attended by such juvenile and the school which such juvenile intends to attend and shall transmit a copy of such adjudication or finding to the principals of the school which the juvenile last attended and the school which the juvenile intends to attend within 15 days of the adjudication or finding. Such TUESDAY, MARCH 11, 1997 1337 information shall be subject to notification, distribution, and requirements as provided in Code Section 20-2-671." SECTION 3. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Kaye of the 37th and Hecht of the 97th move to amend the Committee substitute to HB 180 by adding after the word and symbol "imposed." on line 26 of page 2 the following: "Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of designated felony acts.". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HR 362. By Representatives McBee of the 88th, Taylor of the 134th, Porter of the 143rd, Ashe of the 46th and Coleman of the 80th: A resolution urging the State Board of Education to designate a "Civics Day" in the schools 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 ayes were 115, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 621. By Representatives Sims of the 167th, Shaw of the 176th, Porter of the 143rd, Jamieson of the 22nd, McBee of the 88th and others: A bill to amend Code Section 32-4-23 of the Official Code of Georgia Annotated, relating to the Council on Rural Transportation and Economic Development, so as to authorize activities of the council through March 31, 2000. The report 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 1. The Bill, having received the requisite constitutional majority, was passed. 1338 JOURNAL OF THE HOUSE, HR 326. By Representatives Hanner of the 159th, Dixon of the 150th and Bordeaux of the 151st: A resolution creating the Joint Coastal Ground-water Resources Study Committee. The following substitute, offered by Representative Hanner of the 159th, was read and adopted: A RESOLUTION Creating the Joint Coastal Ground-water Resources Study Committee; and for other purposes. WHEREAS, the Upper Floridan Aquifer is the primary source of water for coastal Georgia's drinking water, industrial process water, and irrigation water; and WHEREAS, continued long-term population growth and healthy economic development are highly dependent upon the long-term availability of a source of fresh water from the Upper Floridan Aquifer; and WHEREAS, the Upper Floridan Aquifer is susceptible to salt-water intrusion in several locations in coastal Georgia; and WHEREAS, population and economic growth are placing increasing demands for additional pumpage on the aquifer, thus potentially worsening the salt-water intrusion problem; and WHEREAS, resolving the salt-water intrusion issue and protecting this valuable natural resource likely will require comprehensive, adequately funded scientific planning, public education, and feasibility studies to provide the Environmental Protection Division of the Georgia Department of Natural Resources the information to resolve these long-term water supply problems; and WHEREAS, numerous private citizens, state and local governments, educational institutions, businesses, farmers, trade organizations, and environmental organizations have requested that the Environmental Protection Division perform such studies so that a factually sound strategy can be developed to protect the aquifer from salt-water intrusion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Coastal Ground-water Study Committee to be composed of 28 members, consisting of four members of the Senate to be appointed by the President of the Senate, four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and, as ex-officio members, the Chairperson of the Senate Natural Resources Committee and the Chairperson of the House Committee on Natural Resources and the Environment who shall be co-chairpersons of the study committee. The President of the Senate and the Speaker of the House of Representatives shall also each appoint eight additional members from the following 16 organizations: the Georgia Conservancy, the Sierra Club, the Chatham/Savannah Metropolitan Planning Commission, the Brunswick/Glynn County Water Authority, the Georgia Farm Bureau Federation, the Association County Commissioners of Georgia, the Georgia Municipal Association, the Georgia Rural Water Association, the Georgia Agribusiness Council, the Georgia Forestry Association, the Georgia Poultry Federation, and the five largest permitted coastal Georgia users of the Upper Floridan Aquifer. All such members shall represent interests served by the Upper Floridan Aquifer. The Director of the Environmental Protection Division of the Georgia Department of Natural Resources shall serve in an ex-officio capacity as a member of the committee, and the Deputy Commissioner for Environmental Quality Control of the South Carolina Department of Health and Environmental Quality Control, or his or her designee, shall be invited to serve in an ex-officio capacity as a member of the study committee. Either chairperson may call meetings of the TUESDAY, MARCH 11, 1997 1339 committee. Such appointment shall be made by April 15, 1997, with the first meeting of the study committee to occur by May 15, 1997. BE IT FURTHER RESOLVED that the study committee shall undertake a study of the needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation that the study committee deems necessary or appropriate. These shall include, but are not necessarily restricted to, generally defining the scientific tasks, with associated costs, that should be performed; generally defining the planning effort, with associated costs; defining educational needs, with associated costs; and generally defining mechanisms by which such studies, planning, and education should be funded. The study committee, if it deems appropriate, may consider recommendations for lowering the threshold for permitting and reporting ground-water use, creating a mechanism for transferring of ground-water use permits, entering into agreements with other states utilizing the Upper Floridan Aquifer, and so forth. BE IT FURTHER RESOLVED that there is created an Upper Floridan Aquifer Technical Advisory Committee, consisting of members of the scientific community selected by the co-chairperson of the study committee to assist the committee and EPD in the development of recommendations on the methodology and scope of scientific studies necessary to provide sufficient data to develop a reasonable and rational ground-water management plan, including actions to retard the movement of saltwater toward Upper Floridan Aquifer supply wells. BE IT FURTHER RESOLVED that the study committee may conduct such meetings at such times and places as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes for this resolution. The legislative members of the study committee shall receive the allowances authorized for legislative members of interim committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and House of Representatives. No allowance shall be paid for other members of the committee. In the event the study committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made before December 1, 1997. The study committee shall stand abolished on December 1, 1997, however, the Upper Floridan Aquifer Technical Advisory Committee may continue if so recommended by the findings and report of the study committee. 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 108, nays 2. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HB 487. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the state revenue commissioner to promulgate certain rules and regulations; to authorize the state revenue commissioner to enter into certain agreements; to change provisions regarding the issuance of license plates for government vehicles. The following amendment was read and adopted: Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st move to amend HB 487 by striking "40-3-37" and inserting in its place "40-2-37" on line 1 of page 3. 1340 JOURNAL OF THE HOUSE, The following amendment was read: Representatives Wiles of the 34th, Shipp of the 38th, Ehrhart of the 36th and Manning of the 32nd move to amend HB 487 by striking line 7 of page 1 and inserting in lieu thereof the following: "vehicles; to provide for issuance of special license plates commemorating Civil War battlefields and historic sites in this state; to provide for the design of such license plates; to provide for license fees; to provide for applications for such license plates; to provide for processing of applications; to provide for renewal of license plates; to permit certain nonrefundable surcharges to be imposed by an organization processing applications; to regulate the expenditure of funds generated by such surcharges; to amend various provisions so as to permit the". By inserting between lines 17 and 18 of page 5 the following: "SECTION 3A. Said title is further amended by adding a new Code Section 40-2-50 to read as follows: '40-2-50. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate commemorating Civil War battlefields and historic sites in this state. A county name decal shall be affixed and displayed on each license plate issued under this Code section. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) Each application for a special license plate under this Code section along with all fees required by subsection (a) of this Code section shall be submitted directly to the Civil War Commission established by Ga. L. 1993, p. 1952, which shall retain all applications thereby received for such special license plates until a minimum of 1000 applications have been received, whereupon the applications and fees shall be transmitted to the commissioner. After the receipt of 1000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 1000 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants by the Civil War Commission. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article. (e) The provisions of subsection (d) of this Code section notwithstanding, the Civil War Commission may impose a nonrefundable surcharge to be paid directly to the Civil War Commission by an applicant at the time of application which shall not exceed $20.00 per TUESDAY, MARCH 11, 1997 1341 application; provided, however, that funds generated by any such surcharges shall be expended by the Civil War Commission only for the acquisition of Civil War battlefields in this state and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952.'". On the adoption of the amendment, the ayes were 76, nays 40. The amendment was adopted. The following amendment was read: Representative Coleman of the 142nd moves to amend HB 487 as follows: By deleting Section 3 and renumbering accordingly. On the adoption of the amendment, the ayes were 99, nays 25. The amendment was adopted. The following amendment was read and adopted: Representatives Kaye of the 37th and Baker of the 70th move to amend HB 487 by striking "(b) If on line 27 of page 7 and inserting in its place the following: "(b)(l) As used in this subsection, the term 'digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using i^ and is linked to data in such a manner that if the data are changed the digital or electronic signature is invalidated. {21 If. 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 E Barnard YBames Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn YBurkhalter Y Byrd Y Campbell Canty Y Carter Y Cash YChannell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Y Day DeLoach, B E DeLoach, G E Dii Y Diion, H Y Diion, S Y Dobbs Y Dukes Y Ehrhart E Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Heckstall Y Hegstrom Y Henson Y Holland Holmes Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson E James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones E Joyce Y Kaye Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Roberts Y Rogers 1342 JOURNAL OF THE HOUSE, Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Sneffing Y Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. Representative Roberts of the 162nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SR 63. By Senators Thompson of the 33rd and Clay of the 37th: A resolution designating a portion of Georgia Highway 120 Loop as the "Martin Luther King, Jr., Memorial Highway". The following Committee substitute was read and adopted: A RESOLUTION Designating a portion of Georgia Highway 120 Loop as the "Martin Luther King, Jr., Memorial Highway"; and for other purposes. WHEREAS, Martin Luther King, Jr., was a great American whose legacy is an inspiration to all who dream for a better America; and WHEREAS, the memory of Martin Luther King, Jr., has been honored in communities across the nation by the naming of streets, parks, and other public facilities after him; and WHEREAS, it is only fitting and proper that Martin Luther King, Jr., be likewise honored in this state by designating a portion of Georgia Highway 120 Loop in the vicinity of the City of Marietta in honor of him while retaining and not changing the name of the street known as the North Marietta Parkway. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, while retaining and not changing the name of the street known as the North Marietta Parkway, the portion of Georgia Highway 120 Loop, known as the North Marietta Parkway, from 1-75 west to Cherokee Street in the City of Marietta is dedicated as the "Martin Luther King, Jr., Memorial Highway." BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation. 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 101, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. TUESDAY, MARCH 11, 1997 1343 SR 236. By Senators Thompson of the 33rd and Clay of the 37th: A resolution recognizing Harold S. Willingham and designating a portion of the South Marietta Loop in his honor. The following amendment was read and adopted: Representatives Barnes of the 33rd and Manning of the 32nd move to amend SR 236 as follows: By adding a new sentence between lines '31' and '32' to read, "This designation shall honor Mr. Willingham but not rename the 120 loop." And by striking on line '30' of page (1) the words, Powder Springs, and adding the word Atlanta. 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 100, nays 2. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HB 474. By Representatives Mobley of the 69th, Taylor of the 134th, Turnquest of the 73rd, Teague of the 58th, Ragas of the 64th and others: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require hair nets or restraints for certain persons who handle food in food service establishments. The following Committee substitute was read: A BILL To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require hair nets or restraints for certain persons who prepare food in food service establishments; to provide for civil penalties and notifications; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by adding immediately following Code Section 26-2-373, relating to sanitation standards for food service establishments, a new Code section to read as follows: "26-2-373.1. (a) A person who, in the ordinary course of business in a food service establishment, prepares food which is to be consumed by humans shall wear, when preparing food, appropriate hair nets or restraints to prevent contamination of such food. (b) Notwithstanding the provisions of Code Section 26-2-377, any person who violates subsection (a) of this Code section shall be subject to a civil penalty as follows: (1) For a first offense, neither fine nor punishment, but only a warning; and (2) For a second or subsequent offense, a civil penalty not to exceed $50.00. 1344 JOURNAL OF THE HOUSE, (c) The county board of health or its representative which issues food service establishment permits under this article shall be authorized to impose the penalties authorized under subsection (b) of this Code section and shall provide the permit holder with notice of any violation of subsection (a) of this Code section." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. 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, Hanner of the 159th and Mueller of the 152nd move to amend the Committee substitute to HB 474 as follows: A new subsection (d) after line 3 on page 2 to read as follows: "Hair nets shall not be required of food preparers when the preparer is a volunteer without payment for his/her services and the food is being prepared for a religious, educational, charitable, or non-profit corporation." Representatives McCall of the 90th, Perry of the llth and Powell of the 23rd move to amend the Committee substitute to HB 474 as follows: Page 1 on line 20 add or hats. The following amendment was read and lost: Representative Birdsong of the 123rd moves to amend the Committee substitute to HB 474 as follows: Add after the word "restraints" on line 20 the following: "and latex disposable gloves." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 95, nays 13. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 745. By Representatives Powell of the 23rd and Walker of the 141st: A bill to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability and exclusivity of the "Georgia Arbitration Code," so as to exclude contracts between insurance companies from the exceptions to the code's applicability. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 94, nays 4. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 11, 1997 1345 The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 220. By Senators Thompson of the 33rd, Harbison of the 15th, Brown of the 26th and Boshears of the 6th: 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 require a public hearing prior to the sale or lease of any health care facility owned by a hospital authority; to specify certain terms and conditions for the lease of a health care facility owned by a hospital authority. 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 561 Do Pass HB 703 Do Pass, by Substitute HB 752 Do Pass, by Substitute HB 753 Do Pass SB 209 Do Pass, by Substitute SB 280 Do Pass Respectfully submitted, M Lord of the 121st Chairman Representative Barnes of the 33rd District, Vice-Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 595 Do Pass, by Substitute HB 742 Do Pass, by Substitute HB 804 Do Pass Respectfully submitted, /a/ Barnes of the 33rd Vice-Chairman Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: 1346 JOURNAL OF THE HOUSE, HB 761 Do Pass HB 845 Do Pass HR 398 Do Pass SB 101 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Jamieson of the 22nd District, Vice-Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 706 Do Pass Respectfully submitted, /s/ Jamieson of the 22nd Vice-Chairman Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 13, 1997 THURSDAY, MARCH 13, 1997 1347 Representative Hall, Atlanta, Georgia Thursday, March 13, 1997 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Ashe Bailey Barfoot Barnard Barnes Bates Bohannon Bradford Bridges Brooks Brown Bunn Carter Cash Channell Clark Coan Coleman, B Cooper CrewT Culbreth Davis, G DeLoach, B DeLoach, G Dobbs Epps Everett Felton Floyd Franklin Golden Graves Greene Hammontree Hanner Harbin Heard Hegstrom Henson Holland Hudgens Hudson, H Hugley Jackson James Jamieson Jenkins Johnson Johmton Joyce Kaye Ladd Lakly Lane Lewis Lord Maddox Mann Manning Martin, J.L Massey McCall McClinton McKinney Mills Mobley Mosley O'Neal Parsons Pelote Pinholster Poag Polak Ponder Powell Purcell Ragas Ray Reaves Reichert Rice Richardson Roberts Sanders Scarlett Shanahan Shaw Sherrill Shipp Sims Smith, C Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Taylor Teper Thomas Tillman Titus Tolbert Trense Twiera w J? ,, .. , w? "f.8 Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Anderson of the 116th, Royal of the 164th, Stancil of the 16th, Heckstall of the 55th, Williams of the 63rd, Grindley of the 35th, Scott of the 165th, Walker of the 87th, Parham of the 122nd, Buck of the 135th, Birdsong of the 123rd, Porter of the 143rd, Crawford of the 129th, Howard of the 118th, Hecht of the 97th, Smith of the 19th, Dixon of the 168th, Hudson of the 156th, Benefield of the 96th, Sinkfield of the 57th, Stanley of the 49th, Smyre of the 136th, Irvin of the 45th, Dukes of the 161st, Evans of the 28th, Breedlove of the 85th, Alien of the 117th, Jones of the 71st, Orrock of the 56th, Sauder of the 29th, Parrish of the 144th, Lucas of the 124th, Bordeaux of the 151st, Teague of the 58th, Coleman of the 142nd, Rogers of the 20th, Turnquest of the 73rd, Holmes of the 53rd, Canty of the 52nd, Byrd of the 170th, Lee of the 94th, Walker of the 141st, Stanley of the 50th, Dixon of the 150th, Buckner of the 95th and Snow of the 2nd. They wish to be recorded as present. Prayer was offered by the Reverend Joel Jeffery Fehd, Pastor, New Hope United Methodist Church, Palmetto, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 1348 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 965. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to amend an Act creating the City Court of Jesup, so as to change the terms of such court. Referred to the Committee on State Planning & Community Affairs - Local. HB 966. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to reincorporate and provide a new charter for the City of Odum. Referred to the Committee on State Planning & Community Affairs - Local. HB 967. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th: A bill to provide for the creation of one or more community improvement districts in the City of Valdosta. Referred to the Committee on State Planning & Community Affairs - Local. HB 968. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act providing that the governing authority of the countywide government of Columbus, Georgia, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, so as to authorize such supplements for judges of the superior court. Referred to the Committee on State Planning & Community Affairs - Local. HB 969. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to amend an Act providing for a new Board of Commissioners of Henry County, so as to change the provisions relating to qualifications of the members and chairperson of such board. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, MARCH 13, 1997 1349 HB 973. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 974. 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 chairperson of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 975. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to provide a homestead exemption from certain Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over. Referred to the Committee on State Planning & Community Affairs - Local. HB 976. By Representative Hudson of the 120th: A bill to create a board of elections and registration for Hancock County. Referred to the Committee on State Planning & Community Affairs - Local. HB 980. By Representative McCall of the 90th: A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to allow discretionary employment benefits to be paid to the coroner. Referred to the Committee on State Planning & Community Affairs - Local. HB 981. By Representative Tolbert of the 25th: A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requests for judicial assistance from other courts, so as to provide that magistrates presiding in certain requesting courts need not be qualified to serve as a judge in the requesting court. Referred to the Committee on Judiciary. HB 982. By Representative Clark of the 3rd: A bill to amend an Act creating a board of elections and registration for Catoosa County, so as to change the method of selecting the chairperson of such board. Referred to the Committee on State Planning & Community Affairs - Local. 1350 JOURNAL OF THE HOUSE, HB 983. By Representative Greene of the 158th: A bill to amend an Act incorporating the City of Shellman in the County of Randolph, so as to change the corporate limits of the city. Referred to the Committee on State Planning & Community Affairs - Local. HB 984. By Representative Massey of the 86th: A bill to provide a homestead exemption from certain Barrow County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead of certain residents of that county. Referred to the Committee on State Planning & Community Affairs - Local. HB 985. By Representative Massey of the 86th: A bill to provide a homestead exemption from Barrow County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over. Referred to the Committee on State Planning & Community Affairs - Local. HB 986. By Representative Ray of the 128th: A bill to create the Byron 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 of promotion of tourism, trade, and conventions for Byron. Referred to the Committee on State Planning & Community Affairs - Local. HB 987. By Representatives Wiles of the 34th, Irvin of the 45th and Ehrhart of the 36th: A bill to amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1996-1997. Referred to the Committee on Appropriations. HB 988. By Representatives Twiggs of the 8th and Jamieson of the 22nd: A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, so as to change the manner in which local fair share funds are calculated in certain circumstances. Referred to the Committee on Education. HB 989. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Banks County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, MARCH 13, 1997 1351 HB 990. By Representative Hudgens of the 24th: A bill to amend an Act establishing the board of commissioners of Madison County, so as to allow the board to change the day for meetings of the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 991. By Representatives Purcell of the 147th and Greene of the 158th: A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide that any trailer pulled by a semitrailer must bear an appropriate identifying sign. Referred to the Committee on Transportation. HB 992. By Representatives Stanley of the 49th, Stanley of the 50th, McClinton of the 68th, McKinney of the 51st and Skipper of the 137th: A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to administrative procedure, so as to provide requirements for the promulgation of administrative rules. Referred to the Committee on Judiciary. HB 993. By Representatives Martin of the 47th, Walker of the 141st and Skipper of the 137th: A bill to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to prohibit corporations and limited liability companies from being represented in trial or appellate court by anyone other than an attorney at law. Referred to the Committee on Judiciary. HB 994. By Representatives Randall of the 127th, Reichert of the 126th, Ray of the 128th and Graves of the 125th: A bill to change certain provisions creating the Civil Service System and Board of Bibb County pursuant to an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, so as to change the definition of a certain term; to change the provisions relating to the hearing of appeals and complaints respecting the administrative work of the secretary. Referred to the Committee on State Planning & Community Affairs - Local. HB 995. By Representatives Alien of the 117th and Kaye of the 37th: A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy of children, so as to provide that a father of an illegitimate child who has established paternity may share parental power and custody with the mother under certain circumstances. Referred to the Committee on Judiciary. HB 996. By Representative Smith of the 175th: 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 prohibit the charging of a fee for the right to broadcast a high school sporting event when such event takes place on property supported by state, local, or board of education funds. Referred to the Committee on Education. 1352 JOURNAL OF THE HOUSE, HB 997. By Representative Hammontree of the 4th: A bill to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in governmentally supported or operated schools other than public schools in Georgia, so as to provide for creditable service for prior service in certain overseas American supported schools. Referred to the Committee on Retirement. HR 481. By Representatives Crews of the 78th, Irvin of the 45th, Ehrhart of the 36th, Stancil of the 16th, Mills of the 21st and others: A resolution amending the Rules of the House of Representatives. Referred to the Committee on Rules. HR 484. By Representative Smith of the 169th: A resolution designating the Pfc James Robert Googe Memorial Bridge. Referred to the Committee on Transportation. HR 485. By Representative Smith of the 169th: A resolution designating the Pfc Clarence Loman Gaskins Memorial Bridge. Referred to the Committee on Transportation. HR 486. By Representative Smith of the 169th: A resolution designating the Corporal Wherry L. "Dub" Abercrombie Memorial Bridge. Referred to the Committee on Transportation. 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 1008. By Representatives Cummings of the 27th, Richardson of the 26th and Murphy of the 18th: A bill to provide a minimum annual salary for the judge of the juvenile court of the Tallapoosa Judicial Circuit; to provide for increases in such salary; to prohibit the practice of law by such judge. Referred to the Committee on State Planning & Community Affairs - Local. HB 1013. By Representative Crawford of the 129th: 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 change procedures relating to review of pretrial proceedings in cases in which the death penalty is sought. Referred to the Committee on Judiciary. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: THURSDAY, MARCH 13, 1997 1353 HB 941 HB 942 HB 943 HB 944 HB 948 HB 951 HB 952 HB 953 HB 954 HB 955 HB 956 HB 957 HB 958 HB 959 HB 960 HB 961 HB 962 HB 963 HB 964 HB 970 HB 971 HB 972 HB 977 HB 978 HB 979 HR 464 HR 465 HR 466 HR 467 HR 470 HR 482 HR 483 SB 171 SB 226 SB 274 SB 325 SB 346 SR 214 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 755 Do Pass Respectfully submitted, /s/ Sinkfield of the 57th Chairman Representative Porter of the 143rd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 299 Do Pass HB 863 Do Pass, by Substitute SB 21 Do Pass SB 50 Do Pass, by Substitute Respectfully submitted, /s/ Porter of the 143rd Chairman Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: 1354 JOURNAL OF THE HOUSE, HB 704 Do Pass HB 837 Do Pass, by Substitute HR 360 Do Pass SB 166 Do Pass, by Substitute SB 263 Do Pass, by Substitute Respectfully submitted, M Lane of the 146th Chairman Representative Hudson of the 156th 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 714 Do Pass HB 888 Do Pass, by Substitute SB 14 Do Pass Respectfully submitted, M Hudson of the 156th 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 following recommendations: HB 615 Do Pass HB 869 Do Pass Respectfully submitted, /a/ 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 of the House and has instructed me to report the same back to the House with the following recommendation: HB 528 Do Pass, by Substitute Respectfully submitted, M Hanner of the 159th Chairman Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report: THURSDAY, MARCH 13, 1997 1355 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 791 Do Pass, by Substitute HB 812 Do Pass, by Substitute HB 868 Do Pass, by Substitute SB 8 Do Pass SB 247 Do Pass Respectfully submitted, /s/ Twiggs of the 8th Chairman Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 425 Do Pass HR 464 Do Pass, by Substitute 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 801 Do Pass, by Substitute HB 846 Do Pass, by Substitute HB 953 Do Pass HB 957 Do Pass SB 31 Do Pass, by Substitute SB 282 Do Pass Respectfully submitted, /s/ Randall of the 127th Chairman Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 242 Do Pass, by Substitute SR 213 Do Pass 1356 JOURNAL OF THE HOUSE, 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 House and has instructed me to report the same back to the House with the following recommendations: HB 356 Do Pass, by Substitute HB 663 Do Pass, by Substitute HB 803 Do Pass, by Substitute 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 925 Do Pass HB 927 Do Pass, as Amended HB 928 Do Pass, as Amended HB 931 Do Pass HB 933 Do Pass HB 935 Do Pass SB 189 Do Pass SB 294 Do Pass SB 323 Do Pass SB 338 Do Pass SB 342 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following 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 848 Do Pass, by Substitute HR 395 Do Pass, by Substitute HR 402 Do Pass, by Substitute HR 424 Do Pass HR 434 Do Pass HR 470 Do Pass HR 482 Do Pass SB 116 Do Pass SB 120 Do Pass SR 214 Do Pass Respectfully submitted, /s/ Benefield of the 96th Chairman THURSDAY, MARCH 13, 1997 1357 The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 13, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below: HB 32 Counties and municipalities; cert real property; competitive bids HB 330 Pharmacists & pharmacies; comprehensive revision of provisions HB 398 Speed detection devices; radar; sheriffs approve use HB 409 QBE; authorized curriculum; include driver's education HB 500 Alcoholic bev; municipalities; prohibit certain liquor stores HB 531 Special co 1% sales tax; purposes; include fire-fighting equipment HB 557 Georgia Forensic Sciences Act of 1997; enact HB 570 Financial institutions; certain checks; prohibit fee for cashing HB 592 Venue; long-arm statute; amend provisions HB 624 State & local govts; cert motor vehicles; identifying markings HB 630 Financial institutions; automated teller machines; fees HB 635 Elections; write-in candidates; notice of intent; change date HB 650 Handicapped persons; community trusts; successor trusts HB 706 Hotel-motel tax; international and maritime trade center authorities; amend provisions HB 866 Golf Hall of Fame Authority Act; enact HR 249 Graduate Medical Education Study Commission; create HR 379 Air quality standards; urge EPA to reaffirm HR 401 Fulton County; lease property SB 273 Elections - identification required (Hill of the 4th) ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE. 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 925. By Representative Purcell of the 147th: A bill to provide for a general homestead exemption from certain ad valorem taxes levied by Effingham County for county purposes in the amount of $4,000.00; to provide for definitions; to provide a homestead exemption from such taxes in the amount of $2,000.00 for certain persons aged 65 years and older. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1358 JOURNAL OF THE HOUSE, HB 927. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the provisions relating to the powers of the mayor and board of aldermen. The following amendment was read and adopted: The Committee on State Planning and Community Affairs - Local moves to amend HB 927 by striking "1997" and inserting in its place "1998" on line 5 of page 2. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. HB 928. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the provisions relating to the elections of the mayor and aldermen. The following amendment was read and adopted: The Committee on State Planning and Community Affairs - Local moves to amend HB 928 by striking "1997" and inserting in its place "1998" on line 28 of page 3. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. HB 931. By Representatives Hanner of the 159th, Greene of the 158th and Ponder of the 160th: A bill to provide supplements to the salaries of the judges of the superior courts of the Pataula Judicial Circuit. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 933. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment of additional members and their terms of office. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 935. By Representative Tillman of the 173rd: A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, MARCH 13, 1997 1359 SB 189. By Senators Ray of the 48th, Balfour of the 9th, Burton of the 5th and others: A bill to provide for the qualifications of the chief magistrate and magistrate of the Magistrate Court of Gwinnett County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 294. By Senators Ray of the 48th, Burton of the 5th, Tysinger of the 41st and others: A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption so as to change the provisions relating to income requirements; to provide for a referendum. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 323. By Senator Madden of the 47th: A bill to provide a homestead exemption from certain Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 338. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the members of the board of commissioners; to repeal provisions relating to the compensation of the members of the board of commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 342. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor-general. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: 1360 Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Bohannon Bordeaux Y Bradford Breedlove Y Bridges N Brooks Y Brown YBuck Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper JOURNAL OF THE HOUSE, Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham YParrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Porter Y Powell YPurcell YRagas Randall YRay Reaves Y Reichert YRice Y Richardson Y Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Scott YShanahan YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Smith, V YSmyre Y Snelling Snow Y Stalling!! Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Taylor Teague YTeper Thomas YTilhnan Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bills, the ayes were 146, nays 1. The Bills, having received the requisite constitutional majority, were passed. Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 352. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor-general of said court. SB 353. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. THURSDAY, MARCH 13, 1997 1361 SB 355. By Senators Starr of the 44th and Glanton of the 34th: A bill to create the Clayton Collaborative Authority; to declare the need for the authority; to declare the purposes and objectives of the authority; to provide for the powers of the authority; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members. HB 721. By Representative Orrock of the 56th: A bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, so as to provide for the selection of the medical examiner of Fulton County and such person's term of office and compensation. HB 806. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. HB 807. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the duties and powers of the chairperson. HB 838. By Representative Perry of the llth: A bill to provide a $40,000.00 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. SB 161. By Senators Johnson of the 1st, Land of the 16th, Brush of the 24th and others: A bill to enact the "School Safety Act"; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled; to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to provide for due process procedures for disciplinary proceedings. SB 182. By Senators Kemp of the 3rd, Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd: A bill to amend Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, so as to provide for reasonable fees and expenses of legal counsel as allowed expenses in certain circumstances. SB 224. By Senator James of the 35th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for a definition; to provide for medical payments coverage as optional coverage for all private passenger automobile insurance coverage offered in this state. 1362 JOURNAL OF THE HOUSE, SB 227. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd: A bill to amend Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to bombs, explosives, and chemical and biological weapons, so as to provide for an additional term of imprisonment for violations done with the intent to cause death, bodily injury, or physical damage to a public building which would require expenditure exceeding a specified amount. SB 292. By Senators Taylor of the 12th, Brown of the 26th, Hooks of the 14th and others: A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Education Authority (University), so as to change a definition; to change the membership of the authority; to change provisions relating to the issuance of revenue bonds; to change provisions relating to the manner of sale and price of bonds; to change a provision relating to rentals; to change a provision relating to accounts. SB 315. By Senators Stokes of the 43rd, Scott of the 36th, Thomas of the 10th 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 appointments and terms of members of the Board of Directors. SB 349. By Senator Hooks of the 14th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change provisions relating to state relations with nonprofit organizations providing services and facilities to the state; to define terms; to provide for required financial reporting and other reporting; to provide for audits; to provide for review by the state auditor; to provide for required corrective actions. The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House: HB 94. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd 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 provide authorization with certain conditions for certain local consolidated governments to levy such tax. HB 417. By Representative Jamieson of the 22nd: 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 with respect to purchasing or retrofitting certain single-family homes with accessibility features. THURSDAY, MARCH 13, 1997 1363 The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House: HB 67. By Representative McBee of the 88th: A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Training Council, so as to change the membership of the council; to change the number of members required for a quorum. HB 165. By Representatives Stancil of the 16th and Pinholster of the 15th: A bill to amend Code Section 48-8-102 of the Official Code of Georgia Annotated, 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. HB 508. By Representative Skipper of the 137th: 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax. The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 2. By Senators Glanton of the 34th, Thomas of the 10th and Gochenour of the 27th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses. SB 25. By Senators Oliver of the 42nd, Egan of the 40th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, so as to repeal certain provisions relating to the qualifications of the state school superintendent. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 2. By Senators Glanton of the 34th, Thomas of the 10th and Gochenour of the 27th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses. Referred to the Committee on Motor Vehicles. 1364 JOURNAL OF THE HOUSE, SB 25. By Senators Oliver of the 42nd, Egan of the 40th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, so as to repeal certain provisions relating to the qualifications of the state school superintendent. Referred to the Committee on Education. SB 161. By Senators Johnson of the 1st, Land of the 16th, Brush of the 24th and others: A bill to enact the "School Safety Act"; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled; to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to provide for due process procedures for disciplinary proceedings. Referred to the Committee on Education. SB 182. By Senators Kemp of the 3rd, Tanksley of the 32nd, Ray of the 48th and others: A bill to amend Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, so as to provide for reasonable fees and expenses of legal counsel as allowed expenses in certain circumstances. Referred to the Committee on Judiciary. SB 220. By Senators Thompson of the 33rd, Harbison of the 15th, Brown of the 26th 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 require a public hearing prior to the sale or lease of any health care facility owned by a hospital authority; to specify certain terms and conditions for the lease of a health care facility owned by a hospital authority. Referred to the Committee on Health & Ecology. SB 224. By Senator James of the 35th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for a definition; to provide for medical payments coverage as optional coverage for all private passenger automobile insurance coverage offered in this state. Referred to the Committee on Insurance. THURSDAY, MARCH 13, 1997 1365 SB 227. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd: A bill to amend Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to bombs, explosives, and chemical and biological weapons, so as to provide for an additional term of imprisonment for violations done with the intent to cause death, bodily injury, or physical damage to a public building which would require expenditure exceeding a specified amount. Referred to the Committee on Special Judiciary. SB 292. By Senators Taylor of the 12th, Brown of the 26th, Hooks of the 14th and others: A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Education Authority (University), so as to change a definition; to change the membership of the authority; to change provisions relating to the issuance of revenue bonds; to change provisions relating to the manner of sale and price of bonds; to change a provision relating to rentals; to change a provision relating to accounts. Referred to the Committee on University System of Georgia. SB 315. By Senators Stokes of the 43rd, Scott of the 36th, Thomas of the 10th 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 appointments and terms of members of the Board of Directors. Referred to the Committee on State Planning & Community Affairs. SB 349. By Senator Hooks of the 14th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change provisions relating to state relations with nonprofit organizations providing services and facilities to the state; to define terms; to provide for required financial reporting and other reporting; to provide for audits; to provide for review by the state auditor; to provide for required corrective actions. Referred to the Committee on State Planning & Community Affairs. SB 352. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor-general of said court. Referred to the Committee on State Planning & Community Affairs - Local. SB 353. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. Referred to the Committee on State Planning & Community Affairs - Local. 1366 JOURNAL OF THE HOUSE, SB 355. By Senators Starr of the 44th and Glanton of the 34th: A bill to create the Clayton Collaborative Authority; to declare the need for the authority; to declare the purposes and objectives of the authority; to provide for the powers of the authority; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members. 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: Honorable Pierre Howard Honorable Thomas B. Murphy FROM: Mark H. Cohen DATE: March 11, 1997 RE: Line Item Vetoes in House Bill 34 Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 34: Section 39, Page 36 Section 44, Page 53, Third Paragraph Section 50, Page 55, Item (g) Section 50, Page 55, First Paragraph after Item (g) Section 60, Page 57 The veto messages are attached for each item referenced above. MHC:mc Attachment cc: Honorable Frank Eldridge, Secretary of the Senate Honorable Robert E. Rivers, Jr., Clerk, House of Representatives Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Lewis A. Massey, Secretary of State GOVERNOR'S VETOES IN HOUSE BILL 34 Section 39 pertaining to the Department of Administrative Services, page 36, lines 1596 through 1598: This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatiable with an 800 mega hertz system. We now believe that a limited number of communication equipment purchases THURSDAY, MARCH 13, 1997 1367 need to be made for security and safety reasons that may not be compatible with an 800 mega hertz system. The Office of Planning and Budget will issue a policy guideline relative to communications equipment purchases which will address budgetary approval and technical review requirements. Section 44 pertaining to the Department of Medical Assistance, page 53, lines 2333 through 2334: This language excludes pharmacy services from the department's HMO pilot and allows acute care hospitals to contract with the department on a non-risk capitated rate. Pharmacy benefits are an essential part of the primary care for which HMOs assume risk. Appropriate drug therapy is an integral part of medical treatment. In order to manage the cost of care for recipients within the capitation rates, the HMOs must be able to manage pharmacy benefits. Therefore, the exclusion of pharmacy services from the HMO pilot may jeopardize the viability of the Medicaid HMO program by making that program unattractive to prospective HMOs. The exclusion of pharmacy services from the HMO pilot program may compromise the ability of the Department of Medical Assistance to achieve savings in state funds. Moreover, most HMOs in both the public and private sector do not exclude pharmacy services. An analysis of other state managed care programs found that 27 out of the 30 states had pharmacy services included in the managed care contract, and two of the three that do not currently include such services will be modifying their managed care plans to place pharmacy services back in the plans in order to provide higher quality patient care. An analysis of private sector health benefit initiatives indicates a significant trend towards complete managed care contracting for all covered services, including pharmacy services. This language has been vetoed previously. Section 50 pertaining to the Department of Transportation, page 55, lines 2393 through 2394: This provision allows the Department of Transportation to retain income derived from the sale of intermodal aircraft to finance the expansion of the state aircraft facility at Charlie Brown Airport. This provision was originally inserted several years ago when the Department moved the state aircraft facility from DeKalb-Peachtree Airport to Charlie Brown Airport. Funds are no longer required for expansion purposes and this language is unnecessary. This language has been vetoed previously. Section 50 pertaining to the Department of Transportation, page 55, lines 2395 through 2398: HB 34 authorizes the Department 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. All executive branch agencies are legally authorized 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 number of positions in each budget function is not specified in the Governor's budget recommendations to the General Assembly or in the annual Appropriations Act. Therefore, this language is unnecessary. This language has been vetoed previously. Section 60 pertaining to federal funds, page 57, lines 2499 through 2503: 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 to amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously. 1368 JOURNAL OF THE HOUSE, Representative Kaye of the 37th 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. Representative Parham of the 122nd arose to a point of personal privilege and addressed the House. Representative Coleman of the 142nd 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 487. By Representative Royal of the 164th: A resolution commending the Pelham High School Lady Hornets basketball team on winning the Class A State Championship and inviting the team and its coaches to appear before the House of Representatives. HR 489. By Representatives Roberts of the 162nd, Dukes of the 161st and Everett of the 163rd: A resolution commending the Dougherty County High School basketball team and inviting the team and its coach to appear before the House of Representatives. By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs - Local and referred to the Committee on Judiciary: HB 963. By Representatives Crawford of the 129th, Yates of the 106th and Sanders of the 107th: A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that circuit. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 531. By Representatives Birdsong of the 123rd, Ray of the 128th, Jenkins of the 110th and Royal of the 164th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to THURSDAY, MARCH 13, 1997 1369 change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, is amended by striking subparagraph (a)(l)(H) and inserting in lieu thereof a new subparagraph (a)(l)(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 capital equipment te> epettrte seh facilities, airport facilities^ and or related capital equipment te operate such used in the operation of public safety or airport facilities, or both any combination of such purposes; or". SECTION 2. This Act shall become effective on July 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 substitute, 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 Bailey Baker Y Bannister Y Barfoot Y Barnard YBarnes Y Bates Y Benefield YBirdnong Y Bohannon Bordeaux Y Bradford Breedlove E Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Perry Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Shanahan YShaw Y Sherrill Y Shipp Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 154, nays 1. 1370 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substitute. HR 379. By Representatives McCall of the 90th and Hanner of the 159th: A resolution urging the United States Environmental Protection Agency to reaffirm the existing air quality standards for ozone and particulate matter. The following amendment was read and adopted: The Committee on Natural Resources and Environment moves to amend HR 379 by striking on line 8 of page 2 the words "GENERAL ASSEMBLY" and substituting in lieu thereof the words "HOUSE OF REPRESENTATIVES". By striking the words "General Assembly", wherever they appear, and substituting in lieu thereof the words "House of Representatives". The following amendment was read and adopted: Representatives Hanner of the 159th and McCall of the 90th move to amend HR 379 as follows: Strike on page 2 line 14 thru line 20. Insert in lieu Be it Further Resolved that, if EPA proposes to adopt more stringent standards for ozone or PM, that such decision be based on consideration of sound science and economics. The following amendment was read: Representatives Dobbs of the 92nd and Polak of the 67th move to amend HR 379 by striking lines 2 and 3 on Page 1 and insert the following: "set air quality standards based upon scientific evidence of the actual effect of air quality on human health and the environment and the actual effects of air quality standards on the economy and industry's ability to adapt; and for other purposes." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe N Bailey Y Baker N Bannister N Baifoot N Barnard YBarnes N Bates NBenefield N Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Brooks N Brown N Buck Y Buckner N Bunn N Buikhaltet N Byrd N Campbell Canty N Carter N Cash N Channell Y Childers N Clark N Coan N Coleman, B Coleman, T N Connell N Cooper N Crawtord N Crews N Culbreth N Cummings Y Davis, G N Davis, M E Day N DeLoach, B N DeLoach, G Dix N Dixon, H N Dixon, S Y Dobbs Y Dukes N Ehrhart N Epps N Evans Everett N Felton N Floyd N Franklin N Golden N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Heard Y Hecht Y Heckstall Y Hegstrom Y Henson N Holland Y Holmes N Howard N Hudgens N Hudson, H N Hudson, N Y Hugley N Irvin N Jackson James N Jamieson Jenkins Johnson Y Johnston N Jonea N Joyce N Kaye N Ladd N Lakly Y Lane N Lee N Lewis N Lord N Lucas N Maddox N Mann N Manning Y Martin, J Y Martin, J.L N Massey Y McBee THURSDAY, MARCH 13, 1997 1371 NMcCall Y McClinton McKinney N Mills YMobley NMosley NMueller YO'Neal Y Orrock Parham NParrish N Parsons Y Pelote Perry NPinholster NPoag YPolak N Ponder Y Porter NPowell N Purcell Y Ragas Y Randall N Ray N Reaves Y Reichert N Rice N Richardson Y Roberts N Rogers N Royal N Sanders N Sauder N Scarlett E Scheid N Scott Y Shanahan N Shaw Y Sherrill N Shipp Y Sims Y SinkHeld N Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V Y Smyre N Snelling N Snow Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas N Tillman Y Titus N Tolbert N Trense Turnquest N Twiggs Walker, L N Walker, R.L N West N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 47, nays 116. The amendment was lost. The following substitute, offered by Representatives Dobbs of the 92nd and Polak of the 67th, was read: A RESOLUTION Urging the United States Environmental Protection Agency to set air quality standards based upon scientific evidence of the actual effect of air quality on human health and the environment and the actual effects of air quality standards on the economy and industry's ability to adapt; and for other purposes. WHEREAS, the U.S. Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM); and WHEREAS, the EPA is considering establishing a more stringent ozone standard and a new more stringent standard for particulate matter at or below 2.5 microns (PM 2.5); and WHEREAS, Georgia, its local jurisdictions, businesses, and citizens have supported health based National Ambient Air Quality Standards (NAAQS) that are premised on sound science, medicine, and economic indicators; and WHEREAS, Georgia has made progress toward meeting current National Ambient Air Quality Standards (NAAQS) for ozone under the Clean Air Act amendments of 1990, although the Atlanta area has not yet come into compliance with the current standard; and WHEREAS, all of Georgia meets the current standards for particulate matter; and WHEREAS, Georgia, its local jurisdictions, businesses, consumers, and taxpayers have borne considerable cost to come into compliance with the current NAAQS for ozone and particulate matter and it is unclear whether the compliance model which is used to measure compliance is accurate; and WHEREAS, the proposed new standards may significantly expand the number of nonattainment areas for both ozone and particulate matter, which could result in additional emission controls in some areas and could impose significant economic, administrative, and regulatory burdens on Georgia, its citizens, businesses, and local governments; and WHEREAS, there are many unanswered questions and scientific uncertainties regarding the health and environmental effects of particulate matter and of its effects on the economy of Georgia's industry. 1372 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the House of Representatives advises and urges the EPA to consider scientific and economic evidence as well as the accuracy of the measuring method before setting new standards or reaffirming the existing NAAQS for ozone. BE IT FURTHER RESOLVED that the House of Representatives advises and urges the EPA to consider scientific and economic evidence as well as the accuracy of the measuring method before setting new particulate standards or reaffirming the existing NAAQS for PM10. BE IT FURTHER RESOLVED that the House of Representatives advises and urges the EPA to refrain from establishing a new NAAQS for PM 2.5 at this time, unless the necessary PM 2.5 monitoring data has been gathered and all necessary research needed to address the issue of causality and other critical and important unanswered specific questions concerning PM 2.5 has been conducted. BE IT FURTHER RESOLVED that the House of Representatives calls on the EPA to conduct a cost benefit analysis, including medical cost avoidance, as required by law on these and other regulations. BE IT FURTHER RESOLVED that the House of Representatives advises and strongly urges the EPA to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies and the people as well as health and environmental burdens and benefits that would result from the proposed changes to the NAAQS for ozone and particulate matter. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Georgia congressional delegation, the Administrator of the U.S. Environmental Protection Agency, and other appropriate administration officials. On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe N Bailey N Baker N Bannister NBarfoot N Barnard YBarnes N Bates N Benefield N Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown NBuck Y Buckner N Bunn N Burkhalter NByrd N Campbell Canty N Carter NCash N Channel! Y Childers N Clark NCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M EDay N DeLoach, B N DeLoach, G Dix N Dixon, H N Dixon, S YDobbs YDukea N Ehrhart NEpps N Evans N Everett N Felton N Floyd N Franklin N Golden N Graves N Greene N Grindley N Hammontree N Banner N Harbin Y Heard N Hecht Y Heckstall Y Hegstrom Y Henson N Holland Y Holmes N Howard N Hudgens N Hudson, H N Hudson, N Y Hugley NIrvin N Jackson James N Jamieson Jenkins Johnson Y Johnston N Jones N Joyce NKaye NLadd NLakly YLane NLee N Lewis NLord N Lucas Y Maddox NMann N Manning N Martin, J Y Martin, J.L N Massey Y McBee NMcCall Y McClinton McKinney N Mills Y Mobley N Mosley N Mueller Y O'Neal YOrrock Par ham N Parrish N Parsons Y Pelote Perry N Pinholster NPoag YPolak N Ponder Y Porter N Powell N Purcell YRagas YRandell NRay N Reaves Y Reichert NRice N Richardson Y Roberts N Rogers N Royal N Sanders N Sauder N Scarlett E Scheid N Scott YShanahan NShaw Y Sherrill N Shipp N Sims Y Sinkfield N Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague THURSDAY, MARCH 13, 1997 1373 YTeper Y Thomas NTillman N Titus N Tolbert NTrense Turnquest NTwiggs Walker, L N Walker, R.L N West N Westmoreland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Murphy, Spkr On the adoption of the Floor substitute, the ayes were 43, nays 124. The Floor substitute was lost. The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: N Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard NBarnes Y Bates Y Benefield YBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck N Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! N Childers Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S NDobbs N Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht N Heckstall N Hegstrom Y Henson Holland N Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall N McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal N Orrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag NPolak Y Ponder Y Porter Y Powell Y Purcell YRagas NRandall YRay Y Reaves Y Reichert YRice Y Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan YShaw N SherriU Y Shipp YSims N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P N Taylor NTeague NTeper N Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, as amended, the ayes were 143, nays 25. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HB 635. 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 change the inclusive dates of notification of intent for write-in candidates for general and special elections conducted under the provisions of such title applicable to primaries and elections generally. The following Committee substitute was read: A BILL To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide for certain new definitions; to amend certain definitions; 1374 JOURNAL OF THE HOUSE, to remove the authority of the Secretary of State to designate hearing officers in certain candidate qualification challenge proceedings; to provide that certain time periods applicable to primaries and elections generally include Saturdays, Sundays, and legal holidays; to provide for a mechanism for resignation from and filling of vacancies on boards of counties having no board of elections and in which the judge of probate court is a candidate; to amend provisions relating to terms of service on such boards; to change the method of determining the distribution of qualifying fees in primaries and elections generally; to change the inclusive dates of notification of intent for write-in candidates for general and special elections; to provide for the time of qualification of candidates for presidential elector; to provide that the state executive committee of a party may fill a vacancy in any party nomination; to change provisions relating to the presidential candidate selection committee and the certification of candidates; to delete certain provisions relating only to the 1992 and 1996 primaries; to provide that the Secretary of State and election superintendents shall reject nominating petition signatures and pages not in conformance with law; to change certain provisions relating to form and submission of such petitions; to change certain provisions relating to absentee ballots; to provide for certain changes in the procedures relating to registration of voters, precinct cards, and the official list of voters; to change certain provisions relating to ballot labels in nonpartisan primaries; to provide for separate vote recorders for each party in primaries; to authorize nonpartisan poll watchers and to incorporate certain State Election Board rules into the provisions governing poll watchers; to make certain provisions governing general primary qualification applicable to special primaries; to amend certain provisions relating to nomination in nonpartisan primaries; to provide for setting the date of second primaries, elections, and runoffs in contested general primaries, elections, and runoffs; to amend certain procedures relating to appeals of judgments in such contests; to clarify certain provisions relating to dates of special primaries and special elections generally; to change certain provisions regarding the printing of certain candidates' names on election ballots and ballot labels in elections and primaries generally; to provide for public access to polling places during the official count; to provide for related matters; to provide for an effective date; to repeal conflicting lews; 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 by striking in its entirety Code Section 21-2-2, relating to definitions applicable to primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-2 to read as follows: "21-2-2. As used in this chapter, the term: (1) 'Ballot card* means the tabulating or punch card upon which an elector records his or her vote by the use of a vote recorder. 'Ballot card" also means a ballot upon which an elector records his or her vote for tabulation by an optical scan tabulating machine. (2) 'Ballot labels' means the cards, paper, or other material placed on the front of a voting machine or vote recorder containing the names of offices and candidates and statements of questions to be voted on. (2.1) 'Call' or 'the call,' as used in relation to special elections or primaries, means the affirmative action taken by the responsible public officer to cause a special election or primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action. (3) 'Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder for the primary or election and with instructing the poll officers in the use of same. (4) 'Election' means any general or special election and shall not include a primary. (5) 'Election district' is synonymous with the terms 'precinct' and 'voting precinct.' THURSDAY, MARCH 13, 1997 1375 (6) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and shall have registered in accordance with this chapter. (7) 'General election' means an election recurring at stated intervals fixed by law; and the words 'general primary' mean a primary recurring at stated intervals fixed by law. (8) 'Independent' means a person unaffiliated with any political party or body. (9) 'Managers' means the chief manager and the assistant managers required to conduct primaries and elections in any precinct in accordance with this chapter. (10) 'Municipality' means an incorporated municipality. (11) 'Nomination' means the selection, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election. (12) 'November election' means the general election held on the Tuesday next following the first Monday in November in each even-numbered year. (13) 'Numbered list of voters' means one or more sheets of uniform size containing consecutively numbered blank spaces for the insertion of voters' names at the time of and in the order of receiving their ballots or number slips governing admissions to the voting machines. (14) 'Oath' shall include affirmation. (15) 'Official ballot' means a paper ballot which is furnished by the superintendent in accordance with Code Section 21-2-280. (16) 'Official ballot label' means a ballot label prepared in accordance with Article 9 of this chapter and delivered by the superintendent to the poll officers in accordance with Code Sections 21-2-328 and 21-2-360. (17) 'Paper ballot' or 'ballot' means the forms described in Article 8 of this chapter. The term 'paper ballot' shall not include a ballot card. (18) 'Party nomination' means the selection by a political party, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election. (18.1) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast in an election among the candidates for the same office provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total votes cast in the election for the office sought there is no plurality. (19) 'Political body' or 'body' means any political organization other than a political party. (20) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office, except that the term 'political organization' shall not include a 'subversive organization' as defined in Part 2 of Article 1 of Chapter 11 of Title 16, the 'Sedition and Subversive Activities Act of 1953.' (21) 'Political party' or 'party' means any political organization which at the preceding: (A) Gubernatorial election nominated a candidate for Governor and whose candidate for Governor at such election polled at least 20 percent of the total vote cast in the state for Governor; or (B) Presidential election nominated a candidate for President of the United States and whose candidates for presidential electors at such election polled at least 20 percent of the total vote cast in the nation for that office. (22) 'Polling place' means the room provided in each precinct for voting at a primary or election. (23) 'Poll officers' means the chief manager, assistant managers, and clerks required to conduct primaries and elections in any precinct in accordance with this chapter. (23.5) 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with this chapter, within which all electors vote at one polling place. 1376 JOURNAL OF THE HOUSE, (24) 'Primary' means any election held for the purpose of electing party officers or nominating candidates for public offices to be voted for at an election. (25) 'Public office' means every federal, state, and county office to which persons can be elected by a vote of the electors under the laws of this state, except that the term shall not include the office of soil and water conservation district supervisor. (26) 'Question' means a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election. (27) 'Residence' means domicile. (28) 'Special election' means an election that arises from some exigency or special need outside the usual routine. (29) 'Special primary' means a primary that arises from some exigency or special need outside the usual routine. (30) 'Superintendent' means either the judge of the probate court of a county or the county board of elections2 the county board of elections and registration, the joint city-county board of elections, or the joint city-county board of elections and registration, if a county has such. (31) 'Swear' shall include affirm. (32) 'Tabulating machine' means any data processing machine used in counting ballot cards and tabulating votes thereon. (33) Reserved. (34) 'Vote recorder' means a device into which a ballot card may be inserted so that an elector may record his or her vote for any candidate and for or against any question by punching or marking the ballot card. (34.1) Voter' is synonymous with the term 'elector.' (35) 'Voting machine' shall not include a vote recorder or tabulating machine. (36) 'Write-in ballot' means the paper or other material on which a vote is cast for persons whose names do not appear on the official ballot." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 21-2-5, relating to qualifications of candidates for federal and state office and determination of qualifications, and inserting in lieu thereof a new Code Section 21-2-5 to read as follows: "21-2-5. (a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought. (b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon own his or her motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is setting requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The Seerctmy Or otstc is fluthonzod to dcsij^ifttc flny mciirtw^r of 1119 otiicc fts "ft ftcftrm^f otiicci* wtto siiftii DC flutilor izGu to conduct & ficflnng fop tiic purpose of receiving tcs11mony regarding the qualifications ef- any candidate. The hearing effieer administrative law judge shall report his or her findings to the Secretary of State. (c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or THURSDAY, MARCH 13, 1997 1377 reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. (d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are: (1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law." SECTION 3. Said chapter is further amended by striking in its entirety Code Section 21-2-14, relating to computation of time under said chapter, and inserting in lieu thereof a new Code Section 21-2-14 to read as follows: "21-2-14. Unless otherwise stated, time periods under this chapter include Saturdays, Sundays, and legal holidays. When the last day for the exercise of any privilege or the discharge of any duty prescribed or required by this chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty." SECTION 4. Said chapter is further amended by striking in its entirety Code Section 21-2-74, relating to creation of a board in counties having no board of elections and in which the judge of probate court is a candidate, and inserting in lieu thereof a new Code Section 21-2-74 to read as follows: "21-2-74. (a) If a county does not have a board of elections and if the judge of the probate court of that county is a candidate, with opposition, for any public office in a primary or election, a board to be composed of the judge of the probate court who shall serve as chairperson, of an elector of the county named by the state Democratic executive committee, and of an elector of the county named by the state Republican executive committee shall assume the duties of the election superintendent for any such primary or election. (b) In selecting a person to serve, the state executive committee is authorized to seek the recommendation of the county executive committee, if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the committee shall desire to consult. 1378 JOURNAL OF THE HOUSE, (c) Within five days after the close of qualifying, the judge of the probate court shall notify the state Democratic and Republican party executive committees in writing of the need to appoint a member of the board. The state executive committees shall have 14 days from the close of qualifying to appoint their respective members of the board. If the state executive committee of a party has not notified the judge of the probate court of its appointment by the close of business on the fourteenth day after the close of qualifying, the judge of the probate court shall notify the chief judge of the superior court of the county. The chief judge shall appoint an elector of the county to serve on the board within seven days following the notice from the judge of the probate court. A board member may resign by giving written notice to the probate judge. In the event of the death, resignation, or other vacancy of the position of an appointed board member, the probate judge shall immediately notify the state executive committee of the appropriate party of such vacancy, and the state executive committee shall promptly fill such vacancy. If the state executive committee has not filled such vacancy within seven days after notification of such vacancy by the probate judge, the probate judge shall notify the chief judge of the superior court of the county of such vacancy and the chief judge shall appoint a person to serve within seven days after being so notified. (d) The judge of the probate court shall swear in the other board members and shall instruct the other board members concerning their duties on the board. The board members shall begin service on the board on the date on which they take their oath as members of the board and shall serve until the judge of the probate court no longer has opposition or is no longer a candidate for public office2 whichever comes first. (e) Appointed board members shall receive a per diem of $55.00 per day for each day of service on the business of the board. Such fees shall be paid from county funds." SECTION 5. Said chapter is further amended by striking in its entirety Code Section 21-2-130, relating to procedures for qualification of candidates in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-130 to read as follows: "21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if 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; (4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party; (5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively; (6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132; (7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; or (8) Nomination in a nonpartisan primary for the office ef jadge ef- a state court, jdge as prescribed in ede Section 21-2 138." SECTION 6. Said chapter is further amended by striking in its entirety Code Section 21-2-131, relating to fixing and publication of, payment of, and distribution of qualifying fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows: "21-2-131. THURSDAY, MARCH 13, 1997 1379 (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 75 percent to be retained by the state politi- cal party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds te the governing authority ef- the county e* counties i tllC dl9tN T tti WlllCIl TnG CAUd1dQtC FUR9) SUCll ICCS TO DC QppilCQ tOWftFd tUC COSt Ol holding the pnmflry fliwi election. TT trie ottice 9outfit Dy tiie cctndidste "is tilled Dy tiic vote of electors of inop& tiiftri one county, sucti tee sfio.il oe divided flmoii trie counties involved proportion te the vote east by each- county the preceding presidential election divided among the governing authorities of the counties in the candidate's district in proportion to the population of each such county according to the last United States decennial census, such fees to be applied to the cost of holding the elec- tion; (3) Qualification fees paid to the superintendent of the county: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the county; and 1380 JOURNAL OF THE HOUSE, (B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the county shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: (A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and (B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election." SECTION 7. Said chapter is further amended by striking in its entirety Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new Code Section 21-2-132 to read as follows: "21-2-132. (a) The names of nominees of political parties nominated in a primaryj the names of nominees of political parties for the office of presidential elector, and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section. (b) Candidates seeking nomination in a nonpartisan primary shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. Candidates seeking election in a nonpartisan election for an office that the General Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the requirements of subsections (c) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots, (b.l) All candidates seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. THURSDAY, MARCH 13, 1997 1381 (c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election 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 incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking nomination or election 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. (e) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county of his or her residence eligible to vote in the election in which he or she is a candidate; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and (8) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter. 1382 JOURNAL OF THE HOUSE, The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy. (f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 of any candidate who has filed a qualifying petition as provided for in subsection (g) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be sup- ported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is THURSDAY, MARCH 13, 1997 1383 used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing." SECTION 8. Said chapter is further amended by striking in its entirety Code Section 21-2-133, relating to giving of notice of intent by write-in candidates, and inserting in lieu thereof a new Code Section 21-2-133 to read as follows: "21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to the a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or (2) In a general or special election of county officers, to the superintendent of elections in the county in which he or she is to be a candidate and by publication in the official organ of the same county. (b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1) or (2) of subsection (a) of this Code section, a copy of the notice as published with an affidavit stating that the notice has been published and including the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. (c) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. (d) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. (e) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State." SECTION 9. Said chapter is further amended by striking in its entirety Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows: 1384 JOURNAL OF THE HOUSE, "21-2-134. (a)(l) A candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office, or the county superintendent, if nominated for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate. (2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. (b)(l) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (A) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairperson and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-thirds' majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination THURSDAY, MARCH 13, 1997 1385 made by the state executive committee or a subcommittee thereof appointed for the purpose; (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. (2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows: (A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or (B) In the event no person received the vote total required under subparagraph (A) of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate. (3) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate less than 60 days prior to the 1386 JOURNAL OF THE HOUSE, date of the election shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate. (c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the withdrawal, death, or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) If the withdrawal, death, or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased, withdrawn, or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540. (e) In the event a candidate withdraws, dies, or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner: (1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and (2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairperson and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairperson and secretary. Every such certificate of nomination shall be sworn to by the chairperson and secretary before an officer qualified to administer oaths." SECTION 10. Said chapter is further amended by striking in its entirety Code Section 21-2-150, relating to date of general and nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows: "21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or THURSDAY, MARCH 13, 1997 1387 Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted. (d) In 1006, stteb primary sfeaH be held eft the second Tuesday July. Notwithstanding ppimfljy WHICH ts FCQtiircci to 00 zicict on me ttiipct i ucsdfly ift uuiy'( lyi/o^ siiflir mot DC conducted e that date, feat shall be held- OR the second Tuesday i July, 1006." SECTION 11. Said chapter is further amended by striking in its entirety Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new Code Section 21-2-153 to read as follows: "21-2-153. (a) A candidate for any party nomination in a primary may qualify by either of the two following methods: (1) Payment of a qualifying fee pursuant to Code Section 21-2-131; or (2)(A) The submission of a pauper's affidavit by any candidate who has filed a qualifying petition as provided for in subsection (a.l) of this Code section, by which the candidate under oath affirms his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (B) If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit and financial statement shall be presented to the county political party; otherwise, the candidate shall file his or her pauper's affidavit and financial statement with the state political party. (a.l) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office 1388 JOURNAL OF THE HOUSE, for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. (b) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office if he or she: (1) Meets the requirements of such procedural rules; (2) Is eligible to hold the office which he or she seeks; (3) Is not prohibited from being nominated or elected by provisions of Code Section 21-2-7 or 21-2-8; and (4) If party rules so require, affirms his or her allegiance to his or her party by signing the following oath: 'I do hereby swear or affirm my allegiance to the (name of party) Party.' (c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, THURSDAY, MARCH 13, 1997 1389 notwithstanding the fact that any such days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary. (d)(l) Within two hours after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located. (2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in paragraph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn, or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor. (e) Bach candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and (8) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter. (f) Candidates for the office of presidential elector who have been nominated in accordance with the rules of a political party shall qualify beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays." SECTION 12. Said chapter is further amended by striking in its entirety Code Section 21-2-154, relating to certification of political party candidates in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows: "21-2-154. (a) At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Such certification shall be accompanied by the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) of subsection (c) of Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. (b) Any candidate whose name does not appear on the list of candidates posted by a county executive committee or the state executive committee pursuant to subsection (d) of Code Section 21-2-153 shall not be certified under this Code section; provided, however, that the name of a candidate who has properly qualified whose name has been left 1390 JOURNAL OF THE HOUSE, off of the list of candidates through inadvertence or clerical error may be placed upon such list upon the filing of an affidavit by the county executive committee or the state executive committee, as appropriate, attesting to such inadvertence or error. The county executive committee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c)(2)(A) of Code Section 15-16-1, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section 48-5-210." SECTION 13. Said chapter is further amended by striking in its entirety Code Section 21-2-171, relating to examination of nomination petitions, and inserting in lieu thereof a new Code Section 21-2-171 to read as follows: "21-2-171. (a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be permitted to be filed if: (1) It contains material errors or defects apparent on the face thereof; (2) It contains material alterations made after signing without the consent of the signers; or (3) It does not contain a sufficient number of signatures of registered voters as required by law. The Secretary of State or any superintendent shall review the petition for compliance with the provisions of Code Section 21-2-170 and shall disregard any pages or signatures that are not in conformance with the provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet. (b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine the petition to determine if it complies with the law. During such examination the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he or she should reside more than 100 miles from the place of hearing by the nearest practical route; provided, however, that the officer may compel the taking of his or her testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his or her deputy, or agent of the officer shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail; and the production of an appropriate return receipt issued by the United States post office shall constitute prima-facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall THURSDAY, MARCH 13, 1997 1391 be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his or her last known address. In neither case shall the petition be returned to the candidate. (c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application beinr made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable; and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his or her decision and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot if the court should so determine." SECTION 14. Said chapter is further amended by striking in its entirety Code Section 21-2-183, relating to form of nomination petitions, and inserting in lieu thereof a new Code Section 21-2-183 to read as follows: "21-2-183. (a) A petition to qualify a political body to nominate candidates for public office by convention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet2 prior to being signed by any petitioner, shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. (b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth: (1) The residence address of the circulator; (2) That each signer manually signed such signer's own name with full knowledge of the contents of the political body qualifying petitions; (3) That, to the best of the affiant's knowledge and belief, the signers are registered voters of the State of Georgia, qualified to sign the petition; (4) That their respective residences are correctly stated in the petition; and (5) That they all reside in the county named in the affidavit." SECTION 15. Said chapter is further amended by striking in its entirety Code Section 21-2-185, relating to filing deadline for nomination petition, and inserting in lieu thereof a new Code Section 21-2-185 to read as follows: "21-2-185. No petition to qualify a political body shall be submitted to the Secretary of State for verification after 12:00 Noon on the first Tuesday in August second Tuesday in July." SECTION 16. Said chapter is further amended by striking in its entirety Code Section 21-2-187, relating to holding of conventions and filing notice of candidacy, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows: "21-2-187. 1392 JOURNAL OF THE HOUSE, Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21-2-186 21-2-172 in order to qualify its candidates to be listed on the general election ballot." SECTION 17. Said chapter is further amended by striking in its entirety Code Section 21-2-191, relating to parties entitled to hold primaries, and inserting in lieu thereof a new Code Section 21-2-191 to read as follows: "21-2-191. As provided in this article, a presidential preference primary shall be held in 1992 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992, and on the first Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than December 31 in the year preceding the year in which the presidential preference primary is to be held." SECTION 18. Said chapter is further amended by striking in its entirety Code Section 21-2-193, relating to selection of candidates to appear on ballot, and inserting in lieu thereof a new Code Section 21-2-193 to read as follows: "21-2-193. {a}Not later than December 31 in the year preceding the year in which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published by the Secretary of State in a newspaper of general circulation in the state during the first week of January in the year in which the presidential preference primary is to be helci The name ef any candidate for a politicfli pflfty of Dody noiuinfltion tor trie oiiice of .^resident of tnc united otfltcs sft&ii we printed upon the ballot used in such primary upon th direction f a presidential candidflte &cicc11OR comm11166 compos6d of ft nomvot1n cfiftippersoft who snfiil 06 trio becre fVnOJTTJj tfj\fi CQT-fI/nQiLf>C mtinifuj tvhiioc Q o^nJoCntltriifuTr ortrf jt-itiicp tiJJr.UnUin9Cn onrf Trv-?ufrj>jrrncnsncniiJtTti>i+'iivtrenBn, +i/Tiiinc m lunnijnurrii+LiJr livornuHuncrr norf tfee political parties and bodies whe conduct a presidential preference primary pursuant te Code Section 21-2-101. The Secretary ef State, during the fourth week 4n November ppepftfe Uld pllDllSfl ft Il9t or HftHH63 Or pOtCH* 1Q1 pP691Q.6Iretftx CftHQIdfltCS WI10 dTC 6H6FTM oily fluvocQtcQ of fcconiE6d m news i&Gdifl tfirou^riout trie united bttttes sts sspipftnts THURSDAY, MARCH 13, 1997 1393 presidential preference primary in this state; provided, however, that the Secretary ofotQtG siiAix not include on SUCH list tne nAme of ony poten11&i pPCsiden11Al cflndidAte who, if elected te the office ef President ef the United States, would be ineligible wider the Constitution and tews ef- the United States te serve in such elected office. The Secretary ef State shaH atee submit such list ef names ef potential presidential candidates the yea* which a presidential preference primary is held. !Fhe selection committee 9tiftit meec ift AtiAntft duping trie iipst wcoit Hi ueccni Def1 Or tne yeAP ppccedin tne yeAP1 in which a presidential preference primary is held, en a date publicly announced by the chairperson. Each person designated by the Secretary ef State as a presidential candidAtc siiftii Qppcflp upon tlie oAiiot 01 me AppfopPiAte poiiticAl pAPty OP oody unless flii committee members ef the same political party er body as the candidate agree te delete such candidate's name from the ballot. !Fhe selection committee shall publicly announce and submit the names ef presidential candidates whe shaH appear en the presidential r*rJTr> n|-ir llflll/vfr tf\ tVir FxPfTftfirV nf f'ltflfj' Tl rt Ifltrr thflTt til A PTl H ftf t\\f* fJ1*ot Tirnplr f\f December ef the year preceding the yea* a presidential preference primary is held. Net teter than December W ef each year preceding the year in -which presidential prefer enee primary is hekl; the Secretary ef State shaH notify each potential presidential canctiuQte ciC9in&tfr oy trie comm'rttcc TOP inclusion on tne ppimflfy~ D&llot* oucn snoiz DC m wpitift oy te^istered OF ceftiiicu. mctii witii return receipt requested. (b) Any presidential candidate whese nae is net selected by the Secretary ef State er whose nafise is deleted by tie selection committee may request, writing, te the chair persen ef the selection committee, per te December -16 ef -each year preceding the year in which a presidential preference primary is held, that saeh candidate's name- be pteeed- prcccding the year k which a prcaidcntiol preference primary is held, the Secretary ef State shall convene the committee te consider seh requests; provided, however, that the committee shait net consider any request te place the- name ef any potential presidential cctfiuidQic on trie Dcuiov tr 9ucn potontiQi pi?e9idenTifti cmo,icitte) tr elected to tfie oiiice of i^resiQcnt of tne United otdtcs^ would oe ineiiiDie. if &ny memoep 01 the selection committee ef the same political party er bedy as the candidate requests that seh candi- vO pidcc tnc c&ndiufttc 9 nctme on Tfte oftiiotr w itnin rive dftys flitcf 9ucn meeting, tfte sccrcttiry OT ottitc stiAii notiiy tne poten11&i ppesidcntifti c&ndidAte wnetne? of not sucn candidate's name wiH appear OR the ballot." SECTION 19. Said chapter is further amended by striking in its entirety Code Section 21-2-194, relating to procedure for withdrawal of candidates, and inserting in lieu thereof a new Code Section 21-2-194 to read as follows: "21-2-194. Reserved. A candidate's name shall be printed en the appropriate primary ballot unless saeh candidate oubmits te the Secretary ef State by 12:00 Noon, December 31; in each year preceding the year which a presidential preference primary is held, an affidavit stating without qualification that sweh persen is net new and- docs net presently intend 4-vv Hrpfimr A< rn n H i H ntn fnr ^tva fiffid* nf T^rr'iiiHnTi'i' of f"Vir TTnitpH Rtjitpq nt tKp iTftf'fiTniTiir nominating convention ef such person's political party er body. If a candidate withdraws pupsuAn c to tni9 oode section, tne oecpctflpy of otAte sfiflii notiiy tne stftte executive SECTION 20. Said chapter is further amended by striking in its entirety Code Section 21-2-224, relating to registration deadlines, restrictions on voting, official list of electors, and voting proce- dures when portion of county changes from one county to another in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-224 to read as follows: 1394 JOURNAL OF THE HOUSE, "21-2-224. (a) If any person whose name is not on the list of registered electors desires to vote at any general primary, general election, or presidential preference primary, such person shall make application as provided in this article by the close of business on the fifth Monday or, if such Monday is a legal holiday, by the close of business on the following business day prior to the date of such general primary, general election, or presidential preference primary. (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 provided 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 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, 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 fifth Monday prior to the date of the special primary or election or, if such 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 conjunction with a general primary, general election, or presidential preference primary or special 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 elections. (d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be entitled to vote in any primary or election; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election. (e) The official list of electors eligible to vote in any primary or election shall be prepared and completed at least five calendar days prior to the date of the primary or election in which the list is to be used. (f) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee THURSDAY, MARCH 13, 1997 1395 ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. (g) All persons whose names appear on the list of electors placed in the possession of the managers in each precinct and no others except as otherwise provided in this article shall be allowed to deposit their ballots according to law at the precinct in which they are registered. (h) When any portion of a county is changed from one county to another, the persons who would have been qualified to vote in the county from which taken, at the time of any primary or election, shall vote in the county to which they are removed; and, if required to swear or certify, the oath or certification may be so qualified as to contain this fact. The name of such elector shall be kept and checked as provided in Code Section 21-2-228." SECTION 21. Said chapter is further amended by striking in its entirety Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, notice of ineligibility, and issuance of registration cards in primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-226 to read as follows: "21-2-226. (a) It shall be the duty of the county board of registrars to determine the eligibility of each person applying to register to vote in such county. (b) Upon finding an elector eligible to vote in the county, the county board of registrars shall have the duty of determining and placing the elector in the proper congressional district; state Senate district; state House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any; such other voting districts, if any; and precinct. (c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipal registrar a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. (d) Each person submitting an application for voter registration shall be notified of the disposition of such application. In the event that the person is found ineligible, the person shall be notified of the reasons for ineligibility. Such notices shall be sent to the person in writing by nonforwardable, first-class mail at the mailing address listed on the application. (e) Each elector found eligible to be registered to vote by the board of registrars shall be issued a card which shall contain the elector's name and address, a block or space for the elector's signature, the date of the elector's registration, the name and location of the elector's polling place or polling places if the county and municipal polling places are not the same, and the designation of the elector's congressional district; state Senate district; state House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any, and such other voting districts, if any. On the reverse side of the card, there shall be printed instructions which shall indicate the procedure to be followed in the event of the change of address of the elector. In the event an elector changes residences within the county in which an elector is registered to vote, the elector may change such elector's address by returning the card to the board of registrars of such county indicating the new address. Upon receipt of such card, the board of registrars shall make the 1396 JOURNAL OF THE HOUSE, necessary changes in the elector's registration records and issue a new card to the elector. In the event that an elector's precinctj polling place, or voting district or districts change, a new card shall be issued to the elector reflecting such changes. When the boundaries of a precinct are changed, all affected electors shall be sent a new card prior to the next primary or election. The form of such cards shall be determined by the Secretary of State. The issuance of such cards shall be sufficient as a notification of the disposition of an application for voter registration under this Code section, provided that such cards are sent by nonforwardable, first-class mail. (f) In the event that the registrars are required to issue voters new cards under subsection (e) of this Code section due to changes in districts or precincts as a result of reapportionment or court order, the registrars may apply to the Secretary of State prior to June 30 of each year for reimbursement of the costs of postage with respect to mailing such cards during the 12 month period ending on June 30 of that year. The Secretary of State shall receive all such applications and shall, no later than June 30 of each year, reimburse the counties for such costs from funds specifically appropriated for that purpose. In the event that the total amount of the requests for reimbursement exceeds the funds appropriated for reimbursement, the Secretary of State shall reimburse the counties on a pro rata basis. In the event that no funds are specifically appropriated for reimbursement, no such reimbursement shall be made." SECTION 22. Said chapter is further amended by striking in its entirety Code Section 21-2-227, relating to duty of registrars to furnish list of electors for elections held in governmental subdivisions, and inserting in lieu thereof a new Code Section 21-2-227 to read as follows: "21-2-227. Whenever the authority of a governmental subdivision within a county who is charged with the responsibility of holding elections shall request the board of registrars of the county to furnish a list of electors qualified to vote in the election involved and residing within the limits of such subdivision, it shall be the duty of the board of registrars to prepare promptly and furnish such a list at no charge." SECTION 23. Said chapter is further amended by striking in its entirety Code Section 21-2-228, relating to duties of county board in determining eligibility and examination of electors' qualifications in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-228 to read as follows: "21-2-228. (a) The board of registrars of each county shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector of the county whose name is entered upon the list of electors and shall not be limited or estopped by any action previously taken. (b) For the purpose of determining the qualification or disqualification of applicants and electors, the board of registrars may, upon at least three days' notice, require the production of books, papers, and other material and, upon like notice, may subpoena witnesses. The board may swear any witness appearing before it. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of a majority of the registrars shall control. (c) The sheriff, any deputy sheriff, or any lawful constable of such county shall serve all summonses, notices, and subpoenas issued by such registrars and placed in the hands of any such official. Such official shall receive such compensation as is provided for like services in the superior court. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported immediately by the registrars to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. THURSDAY, MARCH 13, 1997 1397 (d) If the right of any person to remain on the list of electors is questioned by the registrars, they shall give such person at least three days' written notice of the date, time, and place of a hearing to determine such right which shall be served upon such person either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of this Code section for other notices. (e) If, after conducting a hearing, the registrars find that the elector is not qualified to remain on the list of electors, the registrars shall remove the name of such elector from the list of electors. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of this Code section for other notices. (f) An elector whose name is removed from the list of electors in accordance with this Code section shall have a right of appeal of such decision to the superior court of the county by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand." SECTION 24. Said chapter is further amended by striking in its entirety Code Section 21-2-229, relating to challenge of applicant for registration by other electors in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-229 to read as follows: "21-2-229. (a) Any elector of the county may challenge the qualifications of any person applying to register to vote in the county and may challenge the qualifications of any elector of the county whose name appears on the list of electors. Such challenges shall be in writing and shall specify the grounds of the challenge. (b) Upon such challenge being filed with the board of registrars, the registrars shall set a hearing on such challenge. Notice of the date, time, and place of the hearing shall be served upon the person whose qualifications are being challenged along with a copy of such challenge and upon the elector making the challenge. The person being challenged shall receive at least three days' notice of the date, time, and place of the hearing. Such notice shall be served either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228. (c) The burden shall be on the elector making the challenge to prove that the person being challenged is not qualified to remain on the list of electors. The board of registrars shall have the authority to issue subpoenas for the attendance of witnesses and the production of books, papers, and other material upon application by the person whose qualifications are being challenged or the elector making the challenge. The party requesting such subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the subpoenas by application to the superior court. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. (d) After the hearing provided for in this Code section, the registrars shall determine said challenge and shall notify the parties of their decision. If the registrars uphold the challenge, the person's application for registration shall be rejected or the person's name removed from the list of electors, as appropriate. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228 for other notices. (e) Either party shall have a right of appeal from the decision of the registrars to the superior court by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the other parties and the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand." 1398 JOURNAL OF THE HOUSE, SECTION 25. Said chapter is further amended by striking in its entirety Code Section 21-2-231, relating to lists of convicted felons, persons declared mentally incompetent, and deceased persons and removal of names from list of electors in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-231 to read as follows: "21-2-231. (a) The clerk of the superior court 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 prescribed 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 were convicted of a felony involving moral turpitude during the preceding calendar month in the county. (b) The judge of the probate court 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 prescribed 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 were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (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 prescribed 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. (d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall eauao transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names fee removed from the list of electors and shall eaase mail a notice of such action and the reason therefor te be set to the last known address of such persons by first-class mail." SECTION 26. Said chapter is further amended by striking in its entirety Code Section 21-2-284, relating to form of official primary ballot, and inserting in lieu thereof a new Code Section 21-2-284 to read as follows: "21-2-284. (a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL PRIMARY BALLOT OF _____ PARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (V) mark in the square opposite the name of each 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.' (c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secretary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. (d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the THURSDAY, MARCH 13, 1997 1399 primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check(V)mark. (e) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require. (f) Notwithstanding any ethei provision ef-tew te the contrary, with respect te the gecrflJ. pPimory ncid ift AI/UO] D0.110ts Wfiicii t^& m coniomiQ.nc v& fill provisions or tins chapter egeept forth* date of the election printed en the baHet may be used- m the- ge- SECTION 27. Said chapter is further amended by striking in its entirety Code Section 21-2-285, relating to form of official election ballot in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-285 to read as follows: "21-2-285. (a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved: (1) To vote for presidential electors, mark a cross (X) or check(V)mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check (V)mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. (2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited. (c) Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in 1400 JOURNAL OF THE HOUSE, votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check(V)mark. (d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column. (e) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United umn te the fight ef- the column listing the ether candidates ef 9eh party er body. (f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (V)mark unless otherwise directed by the General Assembly. (g) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require." SECTION 28. Said chapter is further amended by striking in its entirety Code Section 21-2-325, relating to form of ballot labels in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-325 to read as follows: "21-2-325. (a) The ballot labels shall be printed in black ink upon clear, white, or pastel colored material, of such size as will fit the ballot frame, and in plain, clear type so as to be easily readable by persons with normal vision. (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than 75 words. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. (c) The ballot label for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party or body. (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot labels. THURSDAY, MARCH 13, 1997 1401 (e) The names of all candidates nominated by a party or body shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body, provided that the names of individual candidates for presidential elector shall not appear upon the ballot labels, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President shall be printed ea a single ballot label, together with the name of such party or body. (f) The form and arrangement of ballot labels shall be prepared by the superintendent. (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 candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates in 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 nomination 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. If a nonpartisan primary is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan primary also. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking nomination in a nonpartisan primary 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 BALLOT.' (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, the superintendent may arrange for the names of all the candidates seeking nomination 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 shall appear on all machines, (j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493." SECTION 29. Said chapter is further amended by striking in its entirety Code Section 21-2-355, relating to use of separate vote recorders for each party in primaries generally, and inserting in lieu thereof a new Code Section 21-2-355 to read as follows: "21-2-355. In primaries, separate vote recorders may shall be used for each political party. If- the same vote recorder is used for two e* mere political parties e the same dayj the ballot corus of cfieri pfirty 9iiUi DC cicflpiy idGntiticd dud so dcsi^ncd trist only votes co.9t tor candidates ef that party wiH be counted by the tabulating machine." 1402 JOURNAL OF THE HOUSE, SECTION 30. Said chapter is further amended by striking in its entirety Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee ballots by qualified absentee electors in primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-381.1 to read as follows: "21-2-381.1. (a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress. (b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State. (c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot. (d) Upon receipt of said application, the superintendent registrars shall issue the special write-in absentee ballot which shall be prescribed and provided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office." SECTION 31. Said chapter is further amended by striking in its entirety Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new Code Section 21-2-386 to read as follows: "21-2-386. (a)(l) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of absentee voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee clcctora voters and three copies of the numbered list of rejected absentee electors voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot THURSDAY, MARCH 13, 1997 1403 was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. (2) After 5:00 P.M. and until the closing of the polls on the day of the primary or election, the registrars shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrars or poll workers must be present before commencing. (b) After the close of the polls on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precinct containing the county courthouse. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as prescribed above. (b.l) Notwithstanding any provision ef law te the contrary, with respect te th presidential preference primary te be feeW in 1002 the beard ef registrars shall tiao keep safely and unopened aH official absentee ballots received front absentee electors after ?f60 P.M. OR tllC QflXG Or R& pFG91Q.GlTtl8l pFC 1C FCHCG priDlftFy DUt HO IfltCP tflfl.Il O!UU Ir.JVl. Oil tllC fourteenth day following the date of the presidential preference primary which are pest- fiftftnt Oft Of DCIOPC tflC QfttC Or tftC plCSluCIltlftl pFClCFCHCC pFlIIIftfy AT OIUU ,F..lVi OH the fourteenth day following the date of the presidential preference primary the regis- aaffie manner as absentee ballots ate ordinarily counted. (c) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast. (d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. The board of registrars shall promptly notify the elector of such challenge." SECTION 32. Said chapter is further amended by striking in its entirety Code Section 21-2-388, relating to cancellation of absentee ballots of electors who are present in election precinct during primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-388 to read as follows: "21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from 1404 JOURNAL OF THE HOUSE, the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of the elector's residence during the time the polls are open in any primary, election, or runoff for which the elector has requested an absentee ballot or if the elector's circumstances change and the elector is no longer eligible to vote by absentee ballot under Code Section 21-2-380, such elector shall have the absentee ballot canceled in one of the following ways: (1) By surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent; (2) By appearing in person before the registrars and requesting in writing that the envelope containing the elector's absentee ballot be marked 'Canceled.' After having satisfied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the possession of the registrars, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast." SECTION 33. Said chapter is further amended by striking in its entirety Code Section 21-2-390, relating to delivery of election materials to clerk of superior court after primary or election generally, and inserting in lieu thereof a new Code Section 21-2-390 to read as follows: "21-2-390. All official absentee ballots; applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars shall transmit all canceled, spoiled, and unused absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court to be held with other election materials as provided in Code Section 21-2-500. The registrars shall also transmit an accounting of all absentee ballots, including the number furnished by the superintendent registrars, the number issued to electors, the number spoiled, and the number unused." SECTION 34. Said chapter is further amended by striking in its entirety Code Section 21-2-408, relating to designation, authority, and removal of poll watchers in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-408 to read as follows: "21-2-408. (a) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairman chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each precinct, such poll watchers to be THURSDAY, MARCH 13, 1997 1405 selected by the committee from the list submitted by party candidates. In addition, candidates running in a nonpartisan primary shall be entitled to designate one poll watcher in each precinct. Official poll watchers wiH shall be given a letter signed by the party chairman chairperson and secretaryj if designated by a political party, or by the nonpartisan candidate, if designated by the nonpartisan candidate, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county in which the poll watcher is to serve. (b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by the independent candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county in which the poll watcher is to serve. (c) In counties using vote recorders, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan primary or nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers. (d){e> Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and the precinct or tabulating center in which the poll watcher shall serve. The poll watcher shall wear such badge at all times while serving as a poll watcher. (e){d) No person shall be appointed or be eligible to serve as a poll watcher in any primary or election in which such person is a candidate." SECTION 35. Said chapter is further amended by striking in its entirety Code Section 21-2-455, relating to canvass and return of votes in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-455 to read as follows: "21-2-455. 1406 JOURNAL OF THE HOUSE, (a) If the type of voting machine provided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then make visible the registering counters and, for that purpose, shall unlock and open the doors, or other covering concealing the same, giving full view of all the counter numbers. If the voting machine is equipped with a mechanism for printing paper proof sheets the poll officers shall immediately print not less than four proof sheets and as many more as may be requested by those present, to the extent of the machine's capacity. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. The counters shall not be read consecutively along the party or body rows or columns but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next. (b) The vote as registered shall be entered by the poll officers, in ink, on duplicate return sheets and also on a general return sheet and statement, all of which, after the canvass is completed, shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general or duplicate return sheets or statement, he or she shall write his or her reasons therefor upon such sheets. The vote for presidential electors shall be computed and returned as provided in subsection (e) of Code Section 21-2-452. If more than one voting machine is used in any precinct, the vote registered on each machine shall be ascertained in like manner and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate and for and against each question shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of electors who have voted, as shown by the numbered list of voters, electors list, and voter's certificates, and the number on each machine, as shown by the public counters. The number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine and the number or other designation of each machine used shall also be entered thereon. In the case of primaries, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns and all other reports have been fully completed and checked by the poll officers. During such time, any candidate e* his representative anyone who may desire to be present shall be admitted to the polling place. (c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by the chief manager, who shall read the name of each candidate, the designation or designating numbers and letters of his or her counters, and the vote registered on each counter, as well as the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the paper proof sheets, as the case may be, and any necessary corrections shall then and there be made by the poll officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed in or upon the voting machine shall be enclosed in properly sealed packages and properly endorsed and shall be delivered by the chief manager as provided in this part. The chief manager shall promptly deliver to the superintendent or his or her representative the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certifi- cate of the poll officers stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls. THURSDAY, MARCH 13, 1997 1407 (d) The poll officers, on the returns provided for in this Code section, shall record any votes which have been cast by means of a write-in ballot for a person whose name is not printed on the ballot labels. In returning any such votes which have been written, deposited, or affixed upon receptacles or devices provided for the purpose, the poll officers shall record any such names exactly as they were written, deposited, or affixed." SECTION 36. Said chapter is further amended by striking in its entirety Code Section 21-2-493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof a new Code Section 21-2-493 to read as follows: "21-2-493. (a) The superintendent shall, at or before 12:00 Noon on the day following the primary or election, at his or her office or at some other convenient public place at the county seat, of which due notice shall have been given as provided by Code Section 21-2-492, publicly commence the computation and canvassing of the returns and continue the same from day to day until completed. For this purpose the superintendent may organize his or her assistants into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various precincts of the county in the manner provided by this Code section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county and sign, announce, and attest the same, as required by this Code section. (b) The superintendent, before computing the votes cast in any precinct, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each precinct or the number of ballots cast. If, upon consideration by the superintendent of the returns and certificates before him or her from any precinct, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of electors in such precinct or exceeds the total number of persons who voted in such precinct or the total number of ballots cast therein, such excess shall be deemed a discrepancy and palpable error and shall be investigated by the superintendent; and no votes shall be recorded from such precinct until an investigation shall be had. Such excess shall authorize the summoning of the poll officers to appear immediately with any primary or election papers in their possession. The superintendent shall then examine all the registration and primary or election documents whatever, relating to such precinct, in the presence of representatives of each party, body, and interested candidate. Such examination may, if the superintendent deems it necessary, include a recount or recanvass of the votes of that precinct and a report of the facts of the case to the district attorney where such action appears to be warranted. (c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct, or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies, or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists. (d) In precincts in which voting machines have been used, the superintendent may require a recanvass of the votes recorded on the machines used in the precinct, as provided in Code Section 21-2-495. (e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the 1408 JOURNAL OF THE HOUSE, number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent. (f) In precincts in which voting machines have been used, there shall be read from the general return the identifying number or other designation of each voting machine used and the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after the close of the same, whereupon the assistant having charge of the records of the superintendent showing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place shall publicly announce the numbers so registered; and, unless it appears that such records and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent. (g) In precincts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return which has been returned unsealed; and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all precincts shall be compared by one of the assistants with the tally papers from the respective precincts. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, tally papers, and other papers in his or her possession relating to the same precinct. If the tally papers and sealed general return sheet agree, the unsealed general return shall be immediately corrected to conform thereto. But in every other case the superintendent shall immediately cause the ballot box of the precinct to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives; and, if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession, (h) In precincts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return sheet which has been returned unsealed; and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed. If the voting machine is of the type equipped with a mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, proof sheets, and other papers in his or her possession relating to the same precinct. Such proof sheets shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima facie accurate; and, if the proper proof sheets, properly identified, shall be mutually consistent and if the general and duplicate returns, or either of them, from such precinct shall not correspond with such proof sheets, they shall be corrected so as to correspond with same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent. (i) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraudulent or erroneous returns presented to him or her, and shall report the facts to the appropriate district attorney for action, (j) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the precinct of the elector casting such ballot, (k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by THURSDAY, MARCH 13, 1997 1409 the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent, in the manner required by this chapter. (1) In case the results of an election contest change the returns so certified, a corrected return shall be certified and filed by the superintendent, making such corrections as the court orders. (m) Notwithstanding any provision ef law te the contrary, with rcapcet te the prcaidcntial preference primary te be held in 1002, the superintendent shall begin te compute and consolidate the returns fees* each precinct and aH absentee ballots east through 3&Q P.M. en the date ef the presidential preference primary net later than 12:00 Noon e the day following the date ef the presidential preference primary 4 accordance with the procedures set forth in this Code section. Upon the conclusion ef- the consolidation, the superintendent shall announce the restilts ef th consolidation bat shall net certify the consolidft*ion At ot DCIOFC isiuu INOOH on trie f111ccHtii dfty ioliowin^j ttic dfttc ot the prcoidcntiol preference primary, the superintendent shall compute and convoaa the the date ef- the presidential preference primary but by 6^0 P.M. en the fourteenth day following the date ef the presidential preference primary which were postmarked e ef befere the date ef the presidential preference primary. These returns shall be added te the consolidation ef the votes previously prepared and a final consolidation ef the vetes 9iicm DC ccptuieci &nd tiled sts OVFICF CCPtiiicfttioris ex cicctton results flnct &u election materials shall then be distributed in accordance with the provisions ef this chapter." SECTION 37. Said chapter is further amended by striking in its entirety Code Section 21-2-501, relating to vote required for nomination or election, and inserting in lieu thereof a new Code Section 21-2-501 to read as follows: "21-2-501. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. 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 postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. With eighth day following the 1006 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 election runoff shall be a continuation of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or 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. (b) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a plurality of the votes cast in an election to fill such public 1410 JOURNAL OF THE HOUSE, 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. (c) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary; provided that, unless postponed by court order, a runoff resulting from a special election runoff or a special primary runoff shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special election runoff or special primary runoff, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned; and the run-off election of a general election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235. (d) Until and unless Article V, Section II, Paragraph VIII(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, such officers shall continue to be elected by majority vote as provided by the law in effect prior to July 1, 1994." SECTION 38. Said chapter is further amended by striking in its entirety Code Section 21-2-527, relating to pronouncement of judgment and effect of finding of misconduct by poll officers in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-527 to read as follows: "21-2-527. (a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that qualified candidate who received the requisite number of votes and shall pronounce judgment accordingly; and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved; and the clerk shall certify such determination to the defendant. (b) When a defendant who has received the requisite number of votes for nomination, election, or to compete in a run-off primary or election is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid with regard to such nomination or office and shall call a second primary or election to fill such nomination or office and shall set the date for such second primary or election. (c) If misconduct is complained of on the part of the poll officers of any precinct, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such precinct would change such result. THURSDAY, MARCH 13, 1997 1411 (d) Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the same candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid and shall set the date for such second primary, election, or runoff." SECTION 39. Said chapter is further amended by striking in its entirety Code Section 21-2-528, relating to appeals from court's determination on contest petition in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-528 to read as follows: "21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or the Court of Appeals as in other civil cases. Stteh eeart The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court or the Court of Appeals, as appropriate, for a stay or supersedeas, and such courts shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases." SECTION 40. Said chapter is further amended by striking in its entirety Code Section 21-2-540, relating to conduct of special elections generally, and inserting in lieu thereof a new Code Section 21-2-540 to read as follows: "21-2-540. (a) Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. (b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. (c)(l) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters or a special primary or special election to fill a vacancy in a county office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and (B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November. (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 19892' to recall a public officer or to fill a vacancy in a public office caused by a recall election; 1412 JOURNAL OF THE HOUSE, (B) Special primaries or special elections to fill vacancies in federal or state public offices eseept as otherwise provided i paragraph {3} ef this subsection; er \v/ fepccttH elections netd prior to iiuiy TJ Ayiwjj wiucii o.re designed TO DPing ft bout ror 9ucii election ts IFFC^UI&F TOP ttny PCQSOH OP tne fldvepwsemeRT of SUCH etui A&S net been conducted as required by ktwr (3) The provisions ef- this subsection shall apply te special primaries er special elections te fiH vacancies in elected county offices. (1)(A) This oubscction shall net apply te special elections ander this paragraph. V.BJ ijj flic CQ.9C Or ft spcci&i election designed TO DPin^ &Dout trie ftppPovdi or rejec tion Dy tfie voters of ft proposed Question, it tne csii tor sucn election is* irpe^UIAP fer any *ease er th advcrtisegfteat ef such -eati feas et been conducted as required oy iftWj Tn0 election 9upcPIHtendent msy entef &n cunenucd order ppovidin rof ft dflvfl nftpr tho Hntr nf thr flrnpnrlpH frtll (d) Except as otherwise provided by this chapter, the superintendent of each county shall publish the call of the special election. (e) Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his or her name placed in a column under the name of his or her party. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot." SECTION 41. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 42. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and withdrawn: Representative Felton of the 43rd moves to amend the Committee substitute to HB 635 as follows: P. 43, line 2 - strike "may" replace with "shall". The following amendment was read: Representative Everett of the 163rd, et al. move to amend the Committee substitute to HB 635 by striking in its entirety line 6 of page 1 and inserting in lieu thereof the following: "qualification challenge proceedings; to provide that no person who is in arrears on any state or local taxes, fees, or assessments shall be eligible for election to public office in state or county elections; to provide that certain" By inserting following line 9 of page 8 the following: "SECTION 2A. Said chapter is further amended by striking in its entirety Code Section 21-2-8, relating to eligibility for party nomination or election to public office, and inserting in lieu thereof the following: '21-2-8. No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any THURSDAY, MARCH 13, 1997 1413 election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or any felony involving moral turpitude, unless such person's civil rights have been restoredj or if such person is in arrears in the payment of any tax, fee, or assessment levied by the state or any political subdivision of the state and the time for protest or appeal of such levy has passed. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead.'" The following amendments were read and adopted: Representatives Irvin of the 45th and Jamieson of the 22nd move to amend the Everett amendment to the Committee substitute to HB 635 as follows: Add at the end of line 34, page 1: This subsection shall not apply if a taxpayer is current in payment on a settlement agreed to with the IRS or the Tax Commissioner of the relevant county. Representative Tolbert of the 25th, et al. move to amend the Everett amendment to the Committee substitute to HB 635 as follows: By adding after the word "passed." on line 31, page 1, the following: "Provided, however, that in the event such person who is in arrears contested through the proper legal channels the amount of the tax, fee, or assessment or the propriety of the tax, fee, or assessment, then there shall be no disqualification for nomination or election for a period of 24 months, plus the time for protest or appeal, from the date a determination is made as to the amount of the tax, fee, or assessment owed." Representative Joyce of the 1st moved that the House reconsider the previous question. On the motion, the roll call was ordered and the vote was as follows: N Alien N Andersen NAshe N Bailey N Baker Y Bannister N Barfoot N Barnard NBarnes N Bates N Benefleld NBirdsong N Bohannon N Bordeaux N Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner Y Bunn Y Burkhalter N Byrd N Campbell N Canty N Carter Y Cash NChannell N Childers Y Clark YCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford Y Crews N Culbreth N Cummings N Bavin, G Y Davis, M E Day N DeLoach, B N DeLoach, G N Dix N Dixon, H N Dixon, S NDobbs N Dukes Y Ehrhart N Epps Y Evans N Everett Y Felton Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Banner N Harbin N Heard N Hecht Heckstall N Hegstrom N Henson N Holland N Holmes N Howard N Hudgens Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce Y Kaye Y Ladd Y Lakly N Lane N Lee N Lewis N Lord N Lucas N Maddoi Y Mann Y Manning N Martin, J Y Martin, J.L N Massey N McBee Y McCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Perry Y Pinholster N Poag N Polak N Ponder N Porter Y Powell N Purcell N Ragaa N Randall N Ray N Reaves N Reichert Y Rice Y Richardson N Roberts N Rogers Royal Y Sanders N Sauder Y Scarlett E Scheid N Scott N Shanahan N Shaw Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W 1414 JOURNAL OF THE HOUSE, N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre N Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague N Teper N Thomas NTillman Y Titus N Tolbert Y Trense On the motion, the ayes were 45, nays 124. The motion was lost. N Turnquest NTwiggs Walker, L Y Walker, R.L N West Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R N Worthan N Yates Murphy, Spkr On the adoption of the Everett amendment, as amended, the roll call was ordered and the vote was as follows: N Alien N Anderson YAshe Bailey N Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates N Benefield N Birdsong N Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty Y Carter YCash Y Channel! N Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon, S YDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard YHecht Heckstall N Hegstrom N Henson Y Holland N Holmes N Howard Y Hudgens Hudson, H Hudson, N N Hugley Y Irvin Y Jackson N James N Jamieson Y Jenkins Y Johnson Y Johnston N Jones N Joyce YKaye YLadd YLakly NLane Lee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey N McBee YMcCall Y McClinton N McKinney Y Mills N Mobley Y Mosley Y Mueller N O'Neal NOrrock Parham NParrish Y Parsons N Pelote Perry Y Pinholster NPoag NPolak N Ponder Y Porter Y Powell Purcell NRagas NRandall NRay N Reaves Y Reichert YRice Y Richardson N Roberts N Rogers Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott YShanahan NShaw Sherrill YShipp YSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling NSnow N Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague N Teper N Thomas NTillman Y Titus Y Tolbert Y Trense N Tumquest NTwiggs Walker, L Y Walker, R.L N West Y Westmorland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the adoption of the amendment, the ayes were 95, nays 70. The amendment was adopted. Representative Lucas of the 124th moved that HB 635 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: Alien N Anderson N Ashe Bailey Y Baker N Bannister N Barfoot N Barnard NBarnes Bates N Benefield Y Birdsong N Bohannon N Bordeaux Y Bradford N Breedlove N Bridges N Brooks N Brown Buck N Buckner N Bunn Y Burkhalter NByrd N Campbell N Canty N Carter NCash N Channell N Childers N Clark NCoan N Coleman, B Coleman, T N Connell N Cooper N Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M EDay N DeLoach, B N DeLoach, G NDix Y Diion, H N Diion, S N Dobbs N Dukes NEhrhart NEpps N Evans N Everett N Felton THURSDAY, MARCH 13, 1997 1415 Floyd N Franklin N Golden N Graves Y Greene N Grindley N Hammontree NHanner N Harbin Y Heard NHecht Heckstall Y Hegstrom N Henson N Holland N Holmes N Howard N Hudgens Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson N Jenkins N Johnson N Johnston Y Jones Y Joyce NKaye YLadd NLakly Lane Lee N Lewis YLord Y Lucas N Maddoi NMann Y Manning N Martin, J Y Martin, J.L NMassey YMcBee NMcCall N McClinton McKinney N Mills Y Mobley N Mosley N Mueller N O'Neal NOrrock Parham N Parrish N Parsons Y Pelote Perry N Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell YRagas NRandall NRay Reaves N Reichert NRice N Richardson Y Roberts N Rogers On the motion, the ayes were 34, nays 125. The motion was lost. N Royal N Sanders N Sauder N Scarlett E Scheid N Scott N Shanahan YShaw SherrUl Y Shipp NSims Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Smith, T N Smith, V NSmyre N Snelling YSnow NStallings Y Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Taylor NTeague YTeper Y Thomas YTiUman N Titus N Tolbert NTrense N Tumquest NTwiggs Walker, L N Walker, R.L N West N Westmoreland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R NWorthan N Yates Murphy, Spkr The following amendment was read: Representative McKinney of the 51st moves to amend the Committee substitute to HB 635 as follows: Page 17 line 5 after felony involving moral turpitude: add: or conviction of domestic violence. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Alien Anderson YAshe Y Bailey Y Baker Y Bannister NBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Childers N Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M EDay Y DeLoach, B DeLoach, G YDii Y Diion, H Diion, S N Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland N Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Jamieson Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay N Reaves N Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid 1416 JOURNAL OF THE HOUSE, Y Scott Y Shanahan YShaw Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyie Y SneUing YSnow Y Shillings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas N Tillman Y Titus Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L N West On the adoption of the amendment, the ayes were 146, nays 11. The amendment was adopted. The Committee substitute, as amended, was adopted. Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan N Yates Murphy, Spkr The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Alien N Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Diion, S YDobbs N Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas NRandall NRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute, 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. The Speaker announced the House in recess until 2:00 o'clock this afternoon. THURSDAY, MARCH 13, 1997 1417 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and adopted: HR 490. By Representatives Martin of the 47th, Murphy of the 18th, McKinney of the 51st, Holmes of the 53rd, Irvin of the 45th and others: A resolution paying tribute to Dan E. Sweat. HR 491. By Representative Pelote of the 149th: A resolution honoring Pastor Eric D. Mason. HR 492. By Representatives McKinney of the 51st, Ashe of the 46th, McClinton of the 68th, Mobley of the 69th, Stanley of the 49th and others: A resolution commending the Metropolitan Atlanta Rapid Transit Authority (MART A). HR 493. By Representative Burkhalter of the 41st: A resolution commending Honorable Barbara Hurt-Simmons. HR 494. By Representative Burkhalter of the 41st: A resolution commending Honorable Arthur Letchas. HR 495. By Representative Burkhalter of the 41st: A resolution commending Honorable Sandra Johnson. HR 496. By Representative Burkhalter of the 41st: A resolution commending Honorable Jim Paine. HR 497. By Representative Burkhalter of the 41st: A resolution commending Honorable Jim Matoney. HR 498. By Representative Burkhalter of the 41st: A resolution commending Honorable Charles E. "Chuck" Martin, Jr. HR 499. By Representative Smith of the 109th: A resolution commending Mr. Artis C. Knowles. HR 500. By Representative McCall of the 90th: A resolution commending Ms. Tina Williford. HR 501. By Representatives Smith of the 103rd, Yates of the 106th, Brown of the 130th and Westmoreland of the 104th: A resolution recognizing and commending Sally Bowen. 1418 JOURNAL OF THE HOUSE, HR 502. By Representatives Dixon of the 168th, Parham of the 122nd, Twiggs of the 8th and Parrish of the 144th: A resolution commending TEAM Georgia. HR 503. By Representative Lee of the 94th: A resolution commending DeLisha Milton, a native of Liberty County from Riceboro, Georgia. HR 504. By Representative Hammontree of the 4th: A resolution commending and congratulating Harry and Doris Sanders of Austell Georgia, on their 50th wedding anniversary. HR 505. By Representatives Hudgens of the 24th and Walker of the 141st: A resolution commending Mr. Donald C. Freyer. HR 506. By Representative Pinholster of the 15th: A resolution commending Edward "Ed" L. Stephens. HR 507. By Representatives Ray of the 128th and Walker of the 141st: A resolution honoring Martin H. Moseley. HR 508. By Representative Lord of the 121st: A resolution commending and congratulating Connie and Clifton Pulliam on the occasion of their 50th Wedding Anniversary. HR 509. By Representative Coleman of the 142nd: A resolution commending Mr. Donald A. Filippone. HR 510. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution recognizing and commending Dale McGowan. HR 511. By Representative Shanahan of the 10th: A resolution honoring Mr. Thomas L. Shanahan. HR 512. By Representative Pinholster of the 15th: A resolution commending Lawton Baggs. HR 513. By Representatives Stallings of the 100th and West of the 101st: A resolution commending Evalyn Hughes Parrish. HR 514. By Representatives Kaye of the 37th, Murphy of the 18th, Walker of the 141st, Irvin of the 45th and Baker of the 70th: A resolution celebrating the birth and naming of Molly Haffer Paradies. THURSDAY, MARCH 13, 1997 1419 HR 515. By Representatives Baker of the 70th, Jones of the 71st, Teper of the 61st and Maddox of the 72nd: A resolution commending Project Impact DeKalb County, Inc. Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 32. By Representatives Byrd of the 170th and Mosley of the 171st: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real property to be leased by the state. By unanimous consent, all amendments to HB 32 were ordered printed and placed upon the desks. HB 330. By Representatives Parham of the 122nd, Graves of the 125th, Parrish of the 144th, Martin of the 145th and Twiggs of the 8th: A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharmacies. The following Committee substitute was read: A BILL To amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharmacies; to provide for a short title; to provide for legislative intent and purpose; to provide for definitions; to provide for the Georgia State Board of Pharmacy and its composition, powers, duties, vacancies, organization, meetings, voting, quorum, and conflicts; to provide for enforcement and for rules and regulations; to provide for members and their qualifications, compensation, oaths, terms, and removal; to provide for duties and powers of the joint-secretary of the state licensing boards; to provide for certificates; to provide for a director and employees of the Drugs and Narcotics Agency and the duties, powers, and compensation thereof; to provide for notice and hearings; to provide for certain duties of sheriffs and prosecutors; to provide for legislative construction; to prohibit certain unlicensed practices; to require the licensing of pharmacists and pharmacy interns and provide the conditions and procedures relating thereto; to provide for license transfers, for licensing of foreign pharmacy graduates, for temporary licenses and license renewal and reinstatement; to provide for continuing education; to provide for drug researcher permits; to provide for sanctions against license applicants and holders and penalties therefor; to prohibit the practice of pharmacy without a license and provide penalties therefor; to provide for prescription drug orders; to provide for refills; to provide for dispensing without a prescription under certain conditions; to provide for drug substitutions; to provide for dispensing drugs; to provide for pharmacy technicians; to provide for patient records and the duties of pharmacists relating thereto; to provide for patient counseling; to provide for compounding practices; to provide for storage, handling, and dispensing of drugs; to prohibit vending machine sale or dispensing of drugs and provide a penalty; to require the licensing of pharmacies and the conditions and procedures relating thereto; to prohibit the use of certain titles; to provide for pharmacy standards; to prohibit certain unlicensed persons from engaging in certain transactions involving drugs; to provide for sanctions and 1420 JOURNAL OF THE HOUSE, penalties regarding pharmacy licenses and unlicensed practice; to provide for special pharmacy permits; to provide for the registration of drug wholesalers, distributors, suppliers, and reverse drug distributors; to prohibit certain conduct and practices and require compliance with certain standards by pharmacists, pharmacies, pharmacy interns, and pharmacy technicians; to provide for drugs for emergency service providers; to provide for dispensing drugs and other actions relating to drugs by practitioners of the healing arts; to provide for the examination of items to determine whether they are adulterated or misbranded and provide for actions relating thereto; to provide for third party prescription programs and a short title, findings, and definitions; to provide for program submissions and duties of the Commissioner of Insurance; to provide for program requirements, claims, administrators, and liability for use of cards for cancelled programs; to provide for criminal and civil penalties; to provide for the sale of poisons and records, prescriptions, and penalties relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Chapter 4 thereof, relating to pharmacists and pharmacies, and inserting in its place the following: "CHAPTER 4 ARTICLE 1 26-4-1. This chapter shall be known and may be cited as the 'Georgia Pharmacy Practice Act.' 26-4-2. The practice of pharmacy in this state is declared to be a learned profession and the practice of pharmacy affects the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy in this state as a learned profession, as defined in this chapter, should merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy to ensure the quality of drugs and related devices distributed in this state. This chapter shall be liberally construed to carry out these objectives and purposes. 26-4-3. It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons, in or out of this state that distribute, manufacture, or sell drugs or devices used in the dispensing and administration of drugs within this state; and the regulation and control of such other materials as may be used in the diagnosis, treatment, and prevention of injury, illness, and disease of a patient or other individual. 26-4-4. The 'practice of pharmacy' means the interpretation, evaluation, or dispensing of prescription drug orders in the patient's best interest; participation in drug and device selection, drug administration, drug regimen reviews, and drug or drug related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmacy care; and the responsibility for compounding and labeling of drugs and devices except labeling by a manufacturer, repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and devices, proper and safe storage of drugs and devices, and maintenance of proper records for them. 26-4-5. As used in this chapter the term: THURSDAY, MARCH 13, 1997 1421 (1) 'Administer' or 'administration' means the provision of a unit dose of medication to an individual patient as a result of the order of an authorized practitioner of the healing arts. (2) 'Board of pharmacy' or 'board' means the Georgia State Board of Pharmacy. (3) 'Brand name drug' means the proprietary, specialty, or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label, or wrapping at the time of packaging. (4) Reserved. (5) 'Compounding' means the preparation, mixing, assembling, packaging, or labeling of a drug or device as the result of a practitioner's prescription drug order or initiative based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice or for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing. Compounding also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine and regularly observed prescribing patterns. (6) 'Confidential information' means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counseling which is privileged and may be released only to the patient or, as the patient directs, to those practitioners and other pharmacists where, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well being; and to such other persons or governmental agencies authorized by law to receive such confidential information. (7) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 Schedules I through V of 21 C.F.R. Part 1308, or both. (8) 'Dangerous drug' means any drug, substance, medicine, or medication as defined in Code Section 16-13-71. (9) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration. (10) 'Device' means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, 'Caution: federal or state law requires dispensing by or on the order of a physician.' (11) 'Dispense' or 'dispensing' means the preparation and delivery of a drug or device to a patient, patient's caregiver, or patient's agent pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. (12) 'Distribute' means the delivery of a drug or device other than by administering or dispensing. (13) 'Drug' means: (A) Articles recognized as drugs in any official compendium, or supplement thereto, designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (C) Articles, other than food, intended to affect the structure or any function of the body of humans or animals; and (D) Articles intended for use as a component of any articles specified in subparagraphs (A), (B), or (C) of this paragraph. (14) 'Drug researcher' means a person, firm, corporation, agency, department, or other entity which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for purposes of conducting research, drug analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or medical practitioner. (15) 'Drug regimen review' includes but is not limited to the following activities: (A) Evaluation of any prescription drug order and patient record for: 1422 JOURNAL OF THE HOUSE, (i) Known allergies; (ii) Rational therapy-contraindications; (iii) Reasonable dose and route of administration; and (iv) Reasonable directions for use; (B) Evaluation of any prescription drug order and patient record for duplication of therapy; (C) Evaluation of any prescription drug order and patient record for the following interactions: (i) Drug-drug; (ii) Drug-food; (iii) Drug-disease; and (iv) Adverse drug reactions; and (D) Evaluation of any prescription drug order and patient record for proper utilization, including overutilization or underutilization, and optimum therapeutic outcomes. (16) 'Emergency service provider' means licensed ambulance services, first responder services or neonatal services, or any combination thereof; (17) 'Federal act' or 'Federal Food, Drug, and Cosmetic Act' means the Federal Food, Drug, and Cosmetic Act of the United States of America, approved June 25, 1938, officially cited as Public Document 717, 75th Congress (Chapter 675-3rd Sess.) and all amendments thereto, and all regulations promulgated thereunder by the commissioner of the Federal Food and Drug Administration. (18) 'Generic name' means a chemical name, a common or public name, or an official name used in an official compendium recognized by the Federal Food, Drug, and Cosmetic Act, as amended. (19) 'Intern' or 'pharmacy intern' means an individual who is: (A) A student who is currently enrolled in an approved school or college of pharmacy, has registered with the board, and has been licensed as a pharmacy intern; or (B) A graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or (C) An individual who does not otherwise meet the requirements of subparagraph (A) or (B) of this paragraph and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate and is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist. (20) 'Joint-secretary' means the joint-secretary of the state examining boards. (21) 'Labeling' means the process of preparing and affixing a label to any drug con- tainer exclusive, however, of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal, state, or federal and state law or rule. (22) 'Manufacturing' means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of any substance or labeling or relabeling of its container and the promotion and marketing of such drugs or devices. Manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. (23) 'Manufacturer' means a person engaged in the manufacturing of drugs or devices. (24) 'Nonprescription drug' means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government. (25) 'Patient counseling' means the oral communication by the pharmacist of information, as defined in the rules of the board, to the patient, patient's caregiver, or patient's agent, in order to improve therapy by ensuring proper use of drugs and devices. THURSDAY, MARCH 13, 1997 1423 (26) 'Person' means an individual, corporation, partnership, or association. (27) 'Pharmaceutically equivalent' means drug products that contain identical amounts of the identical active ingredient, in identical dosage forms, but not necessarily containing the same inactive ingredients. (28) 'Pharmacist' means an individual currently licensed by this state to engage in the practice of pharmacy. This recognizes a pharmacist as a learned professional who is authorized to provide patient services and pharmacy care. (29) 'Pharmacist in charge' means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of such pharmacy and personnel. (30) 'Pharmacy' means: (A) The profession, art, and science that deals with pharmacy care, drugs, or both, medicines, and medications, their nature, preparation, administration, dispensing, or effect; or (B) Any place licensed in accordance with this Chapter wherein the possessing, displaying, compounding, dispensing, or selling of drugs may be conducted, including any and all portions of the building or structure leased, used, or controlled by the licensee in the conduct of the business or profession licensed by the board at the address for which the license was issued. (31) 'Pharmacy care' means those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counseling related thereto. (32) 'Pharmacy technician' means those support persons utilized in pharmacies whose responsibilities are to provide nonjudgmental technical services concerned with the preparation for dispensing of drugs under the direct supervision and responsibility of a pharmacist. (33) 'Practitioner' or 'practitioner of the healing arts' means a physician, dentist, podiatrist, or veterinarian and shall include any other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state. (34) 'Preceptor' means an individual who is currently licensed as a pharmacist by the board, meets the qualifications as a preceptor under the rules of the board, and participates in the instructional training of pharmacy interns. (35) 'Prescription drug' or 'legend drug' means a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with either of the following statements: 'Caution: Federal law prohibits dispensing without prescription' or 'Caution: federal law restricts this drug to use by, or on the order of, a licensed veterinarian'; or a drug which is required by any applicable federal or state law or rule to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only. (36) 'Prescription drug order' means a lawful order of a practitioner for a drug or device for a specific patient. (37) 'Prospective drug use review' means a review of the patient's drug therapy and prescription drug order, as defined in the rules of the board, prior to dispensing the drug as part of a drug regimen review. (38) 'Reverse drug distributor' means a person, firm, or corporation which receives and handles drugs from within this state which are expired, discontinued, adulterated, or misbranded, under the provisions of Chapter 3 of this title, the 'Georgia Drug and Cosmetic Act,' from a pharmacy, drug distributor, or manufacturer for the purposes of destruction or other final disposition or for return to the original manufacturer of a drug. (39) 'Significant adverse drug reaction' means a drug-related incident that may result in serious harm, injury, or death to the patient. (40) 'Substitution' means to dispense pharmaceutically equivalent and therapeutically equivalent drug products as regulated by the board in place of the drug prescribed. 1424 JOURNAL OF THE HOUSE, (41) 'Wholesale distributor' means any person engaged in wholesale distribution of drugs, including but not limited to manufacturers; repackagers; own label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail and hospital pharmacies that conduct wholesale distributions. ARTICLE 2 26-4-20. (a) The Georgia State Board of Pharmacy existing immediately preceding July 1, 1998, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed and qualified. (b) The responsibility for enforcement of the provisions of this chapter shall be vested in the Georgia State Board of Pharmacy. The board shall have all of the duties, powers, and authority specifically granted by or necessary for the enforcement of this chapter, as well as such other duties, powers, and authority as it may be granted from time to time by applicable law. 26-4-21. (a) Each of the seven pharmacist members of the board shall, at the time of appointment: (1) Be a resident of this state for not less than six months; (2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state; (3) Be actively engaged in the practice of pharmacy in this state; and (4) Have five years of experience in the practice of pharmacy in this state after licensure. (b) The one consumer member of the board shall be a resident of Georgia who has attained the age of majority and shall not have any connection whatsoever with the pharmaceutical industry. (c) Appointees to the board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of the office, which oath shall be filed with the Secretary of State, whereupon the Secretary of State shall issue to each appointee a certificate of appointment. 26-4-22. (a) The board shall consist of seven members possessing the qualification specified in subsection (a) of Code Section 24-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 24-4-21 who shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. Pharmacist members shall represent a diversity of practice settings and geographic dispersion of practitioners across the state. (b) At the annual meeting of the Georgia Pharmacy Association, there may be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by subsection (a) of Code Section 24-4-21 to fill the next vacancy occurring on the board, except a vacancy in the consumer member position on said board, by reason of expiration of term. The secretary of said association may regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board, other than in the consumer member position on the board and other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the unexpired term from a group of three practicing registered pharmacists nominated as provided in this subsection at any regular or special meeting of the Georgia Pharmacy Association. (c) The consumer member of the board shall also be appointed by the Governor. Such member shall vote only on matters relating to administration and policy which do not THURSDAY, MARCH 13, 1997 1425 directly relate to practical and scientific examination of pharmacists for licensing in Georgia. Vacancies occurring in the membership of the board occupied by a consumer shall be filled by the Governor for the unexpired term of office. (d) To avoid possible conflicts regarding the activities of a member of the board who is employed as a full-time faculty member of a school or college of pharmacy, the board is authorized to promulgate rules and regulations governing the activities of those members of the board as those activities relate to board examinations. 26-4-23. Any member who has failed to attend three consecutive regular monthly meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor upon request of the board. The president of the board shall notify the Governor in writing when any such member has failed to attend three consecutive regular monthly meetings. Any member of the board may be removed by the Governor as provided in Code Section 43-1-17. 26-4-24. The board shall meet at least annually to organize and elect a president and a vice-president from its members. The joint-secretary shall be the secretary of the board and shall have all the power, duties, and authority with reference to such board as shall be prescribed by Chapter 1 of Title 43 and shall perform such other duties as may be prescribed by the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the joint-secretary at his or her office in Fulton County. 26-4-25. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 26-4-26. (a) The board shall meet on a regular basis to transact its business. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by at least two-thirds of the members of the board. (b) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by Chapter 14 of Title 50 relating to open meetings. (c) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this chapter or by any rule of the board, all actions of the board shall be by a majority of a quorum. (d) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public. 26-4-27. The board may establish such rules and regulations not inconsistent with this chapter and as in its judgment will best carry out the requirements thereof. 26-4-28. (a) The board shall be responsible for the control and regulation of the practice of pharmacy in the state of Georgia including, but not limited to, the following: (1) The licensing by examination or by license transfer of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter; (2) The renewal of licenses to engage in the practice of pharmacy; (3) The establishment and enforcement of compliance with professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy; (4) The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training including internship; 1426 JOURNAL OF THE HOUSE, (5) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; (6) The licensure and regulation of pharmacies and pharmacy interns; (7) The regulation of other employees in the prescription or pharmacy department; (8) The collection of professional demographic data; (9) The right to seize any such drugs and devices found by the board to constitute an imminent danger to the public health and welfare; (10) The establishment cf minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, compounding and dispensing of such drugs or devices utilized within the practice of pharmacy; (11) The establishment of minimum standards for the purity and quality of such drugs utilized within the practice of pharmacy; (12) The establishment of minimum standards for the purity and quality of such devices and other materials utilized within the practice of pharmacy; (13) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of drugs; (14) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of devices utilized within the practice of pharmacy; and (15) The inspection of any licensed person at all reasonable hours for the purpose of determining if any provisions of the laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. The board, its officers, agents, and designees shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to drugs, devices, and the practice of pharmacy. (b) Proceedings by the board in the exercise of its authority to issue, cancel, suspend, or revoke any license issued under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings the board shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor signed by the secretary of the board. In any hearing in which the fitness of a licensee or applicant to practice pharmacy is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licensee or applicant in private. (c) The board shall have such other duties, powers, and authority as may be necessary to the enforcement of this chapter and to the enforcement of board rules made pursuant thereto which shall include, but are not limited to, the following: (1) The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board; (2) Embargo. (A) The board is authorized and directed to establish a list of the 'Dangerous Drugs' as enacted by law; and (B) The joint-secretary shall publish and provide, for such a fee as the jointsecretary deems reasonable, such number of the pamphlets to law enforcement officials, school officials, parents, and other interested citizens as are required; (3) The board may place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee at the time his or her license is suspended or revoked or at the time the board refuses to renew his or her license. Except as otherwise provided in this section, drugs or devices so sealed shall not be disposed of until appeal rights under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' have expired, or an appeal filed pursuant to such Act has been determined. The court involved in an appeal filed pursuant to such Act may order the board, during the pendency of the appeal, to sell sealed drugs that are perishable. The proceeds of such a sale shall be deposited with that court; THURSDAY, MARCH 13, 1997 1427 (4) Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers, and authority in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (5) In addition to the fees specifically provided for in this chapter, the board may assess additional reasonable fees for services rendered to carry out its duties and responsibilities as required or authorized by this chapter or the rules and regulations promulgated by the board. Such services rendered shall include but not be limited to the following: (A) Issuance of duplicate certificates or identification cards; (B) Certification of documents; (C) License transfer; (D) Examination administration to a licensure applicant; and (E) Examination materials; (6) Cost Recovery. (A) For any order issued in resolution of a disciplinary proceeding before the board, the board may direct any licensee found guilty of a charge involving a violation of any drug laws or rules to pay to the board a sum not to exceed the reasonable costs of the investigation and prosecution of the case and, in any case, not to exceed $25,000. The costs to be assessed shall be fixed by the board and the costs so recovered shall be paid to the state treasury; and (B) In the case of a pharmacy or wholesale distributor, the order issued may be made to the corporate owner, if any, and to any pharmacist, officer, owner, or partner of the pharmacy or wholesale distributor who is found to have had knowledge of or have participated knowingly in one or more of the violations set forth in this Code section. Where an order for recovery of costs is made and timely payment is not made as directed in the board's decision, the board may enforce the order for payment in the court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any person directed to pay costs. In any action for recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. 26-4-29. (a) The board shall appoint a director who shall be charged with supervision and control of the department created in 1908 as the Office of the Chief Drug Inspector, now known as the Georgia Drugs and Narcotics Agency. This agency shall be a separate department of state government created to enforce the drug laws authorized by this Code section and shall employ the number of personnel deemed necessary to properly protect the public health, safety, and welfare of the citizens of this state. Such personnel will be pharmacists registered in this state when employed as either special agents or the deputy director. (b) The director shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall appoint a successor at a regular or called meeting. The director shall be a pharmacist registered in this state. The salary of the director shall be fixed by the board. The whole time of the director shall be at the disposal of the board. The director, or agency personnel acting on behalf of the director, shall have the duty and the power to: (1) Visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; (2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; (3) Investigate alleged violations of laws and regulations regarding drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; 1428 JOURNAL OF THE HOUSE, (4) Take up samples of the articles listed in paragraph (1) of this subsection from any of the said establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131; (5) Seize and take possession of all articles which are declared to be contraband under Chapter 13 of Title 16 and Chapters 3 and 4 of this title and deliver such articles to the agency; (6) Compel the attendance of witnesses and the production of evidence on behalf of the board via a subpoena issued by the director, when there is reason to believe any violations of laws or regulations concerning drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection have occurred; and (7) Perform such other duties as may be directed by the board. (c) The director, deputy director, and special agents of the Georgia Drugs and Narcotics Agency shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating Chapter 13 of Title 16 and Chapters 3 and 4 of this title. The deputy director and special agents shall be required to be P.O.S.T. certified peace officers under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (1) In case of such arrest, the director, deputy director, or any of the special agents shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to the sheriff by any such person arrested under power of this Code section shall be the same as if the sheriff had made the original arrest. (2) When the deputy director or a special agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions and, after accumulating 25 years of service in the agency or as a result of a disability arising in the line of duty, such director or agent shall be entitled to retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy, and upon leaving the agency the director of the Georgia Drugs and Narcotics Agency shall retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy. (d) Except as otherwise provided in this chapter, upon receiving a summary report from agency personnel, the director shall report to the board what have been determined to be violations of the drug laws and rules over which the board has authority. After such reports have been made to the board, the board can instruct the director to: (1) Cite any such person or establishment to appear before the cognizant member of the board for an investigative interview; (2) Forward such reports to the Attorney General's office for action decided on by the board; or (3) Take whatever other action the board deems necessary. (e) The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as defined in subsection (a) of Code Section 16-13-71 and any other drugs or devices which the board has determined may be dangerous or detrimental to the public health and safety and should require a prescription, and the Georgia Drugs and Narcotics Agency shall assist the State Board of Pharmacy during each annual legislative session by compiling and submitting a list of substances to add to or reschedule substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 by using the guidelines set forth in Code Section 16-13-22. (1) The State Board of Pharmacy is authorized and directed to publish and distribute the 'Dangerous Drug List' as prepared by the Georgia Drugs and Narcotics Agency and the 'Georgia Controlled Substances Act' as enacted by law. (2) The Georgia State Board of Pharmacy shall provide for a fee as deemed reasonable or at no cost, such number of copies of the 'Dangerous Drug List' and 'Georgia Controlled Substances Act' to law enforcement officials, school officials, parents, and other interested citizens as are required. 26-4-30. THURSDAY, MARCH 13, 1997 1429 This chapter shall not be construed to prohibit the sale by general merchants or other nonpharmacy retailers of nonprescription drugs when sold only in their original and unbroken packages. ARTICLE 3 26-4-40. (a) Except as otherwise provided in this chapter, it shall be unlawful for any individual to engage in the practice of pharmacy unless currently licensed to practice under the provisions of this chapter; (b) Practitioners authorized under the laws of this state to compound drugs and to dispense drugs to their patients in the practice of their respective professions shall not be required to be licensed under the provisions of this chapter; however, practitioners shall meet the same standards, record-keeping requirements, and all other requirements for the dispensing of drugs applicable to pharmacists. (c) Any individual who, after hearing, shall be found by the board to have unlawfully engaged in the practice of pharmacy shall be subject to a fine to be imposed by the board for each offense. Each violation of this chapter pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a felony punishable upon conviction thereof by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both. 26-4-41. (a) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (1) Have submitted a written application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy that has been approved by the board; (5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and (7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license. (b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be given by the board at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination; (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and (3) Any person who takes the board examination and fails the examination may repeat the examination at regular intervals of administration; however, a person may not take the examination more than three times without permission from the board. A person who has taken the board examination and failed the examination for the third time may not practice as a pharmacy intern. A person who takes the board examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid. (c) Internship and Other Training Programs. (1) All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance or both under such terms and conditions as the board shall determine; and 1430 JOURNAL OF THE HOUSE, (2) The board shall establish such licensure requirements for interns and standards for internship or any other experiential program necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs. 26-4-42. (a) In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this state, an applicant shall: (1) Have submitted a written application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have presented to the board proof of initial licensure by examination and proof that such license is in good standing; (6) Have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked, or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy; (7) Have successfully passed an examination by the board on Georgia pharmacy law and board regulations; and (8) Have paid the fees specified by the board. (b) No applicant shall be eligible for license transfer unless the state in which the applicant was licensed as a pharmacist also grants licensure transfer to pharmacists duly licensed by examination in this state under like circumstances and conditions. (c) To obtain a license to engage in the practice of pharmacy, a foreign pharmacy graduate applicant shall obtain the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee's certification which shall include, but not be limited to, successfully passing the Foreign Pharmacy Graduate Equivalency Examination as well as attaining a passing score on the Test of English as a Foreign Language (TOEFL) as established by the board. Additionally, a foreign pharmacy graduate applicant shall: (1) Have submitted a written application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee; (6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board. 26-4-43. A temporary license may be issued by the joint-secretary upon the approval of the president of the board if an applicant produces satisfactory evidence of fulfilling the requirements for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. All temporary licenses shall expire at the end of the month during which the first board meeting is conducted following the issuance of such license and may not be reissued or renewed. 26-4-44. (a) Each pharmacist shall apply for renewal of his or her license biennially pursuant to the rules and regulations promulgated by the board. A pharmacist who desires to continue in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require for renewal of the license. If the board finds that the applicant has been licensed and that such license has THURSDAY, MARCH 13, 1997 1431 not been revoked or placed under suspension and that the applicant has paid the renewal fee, has continued his or her pharmacy education in accordance with Code Section 26-4-45 and the rules and regulations of the board, and is entitled to continue in the practice of pharmacy, then the board shall issue a license to the applicant, (b) If a pharmacist fails to make application to the board for renewal of his or her license as set forth in and in accordance with the provisions of this chapter, the pharmacist must apply for reinstatement pursuant to the rules of the board. 26-4-45. The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this chapter, no pharmacist license shall be renewed by the board or the joint-secretary until the pharmacist submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in a minimum of 30 hours of approved programs of continuing professional pharmacy education as defined in this Code section. Continuing professional pharmacy education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmacy education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other approved educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. 26-4-46. (a) To obtain a license as a pharmacy intern, an applicant shall: (1) Have submitted a written application in the form prescribed by the board of pharmacy; (2) Have attained the age of majority; (3) Be of good moral character; and (4) Have paid the fees specified by the board for the issuance of the license. (b) The following individuals shall be eligible to be licensed as a pharmacy intern: (1) A student who is currently enrolled in an approved school or college of pharmacy; (2) An individual who is a graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or (3) An individual who does not otherwise meet the requirements of paragraph (1) or (2) of this subsection and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate, who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist. (c) The board shall approve all internship programs for the purpose of providing the practical experience necessary for licensure as a pharmacist. A pharmacy intern is authorized to engage in the practice of pharmacy under the supervision of a pharmacist. The board shall adopt rules regarding the licensure of interns and the standards for internship programs. 26-4-47. (a) Licenses issued under Code Section 26-4-46 shall bear the date of issuance and shall be valid for up to five years. Unless said license is renewed by the board, the license shall expire. 1432 JOURNAL OF THE HOUSE, (b) Any license issued pursuant to Code Section 26-4-46 shall expire at the time a pharmacy intern is expelled, suspended, dismissed, or withdraws from an approved school or college of pharmacy or is otherwise licensed as a pharmacist pursuant to this title. (c) Any license issued pursuant to Code Section 26-4-46 shall expire upon notification that a person has taken and failed the board examination for the third time. 26-4-48. Licenses issued pursuant to Code Section 26-4-46 which shall expire by lapse of time may be renewed upon application, unless, at the time of expiration, there shall be pending action before the board to suspend or revoke such license. 26-4-49. (a) Every person, firm, corporation, agency, department, or other entity located within this state which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of conducting research, analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or practitioner shall biennially register with the state board of pharmacy for a drug researcher permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of such controlled substances and dangerous drugs for such purposes. In applying for the permit: (1) The application for registration shall be made on a form to be prescribed and furnished by said board and shall show at a minimum the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, department, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board; (2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. Such person shall be responsible for maintaining exact and accurate records regarding the purchase, receipt, utilization, and disposal of all controlled substances and dangerous drugs utilized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board; and (3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16. (b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the jointsecretary and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void. (c) The board shall have the authority to promulgate rules and regulations governing the holder of a drug researcher permit as defined under this Code section. (d) A drug researcher permit may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with all applicable local, state, or federal laws, rules, and regulations. (e) A holder of a drug researcher permit who is not also licensed as a pharmacist practicing in a duly licensed pharmacy shall not engage in the sale, distribution, or dispensing of controlled substances or dangerous drugs. (f) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $10,000.00 or both. THURSDAY, MARCH 13, 1997 1433 ARTICLE 4 26-4-60. (a) The board of pharmacy may refuse to issue or renew, or may suspend, revoke, or restrict the licenses of, or fine any person pursuant to the procedures set forth in this Code section, upon one or more of the following grounds: (1) Unprofessional conduct as that term is defined by the rules of the board; (2) Incapacity that prevents a licensee from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public; (3) Being guilty of one or more of the following: (A) A felony; (B) Any act involving moral turpitude; or (C) Violations of the pharmacy or drug laws of this state, or rules and regulations pertaining thereto, or of laws, rules, and regulations of any other state, or of the federal government; (4) Misrepresentation of a material fact by a licensee in securing the issuance or renewal of a license; (5) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license falsely using the title of 'pharmacist' or 'pharmacy intern,' or falsely using the term 'pharmacy' in any manner; (6) Failing to pay the costs assessed in a disciplinary hearing pursuant to subsection (c) of Code Section 26-4-28; (7) Becoming unfit or incompetent to practice pharmacy by reason of: (A) Intemperance in the use of alcoholic beverages, narcotics, or habit-forming drugs or stimulants; or (B) Any abnormal physical or mental condition which threatens the safety of persons to whom such person may compound or dispense prescriptions, drugs, or devices or for whom he or she might manufacture, prepare, or package or supervise the manufacturing, preparation, or packaging of prescriptions, drugs, or devices; (8) Being adjudicated to be mentally ill or insane; (9) Violating any rules and regulations promulgated by the board; (10) Promoting to the public in any manner a drug which may be dispensed only pursuant to prescription; (11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug to a patient which requires a prescription; (12) Unless otherwise authorized by law, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the prior authorization of the practitioner ordering or prescribing the same; or (13) Being found by the board to be in violation of any of the provisions of this chapter or rules adopted pursuant to this chapter. (b) The board shall have the power to suspend or revoke the license of the pharmacist in charge when a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed, or otherwise disposed of has not been kept by the pharmacy in conformance with the record keeping and inventory requirements of federal law and the rules of the board. (c) Any person whose license to practice pharmacy in this state has been suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license pursuant to rules and regulations promulgated by the board. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. (d) Nothing in this Code section shall be construed as barring criminal prosecutions for violations of this chapter. (e) All final decisions by the board shall be subject to judicial review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 1434 JOURNAL OF THE HOUSE, (f) Any individual or entity whose license to practice pharmacy is revoked, suspended, or not renewed shall return his or her license to the offices of the board within ten days after receipt of notice of such action. (g) For purposes of this Code section, a conviction shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon, (h) Nothing in this Code section shall be construed as barring or prohibiting pharmacists from providing or distributing health or drug product information or materials to patients which is intended to improve the health care of patients. 26-4-61. Notwithstanding any provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may, without a hearing, temporarily suspend a license for not more than 60 days if the board finds that a pharmacist or pharmacy intern has violated a law or rule that the board is empowered to enforce, and if continued practice by the pharmacist or pharmacy intern would create an imminent risk of harm to the public. The suspension shall take effect upon written notice to the pharmacist or pharmacy intern, specifying the law or rule violated. At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' within 20 days thereafter. The pharmacist or pharmacy intern shall be provided with at least ten days notice of any hearing held under this subsection. ARTICLE 5 26-4-80. (a) All persons engaging in the practice of pharmacy in this state must be licensed by the board. (b) Prescription drugs shall be dispensed only pursuant to a valid prescription drug order. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription. (c) A prescription drug order may be accepted by a pharmacist in written form, orally, or electronically unless the order is for a Schedule II controlled substance. In institutional settings, a prescription drug order for a Schedule II controlled substance may be accepted by a pharmacist in written form, orally, or electronically pursuant to regulations promulgated by the board. In outpatient settings, a prescription drug order for a Schedule II controlled substance may only be accepted by a pharmacist in written form; provided, however, that a pharmacist may accept an emergency oral prescription for a Schedule II controlled substance; provided, further, that the pharmacist shall not dispense more than a 72 hour supply of the Schedule II controlled substance. If transmitted orally or electronically, the prescription drug order shall be filed and maintained on paper of permanent quality by the pharmacist in accordance with the rules and regulations of the board. Electronically transmitted prescription drug orders shall meet the following requirements: (1) Electronically transmitted prescription drug orders shall only be transmitted from the practitioner or the employee of the practitioner under supervision of the practitioner to the pharmacy of the patient's choice with no intervening person or intermediary having access to the prescription drug order; (2) Prescription drug orders transmitted by facsimile or computer shall include: (A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name, address, and age of the patient; (E) The time and date of the transmission; and (F) The full name of the person transmitting the order; (3) An electronically transmitted drug order which meets the requirements of this Code section shall be deemed the original order; THURSDAY, MARCH 13, 1997 1435 (4) The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of the transmitted prescription drug order consistent with federal and state laws and rules and regulations adopted pursuant to the same; (5) An electronically transmitted prescription drug order from a prescriber to a pharmacist shall be considered a highly confidential transaction and the said transmission shall not be compromised by interventions, control, change, altering, or manipulation by any other person or party in any manner whatsoever; (6) Any pharmacist that transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and (7) The board shall promulgate rules and regulations which may provide specific exceptions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations. (d) Information contained in the patient medication record or profile shall be considered confidential information as defined in this title. Confidential information may be released to the patient or the patient's authorized representative, the prescriber or other licensed health care practitioners then caring for the patient, another licensed pharmacist, the board or its representative, or any other person duly authorized to receive such information. In accordance with Code Section 24-9-40, confidential information may be released to others only on the written release of the patient, court order, or subpoena. (e) Except as authorized under subsection (j) of this Code section, a prescription may not be refilled without authorization. When refills are dispensed pursuant to authorization contained on the original prescription or when no refills are authorized on the original prescription but refills are subsequently authorized by the practitioner, the refill authorization shall be recorded on the original prescription document and the record of any refill made shall be maintained on the back of the original prescription document or on some other uniformly maintained record and the dispensing pharmacist shall record the date of the refill, the quantity of the drug dispensed and the dispensing pharmacist's initials; provided, however, that an original prescription for a controlled substance which contains no refill information may not be authorized to be refilled more than five times or after six months from the date of issuance. Authorization for any additional refill of a controlled substance prescription in excess of five refills or after six months from the date of issuance of the prescription shall be treated as a new prescription. (f) When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. (g) The pharmacist who fills or refills a prescription shall record the date of dispensing and indicate the identity of the dispensing pharmacist on the prescription document or some other appropriate and uniformly maintained record. If this record is maintained on the original prescription document, the original dispensing and any refills must be recorded on the back of the prescription. (h) When the patient no longer seeks personal consultation or treatment from the practitioner, the practitioner and patient relationship is terminated. A prescription becomes invalid after the practitioner and patient relationship is terminated which is defined as a reasonable period of time not to exceed six months in which the patient could have established a new practitioner and patient relationship as established by the board through the promulgation of rules and regulations. (i) A written prescription drug order must bear an original signature of the practitioner. A signature stamp or other signature facsimile is not acceptable in lieu of an original signature. When an oral prescription drug order or the oral authorization for the refilling of a prescription drug order is received which is transmitted by someone other than the practitioner, the name of the individual making the transmission and the date of the 1436 JOURNAL OF THE HOUSE, transmission must be recorded on the original prescription drug order or other uniform record by the pharmacist receiving the transmission. (j) A pharmacist licensed by the board may dispense an emergency prescription of up to a 72 hour supply of a prescribed medication in the event the pharmacist is unable to contact the practitioner to obtain refill authorization, provided that: (1) The prescription is not for a controlled substance; (2) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort; (3) The dispensing pharmacist notifies the practitioner or his agent of the emergency dispensing within seven working days after the one-time emergency dispensing; (4) The pharmacist properly records the dispensing as a separate nonrefillable prescription. Said document shall be filed as is required of all other prescription records. This document shall be serially numbered and contain all information required of other prescriptions. In addition it shall contain the number of the prescription from which it was refilled; (5) The pharmacist shall record on the patient's record and new document the circumstances which warrant this emergency dispensing; and (6) The pharmacist does not employ this provision regularly for the same patient on the same medication. (k) All out-patient prescription drug orders which are dispensed shall be appropriately labeled in accordance with the rules and regulations promulgated by the board as follows: (1) Before an out-patient prescription drug is released from the dispensing area, the prescription drug shall bear a label containing the name and address of the pharmacy, a prescription number, the name of the prescriber, the name of the patient, directions for taking the medication, the date of the filling or refilling of the prescription, the initials or identifying code of the dispensing pharmacist, and any other information which is necessary, required, or, in the pharmacist's professional judgment, appropriate; and (2) The pharmacist who fills an out-patient prescription drug order shall indicate the identity of the dispensing pharmacist on the label of the prescription drug. Identification may be made by placing initials on the label of the dispensed drug. The label shall be affixed to the outside of the container of the dispensed drug by means of adhesive or tape or any other means which will assure that the label remains attached to the container. 26-4-81. (a) In accordance with this Code section, a pharmacist may substitute a drug with the same generic name in the same strength, quantity, dose, and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent. (b) If a practitioner of the healing arts prescribes a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent. (c) Substitutions as provided for in subsections (a) and (b) of this Code section are authorized for the express purpose of making available to the consumer the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent. (d) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (e) The substitution of any drug by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. (f) A patient for whom a prescription drug order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug. THURSDAY, MARCH 13, 1997 1437 (g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. Such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. 26-4-82. (a) In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or functions which require professional judgment. (b) For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs. (c) In the dispensing of all prescription drug orders: (1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient; (2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times; (3) When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order; (4) When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and (5) Pharmacy technicians in the dispensing area shall be easily identifiable. (d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of two pharmacy technicians unless the board approves an application to increase the ratio. Such application must be made in writing and must be submitted to the board by the pharmacist-in-charge of a specific licensed pharmacy in this state. 26-4-83. (a) A patient record system shall be maintained by all pharmacies for patients for whom prescription drug orders are dispensed. The patient record system shall provide for the immediate retrieval of information necessary by the pharmacist to identify previously dispensed drugs at the time a prescription drug order is presented for dispensing. The pharmacist or the pharmacist's designee shall make a reasonable effort to obtain, record, and maintain the following information: (1) The full name of the patient for whom the drug is intended; (2) The address and telephone number of the patient; (3) The date of birth of the patient; and (4) The gender of the patient. (b) The pharmacist shall make a reasonable effort to obtain from the patient or the patient's agent and shall record any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and identify any other drugs, including over-the-counter drugs or devices, currently being used by the patient which may relate to prospective drug use review unless the patient or the patient's agent refuses to provide such information. The pharmacist shall make a reasonable effort to obtain, record, and maintain the following information: 1438 JOURNAL OF THE HOUSE, (1) A list of all prescription drug orders obtained by the patient at the pharmacy where the prescription drug order is being filled for at least the preceding two years, showing the prescription number, the name and strength of the drug, the quantity and date dispensed, and the name of the prescribing practitioner; and (2) Comments from the pharmacist relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug. (c) A patient record shall be maintained for a period of not less than two years from the date of the last entry in the profile record. This record may be a hard copy of a computerized form. 26-4-84. (a) A pharmacist shall review the patient record and each prescription drug order presented for dispensing for the purposes of promoting therapeutic appropriateness by identifying: (1) Overutilization or underutilization; (2) Therapeutic duplications; (3) Drug-disease contraindications; (4) Drug-drug interactions; (5) Incorrect drug dosage or duration of drug therapy; (6) Drug-allergy interactions; and (7) Clinical abuse or misuse. (b) Upon recognizing any of the above situations, the pharmacist shall take appropriate steps to avoid or resolve the situation or problem which shall, if necessary, include consultation with the prescribing practitioner. 26-4-85. (a) Upon receipt of a prescription drug order and following a review of the patient's record, the pharmacist shall personally offer to discuss matters which will enhance or optimize drug therapy with each patient or caregiver of such a patient. Such discussion shall be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling, based on the professional judgment of the pharmacist. Such elements may include but are not limited to the following: (1) The name and description of the drug; (2) The dosage form, dose, route of administration and duration of therapy; (3) The intended use of the drug and expected action or result; (4) Any special directions or precautions for preparation, administration or use by the patient; (5) Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if such side effect, adverse effect, interaction, or therapeutic contraindication occurs; (6) Techniques for self-monitoring of drug therapy; (7) The proper storage of the drug; (8) Prescription refill information; (9) The action to be take in the event of a missed dose; and (10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug. (b) Additional forms of patient information may be used to supplement verbal patient counseling when appropriate or available. (c) Patient counseling, as described in this Code section, shall not be required for: (1) In-patients of a hospital or institution where other health care professionals are authorized to administer the drug or drugs; (2) Inmates of corrections institutions where pharmacy services are provided by the Department of Corrections or by a county or municipal political subdivision either directly or by a subcontractor of the above; or (3) Patients receiving drugs from the Department of Human Resources Division of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-26.1 shall include in all dispensing procedures a THURSDAY, MARCH 13, 1997 1439 written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section. (d) A pharmacist shall not be required to counsel a patient or the caregiver of the patient when the patient or the caregiver of the patient refuses such consultation or counseling. 26-4-86. The board may establish regulations governing the compounding of medication by pharmacists and pharmacies licensed in this state. 26-4-87. Reserved. 26-4-88. The board shall promulgate rules and regulations governing the appropriate and proper storage and handling of controlled substances and dangerous drugs as defined in Chapter 13 of Title 16 which are consistent with those standards established by the United States Pharmacopeial Convention. 26-4-89. (a) No person shall engage in the dispensing of any medicines, drugs, or poisons unless said person is a pharmacist licensed in accordance with this chapter or a pharmacy intern dispensing such items in accordance with this chapter. (b) This chapter shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs or medicines except as provided in Code Section 26-4-130. (c) Nothing in this Code section shall prohibit any person from assisting any duly licensed pharmacist or practitioner, provided that such duly licensed pharmacist or practitioner shall be physically present in the prescription area and actually observing the actions of such person performing such tasks; provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner. (d) With respect to pharmacy technicians, the following functions require the professional judgment of a pharmacist, or pharmacy intern under the supervision of a pharmacist, and may not be performed by a pharmacy technician: (1) Acceptance of initial oral prescriptions; (2) Certification of a filled or finished prescription or prescription drug order; (3) Weighing or measuring active ingredients without a mechanism of verification; (4) Reconstitution of prefabricated medication without a mechanism of verification; (5) Verification of the constituents of final IV admixtures for accuracy, efficacy, and patient utilization; (6) Entry of orders on patient medication profiles without verification by a pharmacist; and (7) Provision of drug information that has not been prepared or approved by the pharmacist. 26-4-90. Any person who shall sells or dispenses drugs by the use of vending machines shall be guilty of a misdemeanor. ARTICLE 6 26-4-110. (a) All facilities engaged in the manufacture, production, sale, or distribution of drugs or devices utilized in the practice of pharmacy or pharmacies where drugs or devices are dispensed or pharmacy care is provided shall be licensed by the board and shall biennially renew their license with the board. Where operations are conducted at more than one location, each such location shall be licensed by the board. (b) The board may by rule determine the licensure classifications of all persons and facilities licensed as a pharmacy under this article, and establish minimum standards for such persons and facilities. 1440 JOURNAL OF THE HOUSE, (c) The board shall establish by rule, under the powers granted to it under Article 2 of this chapter and as may be required from time to time under federal law the criteria which each person must meet to qualify for licensure as a pharmacy in each classification. The board may issue licenses with varying restrictions to such persons where the board deems it necessary. (d) Each pharmacy shall have a pharmacist in charge. Whenever an applicable rule requires or prohibits action by a pharmacy, responsibility shall be that of the owner and the pharmacist in charge of the pharmacy, whether the owner is a sole proprietor, partnership, association, corporation, or otherwise. (e) The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning licensure of any pharmacy. (f) The board may deny or refuse to renew a pharmacy license if it determines that the granting or renewing of such license would not be in the public interest. (g) It shall be unlawful for any person in connection with any place of business or in any manner to take, use, or exhibit the title 'drug store,' 'pharmacy,' apothecary,' or any combination of such titles or any title or designation of like import or other term to take the place of such title, unless such place of business is licensed as a pharmacy under the provisions of this chapter. (h) Every pharmacy licensed under this chapter shall have a prescription department which shall be kept clean and free of all materials not currently in use in the practice of compounding or preparing a medication for dispensing. The space behind the prescription counter shall be kept free of obstruction at all times. (i) During hours of operation, every pharmacy licensed pursuant to this chapter shall have a prescription department under the personal supervision of a duly licensed pharmacist who shall have personal supervision of not more than one pharmacy at the same time, provided that nothing in this chapter shall be construed to prohibit any pharmacist from having personal supervision of a pharmacy located in a hospital, nursing home, college of pharmacy, or a pharmacy owned and operated directly by a health maintenance organization. Every pharmacy licensed under this chapter, except those located within and owned and operated by a duly licensed and accredited hospital, nursing home, or college of pharmacy or a pharmacy complying with subsection (j) of this Code section, shall have a prescription department open for business at all times that the business establishment is open to the public, except that during temporary absences of any licensed pharmacist not to exceed three hours daily or more than one and one-half hours at any one time the prescription department shall be closed and no prescription shall be filled or dispensed. (j) If a pharmacy is located in a general merchandising establishment, or if the owner of the pharmacy so chooses, a portion of the space of the business establishment may be set aside and permanently enclosed or otherwise secured. Only that permanently enclosed or otherwise secured area shall be subject to the provisions of this chapter and shall be registered as a pharmacy. In such case, the area to be registered as a pharmacy shall be permanently enclosed with a partition built from the floor to the ceiling or otherwise secured in a manner as provided by the board through rules and regulations. Identification of the area by the use of the words 'drug,' 'medicine,' 'drug store,' 'apothecary,' 'pharmacy,' or other such terms shall be restricted to the prescription department area licensed as a pharmacy by the board. 26-4-111. (a) The board shall specify by rule the pharmacy licensure procedures to be followed, including but not limited to specification of forms for use in applying for such licensure and times, places, and applicable fees. (b) Applicants for licensure to distribute, manufacture, sell, purchase, or produce drugs or devices within this state shall file with the board a verified application containing such information as the board requires of the applicant relative to the qualifications for a license. (c) Pharmacy licenses issued by the board pursuant to this chapter shall not be transferable or assignable. THURSDAY, MARCH 13, 1997 1441 (d) The board shall specify by rule minimum standards for responsibility of any person or pharmacy that has employees or personnel engaged in the practice of pharmacy, manufacture, distribution, production, sale, or use of drugs or devices in the conduct of their business. If the licensed person is a pharmacy located in this state, that portion of the facility to which such license applies shall be operated only under the direct supervision of a pharmacist licensed to practice in this state. 26-4-112. (a) The board shall be notified immediately upon the occurrence of any of the following: (1) Permanent closing of a licensed pharmacy; (2) Change of ownership, management, or location of a licensed pharmacy; (3) Change of the pharmacist in charge of a licensed pharmacy; (4) Any theft or loss of drugs or devices of a licensed pharmacy; (5) Any known conviction of any employee of a licensed pharmacy of any state or federal drug laws; (6) Disasters, accidents, theft, destruction, or loss of records of a licensed pharmacy required to be maintained by state or federal law; (7) Occurrence at a licensed pharmacy of a significant adverse drug reaction as defined by rules of the board; or (8) Any and all other matters and occurrences at a licensed pharmacy as the board may require by rule. 26-4-113. (a) No person shall operate as a pharmacy until a pharmacy license has been issued to such person by the board. (b) Except where otherwise permitted by law, it shall be unlawful for a manufacturer or a wholesale distributor to distribute or deliver drugs or devices to any person in this state not licensed under this chapter. Any person who shall distribute or deliver drugs or devices to a person not licensed under this chapter shall be subject to a fine to be imposed by the board not to exceed $1,500.00 for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor. (c) The board may suspend, revoke, deny, or refuse to renew the pharmacy license of any person on any of the following grounds: (1) The finding by the board of violations of any federal or state laws relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances; (2) Any felony convictions under federal or state laws; (3) The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution; (4) Suspension or revocation by the federal or state government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices including controlled substances; (5) Obtaining any remuneration by fraud, misrepresentation, or deception; (6) Dealing with drugs or devices that are known or should have been known to be stolen drugs or devices; (7) Purchasing or receiving of a drug or device from a source other than a person or pharmacy licensed under the laws of the state except where otherwise provided; (8) Wholesale drug distributors, other than pharmacies, dispensing or distributing drugs or devices directly to patients; or (9) Violations of any of the provisions of this chapter or of any of the rules adopted by the board under this chapter. (d) Reinstatement of a pharmacy license that has been suspended, revoked, or restricted by the board may be granted in accordance with the rules of the board. 26-4-114. (a) A pharmacy located within and owned and operated by a school or college of pharmacy in this state may apply to the board for a special pharmacy permit which shall 1442 JOURNAL OF THE HOUSE, entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educational or research purposes. The application shall include the name of a registered pharmacist who shall be responsible for maintaining accurate records regarding the purchase, receipt, possession, and disposal of drugs utilized for educational or research purposes. If the board certifies that the application complies with applicable laws and rules and regulations, the board shall issue the permit. (b) A holder of a special pharmacy permit under subsection (a) of this Code section shall not engage in the sale or dispensing of drugs. (c) The board shall have the authority to promulgate rules and regulations governing the holder of a special pharmacy permit under this Code section and may exempt the holder thereof from requirements otherwise applicable to other pharmacies. 26-4-115. (a) All persons, firms, or corporations, whether located in this state or in any other state, engaged in the business of selling or distributing drugs at wholesale in this state, in the business of supplying drugs to manufacturers, compounders, and processors in this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse drug distributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursuant to the rules and regulations of the board and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, wholesale distribution, or reverse drug distribution of controlled substances or dangerous drugs as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked. (b) Every drug wholesaler, distributor, or supplier registered as provided in Chapter 13 of Title 16 or in subsection (a) of this Code section, except reverse drug distributors, shall: (1) Be required to submit a monthly report as prescribed by the board accounting for all transactions involving controlled substances listed in Schedule II as defined in Code Section 16-13-26; provided, however, that the submission of a copy of the report relative to such transactions required by the federal Drug Enforcement Agency shall be sufficient. The reports shall be submitted to the board; and (2) Be required to submit reports of excessive purchases of controlled substances with the federal Drug Enforcement Agency pursuant to 21 C.F.R. Sec. 1301.74 and shall be required to submit a copy of each such report to the board. (c) The board shall be authorized to promulgate rules and regulations to facilitate com- pliance with this Code section. (d) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state. (e) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both. (f) Any practitioner who knowingly transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection THURSDAY, MARCH 13, 1997 1443 (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both. 26-4-116. (a) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from a pharmacy licensed in this state only in accordance with the provisions of this Code section. (b) The medical director of an emergency service provider and the issuing pharmacy must have a signed contract or agreement designating the issuing pharmacy as the provider of drugs and consultant services and a copy must be filed with the state board and the Department of Human Resources prior to any drugs being issued. The medical director of an emergency service provider may only have one contractual relationship with one pharmacy per county serviced by such emergency service provider. (c) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist in charge of the issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition. (d) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs. (e) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use. (f) A pharmacist from the contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that: (1) Drugs are properly stored, especially those requiring special storage conditions; (2) Drugs are properly accounted for by personnel of such emergency service provider; (3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and (4) All policies and procedures are followed and enforced. (g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board. ARTICLE 7 26-4-130. (a) For purposes of this Code section, the term: (1) 'Drugs' means drugs as defined in this chapter and controlled substances as defined in Article 2 of Chapter 13 of Title 16. (2) 'Practitioner' or 'practitioner of the healing arts' means, notwithstanding Code Section 26-4-5, a person licensed as a dentist, physician, podiatrist, or veterinarian under Chapter 11, 34, 35, or 50, respectively, of Title 43. (b) The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-26.1 shall have the meaning provided for such term in Code Section 43-34-26.1. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 1444 JOURNAL OF THE HOUSE, to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 43-34-26.1. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section. (c) All practitioners who dispense drugs shall comply with all record-keeping, labeling, packaging, and storage requirements imposed upon pharmacists and pharmacies with regard to such drugs pursuant to this chapter and Chapter 13 of Title 16. (d) All practitioners who dispense drugs shall make all records required to be kept under subsection (c) of this Code section available for inspection by the board. (e) Any practitioner who desires to dispense drugs shall notify, at the time of the renewal of that practitioner's license to practice, that practitioner's respective examining board of that practitioner's intention to dispense drugs. That examining board shall notify the board regarding each practitioner concerning whom that board has received a notification of intention to dispense drugs. The examining board's notification shall include the following information: (1) The name and address of the practitioner; (2) The state professional license number of the practitioner; (3) The practitioner's Drug Enforcement Administration license number; and (4) The name and address of the office or facility from which such drugs shall be dispensed and the address where all records pertaining to such drugs shall be maintained. (f) The board shall have the authority to promulgate rules and regulations governing the dispensing of drugs pursuant to this Code section. (g) This Code section shall not apply to practitioners who provide to their patients at no cost manufacturer's samples of drugs. 26-4-131. The examination of specimens of foods, drugs, and cosmetics shall be made by the state chemist or under direction of that chemist and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this title; and, in the case of drugs and cosmetics, if it shall appear from any such examination that any such specimens are adulterated or misbranded within the meaning of this title, a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination under the oath of such analyst or officer, shall be forwarded to the board without delay. If it shall appear to the satisfaction of the board and the Attorney General, in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce or the act complained of comes under the supervision and jurisdiction of the United States, the board shall certify the case to the United States district attorney in whose district the violation may have been committed. ARTICLE 8 26-4-140. This article shall be known and may be cited as the 'Third-party Prescription Program Law of 1983.' 26-4-141. The General Assembly finds that certain practices are unfair to providers of pharmaceuticals, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceuticals to the public. The General Assembly further finds that there is a need for regulation of certain practices engaged in by some third-party prescription program administrators. 26-4-142. As used in this article, the term: (1) 'Administrator' means that person, corporation, or business entity which administers a program, is legally liable for any payments to a participating pharmacy under a program, or both. THURSDAY, MARCH 13, 1997 1445 (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Contract' means a program contract. (4) 'Enrollee' means a consumer who receives pharmaceuticals under a program. (5) 'Participating pharmacy' means a pharmacy having a contract to provide pharmaceuticals to enrollees under a program. (6) 'Pharmaceuticals' means drugs, devices, or services available from a pharmacy. (7) 'Prevailing rate' means the average wholesale price of the pharmaceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this article exceed the eighty-fifth percentile of the retail prices charged by all pharmacies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less. (8) 'Program' means a third-party prescription program. (9) 'Program contract' means that contract creating rights and obligations between a participating pharmacy and a program or administrator. (10) 'Program identification card' means a document which identifies enrollees as participants in a program. (11) 'Third-party prescription program" means any system of providing payments or reimbursement of payments made for pharmaceuticals pursuant to a contract between a pharmacy and another party, including insurance companies and administrators of programs, who are not consumers of the pharmaceuticals under that contract and shall include, without being limited to, insurance plans whereby an enrollee receives pharmaceuticals which are paid for by insurance companies or administrators, or by an agent of his employer, or by others. 26-4-143. (a) Unless the program is exempt under subsection (b) of this Code section, no administrator, person, corporation, or business entity shall offer, operate, or administer a program in this state unless that program has been submitted to the Commissioner, in a manner provided by the Commissioner, and is approved by the Commissioner as complying with the requirements of this article. (b)(l) A program contract existing immediately prior to January 1, 1984, shall be exempt from the requirements of this article but shall not be renewed or otherwise extended beyond its renewal or expiration date, respectively, as specified immediately prior to January 1, 1984, unless the program under the renewed or extended contract is approved by the Commissioner under subsection (a) of this Code section, except that if no such expiration or renewal date is provided in that program contract, the program contract shall be submitted not later than March 1, 1984, to the Commissioner for approval. (2) A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall be exempt from the requirements of this article. (3) A policy or plan regulated under Title 33, relating to insurance, which does not include or utilize a third-party prescription program or contract shall be exempt from the requirements of this article. (c) A program approved by the Commissioner may have that approval revoked or suspended if it fails to meet any requirements therefor specified in this article or if it fails to be administered in conformity with those requirements. (d) Disapproval or revocation or suspension of approval of a program by the Commissioner shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 26-4-144. (a) A program offered in this state and not exempt under subsection (b) of Code Section 26-4-143 shall provide all of the following: 1446 JOURNAL OF THE HOUSE, (1) A statement of the method, frequency, and amount of claim reimbursement to participating pharmacies; (2) That any valid claim for pharmaceuticals under this program will be paid to a participating pharmacy within 30 days after the claim is received by the administrator if that claim is complete, accurate, and legible, as determined by the administrator; (3) That any valid claim not paid as required in paragraph (2) of this Code section shall be subject to interest at the rate specified in paragraph (1) of subsection (b) of Code Section 33-25-10, relating to payment of interest on life insurance proceeds; (4) That reimbursement rates for pharmaceuticals shall not be less than the prevailing rates therefor paid by consumers who are not enrollees; (5) That each participating pharmacy and enrollee will be notified in writing by the administrator of the cancellation of any program at least 30 days prior to the effective date of cancellation, except that where the administrator is not notified of such cancellation at least 30 days prior to the effective date of cancellation, the written notice shall be provided within 30 days after the administrator received his notification; (6) That program identification cards issued to an enrollee show an expiration date; (7) That the administrator shall make reasonable efforts to gain possession of all program identification cards upon cancellation of a program for which the cards were issued; (8) That a valid claim by a participating pharmacy will not be denied upon the basis of the fraudulent use of a program identification card; (9) That at least 30 days prior to the date a program becomes effective, the program contract therefor shall be offered to all pharmacies located within those counties wherein reside enrollees in that program, which pharmacies shall have at least 30 days from the time they receive the offer to accept that offer and become participating pharmacies; (10) That any audit by a program to verify claims by a participating pharmacy shall comply with generally accepted accounting principles and procedures but shall not extrapolate randomly sampled data as a basis for reimbursement from the pharmacy which is audited or from one participating pharmacy to be the corresponding data for another participating pharmacy. In the event a claim against a participating pharmacy for reimbursement is based upon a program audit, the administrator of the program shall submit details of the audit to that participating pharmacy, and any dispute relating thereto shall be resolved under the dispute resolution procedures required under paragraph (11) of this subsection, with the Commissioner to render a final binding decision in the dispute if either party is dissatisfied with the outcome under the dispute resolution procedure; and (11) A dispute resolution procedure for disputes between the program or administrator and participating pharmacies and between the program or administrator and enrollees. (b) A program which meets the requirements of subsection (a) of this Code section shall not be administered except in conformity with those requirements, and the administration of that program except in conformity with those requirements shall constitute a violation of this Code section by the administrator of that program. 26-4-145. A participating pharmacy shall not submit claims for payment for pharmaceuticals under a program for charges in excess of those charged by that pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals. 26-4-146. (a) On and after January 1, 1984, no person, corporation, or business entity shall serve as administrator of a program which has no administrator registered under this Code section unless that person, corporation, or business entity is registered as administrator of that program with the Commissioner. (b) No administrator may be registered unless the administrator gives bond to the Commissioner conditioned to pay all losses, damages, and expenses incurred as a result of any violation of this article by the administrator or the program being administered THURSDAY, MARCH 13, 1997 1447 thereby. The bond shall be with a surety approved by the Commissioner in the amount of $200,000.00 or the total annual payments made in the immediately preceding year by all programs administered by that administrator, whichever is greater; provided, however, if the administrator is an insurance company licensed to transact insurance in this state or if the administrator is a self-insurer and is approved by the Commissioner, then such administrator shall not be required to give bond to the Commissioner. (c) No program shall be required to have more than one administrator registered and bonded under this Code section. (d) An administrator may have his registration suspended or revoked by the Commissioner upon any violation of this article by the administrator or when any program administered by the administrator fails to conform to the requirements of this article. The refusal by the Commissioner to register an administrator and the suspension or revocation of an administrator's registration shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) Records, information, and other identifying matter obtained through the submission of a claim for reimbursement by a participating pharmacy shall be used exclusively and solely for the purposes of verification and payment to the participating pharmacy and policyholder and for no other purposes. 26-4-147. No enrollee may utilize a program identification card to obtain pharmaceuticals after the program has been canceled and after the enrollee has received notification of the cancellation, and if such card is so utilized, that enrollee shall be liable to the administrator of that program for the cost of those pharmaceuticals. 26-4-148. (a) Any person, corporation, or business entity which violates subsection (a) of Code Section 26-4-146 shall be guilty of a misdemeanor. (b) Any person, corporation, or business entity which violates any provision of this article shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this article or, if the violation was knowing and willful, a civil penalty of $5,000.00 for each act in violation of this article. (c) Any person injured as a result of a violation of this article may bring an action against that person, corporation, or business entity violating this article for the recovery of all actual damages occurring as a result thereof, plus attorneys' fees. (d) An action may be brought against any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section in the county in this state in which the person resides or corporation or business entity maintains an office or, if neither residing nor maintaining an office in this state, in the Superior Court of Fulton County. (e) All penalties and remedies provided in this Code section are cumulative of each other and of any other penalties and remedies otherwise provided by law. ARTICLE 9 26-4-160. No person shall furnish by retail sale any poison enumerated in this Code section without distinctly labeling the bottle, box, vessel, or paper in which the poison is contained, and also the outside wrapper or cover thereof, with the name of the article, the word 'Poison,' and the name and place of business of the person who furnishes the same; and no poison shall be furnished unless upon due inquiry it shall be found that the person to whom it is delivered is aware of its poisonous character and shall represent that it is to be used for a legitimate purpose: (1) Schedule 'A.' Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce; 1448 JOURNAL OF THE HOUSE, (2) Schedule 'B.' Aconite, belladonna, colchicum, conium, nux vomica, henbane, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulfate of zinc, mineral acids, carbolic acid, and oxalic acid. 26-4-161. No licensed or registered druggist or pharmacist shall sell or deliver any of the poisons included in paragraph (1) of Code Section 26-4-160 without first making an entry in a book for that purpose, stating the date of the delivery, the name and address of the person receiving the poison, the name and quantity of the poison, the purpose for which it is represented by such person to be required, and the name of the dispenser. Such book shall always be open for inspection by the proper authorities and shall be preserved for reference for at least five years. 26-4-162. This article shall not apply to the dispensing of poisons in not unusual quantities or doses, upon the prescriptions of practitioners of the healing arts. 26-4-163. Any person violating this article shall be guilty of a misdemeanor." SECTION 2. This Act shall become effective on July 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Williams of the 114th moves to amend the Committee substitute to HB 330 by striking line 14 of page 11 and inserting in lieu thereof the following: "this state;". By striking line 16 of page 11 and inserting in lieu thereof the following: "pharmacy in this state after licensure; and". By inserting between lines 16 and 17 of page 11 the following: "(5) Not be officially employed as a full-time faculty member by any school or college of pharmacy.". By striking lines 30 through 35 of page 12. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Alien Anderson NAshe Bailey Y Baker Y Bannister Barfoot N Barnard Barnes Bates Benefield Y Birdsong N Bohannon N Bordeaux Bradford N Breedlove N Bridges Brooks N Brown NBuck Buckner Y Bunn Y Burkhalter N Byrd Y Campbell Canty Y Carter Y Cash Y Channel! N Childers Y Clark Coan N Coleman, B Y Coleman, T Connell Cooper Y Crawford N Crews Y Culbreth N Cummings Davis, G Y Davis, M E Day N DeLoach, B Y DeLoach, G Dix Dixon, H Dixon, S Y Dobbs Dukes Ehrhart N Epps N Evans N Everett Felton N Floyd N Franklin N Golden N Graves Y Greene N Grindley N Hammontree Y Hanner Harbin N Heard Hecht N HeckstaU N Hegstrom N Henson Y Holland E Holmes Howard N Hudgens N Hudson, H Y Hudson, N N Hugley N Irvin N Jackson N James Jamieson Y Jenkins N Johnson Y Johnston Jones Joyce THURSDAY, MARCH 13, 1997 1449 Kaye NLadd NLakly NLane Lee N Lewis Lord Lucas Maddox YMann Manning Martin, J N Martin, J.L N Massey N McBee McCall McClinton McKinney N Mills N Mobley Y Mosley N Mueller N O'Neal NOrrock YParham Y Parrish Parsons N Pelote N Perry N Pinholster NPoag NPolak Ponder Y Porter Powell Y Purcell NRagas N Randall YRay Reaves N Reichert Rice N Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid N Scott N Shanahan Shaw N SherriU Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre N Snelling NSnow N StaUings N Stancil, F N Stancil, S N Stanley, L Stanley, P N Taylor NTeague NTeper N Thomas YTUlman N Titus N Tolbert N Trense N Turnquest YTwiggs Walker, L N Walker, R.L N West N Westmoreland N Whitaker N Wiles Y Williams, B N Williams, J Williams, R N Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 39, nays 89. The amendment was lost. Representative Dukes of the 161st 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 Williams of the 114th moved that HB 330 be postponed for thirty minutes. On the motion, the roll call was ordered and the vote was as follows: Y Alien Anderson YAshe Bailey Y Baker Y Bannister N Barfoot N Barnard Barnes N Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell N Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Crews Y Culbreth Cummings Y Davis, G Y Davis, M EDay N DeLoach, B N DeLoach, G YDix Y Dixon, H Dixon, S Y Dobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin N Golden N Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Heard YHecht Y HeckstaU N Hegstrom N Henson Y Holland E Holmes Y Howard Y Hudgens N Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YLane YLee Y Lewis Lord Y Lucas N Maddox YMann Y Manning Martin, J N Martin, J.L N Massey Y McBee Y McCall McClinton McKinney YMilk Mobley Y Mosley N Mueller N O'Neal On the motion, the ayes were 122, nays 35. NOrrock YParham Y Parrish Y Parsons N Pelote N Perry N Pinholster NPoag NPolak Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shan&han Shaw N SherriU Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R N Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow N Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas Y Tillman N Titus Y Tolbert Y Trense Y Turnquest YTwiggs Walker, L N Walker, R.L Y West N Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr 1450 JOURNAL OF THE HOUSE, The motion prevailed. HR 249. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A resolution creating the Graduate Medical Education Study Commission. The following Committee substitute was read and adopted: A RESOLUTION Creating the Graduate Medical Education Study Commission; and for other purposes. WHEREAS, the state and federal governments have been the major funders of graduate medical education through their Medicaid program; and WHEREAS, it is conservatively estimated that Medicaid nationally paid $1 billion in federal fiscal year 1995 to teaching hospitals for medical education support; and WHEREAS, managed care organizations and private businesses are not contributing sufficient money or resources towards graduate medical education; and WHEREAS, the changing market and health care environment require a change in the way medical education is reimbursed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created a Graduate Medical Education Study Commission to be comprised of 16 members who will serve until January 1, 1998. The members of the commission shall include persons representing medical education, hospital based providers, the health insurance industry, self-insured business, the Department of Medical Assistance, and the public sector. The members of the commission shall be appointed as follows: ten members of the commission shall be appointed by the Governor, one of whom shall be designated as chairperson of the commission; thiee members shall be appointed by the Speaker of the House of Representatives; and three members shall be appointed by the President of the Senate. The chairperson shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the creation of a Graduate Medical Education Trust Fund. The commission shall determine the conditions, needs, issues, and problems associated with the establishment of such a fund and recommend any actions or legislation which the ommission deems necessary or appropriate, including but not limited to: (1) The specific entities which shall contribute to the fund; (2) The method by which contributors make contributions to the fund on an equitable basis; (3) A method for determining the number and type of residency positions for which medical educational funds may be used; (4) The entity which shall administer the fund; (5) Any organizational changes that are needed in existing boards involved with medical education to achieve efficiency and effectiveness; and (6) The method for the use of and distribution of medical educational funds. BE IT FURTHER RESOLVED that 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, perform its duties, and accomplish the objectives and purposes of this resolution. BE IT FURTHER RESOLVED that the members of the commission who are not state officers, employees, or members of another state board shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to pay such allowances to members other than state employees or members of other state agencies THURSDAY, MARCH 13, 1997 1451 or boards shall come from the funds appropriated to the Senate and House of Representatives. Any members of the commission who are state employees and members of other state agencies or boards shall receive no additional compensation for service on the commission but may be reimbursed for expenses incurred in service on the commission from funds appropriated to their respective departments or agencies. BE IT FURTHER RESOLVED that staff support for the commission shall be provided by the Department of Medical Assistance, the Office of Planning and Budget, the Legislative Budget Office, the House and Senate Research Offices, and the Office of Legislative Counsel. The commission may call upon any other professional association, state department, state agency, or individuals to provide such information as the commission may deem necessary. BE IT FURTHER RESOLVED that the commission is authorized to meet for no more than ten days. The commission shall submit a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the Governor and the General Assembly on or before December 15, 1997. The commission shall stand abolished on January 1, 1998. 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 Anderaon Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Cooper Y Crawford Y Crews Y Culbreth Y Cnmminga Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y DUon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Pelton Y Ployd Y Franklin Golden Y Graves Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddoi YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y 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. The Speaker Pro Tern assumed the Chair. 1452 JOURNAL OF THE HOUSE, HR 401. By Representative Orrock of the 56th: A resolution authorizing the leasing of certain real property owned by the State of Georgia 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 follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash YChannell Y Childera Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Diion, S Y Dobbs Dukes YEhrhart Y Epps YSvans Y Everett Y Felton Y Floyd Y Franklin Y Golden Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox YMann Y Manning Y Martin, J Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney YMilla Y Mobley Y Mosley Y Mueller YO'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Poag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y SneUing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 706. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd, Thomas of the 148th, Pelote of the 149th 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 change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions. The following amendment was read and adopted: Representative DeLoach of the 172nd moves to amend HB 706 by inserting between "thereto;" and "to" on line 7 of page 1 the following: "to provide for additional purposes for which such funds may be expended;". THURSDAY, MARCH 13, 1997 1453 By striking lines 15 through 18 of page 1 and inserting in their place the following: "accommodations, is amended by striking paragraphs (3) and (3.2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (3) and (3.2), respectively, to read as follows: '(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended and if such facility was substantially completed and in operation prior to December 31, 1993; (F) supporting, maintaining, or operating a museum. Amounts expended pursuant to this subparagraph shall not be subject to the provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or 4f) (G) for some combination of such purposes. Except as otherwise provided in this paragraph, amounts 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, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner.'" 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 Y Ashe Bailey Y Baker Y Bannister Y Barfoot Y Barnard Y Barries Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Cash Y Channell Y Guilders Y Clark Y Coan Y Coleman, B Y Coleman, T Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M E Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland 1454 JOURNAL OF THE HOUSE, E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCaU Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y WUliams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Mueller of the 152nd moved that HB 706 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 Bailey Y Baker Y Bannister YBarfoot Y Barnard Barnes Bates Y Benefield Birdsong Y Bohannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Coleman, T ConneU Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Duon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YLane NLee Lewis YLord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal On the motion, the ayes were 150, nays 2. The motion prevailed. Y Orrock Parham YParrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest Twiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr THURSDAY, MARCH 13, 1997 1455 Representative Walker of the 141st assumed the Chair. HB 866. By Representative Connell of the 115th: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall of Fame Authority. The following amendment was read: Representative Kaye of the 37th moves to amend HB 866 by inserting "to provide for automatic repeal under certain circumstances;" between "authority;" and "to" on line 23 of page 1. By striking the quotation marks at the end of line 3 of page 16 and by inserting between lines 3 and 4 of page 16 the following: "12-3-593. This part shall stand repealed in its entirety on July 1, 2002, unless, prior to that date, it is continued specifically in force and effect by a majority vote of the General Assembly."' On the adoption of the amendment, the roll call was ordered and the vote was as follows: Alien N Andersen N Ashe Bailey N Baker Y Bannister N Barfoot N Barnard N Barnes N Bates N Benefield N Birdsong Y Bohannon Bordeaux N Bradford Breedlove Y Bridges N Brooks Y Brown N Buck N Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty N Carter N Cash N Channell N Childers Y Clark Coan N Coleman, B N Coleman, T N Connell N Cooper N Ctawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M E Day N DeLoach, B N DeLoach, G N Dix N Diion, H N Diion, S N Dobbs N Dukes Ehrhart N Epps Y Evans Y Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland E Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James N Jamieson Jenkins N Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton McKinney Y Mills Mobley N Mosley Mueller N O'Neal NOrrock NParham N Parrish Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas Randall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott N Shanahan Shaw N Sherrill N Shipp NSims N Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 37, nays 124. The amendment was lost. Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper Thomas NTillman Y Titus N Tolbert NTrense N Turnquest NTwiggs Walker, L Y Walker, R.L NWest Y Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr 1456 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 Andersen YAshe Bailey Y Baker Y Bannister Barfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown YBuck Y Buckner Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere Y Clark Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Jones N Joyce NKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Walker, L Y Walker, R.L YWest N Westmoreland Y Whitaker Y Wiles Y WUliams, B N Williams, J Y WUliams, R N Worthan N 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. The Speaker Pro Tern assumed the Chair. HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd and Parham of the 122nd: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program. The report of the Committee, which was favorable to the 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 Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B DeLoach, G THURSDAY, MARCH 13, 1997 1457 Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Golden Y Graves Y Greene Y Grindley Y Hammontree YHannei Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland E Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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. Representative Royal of the 164th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 630. By Representative Barnes of the 33rd: A bill to amend Part 3 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of banks, so as to change the provisions relating to transaction fees charged by operators of automated teller machines. The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Davis, M E Day Y DeLoach, B Y DeLoach, G Dix Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland E Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd Y Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham 1458 Y Punish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell Y Ragas YRandall Y Ray JOURNAL OF THE HOUSE, Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y StaUings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Thomas Y Tillman Y Titus Y Tolbert Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan 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. HB 500. By Representatives Stanley of the 50th, Stanley of the 49th, Davis of the 48th, Mobley of the 69th, McKinney of the 51st and others: A bill to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, so as to provide that no municipality shall permit the location of certain retail liquor stores within 500 feet of another such store. The following Committee substitute was read: A BILL To amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, so as to provide that no county or municipality shall permit the location of certain licensed retail package liquor businesses within 500 yards of another such business; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: "(a) A municipality or county may adopt all reasonable rules and regulations, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that on and after July lj 1997, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1^ 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application." THURSDAY, MARCH 13, 1997 1459 SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Skipper of the 137th and Stanley of the 50th move to amend the Committee substitute to HB 500 as follows: Striking line 29 of page 1 and inserting in lieu thereof the following: "business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground;". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Bailey Y Baker N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong N Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn N Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford N Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Dixon, S YDobbs Y Dukes NEhrhart YEpps N Evans N Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce NKaye YLadd YLakly YLane YLee N Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre Y Snelling Snow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 16. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 1460 JOURNAL OF THE HOUSE, Representative Bohannon of the 139th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 557. By Representative Skipper of the 137th: A bill to consolidate and revise the laws of this state relating to the Division of Forensic Sciences of the Georgia Bureau of Investigation and forensic testing of evidence; to provide for a short title; 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 conditions under which certain chemical tests shall be admissible as evidence. The following Committee substitute was read: A BILL To consolidate and revise the laws of this state relating to the Division of Forensic Sciences of the Georgia Bureau of Investigation and forensic testing of evidence; to provide for a short title; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to repeal Code Section 35-3-14, relating to reimbursement of the director of the Division of Forensic Sciences for use of the director's private aircraft, Code Section 35-3-15, relating to the office of state medical examiner, and Code Section 35-3-16, relating to the testing of substances by the laboratories of the Division of Forensic Sciences; to enact a new Article 6 of said chapter; to provide for definitions; to provide for the duties and responsibilities of the Division of Forensic Sciences of the Georgia Bureau of Investigation; to provide for the appointment, duties, and responsibilities of the director of the Division of Forensic Sciences; to provide for the appointment, duties, and responsibilities of the chief medical examiner; to provide for official custodians of records of such division; to provide for establishing uniform procedures for forensic tests; to exempt certain matters from Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act"; to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to change the title of the state medical examiner; to provide for definitions; to provide for the appointment of local and regional examiners under certain conditions; to change the provisions relating to certain fees; to provide procedures relating to deaths resulting from accidents involving civil aviation; to change the provisions relating to post-mortem examinations and the holding of inquests with respect to the death of inmates in state hospitals or penal institutions; to change a provision relating to moving a body across a state line; to change the provisions relating to obtaining blood samples where a person is unable to consent; to provide for the continuation in office of certain medical examiners and continued payment of certain fees; 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. This Act shall be known and may be cited as the "Georgia Forensic Sciences Act of 1997." SECTION 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by striking in their entirety Code Sections 35-3-14, relating to reimbursement of the director of the Division of Forensic Sciences for use of the director's private aircraft, 35-3-15, relating to the office of state medical examiner, and THURSDAY, MARCH 13, 1997 1461 35-3-16, relating to the testing of substances by the laboratories of the Division of Forensic Sciences, which read as follows: "35-3-14. The bureau is authorized to reimburse the director of the Division of Forensic Sciences for use of his private aircraft on official business. The board shall approve an hourly rate in writing and the cost of such reimbursement shall be paid from funds appropriated to or otherwise available to the bureau. 35-3-15. (a) There is created within the Forensic Sciences Division of the Georgia Bureau of Investigation the office of state medical examiner, and, as used in this Code section, the term 'division' shall mean the Forensic Sciences Division of the Georgia Bureau of Investigation. No person may be a state medical examiner unless that person at the time of appointment: (1) Is a pathologist certified in forensic pathology by the American Board of Pathology; and (2) Has at least three years of full-time experience as a medical examiner. (b) The state medical examiner shall be appointed by the director of the Georgia Bureau of Investigation and shall have the following duties: (1) Establish death investigation regions throughout the state and establish policy concerning the requirements for appointment of, and operation policy of, regional medical examiners to oversee death investigation activities in each established region; (2) Appoint regional medical examiners; (3) After consulting with local county officials, appoint local medical examiners; (4) Appoint forensic consultants; (5) Organize and conduct regular educational sessions for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy; (6) Maintain permanent death investigation records for all jurisdictions in the state; (7) Establish death investigation policies and guidelines for coroners and medical examiners; (8) Cooperate with other state agencies, as appropriate, to ensure public health and safety; and (9) Remove local medical examiners, regional medical examiners, and forensic consultants from appointment, upon approval by the director of the division. (c) In the event that the director of the Georgia Bureau of Investigation has not yet appointed a person to fill the position of state medical examiner, or if an appointment has been previously made but a subsequent vacancy has occurred, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation shall be authorized to perform all duties of the state medical examiner during such vacancy. (d) There is created the Medical Examiner Advisory Commission consisting of the following individuals: (1) The commissioner of human resources; (2) A district attorney; (3) A defense attorney; (4) Two licensed physicians, at least one of whom shall be a forensic pathologist who serves as a full-time medical examiner in this state; (5) A coroner; (6) A superior court judge; (7) A layperson other than those indicated above; (8) A sheriff or local law enforcement officer; and (9) A funeral director licensed as such pursuant to Chapter 18 of Title 43. (e) The commissioner of human resources shall be an ex officio voting member of the commission and shall serve while holding his state office. All other members of the commission shall be appointed by the Board of Public Safety created by Code Section 35-2-1. The first members so appointed shall begin their terms of office on July 1, 1990, with five of those members serving for initial terms of two years each and four of those 1462 JOURNAL OF THE HOUSE, members serving for initial terms of four years each, as such terms are specified in their appointment. After those initial terms, appointed members shall be appointed by the Board of Public Safety for terms of four years each. Each appointed member shall serve the term specified in this subsection and until the appointment and qualification of that member's respective successor. Any vacancy on the commission, other than of its ex officio member, shall be filled by the Board of Public Safety's appointment of a successor who meets the qualifications for the vacated membership position to which the person is appointed. The Board of Public Safety, after notice and hearing, may remove any member appointed by the board for neglect of duty, misconduct, or incompetence. (f) The commissioner of human resources shall receive no additional compensation for service on the commission but shall be reimbursed for expenses incurred by that commissioner in the performance of duties as such member. The funds necessary for the reimbursement of the expenses of the commissioner of human resources shall come from funds appropriated or otherwise available to the Department of Human Resources. (g) Members of the commission, other than the commissioner of human resources, shall receive no compensation, allowances, or expenses for their services on the commission, (h) The first meeting of the commission shall be called each year by the commissioner of human resources, who shall preside at that meeting until the members have elected a chairman and vice chairman and provided for the organization of the commission. The commission shall meet at least semiannually and at such additional times as necessary to carry out its duties. (i) The commission shall recommend policies to improve the investigation of deaths in this state to the director of the Georgia Bureau of Investigation, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation, and the state medical examiner. (j) The commission shall recommend to the director of the Georgia Bureau of Investigation candidates for appointment as the state medical examiner. 35-3-16. (a) In any proceeding for a violation of the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act,' a law enforcement agency may submit to one of the laboratories operated by the Division of Forensic Sciences of the Georgia Bureau of Investigation any substance, including but not limited to any substance believed to be a controlled substance or dangerous drug, or counterfeit thereof, or any poisons or any drugs. Also, a law enforcement agency may, in any prosecution for the offense of driving under the influence of alcohol or drugs under Code Section 40-6-391, submit a sample of the suspect's blood or urine for analysis in such case. The laboratory shall analyze these substances. (b) Upon the request of the appropriate district attorney's office, the laboratory employee performing the analysis shall prepare a certificate. This employee shall sign the certificate under oath and shall include in the certificate an attestation as to the result of the analysis. The presentation of this certificate to a court by any party to a proceeding shall be evidence of compliance with all of the requirements and provisions of this Code section. This certificate shall be sworn to before a notary public or other person authorized by law to administer oaths and shall contain a statement establishing the type of analysis performed, the result achieved, and that the subscriber is the person who performed the analysis. When properly executed, the certificate shall, subject to subsection (c) of this Code section and notwithstanding any other provision of law, be admissible evidence of the composition, quality, and quantity of the substance submitted to the laboratory for analysis, and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that he or she is that person. (c) Whenever a party intends to tender in a criminal or civil proceeding a certificate executed pursuant to this Code section, notice of an intent to proffer that certificate and any reports relating to the analysis in question, including a copy of the certificate, shall be served on the opposing party or parties at least ten days before the proceeding begins. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the grounds for the objection within ten days THURSDAY, MARCH 13, 1997 1463 of receiving the adversary's notice of intent to tender the certificate. Whenever a notice of objection is filed, admissibility of the certificate shall be determined not later than two days before the beginning of the trial. A proffered certificate shall be admitted into evidence unless it appears from the notice of objection and specific grounds for that objection that the composition, quality, quantity, or chain of custody of the substance submitted to the laboratory for analysis will be contested in good faith at trial. A failure to comply with the time limitations regarding the filing of the notice of objection and the grounds for the objection required by this Code section shall constitute a waiver of any objections to the admission of the certificate. The time limitations set forth in this Code section shall not be relaxed except upon a showing of good cause." SECTION 3. Said chapter is further amended by inserting after Article 5 a new Article 6, to read as follows: "ARTICLE 6 35-3-150. As used in this article, the term: (1) 'Board' means the Board of Public Safety. (2) 'Crime lab" or 'state crime lab' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (3) 'Director* means the director of the Georgia Bureau of Investigation. (4) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (5) 'Division director' means the director of the Division of Forensic Sciences of the Georgia Bureau of Investigation. (6) 'Independent test' means a forensic analysis of evidence in the custody and possession of the state or any political subdivision or authority thereof conducted at the request of or on behalf of any person other than a prosecuting attorney, law enforcement officer, or other authorized agent of the state or which are ordered conducted by a court at the request of an accused. (7) 'Regional medical examiner' shall have the same meaning as defined in paragraph (13) of Code Section 45-16-21. (8) 'Rule' or 'rules' means a rule or regulation adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 35-3-151. The Division of Forensic Sciences of the Georgia Bureau of Investigation: (1) Shall provide a state-wide system of laboratories dedicated to conducting forensic analysis of evidence submitted to the laboratory by law enforcement agencies, prosecuting attorneys, coroners, and medical examiners; (2) Shall provide forensic services to the criminal justice system for the examination and analysis of evidence in the areas of medical examiner inquiries, latent fingerprints, photography, questioned documents, firearms and weapons, trace evidence, implied consent, blood alcohol, toxicology, chemistry, drugs, serology, DNA, and such other areas as the director may authorize or the board shall direct; (3) Shall establish standards for the identification, collection, transportation, and analysis of forensic evidence; (4) Shall facilitate independent testing or analysis of evidence within the possession, custody, or control of the division as provided in paragraph (3) of subsection (a) of Code Section 17-16-4, relating to discovery in criminal cases; (5) Shall provide for and establish uniform fees as approved by the board to be paid to medical examiners, dentists, and other professionals for participating in medical examiners' inquiries or coroners' inquests pursuant to Article 2 of Chapter 16 of Title 45, known as the 'Georgia Death Investigation Act'; (6) May assist in the training of law enforcement officers, prosecuting attorneys, coroners, and medical examiners as it relates to forensic sciences in cooperation with the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' 1464 JOURNAL OF THE HOUSE, Council of the State of Georgia, and the Georgia Coroner's Training Council, as appropriate; and (7) May assist in the training of judges and attorneys as it relates to forensic sciences in cooperation with the Institute of Continuing Judicial Education of Georgia and the Institute of Continuing Legal Education, as appropriate. 35-3-152. (a) Responsibility for the development, maintenance, and operations of the division shall be vested in the division director. (b) The division director shall be appointed by the director of the Georgia Bureau of Investigation. (c) The division director may, with the approval of the board, establish such advisory panels as may be necessary to assist the director to maintain and improve quality control and customer satisfaction. (d) The division director shall appoint and maintain the necessary professional and support staff to enable the division to carry out its duties and responsibilities effectively and efficiently. (e) The division director may designate one or more members of the division staff as the official custodians of the records of the division. 35-3-153. (a) Within the division there shall be an office of chief medical examiner. (b) The chief medical examiner shall be appointed by the director. No person may be the chief medical examiner unless that person at the time of appointment is a pathologist certified in forensic pathology by the American Board of Pathology. (c) It shall be the duty of the chief medical examiner to: (1) Establish death investigation regions throughout the state and establish policies concerning the requirements for appointment of regional medical examiners to oversee death investigation activities in each established region; (2) Appoint regional medical examiners; (3) Employ forensic consultants and other independent contractors with the approval of the division director; (4) Organize and conduct regular educational sessions as may be needed for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy; (5) Maintain permanent death investigation records for all jurisdictions in the state; (6) Establish death investigation guidelines for coroners and medical examiners; and (7) Cooperate with other state agencies, as appropriate, to ensure public health and safety. (d) If there is a vacancy in the office of chief medical examiner or the chief medical examiner is disqualified or otherwise unable to perform the duties of said office, the division director shall be authorized to perform the duties of chief medical examiner. 35-3-154. The division shall: (1) Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded by the modification; (2) Adopt rules and regulations as required by law; and (3) In cooperation with the Georgia Peace Officer Standards and Training Council, provide for the training and certification of operators of such breath test equipment. A copy of such operator's certificate shall be prima-facie evidence in any civil, criminal, or administrative proceeding that such operator was qualified to operate such equipment. 35-3-155. Unless otherwise specifically provided by law, technical, scientific, and similar processes, procedures, guidelines, standards, and methods for the collection, preservation, or testing THURSDAY, MARCH 13, 1997 1465 of evidence adopted by the division shall not be subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 4. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," is amended by striking Code Section 45-16-21, relating to definitions, and inserting in lieu thereof a new Code Section 45-16-21 to read as follows: "45-16-21. As used in this article, the term: (1) 'Autopsy' means the dissection of a dead body and the examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause of death and circumstances surrounding the same, which procedure shall include as a minimum an external examination and the examination of the brain, neck and thoracic organs, and abdominal organs. (1.1) 'Chief medical examiner' means the chief medical examiner appointed pursuant to Code Section 35-3-153. (2) 'County medical examiner' means that office established in lieu of the office of coroner pursuant to Code Section 45-16-80 or any amendment to the Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV of the Constitution. (3) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (4) 'External examination' means an external examination of a dead body but shall not include dissection of the body for any purpose except dissection which is necessary for and limited to procurement of blood or body fluids for toxicological or other analysis. (5) 'Forensic consultant' means a person meeting the requirements and authorized to perform the duties specified in subsection (c) of Code Section 45-16-23. (6) 'Inquest' means an official judicial inquiry before a coroner and coroner's jury for the purpose of determining the cause of death. (7) 'Limited dissection' means the incision into or dissection of a dead body for diagnosis or evidence collection and the term includes without being limited to an external examination but does not include an individual examination of the: (A) Brain; (B) Neck organs; (C) Thoracic organs; and (D) Abdominal organs but may include an examination of any but not all of the categories of organs specified in subparagraphs (A) through (D) of this paragraph. (8) 'Local medical examiner' means a person meeting the requirements and authorized to perform the duties specified in subsection (b) of Code Section 45-16-23. (9) 'Medical examiner' means: (A) The state chief medical examiner; (B) A regional medical examiner; (C) A county medical examiner; (D) A local medical examiner; or (E) Any person who is employed by the state and appointed as a medical examiner as of December 1, 1989, who continues to perform the duties and exercise the powers of a medical examiner under this article when such performance and exercise is within the scope of such employment. (10) 'Medical examiner's inquiry' means an inquiry made by a medical examiner into the circumstances surrounding a death which is required to be reported under the provisions of Code Section 45-16-24, which inquiry may include, but is not required to include, a scene investigation, an external examination, a limited dissection, an autopsy, or any combination thereof. 1466 JOURNAL OF THE HOUSE, (11) 'Medical examiner's investigator' means a person meeting the requirements and authorized to perform the duties specified in subsection (d) of Code Section 45-16-23. (12) 'Peace officer in charge' means any peace officer of the Georgia State Patrol or agent of the Georgia Bureau of Investigation, sheriff or sheriffs deputy, peace officer assigned to the coroner's office, county policeman, city policeman, or city detective who may be in charge of the investigation of any case involving a death covered by Code Sections 45-16-27 and 45-16-32. (13) 'Regional medical examiner' means a medical examiner who is employed by the Georgia Bureau of Investigation and who is a pathologist certified in forensic pathology by the American Board of Pathology appointed by the state chief medical examiner pursuant to Code Section 35-3-153 whe is ft pathologist certified in forensic pathology by the American Beard ef Pathology. (14) 'Scene investigation' means an examination by the medical examiner or medical examiner's investigator of the area surrounding a dead body or area where a death or agonal event occurred. \lo/~ oCflwJ ffiCulCEu CXftlBlllGf" IRC&RS ft U16dlCLl CXfllHlHCP WI1OSC OII1CC IS1 CPCflcCr Dy Cede Section 36 -8-16. {K>)(15) 'Unattended death,' 'died unattended,' or 'died unattended by a physician' means a death where a person dies of apparently natural causes and has no physician who can certify the death as being due to natural causes. If the suspected cause of death directly involves any trauma or complication of such trauma, the death must be reported to the coroner or county medical examiner. An unattended death also occurs when a person is admitted in an unresponsive state to a hospital and dies within 24 hours of admission." SECTION 5. Said article is further amended by striking in its entirety Code Section 45-16-22, relating to medical examiners' inquiries, and inserting in lieu thereof the following: "45-16-22. (a) The director of the division is authorized and directed to cooperate with and assist the peace officers in charge, medical examiners, and coroners of the state in making the facilities of the division available for the performing of medical examiners' inquiries on dead bodies as required by this article. (b) The county governing authority shall after consulting with the coroner, if any, be authorized to appoint one or more local medical examiners who shall be licensed physicians or pathologists. The state chief medical examiner shftH may, at the request of a county governing authority, authorize one or more licensed physicians or pathologists at convenient locations throughout the state to act as local medical examiners in performing medical examiners' inquiries as required by this article. The state chief medical examiner shall confer with local county officials in making appointments of regional and local medical examiners. Any regional or local medical examiner appointed by the chief medical examiner shall have such jurisdiction within this state as designated by the chief medical examiner. (c) Except as otherwise provided in this article, it shall be in the sole discretion of the medical examiner to determine whether or not an autopsy or limited dissection is required; provided, however, that fee the medical examiner shall give due consideration to the opinions of the coroner and the peace officer in charge regarding the requirements of accepted investigation techniques and the rules of evidence applicable thereto. (d) In the event that any local medical examiner; county medical examiner, or regional medical examiner is unable or unwilling to serve in any case, the coroner or the peace officer in charge may call upon the state chief medical examiner, who shall perform a medical examiner's inquiry or direct another medical examiner to perform such inquiry. (e) For each external examination so performed, in cases where limited dissection or autopsy of the body is not required, the medical examiner shall receive a fee ef- $100.00; CUldy HI CAS68 WftCPC uISSCCtiOM Or tftC DOtty IS FCQUlFCu } ftC 3HA11 FCCC1V6 "A 1C6 r ipOTTWWty IO1? ft llUlltCu O.1936Cif1OH &HQ ft ICC Ox lp4UU.UU IOF flR flUlOpOy tilC I6G 86t 111 nCCOrQoJlCC with the provisions of Code Section 35-3-151. The fee in each case is to be paid from THURSDAY, MARCH 13, 1997 1467 funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner. (f) When death occurs in a hospital as a direct result and consequence of acts or events taking place in a county other than the one in which such death occurs, the body shall be returned to the county in which such acts or events took place. When a dead body is found in a county in which the acts or events leading to death did not occur, it shall be returned to the county in which the acts or events did occur, if known. The coroner or county local medical examiner of the county in which such acts or events took place shall assume jurisdiction and the medical examiner's inquiry, if any performed, shall be paid for from funds of the county in which such acts or events took place. (g) In the event that a medical examiner's inquiry is performed by the state chief medical examiner or an employee thereof, no fee therefor shall be imposed pursuant to this Code section. In the event that a medical examiner's inquiry is performed by a medical examiner regularly employed at a fixed compensation by any county or group of counties, no fee shall be imposed upon any county or group of counties employing that medical examiner at a fixed compensation! (h) The director ef the division is authorized te employ seh additional clerical er score UU*l(kx &99iSuLHG& ftS Dttfty DC MCCCSSftTy tO flCCOU1 pllSft U1Q pCPIOFItt txlC UUWC9 1 ZQpOSGu upon iiim Dy tttis flFticic. SECTION 6. Said article is further amended by striking subsection (b) of Code Section 45-16-25, relating to the duties of coroners and county medical examiners, and inserting in lieu thereof the following: "(b) When positive identification of dead bodies has not been established conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical characteristics, such as prosthetic appliances, or by comparison of skeletal X-rays, including previous fractures, or by amputations, the medical examiner must either chart or X-ray the decedent's dentition or call upon a licensed dentist of his the medical examiner's choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by removal of the jaws with teeth to the dentist's office. The dentist shall chart the deceased's dentition and make two copies, one of which shall be filed with the medical examiner's inquiry report to the division ad state medical examiner^ office and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at his or her discretion, make such X-rays of the mouth as he or she deems necessary. The dentist 40 f>ntit1r'H tr% a. fon nf flxfxfl OO ff\r rVi/iytincr tVtfi HmJ'ii'irm nt tVift Tiifvrfnip nr TPPTIP JJOK AQ rOF CllftTt1H[ tfl6 QCntlfiOm dr ntS OIIICC) fi!i( (piJO.OU rOf A.TMFftyS Sll&il DC pQlu. fl ICC flS determined in accordance with Code Section 35-3-151. These fees shall be paid by the county of the coroner's or county local medical examiner's jurisdiction." SECTION 7. Said article is further amended by adding following subparagraph (a)(l)(D) of Code Section 45-16-27, relating to performing a post-mortem examination and holding an inquest, a new subparagraph (a)(l)(D.l), to read as follows: "(D.I) In cases of deaths resulting from an accident involving any civil aircraft, it shall be the responsibility of the peace officer in charge to notify the National Transportation Safety Board or the Federal Aviation Commission of such accident, to proceed to the scene and guard the area in such manner that no bodies, wreckage, cargo, or mail shall be moved or disturbed until authorized by a representative of the National Transportation Safety Board or the Federal Aviation Commission except to the extent necessary to remove persons injured or trapped, to protect the wreckage from further damage, or to protect the public from injury. Where it is necessary to move aircraft wreckage, mail, or cargo, sketches, descriptive 1468 JOURNAL OF THE HOUSE, notes, and photographs shall be made, if possible, of the original positions and condition of the wreckage and any significant impact marks. The coroner or medical examiner shall assist investigators from the National Transportation Safety Board or the Federal Aviation Commission as authorized by federal law;". SECTION 8. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 45-16-27, relating to performing a post-mortem examination and holding an inquest, and inserting in lieu thereof the following: "(2) When an inmate of a state hospital or a state, county, or city penal institution dies auddcnly unexpectedly without an attending physician or as a result of violence. The state chief medical examiner or his or her designee, regional medical examiner, or county local medical examiner shall perform all medical examiners' inquiries i eases ef death ef any inmate ef a state hospital * state, county, ei city penal inatitutie. The coroner, in those counties in which such office has not been replaced by a county local medical examiner, shall hold an inquest after receiving the written reports as set forth in Code Section 45-16-32;". SECTION 9. Said article is further amended by striking in their entirety Code Sections 45-16-29 and 45-16-30, relating to the removal of bodies and the transportation of bodies across state lines, respectively, and inserting in lieu thereof the following: "45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the coroner or medical examiner present at such investigation; or, if no such coroner or medical examiner is present, the peace officer shall authorize such removal; provided, however, that this Code section shall not apply to the removal of a body where the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. If the death resulted from an accident involving the operation of civil aircraft, no body shall be removed until authorized by the representative of the National Transportation Safety Board or the Federal Aviation Commission. 45-16-30. No person shall move or transport a body across a Georgia state line until the investigation of the case and the medical examiner's inquiry are complete and until the removal of the body is authorized by the coroner or county medical examiner. Any Except when the conduct is a violation of Code Section 16-10-94, any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail, or both." SECTION 10. Said article is further amended by striking in its entirety Code Section 45-16-46, relating to obtaining blood samples where a person is unable to consent, and inserting in lieu thereof the following: "45-16-46. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his or her consent to the taking of a sample of blood for analytical purposes, the coroner or peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances or in the case of a dead body and where appropriate for the presence of infectious agents. The blood may be drawn by the medical examiner or at his the medical examiner's direction. The medical examiner or his or her designee shall be entitled to a fee ef- $20.00 set in accordance with Code Section 35-3-151 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22. The peace officer may also request any licensed physician, registered nurse, emergency THURSDAY, MARCH 13, 1997 1469 medical technician, e* a medical or laboratory technician or other qualified person who draws bleed frera patients as part ef his regular duties to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability ft9 ft FGSUil Or 1116 IU6d1Cfllly pFOpCF 0 DHUMing "Or SUCH D1QOU WH6I1 FGC[UC9tGd "HI WHX1H by the peace officer. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a certified report shall be submitted by the division to the submitting officer." SECTION 11. (a) Any person holding office as a medical examiner pursuant to an appointment of the state medical examiner on the effective date of this Act shall continue in the exercise of his or her functions and duties until such person's successor has been duly appointed. (b) The fees heretofore authorized to be paid in cases arising under Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," prior to the effective date of this Act shall continue to be paid at the rate specified therein until such time as the Board of Public Safety promulgates rules prescribing such fees as provided in this Act. SECTION 12. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representative Wiles of the 34th moves to amend the Committee substitute to HB 557 as follows: Pg 16 line 1 delete the word "Commission" and replace it with "Administration" and on Page 16 line 6 delete the word "Commission" and replace it with "Administration" and on Page 16 line 16 delete the word "Commission" and replace it with "Administration" and on Pg 17 line 15 delete the word "Commission" and replace it with "Administration". Representative Sims of the 167th, et al. move to amend the Committee substitute to HB 557 by inserting following the word and symbol "institutions;" on line 34 of page 1 the following: "to provide for payment of the expenses of transportation;". By adding following the period at the end of line 20 of page 14 the following: "The chief medical examiner's office shall provide transportation of the deceased person to the site of the autopsy and shall return the deceased person to the county where the death occurred at no expense to the county.". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: 1470 JOURNAL OF THE HOUSE, Alien Y Anderson YAshe Bailey Y Baker Y Bannister YBarfoot N Barnard YBarnes Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B N Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G NDii Y Dixon, H Y Dixon, S Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall YHegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis NLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandaU YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTiUman Y Titus Y Tolbert N Trense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan N Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substitute, 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. HB 650. By Representatives Martin of the 47th and Ray of the 128th: A bill to amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, so as to clarify distributions to successor trusts; to provide for distributions to successor trusts in specified circumstances; to provide for distributions upon withdrawal or revocation of the donation; to allow more frequent use of trust funds to provide noncash benefits. The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, so as to clarify the definition of successor trusts; to clarify distributions to successor trusts; to provide for distributions to successor trusts in specified circumstances; to provide for distributions upon withdrawal or revocation of the donation; to allow more frequent use of trust funds to provide noncash benefits; to provide for use of funds in successor trusts for the benefit of indigent persons suffering from impairments; to provide for distribution of assets from trusts or successor trusts to the nonprofit organization administering the trust in specified circumstances; to provide that one or more accounts may be set up for a life beneficiary; to clarify the power of a cotrustee with THURSDAY, MARCH 13, 1997 1471 regard to withdrawal; to clarify the applicability of the qualified immunity for trustees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, is amended by striking in its entirety subsection (7) of Code Section 30-10-2, relating to definitions relative to community trusts, and inserting in lieu thereof the following: "(7) 'Successor trust' means the trust established upon distribution by the board of trustees pursuant te aetiee ef- agreement ef withdrawal er termination with ft cotrustcc as follows: (A) Subsequent to the death or ineligibility of the life beneficiary because the donor has failed to designate a person or persons to whom assets are to be distributed upon the occurrence of such an event or because a distribution to the designated person or persons is impossible; or (B) Subsequent to the death of a life beneficiary if the donor designates himself or herself or the donor's spouse as life beneficiary pursuant to paragraph (4) of subsection (b) of Code Section 30-10-6. ami A successor trust shall meet all requirements for a community trust provided in this chapter and shall be administered as set forth in this chapter." SECTION 2. Said chapter is further amended by striking in their entirety paragraphs (2), (4), (6), (7), (8), (9), and (10) of subsection (b) of Code Section 30-10-6, relating to the terms and conditions of the trust, inserting new paragraphs in lieu thereof, and inserting a new subsection to be designated as subsection (c) to read as follows: "(2) A community trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed in order to facilitate the coordination and integration of private financing for individuals who have one or more impairments, while maintaining the eligibility of those individuals for government funding. All contributions and the earnings of a community trust shall be administered as one trust for purposes of investment and management of funds. Notwithstanding the administration as one trust for investment and management, one or more separate accounts shall be established for each designated life beneficiary. The net income earned after deducting administrative expenses shall be credited to the accounts of the life beneficiaries, in proportion to the amount of the contribution made for each life beneficiary to the total contributions made for all life beneficiaries. Administrative fees charged to an account of a life beneficiary shall not exceed the income allocated to that account;" "(4) If a donor designates himself or herself or his or her spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions: (A) The contribution to the community trust shall be irrevocable; (B) The funds remaining in the life beneficiary's account upon the death of the life beneficiary shall be retained fey th community distributed to a successor trust; and (C) Neither the donor nor the donor's spouse shall serve as cotrustee;" "(6) The cotrustee and the trustees annuallyz or more frequently, shall agree on the amount of income or principal, or both, to be used to provide noncash benefits and the nature and type of benefits to be provided to the life beneficiary. Such permissible benefits shall include, but not be limited to: more sophisticated dental, medical, and diagnostic work or treatment than is otherwise available from public assistance; private rehabilitative training; supplementary education educational aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the life beneficiary; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the life beneficiary but which will not defeat the life beneficiary's eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the life beneficiary. The 1472 JOURNAL OF THE HOUSE, trustees and cotrustee may exercise discretion to make payments from time to time for a person to accompany the life beneficiary on vacations and outings and for the transportation of the life beneficiary or of friends and relatives of the life beneficiary to visit the life beneficiary. Expenditures shall not be made for the primary support or maintenance of the life beneficiary, including basic food, shelter, and clothing if, as a result, the life beneficiary would no longer be eligible to receive public benefits or assistance for which the life beneficiary would otherwise be eligible. Any net income which is not used shall be added annually to the principal; (7) Any cotrustee other than the donor may, for good and sufficient reason upon written notice to the trustees^ and a determination by the board of trustees that the reason for the withdrawal is good and sufficient or upon the issuance of a notice of termination by the board of trustees, withdraw all of the current fair market value of the balance of the life beneficiary's account in the trust as determined on the date of withdrawal. In no event shall a cotrustee be entitled to withdraw only a portion of the current fair market value of the life beneficiary's account in the trust. In the event of withdrawal, the current fair market value of the balance of the life beneficiary's account in the trust shall be distributed to the trustee ef- the successor trust donor;" (8) If a life beneficiary for whose benefit a contribution has been made to the trust ceases to be eligible to participate in the trust, and neither the donor nor the cotrustee revokes or withdraws the contribution, then the board of trustees may, by written notice to the donor or cotrustee, terminate the trust as to such life beneficiary. Upon termination, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the person or persons the donor has designated; provided, however, that if the donor has failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the trustee of the successor trust to be held, administered, and distributed by the successor trustee in accordance with the successor trust described in paragraph (10) of this subsection; (9) Upon the death of the life beneficiary, then an amount equal to the current fair market value of the balance of the life beneficiary's account in the trust, as determined on the date of death, less payment of funeral and burial costs of the life beneficiary, shall be distributed to the person or persons the donor has designated; provided, however, that if the donor has failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the trustee of the successor trust to be held, administered, and distributed by the successor trustee in accordance with the successor trust described in paragraph (10) of this subsection. To the extent this provision must be modified for the life beneficiary to remain eligible for government benefits, such modifications shall be made; and (10) Upon receipt of a netiee of withdrawal free* a cotrustce ether than the dene* a4 a dctcrmiBatiea by th beard of trustees that the reasett fof the- withdrawal is- good &nd sutticiciit or upon the issuftncc of t notice Or tcPHIinfl110ft Dy tiic ooflpu of trustees, the beard ef- trustees skfttt distribute and- pay ever te the trustee ef- the successor trust the current fail market value of the life beneficiary's account i th truat. The trustee of the successor trust shall hold, administer, and distribute the principal and income of the successor trust, in the discretion of the trustee, for the maintenance, support, health, education, and general well-being of the Kfe beneficiary indigent persons suffering from one or more impairments, recognizing that it is the purpose of the successor trust to supplement, not replace, any government benefits for the life beneficiary's or beneficiaries' basic support for which the Mfe beneficiary or beneficiaries may be eligible and to improve the quality of the life beneficiary's or beneficiaries' life by providing himi ef her^ or them with those amenities which cannot otherwise be provided by public assistance or other available sources. Permissible expenditures include, but are not limited to: more sophisticated dental, medical, and diagnostic work or treat- ment than is otherwise available from public assistance; private rehabilitative training; THURSDAY, MARCH 13, 1997 1473 supplementary education educational aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the life beneficiary or beneficiaries; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the life beneficiary or beneficiaries but which will not defeat his^ e* herz or their eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the life beneficiary or beneficiaries. The trustee of the successor trust, in his or her discretion, may make payments from time to time for a person to accompany the life a beneficiary on vacations and outings and for the transportation of the life a beneficiary or of friends or relatives of the life a beneficiary to visit the life a beneficiary. Any undistributed income of the successor trust shall be added to the principal from time to time. Expenditures shall not be made for the primary support or maintenance of the life a beneficiary, including basic food, shelter, and clothing, if, as a result, the life a beneficiary would no longer be eligible to receive public benefits or assistance for which the life such beneficiary would otherwise be eligible. After the death and burial ef the life beneficiary, the remaining balance ef the successor trust shall be distributed te the (c) The nonprofit organization administering the community trust may receive a distribution of trust assets as payment for services rendered to the life beneficiary or if the assets distributed are used solely for the benefit of the life beneficiary. The nonprofit organization administering a successor trust may receive a distribution of trust assets as payment for services rendered to a beneficiary or if the assets are used solely for the benefit of a beneficiary." SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 30-10-7, relating to life beneficiaries, and inserting in its place the following: "(b) Except for the right of a donor2 other than a donor or a donor's spouse who is a life beneficiaryz to revoke any contribution made to a community trust, pursuant to paragraph (5) of subsection (b) of Code Section 30-10-6, and the right of any cotrustee other than the donor^ to withdraw all e* a portion of the contribution made to the account of a life beneficiary, pursuant to paragraph (7) of subsection (b) of Code Section 30-10-6, neither the donor nor any cotrustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of a community trust. The income or the principal or any interest of any life beneficiary in the trust shall not be liable for any debt incurred by the donor or any cotrustee. The principal or income of a community trust shall not be subject to seizure by any creditor of any donor or any cotrustee under any writ or proceeding in law or in equity." SECTION 4. Said chapter is further amended by striking in its entirety Code Section 30-10-8, relating to liability of trustees, and inserting in lieu thereof the following: "30-10-8. No trustee, cotrustee, successor cotrustee, or successor trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by a community trust, or by any life beneficiary, or by any other person, except through actual fraud or willful misconduct on the part of such trustee, cotrustee, e* successor cotrustee^ or successor trustee." SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. 1474 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon YAshe Bailey Y Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Burkhalter YByrd Y CampbeU Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M KOay Y DeLoach, B Y DeLoach, G YOU Y DUon, H Y Dixon, S YDobbs Y Dukes Ehrhart Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaJl Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell Ragas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 97. 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 change certain provisions relating to fees and charges generally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to qualifications for license applicants. The following Senate substitute was read: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to fees and charges generally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to THURSDAY, MARCH 13, 1997 1475 license requirements; to change certain provisions relating to qualifications for license applicants; to change certain provisions relating to form and content of license applications; to change certain provisions relating to issuance and content of a license; to change certain provisions relating to grounds for refusal, suspension, or revocation of a license; to change certain provisions relating to limitation on application after refusal or revocation of a license; to change certain provisions relating to information to be furnished by licensees; to change certain provisions relating to records of transactions; to change certain provisions relating to limitations on applicability of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (1) of Code Section 33-8-1, relating to fees and charges generally, and inserting in its place the following: "(1) Unless specifically provided otherwise, for each certificate of authority, original license, renewal of a certificate of authority, or renewal of a license: (A) Agent, subagent, counselor, er adjuster^ or principal office of an insurance agency (new license).................................................................... (B) Agent, subagent, counselor, e* adjuster or principal office of an insurance agency (license renewal).............................................................. (B.I) Each branch office of an insurance agency other than the principal office (new license)............................................................................... (B.2) Each branch office of an insurance agency other than the principal office (license renewal)......................................................................... (C) Agent certificate of authority for subagent........................................ (D) Automobile self-insurance..................................................................... (E) Captive insurance company: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (F) Continuing care provider....................................................................... (G) Duplicate certificate of authority, license, or permit........................ (H) Farmers mutual fire insurance company: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (I) Fraternal benefit society: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (I.I) Health care corporations: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (J) Health maintenance organization: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (K) Insurer certificate of authority for agent........................................... (L) Life, accident, and sickness insurance company: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (M) Managing general agent: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (N) Multiple employer self-insurance plan............................................... (0) Premium finance company (full power)............................................. (P) Premium finance company (limited power)....................................... (Q) Preneed funeral service company........................................................ $ 50.00 50.00 10.00 10.00 5.00 100.00 600.00 500.00 75.00 25.00 500.00 25.00 600.00 500.00 600.00 500.00 600.00 500.00 10.00 600.00 500.00 600.00 500.00 400.00 500.00 300.00 25.00 1476 JOURNAL OF THE HOUSE, (R) Prepaid legal services plans.................................................................. (S) Private review agents: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (T) Property and casualty insurance company: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (U) Nonprofit organizations (medical service or hospital service corporation): Original license or certificate........................................................................ Renewal license or certificate....................................................................... (V) Rating or advisory organization........................................................... (W) Reinsurance intermediary.................................................................... (X) Surplus lines broker............................................................................... (Y) Third-party administrators: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (Z) Title insurance company: Original license or certificate........................................................................ Renewal license or certificate....................................................................... (AA) Utilization review agent...................................................................... (BB) Each vending machine licensed under Chapter 23 of this title... (CC) Workers' compensation group self-insurance fund: Original license or certificate........................................................................ Renewal license or certificate....................................................................... 500.00 1,000.00 500.00 600.00 500.00 600.00 500.00 100.00 50.00 300.00 500.00 400.00 600.00 500.00 200.00 25.00 600.00 500.00" SECTION 2. Said title is further amended by striking subsection (a) of Code Section 33-23-3, relating to annual registration of agencies, and inserting in its place the following: "(a) Each principal office and each branch office of an An agency as defined in paragraph (2) of subsection (a) of Code Section 33-23-1 must register obtain an agency license prior to commencement of operations and renew such license annually en by filing application forms prescribed by the Commissioner. Such rogiatration filing shall include the following: (1) Name of the agency; (2) Mailing address of the agency; (3) Location of the agency; (4) Names of all owners or, if a corporation, all officers and directors of the agency and, if any are licensees under this chapter, their license numbers; (5) Names of all other employees of the agency and, if licensed under this chapter, their license numbers; and (6) List of insurance companies represented by the agency." SECTION 3. Said title is further amended by striking Code Section 33-23-4, relating to license requirements, and inserting in its place the following: "33-23-4. (a) No person shall act as or hold himself or herself out to be an agent, subagent, counselor, er adjuster^ or insurance agency in this state unless such person first procures a license from the Commissioner. (b) No agent or subagent shall solicit or take applications for, procure, or place for others any kind of insurance for which such agent or subagent is not then licensed and for which a certificate of authority is not currently on file with the Commissioner; provided, however, no certificate of authority shall be required for: (1) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; (2) An agent who places surplus lines insurance with or through a surplus lines broker, only with respect to such surplus lines insurance; or THURSDAY, MARCH 13, 1997 1477 (3) An agent who, with agreement of an insurer, places a specific policy or risk with such insurer provided the insurer within 15 days of the acceptance of the risk files with the Commissioner an application for a specific certificate of authority in such form and manner as may be prescribed by the Commissioner. (c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, subagent, or adjuster within this state, unless such person is duly licensed in accordance with this article. (d) An insurer may pay a commission or other valuable consideration to a registered licensed insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate insurance contracts are qualified insurance agents, subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, subagent, or counselor may share any commission or other valuable consideration with such a registered licensed insurance agency. (e) No person, partnership, or corporation other than a duly licensed adjuster, agent, subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (c) and (d) of this Code section. (f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, subagent, or counselor nor prevent the receipt or payment of any commission by a person who has been issued a temporary license pursuant to this chapter. (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; provided, 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. (h) Any person who willfully violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors." SECTION 4. Said title is further amended by striking subsection (a) of Code Section 33-23-5, relating to qualifications for license applicants, and inserting in its place the following: "(a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29. The Commissioner shall not issue a license to any applicant for a license other than an agency license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (7) of this subsection: (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; (2) If applying for an agent's license for property and casualty insurance, the applicant must not use or intend to use the license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant must not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums; 1478 JOURNAL OF THE HOUSE, (3) If applying for an agent's license, the applicant must have been appointed an agent by an authorized insurer subject to issuance of the license; (4) If applying for a subagent's certificate of authority, the applicant must have been appointed a subagent by a licensed agent subject to issuance of the certificate of authority; (5) The applicant must be of good character; (6) The applicant must pass any written examination required for the license by this article; (7) If applying for a license as counselor, the applicant must show that he or she has had five years' experience acting as either an agent, subagent, or adjuster or in some other phase of the insurance business which in the opinion of the Commissioner has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner; and (8) If applying for an agent's license, subagent's license, counselor's license, or adjuster's license, except as provided in subsection (c) of this Code section and in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29, no applicant shall be qualified therefor or be so licensed unless he or she has: (A) Successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; or (B) Completed a correspondence course in insurance approved by the Commissioner and has had at least six months of responsible insurance duties as a substantially full-time bona fide employee of an agent or insurer or the managers, general agents, or representatives of the insurer in the kind or kinds of insurance for which such applicant seeks to be licensed." SECTION 5. Said title is further amended by striking Code Section 33-23-8, relating to form and content of license applications, and inserting in its place the following: "33-23-8. (a) An applicant for any license required by this chapter shall file with the Commissioner a written application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. As a part of or in connection with such application other than one for an agency license, the applicant shall state the kinds of insurance proposed to be transacted and furnish information concerning the applicant's identity, personal history, experience, business history, purposes, and any other pertinent facts which the Commissioner may by rule or regulation require. (b) If the application is for an agent's license, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by written appointment of the applicant as agent by an authorized insurer subject to issuance of the license. (c) If the application is for a subagent's certificate of authority, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by a written appointment of the applicant as subagent by an agent subject to issuance of the certificate of authority. (d) The application shall also show whether the applicant was ever previously licensed to transact any kind of insurance in this state or elsewhere; whether any license was ever refused, surrendered, suspended, restricted, or revoked; whether any insurer, general agent, agent, or other person claims the applicant is indebted to it and, if so, the details of the indebtedness; whether the applicant ever had an agency contract canceled and the facts of the cancellation; whether the applicant has had a certificate of authority terminated by an insurer or agent and the facts of the termination; whether the applicant will devote all or part of his or her efforts to acting as an insurance agent or subagent and, if part time only, how much time the applicant expects to devote to such work and in what other business or businesses he or she will be engaged; whether, if the applicant is a married person, the husband or wife has ever applied for or held a license to solicit insurance in any state and whether the license has been refused, surrendered, suspended, restricted, or revoked; and such other information as the Commissioner in his or her discretion may require. THURSDAY, MARCH 13, 1997 1479 (e) As to any application for an agent's or subagent's license or certificate of authority, the Commissioner shall require as part of application a certificate of the insurer or agent proposed to be represented relative to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted; and the certificate shall state the extent and nature of the investigation of the applicant's character and background conducted by the insurer or agent, the fact that the insurer or agent is satisfied that the applicant is trustworthy and qualified to act as its agent or subagent and to hold himself or herself out in good faith to the general public as an agent or subagent, and the fact that the insurer or agent desires that the applicant be licensed as an agent or subagent to represent it in this state. (e.l) Each applicant for an agency license shall file with the Commissioner the information required under Code Section 33-23-3. (f) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law." SECTION 6. Said title is further amended by striking subsection (b) of Code Section 33-23-11, relating to issuance and content of a license, and inserting in its place the following: "(b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered if not an insurance agency license, and the other conditions of licensing." SECTION 7. Said title is further amended by striking Code Section 33-23-21, relating to grounds for refusal, suspension, or revocation of a license, and inserting in its place the following: "33-23-21. A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner finds that the applicant for or holder of the license: (1) Has violated any provision of this title or of any other law of this state relating to insurance; (2) Has intentionally misrepresented or concealed any material fact in any application for a license or on any form filed with the Commissioner; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, agency, applicant, or a beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of an insurance policy or contract; (7) Has failed to pass an examination pursuant to this article, or cheated on any examination required for a license; (8) Has failed to comply with or has violated any proper order, rule, or regulation, issued by the Commissioner, including any order issued by the Commissioner or his the Commissioner's designated representative during the course of any administrative hearing proceeding; (9) Is not in good faith carrying on business as an agent or subagent, but, on the contrary, is holding such license for the purpose of securing rebates or commissions or controlled business; (10) Is not in good faith carrying on business as a licensee under this chapter; (11) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter; (12) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk; (13) Has failed or refused, upon written demand, to pay over to any insurer, agent, agency, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, agency, applicant, beneficiary, or insured; 1480 JOURNAL OF THE HOUSE, (14) Has failed to comply with Code Section 33-2-12 or 33-2-13 or has refused to appear or to produce records in response to a written demand by the Commissioner sent by registered or certified mail to the last known address of the licensee as shown in the records of the Commissioner; (15) Has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (16) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (16) Has been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (17) Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, suspended, or annulled by any lawful licensing authority other than the Commissioner; had other disciplinary action taken against him or her by any such lawful licensing authority other than the Commissioner; was denied or refused a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; (18) Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (15), (16), or (17) of this Code section; or (19) Is not in compliance with an order for child support as defined by Code Section 19-6-28.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to such Code sections shall be the only such procedures required to suspend, deny, or revoke any license under this title." SECTION 8. Said title is further amended by striking subsection (a) of Code Section 33-23-23, relating to limitation on application after refusal or revocation of a license, and inserting in its place the following: "(a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, agency, subagent, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation." SECTION 9. Said title is further amended by striking Code Section 33-23-33, relating to information to be furnished by licensees, and inserting in its place the following: "33-23-33. (a)(l) Every licensee under this chapter other than an insurance agency shall keep the Commissioner advised of: the office address of the licensee; the residence address of the licensee; the name and address of each insurer that the licensee represents directly or indirectly; the name and address of each agency of which the licensee is proprietor, partner, officer, director, or employee or which the licensee represents; every trade name of such agency; and the names of all partners and members of any firm or association and the corporate name of any corporation owning or operating the agency. The information shall be transmitted in writing by the licensee to the Commissioner. THURSDAY, MARCH 13, 1997 1481 (2) Every insurance agency licensee under this chapter shall keep the Commissioner advised of the information required under Code Section 33-23-3. (b) Any change in the information required by subsection (a) of this Code section shall be transmitted in writing to the Commissioner within 30 days of such change. The Commissioner shall prescribe by rule or regulation the form and manner by which such information will be transmitted." SECTION 10. Said title is further amended by striking Code Section 33-23-34, relating to records of transactions, and inserting in its place the following: "33-23-34. (a) Every liccnacc agent, subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or subagent, a record of each insurance contract procured, issued, or countersigned together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner. (b) All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the contract, whichever is greater, provided that records of losses adjusted by an independent adjuster may be kept at the office of the insurer for whom the adjuster acted. (c) In the case of agents or subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which agency the transaction was undertaken shall be deemed to comply with the requirements of subsection (a) of this Code section." SECTION 11. Said title is further amended by striking Code Section 33-23-45, relating to limitations on applicability of certain provisions, and inserting in its place the following: "33-23-45. This article shall apply only with respect to acts occurring on or after July 1, 1002 1997; provided, however, that nothing in this Code section shall prevent the Commissioner from implementing sanctions which were authorized by law with respect to acts occurring prior to July 1,1992 1997." SECTION 12. This Act shall become effective on July 1, 1997. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Representative Williams of the 114th moved that the House disagree to the Senate substitute to HB 97. The motion prevailed. Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: 1482 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 55 Do Pass, by Substitute HB 572 Do Pass, by Substitute HB 910 Do Pass, by Substitute HB 963 Do Pass SB 28 Do Pass, by Substitute Respectfully submitted, /s/ Martin of the 47th Chairman Representative Smith of the 169th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative & Congressional Reapportionment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 958 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 169th 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 609 Do Pass, by Substitute Respectfully submitted, /s/ Buck of the 135th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 570. By Representative Murphy of the 18th: A bill to amend Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, so as to provide that no financial institution may charge any fee of any kind to a person who does not have an account with that financial institution for cashing a check or other instrument which is payable to such person and is drawn on the account of another person with that financial institution. The following Committee substitute was read: THURSDAY, MARCH 13, 1997 1483 A BILL To amend Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, so as to provide that no financial institution, savings bank, national bank, or state or federal credit union or savings and loan association may charge any fee of any kind to a person or corporation who does not have an account with that institution for cashing a check or other instrument which is payable to such person or corporation and is drawn on the account of another person or corporation with that institution; 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 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, is amended by adding after Part 12 a new Part 13 to read as follows: "Part 13 7-1-239.5. No financial institution, savings bank, national bank, or state or federal credit union or savings and loan association may charge any fee of any kind to a person or corporation who does not have an account with that institution for cashing a check or other instrument which is payable to such person or corporation and is drawn on the account of another person or corporation with that institution." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and lost: Representative Lakly of the 105th moves to amend the Committee substitute to HB 570 by inserting following "institution;" on line 10 on page 1 the following: "to provide that no financial institution shall refuse to cash a personal check not exceeding $250.00 in amount drawn on an account with another financial institution doing business in this state; to authorize a fee; to authorize fingerprinting;". By inserting the designation "(a)" at the beginning of line 21 on page 1. By striking the quotation marks at the end of line 28 on page 1. By inserting between lines 28 and 29 the following: "(b) No financial institution, savings bank, national bank, or state or federal credit union or savings and loan association doing business in this state shall maintain a policy of refusing to cash a personal check or other instrument which is presented by a payee and which is drawn on an account with another such financial institution doing business in this state if such check is for an amount not exceeding $250.00. As a condition of cashing such check, the financial institution shall be authorized to charge a fee not to exceed $2.00 and may require the presenter of the check to submit to fingerprinting.'" Representatives Jones of the 71st, Franklin of the 39th, Coan of the 82nd and Ragas of the 64th move to amend the Committee substitute to HB 570 by striking in its entirety line 10 of page 1 and inserting in lieu thereof the following: 1484 JOURNAL OF THE HOUSE, "corporation with that institution; to prohibit requiring a fingerprint in such situations; to provide for related". By striking in its entirety line 23 of page 1 and inserting in lieu thereof the following: "association may require a fingerprint in any form of or charge any fee of any kind to a person or". The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Taper Y Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Worthan Y Yates Y 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 substitute. The Speaker assumed the Chair. HB 398. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd, Day of the 153rd and Channell of the lllth: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to provide that sheriffs may approve of the use of radar; to prohibit sheriffs from using radar in certain circumstances. THURSDAY, MARCH 13, 1997 1485 The following amendment was read: Representative Jamieson of the 22nd moves to amend HB 398 by inserting on line 5 of page 1, between the word and symbol "circumstances;" and the words "to provide", the following: "to require employment of at least one full-time peace officer as a condition of receiving a speed detection device permit;". By striking lines 1 and 2 of page 2 and inserting in lieu thereof the following: "unless the applicant employs at least one full-time er part-time certified peace officcra officer. Speed detection devices can only be operated by full-time registered or certified peace officers of the county, municipality, college, or university to which the permit is applicable.'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Bailey Baker Bannister NBarfoot N Barnard NBarnes Bates Benefield Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck Buckner YBunn Y Burkhalter NByrd Campbell Y Canty N Carter YCash NChanneU N Childera N Clark NCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews N Culbreth N Cummings Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Dixon, H Dixon, S NDobbs Y Dukes YEhrhart NEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden N Graves Y Greene N Grindley Y Hammontree N Manner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Y Henson N Holland E Holmes Howard N Hudgens Y Hudson, H Y Hudson, N N Hugley NIrvin N Jackson N James Y Jamieson N Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YLane NLee Y Lewis NLord Y Lucas Maddox YMann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee YMcCall Y McClinton McKinney Y Mills Y Mobley N Mosley Y Mueller N O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster NPoag NPolak Y Ponder Y Porter Y Powell NPurcell YRagas YRajidall YRay N Reaves Y Reichert NRice Y Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Sherrill N Shipp YSims Y Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Smith, L.R N Smith, P N Smith, T N Smith, V YSmyre Y Snelling Snow N Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Taylor Teague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L N West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 108, nays 50. The amendment was adopted. The following amendment was read: Representative Williams of the 83rd, Tolbert 25th and Hecht of the 97th move to amend HB 398 by adding on line 5 of page 1 between the semicolon and the word "to" the following: "to change the provisions relating to when a case may be made and a conviction obtained with respect to the use of any speed detection device;". 1486 JOURNAL OF THE HOUSE, By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively, and adding between lines 2 and 3 on page 2 the following: "SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 40-14-8, relating to when a case may be made and a conviction obtained with respect to the use of any speed detection device, and inserting in lieu thereof a new subsection (b) to read as follows: '(b) The limitations contained in subsection (a) of this Code section and Code Section 40-14-7 shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and the limitations contained in subsection (a) of this Code section shall not apply in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts.'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Alien N Anderson NAshe Bailey Baker Y Bannister NBarfoot Y Barnard YBarnes Bates N Benefield N Birdsong Y Bohannon Y Bordeaux N Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck Buckner Y Bonn N Burkhalter NByrd Campbell Y Canty N Carter YCash NChannell N Childers N Clark NCoan Y Coleman, B N Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M EDay Y DeLoach, B N DeLoach, G YDix Dixon, H N Dixon, S YDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd N Franklin N Golden N Graves N Greene Y Grindley Y Hammontree NHanner N Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland E Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Jamieson N Jenkins Y Johnson N Johnston N Jones N Joyce YKaye YLadd NLakly NLane NLee Y Lewis YLord N Lucas Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee N McCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote N Perry Y Pinholster NPoag YPolak N Ponder Y Porter N Powell N Purcell NRagas NRandall Ray N Reaves N Reichert YRice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw N Sherrill N Shipp NSims N Sinkfield N Skipper Y Smith, C On the adoption of the amendment, the ayes were 61, nays 103. The amendment was lost. Y Smith, C.W N Smith, L Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling Snow N Stalh'ngs N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague Y Teper N Thomas NTUlman Y Titus Y Tolbert N Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N West N Westmorland Y Whitaker N Wiles Y Williams, B Y Williams, J N Williams, R Y Worthan Y Yates Murphy, Spkr The following amendment was read: Representative Williams of the 83rd moves to amend HB 398 by adding on line 5 of page 1 between the semicolon and the word "to" the following: "to change the provisions relating to when a case may be made and a conviction obtained with respect to the use of any speed detection device;". THURSDAY, MARCH 13, 1997 1487 By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively, and adding between lines 2 and 3 on page 2 the following: "SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 40-14-8, relating to when a case may be made and a conviction obtained with respect to the use of any speed detection device, and inserting in lieu thereof a new subsection (a) to read as follows: '(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten five miles per hour and no conviction shall be had thereon unless such speed is more than ten five miles per hour above the posted speed limit.'" 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 Y Barnard NBames Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford N Breedlove N Bridges N Brooks Y Brown NBuck Buckner YBunn N Burkhalter NByrd Campbell Canty N Carter NCash N Channel! N Childera N Clark NCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M EDay Y DeLoach, B N DeLoach, G NDix Diion, H N Dixon, S NDobbs N Dukes NEhrhart NEpps N Evans N Everett N Felton N Floyd N Franklin N Golden N Graves N Greene N Grindley N Hammontree N Banner N Harbin N Heard NHecht N Heckstall N Hegstrom N Henson N Holland E Holmes N Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson N Jenkins N Johnson N Johnston N Jones N Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton McKinney N Mills N Mobley N Mosley Y Mueller NOTSIeal N Orrock N Parham NParrish N Parsons N Pelote N Perry N Pinholster NPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid Y Scott NShanahan Shaw N Sherrill NShipp NSims N Sinkfield N Skipper Y Smith, C On the adoption of the amendment, the ayes were 18, nays 149. The amendment was lost. Y Smith, C.W N Smith, L Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow NStallings N StancU, F N Stancil, S N Stanley, L N Stanley, P N Taylor Teague YTeper N Thomas NTillman Y Titus N Tolbert NTrense N Tumquest NTwiggs N Walker, L N Walker, R.L NWest N Westmorland NWhitaker N Wiles Y Williams, B Y Williams, J N Williams, R NWorthan YYates 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 YAshe Y Bailey Baker Y Bannister YBarfoot Y Barnard YBarnes Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford 1488 JOURNAL OF THE HOUSE, Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Buikhalter YByrd Campbell Y Canty Y Carter YCash Y Channell Y Childers YClaik YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Dixon,H Y Diion, S Y Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckatall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis NLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMansey McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandaU YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas YTilhnan Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 624. By Representatives Coleman of the 142nd, Whitaker of the 7th, Smith of the 12th, Childers of the 13th, Shanahan of the 10th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to prohibit the operation of certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds unless such vehicles have certain identifying markings, decals, or seals affixed to them. The following amendment was read: Representative Perry of the llth moves to amend HB 624 by inserting preceding the period on line 34 of page 2 the following: "or to any vehicle owned or leased by a county or municipality and assigned to an official or employee who is employed pursuant to a contract of employment which requires the furnishing of a motor vehicle to such person and which allows the private use of such vehicle by such person". The following amendment was read and adopted: Representative Perry of the llth moves to amend the Perry amendment to HB 624 as follows: On page 1 line 10 add THURSDAY, MARCH 13, 1997 1489 Provided the effective date of the contract was prior to January 1, 1997. The Perry amendment, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 108, nays 15. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Bill, having been previously read was again taken up for consideration: HB 330. By Representatives Parham of the 122nd, Graves of the 125th, Parrish of the 144th, Martin of the 145th and Twiggs of the 8th: A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharmacies. The following amendment was read and adopted: Representatives Williams of the 114th, Parham of the 122nd and Twiggs of the 8th move to amend the Committee substitute to HB 330 by striking line 40 of page 10 and inserting in lieu thereof the following: "this state;". By striking line 2 of page 11 and inserting in lieu thereof the following: "pharmacy in this state after licensure; and". By inserting between lines 2 and 3 of page 11 the following: "(5) Not be officially employed as a full-time faculty member by any school or college of pharmacy.". By striking lines 9 through 14 of page 12. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 592. By Representatives Reichert of the 126th, Tolbert of the 25th, Smith of the 109th, Crawford of the 129th, Alien of the 117th and others: A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute. The following Committee substitute was read and adopted: 1490 JOURNAL OF THE HOUSE, A BILL To amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, is amended by striking Code Section 9-10-93, relating to venue, and inserting in lieu thereof a new Code Section 9-10-93 to read as follows: "9-10-93. Venue in cases under this article shall lie in any county wherein a substantial part of the business was transacted, the tortious actj e* omissionj or injury occurred, or the real property is located. Where an action is brought against a resident of this state, any nonresident of this state who is involved in the same transaction or occurrence and who is suable under the provisions of this article may be joined as a defendant in the county where a resident defendant is suable. Under such circumstances, jurisdiction and venue of the court of and over such nonresident defendant shall not be affected or lost if at trial a verdict or judgment is returned in favor of such resident defendant. If such resident defendant is dismissed from the action prior to commencement of the trial, the action against the nonresident defendant shall not abate but shall be transferred to a court in a county where venue is proper." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 273. By Senators Hill of the 4th, Burton of the 5th, Thomas of the 10th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place; to provide what shall constitute proper identification; to provide for an alternative procedure for certification of identification. The following amendments were read and adopted: The Committee on Governmental Affairs moves to amend SB 273 by striking lines 18 and 19 of page 2 and inserting in lieu thereof the following: "(11) A certified copy of the elector's birth certificate;". THURSDAY, MARCH 13, 1997 1491 By striking on line 26 of page 2 the words "an affidavit" and inserting in lieu thereof the words "a statement under oath". By striking on line 31 of page 2 the word "affidavit" and inserting in lieu thereof the words "statement under oath". By striking on line 33 of page 2 the word "affidavit" and inserting in lieu thereof the word "statement". By striking lines 34 and 35 of page 3 and inserting in lieu thereof the following: "(11) A certified copy of the elector's birth certificate;". By striking on line 5 of page 4 the words "an affidavit" and inserting in lieu thereof the words "a statement under oath". By striking on line 10 of page 4 the word "affidavit" and inserting in lieu thereof the words "statement under oath". By striking on line 12 of page 4 the word "affidavit" and inserting in lieu thereof the word "statement". Representative Reichert of the 126th moves to amend SB 273 as follows: P 2 line 30 after the period add a new sentence to read: "Such person shall be allowed to vote without undue delay." P 4 line 9 after the period add a new sentence to read: "Such person shall be allowed to vote without undue delay." The following amendment was read: Representatives Williams of the 83rd, Dixon of the 150th and DeLoach of the 172nd move to amend SB 273 by adding after line 7 of page 1 the following: "to provide for signatures or marks on absentee ballot applications; to provide for the verification of the signature or mark on the oath of absentee elector with said application; to provide for related matters;". By adding after line 10 of page 1 the following: "SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making application for absentee ballot in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows: '(a)(l) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, sonin-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary 1492 JOURNAL OF THE HOUSE, address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector] and the signature or mark of the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out of county address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.' SECTION 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows: '(a)(l) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office2 shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope "Rejected," giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and three copies of the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation THURSDAY, MARCH 13, 1997 1493 of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.'" By striking lines 12 and 13 of page 1 and inserting in lieu thereof the following: "Said title is further amended by adding at the end of Part 1 of. By renumbering existing Section 1 as Section 3. By adding after line 33 of page 2 the following: "SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-283, relating to making application for absentee ballot in municipal primaries and elections, and inserting in lieu thereof a new subsection (a) to read as follows: '(a) Any absentee elector may make an application either by mail, by facsimile transmission, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; eaA the name and relationship of the person requesting the ballot if other than the elector; and the signature or mark of the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness.' SECTION 5. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-3-286, relating to safekeeping and certification of absentee ballots received from electors in municipal primaries and elections, and inserting in lieu thereof a new paragraph (1) to read as follows: '(a)(l) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk shall then compare the identifying information on the oath with the information on file in his or her office^ shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered 1494 JOURNAL OF THE HOUSE, list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if his or her signature does not appear to be valid, or if the elector has failed to furnish required information or the information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the absentee ballot clerk shall write across the face of the envelope "Rejected," giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection; and a special set of numbered lists of voters shall also be prepared for rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for the numbered lists of voters. All absentee ballots received by the absentee ballot clerk after the closing of the polls on the day of the primary or election shall not be certified or counted; shall be kept safely unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election; and they shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.'" By renumbering existing Sections 2 through 4 as Sections 6 through 8. The following amendment was read and adopted: Representatives Williams of the 83rd and Dixon of the 150th move to amend the Williams amendment to SB 273 as follows: Page 1 line 40 & 41 strike "; and the signature or mark of the elector". The Williams amendment, as amended, was adopted. The following amendment was read and lost: Representative Williams of the 83rd move to amend SB 273 by adding after line 7 of page 1 the following: "to revise the procedure for the correction of the list of electors through national change of address information; to provide for related matters;". By adding after line 10 of page 1 the following: "SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service with electors list, and inserting in lieu thereof a new Code Section 21-2-233 to read as follows: '21-2-233. (a) The Secretary of State is authorized te shall cause at his er 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 taere less often than once each year, for the purpose of identifying those electors whose addresses have changed. THURSDAY, MARCH 13, 1997 1495 (b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at both the old and new addresses. If the elector confirms the change of address to an address outside of the boundaries of the county in which the elector is presently registered, the elector's name shall be removed from the list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) It shall be the duty of the Secretary of State to furnish copies of such data as may be collected and maintained pursuant to this Code section to the county boards of registrars each odd-numbered year, and it shall be the duty of the county boards of registrars to correct the official list of electors eligible to vote in any primary or election by reference to such date at least five calendar days prior to the date of the primary or election in which the list is to be used. {d)(e) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote."' By striking lines 12 and 13 of page 1 and inserting in lieu thereof the following: "Said title is further amended by adding at the end of Part 1 of. By renumbering existing Sections 1 through 4 as Sections 2 through 5. The following amendment was read: Representatives Williams of the 83rd and DeLoach of the 172nd move to amend SB 273 by striking in its entirety line 22 of page 1 and inserting in lieu thereof the following: "place unless a poll officer has personal knowledge of the identity of the elector. Proper identification shall consist of any one of. By striking in their entirety lines 11 through 23 of page 2 and inserting in lieu thereof the following: "(7) A valid United States military identification card; or (8) Certified naturalization documentation." By striking in its entirety line 26 of page 2 and inserting in lieu thereof the following: "section or to be identified by a poll officer pursuant to that subsection, he or she shall sign an affidavit in a form". By striking in its entirety line 6 of page 3 and inserting in lieu thereof the following: "place unless a poll officer has personal knowledge of the identity of the elector. Proper identification shall consist of any one of. 1496 JOURNAL OF THE HOUSE, By striking in their entirety line 27 of page 3 through line 2 of page 4 and inserting in lieu thereof the following: "(7) A valid United States military identification card; or (8) Certified naturalization documentation." By striking in its entirety line 5 of page 4 and inserting in lieu thereof the following: "section or to be identified by a poll officer pursuant to that subsection, he or she shall sign an affidavit in a form". On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien N Andersen Y Ashe Y Bailey N Baker Y Bannister NBarfoot Y Barnard N Barnes Bates N Benefield N Birdsong N Bohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner Y Bunn Y Burkhalter NByrd Y Campbell N Canty Y Carter YCash Y Channel! N Guilders N Clark YCoan Y Coleman, B N Coleman, T N Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G Dix N Dixon, H N Dixon, S NDobbs N Dukes Y Ehrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard N Hecht N HeckstaU N Hegstrom N Henson N Holland E Holmes N Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis NLord N Lucas N Maddox Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley N Mueller N O'Neal N Orrock NParham N Parrish Y Parsons N Pelote Perry Y Pinholster YPoag NPolak N Ponder N Porter N Powell N Purcell NRagas NRandall YRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan Shaw N Sherrill N Shipp YSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow NStaUings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Taylor Teague N Teper N Thomas NTillman Y Titus Y Tolbert YTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L NWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the adoption of the amendment, the ayes were 75, nays 95. The amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson Y Ashe Y Bailey Y Baker Y Bannister YBarfbot Y Barnard YBames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell N Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell THURSDAY, MARCH 13, 1997 1497 Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G Dix Y Duron, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree Manner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom N Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas Y Maddoi Mann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas NRandall YRay Y Reaves Y Reichert YRice Y Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Taylor Teague Y Teper Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, as amended, the ayes were 162, nays 7. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 32 was postponed until Monday, March 17, 1997. Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 204 Do Pass, by Substitute HB 722 Do Pass HR 21 Do Pass, as Amended HR 22 Do Pass, as Amended HR 43 Do Pass, as Amended HR 113 Do Pass, as Amended HR 144 Do Pass HR 145 Do Pass, as Amended HR 161 Do Pass HR 168 Do Pass, as Amended HR 176 Do Pass, as Amended HR 246 Do Pass, as Amended HR 247 Do Pass, as Amended HR 248 Do Pass, as Amended HR 313 Do Pass, as Amended HR 457 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 142nd Chairman Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: 1498 JOURNAL OF THE HOUSE, Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 91 Do Pass, by Substitute Respectfully submitted, /s/ Lord of the 121st Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1013 Do Pass Respectfully submitted, Is/ Martin of the 47th Chairman Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report: Mr. Speaker: Your Committee on Regulated Beverages has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 908 Do Pass SB 111 Do Pass, by Substitute Respectfully submitted, /s/ Dixon of the 168th Chairman Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. FRIDAY, MARCH 14, 1997 1499 Representative Hall, Atlanta, Georgia Friday, March 14, 1997 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 Barnard Barnes Bohannon Bradford Breedlove Bridges Brooks Brown Bunn Byrd Carter Channell Clark Coan Coleman, B Cooper Crawford Crews Culbreth Cummings Dix Dixon, H Dobbs Dukes Everett Felton Ployd Franklin Graves Greene Grindley Hammontree Hanner Harbin Heard Holland Howard Hudgens Hudson, H Hugley Jackson James Jenkins Johnson Johnston Jones Joyce Kaye Lane Lewis Lord Mann Manning Martin, J.L Massey McKinney Mills Mosley O'Neal Parsons Pelote Pinholster Poag Polak Ponder Powell PurceU Ray Reaves Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Shanahan Shipp Sims Smith, C Smith, C.W Smith, L.R Smith, P Smith, T Smith, V S tailings Stancil, F Stanley, P Taylor Teper Titus Tolbert Trense Twiggs Walker, R.L West Whitaker Wiles Williams, R Worthan Yates Murphy, Spkr The following members were off the floor of the House when the roll was called: Representatives Lee of the 94th, Benefield of the 96th, Hecht of the 97th, Cash of the 108th, Lucas of the 124th, Sherrill of the 62nd, Smith of the 109th, Bordeaux of the 151st, Turnquest of the 73rd, Parham of the 122nd, Burkhalter of the 41st, Mueller of the 152nd, Dixon of the 150th, Connell of the 115th, Golden of the 177th, Bates of the 179th, Sinkfield of the 57th, Westmoreland of the 104th, McCall of the 90th, Lakly of the 105th, Stancil of the 16th, Ladd of the 59th, Childers of the 13th, Rogers of the 20th, Teague of the 58th, Mobley of the 69th, McBee of the 88th, Scott of the 165th, Buck of the 135th, Snelling of the 99th, Hudson of the 156th, Heckstall of the 55th, Davis of the 48th, McClinton of the 68th, Thomas of the 148th, Stanley of the 50th, Coleman of the 142nd, Henson of the 65th, Ragas of the 64th, DeLoach of the 172nd, Reichert of the 126th, Evans of the 28th, Ehrhart of the 36th, Epps of the 131st, Orrock of the 56th, Walker of the 141st, Smyre of the 136th, Porter of the 143rd, Parrish of the 144th, Snow of the 2nd and Hegstrom of the 66th. They wish to be recorded as present. Prayer was offered by the Reverend M. D. Woods, Pastor, Mt. Moriah Baptist Church, Tucker, Georgia. The members pledged allegiance to the flag. Representative Ray of the 128th, 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. 1500 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 998. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to expand the corporate limits of the city. Referred to the Committee on State Planning & Community Affairs - Local. HB 999. By Representatives McKinney of the 51st, McClinton of the 68th, Stanley of the 49th, Davis of the 48th, Mobley of the 69th and others: A bill to amend an Act providing a new charter for the City of Atlanta, so as to change certain provisions relating to meetings of the council and its committees. Referred to the Committee on State Planning & Community Affairs - Local. HB 1000. By Representatives Ashe of the 46th and McKinney of the 51st: A bill to amend an Act providing for a new charter for the City of Atlanta, so as to change certain provisions relating to the members of the city council. Referred to the Committee on State Planning & Community Affairs - Local. HB 1001. By Representatives Buck of the 135th, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the clerk and the marshal of the municipal court. Referred to the Committee on State Planning & Community Affairs - Local. HB 1002. By Representatives Ehrhart of the 36th, Parsons of the 40th, Wiles of the 34th, Shipp of the 38th, Bradford of the 30th and others: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. FRIDAY, MARCH 14, 1997 1501 HB 1003. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution between the Whitfield County school district and the City of Dalton public school system. Referred to the Committee on State Planning & Community Affairs - Local. HB 1004. By Representatives Bordeaux of the 151st, Thomas of the 148th, Dixon of the 150th and Pelote of the 149th: A bill to provide for the nonpartisan nomination and election of the clerk of the Superior Court of Chatham County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1005. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th: A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to provide for an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit. Referred to the Committee on State Planning & Community Affairs - Local. HB 1006. By Representatives Smith of the 12th, Sims of the 167th, Hanner of the 159th, Perry of the llth and Graves of the 125th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the regulation of off-road vehicles (ORV's). Referred to the Committee on Natural Resources & Environment. HB 1007. By Representatives Martin of the 47th, McKinney of the 51st and Orrock of the 56th: 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 to conduct studies including a pilot program of sterile needle and syringe exchange and other harm reduction programs for the purpose of combating the spread of infectious and communicable diseases. Referred to the Committee on Health & Ecology. HB 1009. By Representative Perry of the llth: A bill to provide a $40,000.00 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 1010. By Representative Dixon of the 150th: A bill to amend an Act creating a new charter for the City of Pooler, so as to expand the corporate limits of the City of Pooler. Referred to the Committee on State Planning & Community Affairs - Local. 1502 JOURNAL OF THE HOUSE, HB 1011. 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 chairperson of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 1012. By Representative James of the 140th: A bill to repeal an Act creating and establishing a Small Claims Court of Macon County; to provide for appointment of the chief magistrate and magistrates of the Magistrate Court of Macon County by the governing authority of Macon County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1014. By Representative Bridges of the 9th: A bill to amend an Act creating and establishing the State Court of Habersham County, so as to change the provisions relating to terms of said court; to change the compensation of the judge and solicitor of said court. Referred to the Committee on State Planning & Community Affairs - Local. HR 488. By Representatives Skipper of the 137th, Hudson of the 156th and Trense of the 44th: A resolution creating the House 911 Systems Funding Study Committee. Referred to the Committee on Rules. HR 516. By Representatives Sanders of the 107th and Yates of the 106th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall finance the support and maintenance of local public school systems from lottery proceeds, proceeds from a state sales and use tax for educational purposes, and state revenues. 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 965 HB 966 HB 967 HB 968 HB 969 HB 973 HB 974 HB 975 HB 976 HHBB 998g0l HB 982 HB 983 HB 984 HB 985 HB 986 HB 987 HB 988 HB 989 HB 990 HB 991 HB 992 HB 993 HB 994 Hi HB 996 Ha "' HB 1008 HB 1013 HR 481 HR 484 FRIDAY, MARCH 14, 1997 1503 HR 485 HR 486 SB 2 SB 25 SB 161 SB 182 SB 220 SB 224 SB 227 SB 292 SB 315 SB 349 SB 352 SB 353 SB 355 Representative Porter of the 143rd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 939 Do Pass Respectfully submitted, M Porter of the 143rd Chairman Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 359 Do Pass, by Substitute Respectfully submitted, /a/ Lord of the 121st Chairman Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1008 Do Pass SB 353 Do Pass Respectfully submitted, /s/ Martin of the 47th Chairman Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report: 1504 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on State Institutions & Property 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 404 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 919 Do Pass, as Amended HB 929 Do Pass HB 948 Do Pass HB 956 Do Pass HB 960 Do Pass HB 961 Do Pass SB 346 Do Pass Respectfully submitted, /s/ Royal of the 164th Chairman Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. Speaker: Your Committee on University System of Georgia has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 914 Do Pass, by Substitute Respectfully submitted, /s/ Smyre of the 136th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 14, 1997 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below: HB 348 Trial Judges and Solicitors Retirement; mandatory retirement age HB 374 Public accountants; registration; amend provisions HB 447 Firearms; pawn transactions; Brady Law applicability HB 478 Mortgage lenders; failure to pay insurance premiums; liability FRIDAY, MARCH 14, 1997 1505 HB 492 Insurance premium taxes; county expenditure of proceeds HB 505 Fire protection sprinkler contractor; licensure HB 567 School Safety Act of 1997; enact HB 600 Hospitals; certain transfers of assets; provisions HB 604 Natural resources; environmental testing laboratories; accreditation HB 673 Law enforcement officers; training; amend provisions HB 708 Telemarketing; unlawful computer-related activities; amend prov HB 830 Priv home care providers; cert volunteer serv; exempt from prov HB 889 Elections; inactive voters; removal from voting lists ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE. Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, M Lee of the 94th Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 919. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the compensation and expense allowances of the chairperson and members of the board of commissioners. The following amendment was read and adopted: The Committee on State Planning and Community Affairs - Local moves to amend HB 919 by striking in their entirety lines 27 through 29 of page 1 and inserting in lieu thereof the following: "The other four members of the board shall be" By striking lines 5 through 10 of page 2 and inserting in lieu thereof the following: "The members of the board shall also be paid for expenses incurred on official business for the county up to a total of $300.00 per month, and all members shall be paid actual expenses incurred in carrying on county business while outside the county. Expenses of all board members shall be subject to the approval of the entire board and shall be paid only on the basis of actual expenditures documented by receipts or statements. Expenses outside the county shall be paid only when authorized by the entire board and submitted as an itemized statement to the clerk of the board. All expenses shall be paid from the funds of the county on a monthly basis.'" 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 4. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 929. By Representative Martin of the 145th: A bill to provide a new charter for the City of Metter. 1506 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 948. By Representatives Cooper of the 31st, Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd, Wiles of the 34th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 956. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A bill to amend an Act providing for the Board of Education of Bartow County, so as to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 960. By Representative Birdsong of the 123rd: A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 961. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of such board of education. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 14, 1997 1507 SB 346. By Senators Clay of the 37th, Lamutt of the 21st and Thompson of the 33rd: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 359. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said officer. SB 373. By Senator Perdue of the 18th: A bill to create the Houston County Commission on Children and Youth; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide for the purposes for which the commission is created. HB 446. By Representative Walker of the 87th: A bill to provide a new charter for the Town of Between. HB 739. By Representative Purcell of the 147th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court. HB 796. By Representative Brown of the 130th: A bill creating a new charter for the City of Hogansville, so as to allow the mayor and city council to enter into a written contract for the employment of a city manager. HB 805. By Representative Channell of the lllth: A bill to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County. 1508 JOURNAL OF THE HOUSE, HB 849. By Representatives Bordeaux of the 151st, Pelote of the 149th, Dixon of the 150th and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the judge of the Probate Court of Chatham County. HB 850. By Representatives Bordeaux of the 151st, Pelote of the 149th, Dixon of the 150th and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the chief magistrate and magistrates of the Magistrate Court of Chatham County. HB 861. By Representatives Walker of the 87th and Stancil of the 91st: A bill to continue the charter for the Academy of Social Circle; to create a body politic known as the School District of Social Circle; to provide for a board of education; to provide for education districts. SB 39. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the provisions relating to the release of information collected under the state registration program; to provide that the information collected under the state registration program may be disclosed for any purpose authorized by state or federal law. SB 106. By Senators Taylor of the 12th, Marable of the 52nd, Hooks of the 14th and others: A bill to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages seven and 16, so as to increase the mandatory school attendance age to 18 years. SB 113. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 36-35-4.1 of the Official Code of Georgia Annotated, relating to reapportionment of election districts for municipal elections, so as to provide that in addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation is authorized, from time to time, to reapportion or modify the election districts from which members of the municipal governing authority are elected. SB 130. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd: A bill to amend Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recoverable before the Public Service Commission, so as to increase the maximum penalties. SB 198. By Senator Clay of the 37th: A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to special license plates for members of active reserve components of the United States, so as to allow retired reservists to retain their special license plates. FRIDAY, MARCH 14, 1997 1509 SB 249. By Senator Kemp of the 3rd: A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to change certain provisions relating to duties of persons removing or storing motor vehicles; to change certain provisions relating to creation of liens; to change certain provisions relating to lien foreclosure procedure. SB 261. By Senators Harbison of the 15th, Oliver of the 42nd and Thomas of the 10th: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the rights, benefits, purposes, and powers of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority and to subject the directors thereof to certain restrictions involving conflicts of interest; to provide for statutory construction. SB 267. By Senators Clay of the 37th, Johnson of the 1st, Ray of the 48th and others: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Public Assistance Act of 1965," so as to provide for the establishment of a social assistance register; to provide for the listing in such register of groups, associations, organizations, and individuals who are willing to assist citizens who are receiving public assistance or who need aid to ensure the quality of their lives. SB 279. By Senators Hill of the 4th, Johnson of the 1st, Perdue of the 18th, Thompson of the 33rd and others: 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 a short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts and medical care savings accounts; to provide for the maximum amount that may be deposited in a medical care savings account. SB 298. By Senator Stokes of the 43rd: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to increase the minimum distance from any church or school in which the sale of alcoholic beverages is permissible. SB 312. By Senator Boshears of the 6th: A bill to amend Chapter 1 of Title 39 of the Official Code of Georgia Annotated, relating to minors in general, so as to provide that persons who operate computer facilities which contain material which is harmful to minors shall take appropriate precautions not to violate the laws prohibiting electronic dissemination of such material to minors. 1510 JOURNAL OF THE HOUSE, SB 316. By Senators Langford of the 29th, Price of the 28th and Madden of the 47th: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change the provisions relating to the offense of concealing the death of another person; to provide that a person who, by concealing the death of any other person, hinders a discovery of such death shall be guilty of a felony; to provide penalties. SB 318. By Senator Thomas of the 10th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both. SB 335. By Senators Hill of the 4th and Harbison of the 15th: A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the rights, privileges, and prohibitions pertaining to military personnel, so as to provide that a public employee will be paid his or her salary for 18 days of ordered military leave each federal fiscal year; to make conforming changes. SB 336. By Senators Starr of the 44th and Marable of the 52nd: A bill to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to the authority of a school system to enter into multiyear lease, purchase, or lease purchase contracts, so as to exclude multiyear contracts with other school systems and public educational entities from certain limitations on such contracts. SB 344. By Senator Perdue of the 18th: A bill to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of decisions of state examining boards; to provide for an effective date and applicability. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 244. By Senator Thompson of the 33rd: A resolution designating the Coogan Ray Bleodow Memorial Bridge. SR 251. By Senator Thomas of the 54th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". SR 252. By Senators Thomas of the 54th and Huggins of the 53rd: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes Memorial Bridge". FRIDAY, MARCH 14, 1997 1511 SR 253. By Senator Streat of the 19th: A resolution designating the Thomas Kirkland Bridge. SR 260. By Senator Price of the 28th: A resolution designating the William Thomas Overby Memorial Parkway. HR 106. By Representative Purcell of the 147th: A resolution designating the Veterans Memorial Parkway. HR 112. By Representatives Jackson of the 112th, Williams of the 114th and Harbin of the 113th: A resolution designating the Jack Eubank Memorial Highway. HR 159. By Representative Poag of the 6th: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes Memorial Bridge". HR 214. By Representative Jamieson of the 22nd: A resolution creating the Toccoa-Stephens County Governmental Consolidation Study Committee. SR 50. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution creating the Sam Nunn Tribute Commission. SR 73. By Senators Oliver of the 42nd, Tanksley of the 32nd and Thomas of the 10th: A resolution re-creating the Joint Guardianship Rewrite Committee. SR 145. By Senators Walker of the 22nd, Clay of the 37th and Stokes of the 43rd: A resolution creating the Joint Study Commission on Chronic and Long-term Care. SR 151. By Senator Griffin of the 25th: A resolution creating the Joint Study Committee on Baldwin County State Properties. SR 159. By Senators Kemp of the 3rd, Johnson of the 2nd, Taylor of the 12th and others: A resolution requesting officers and agencies of the executive branch to provide information with respect to state projects to local legislative delegations. SR 249. By Senators Turner of the 8th, Land of the 16th and Perdue of the 18th: A resolution to create the Joint Study Committee on Comprehensive Revision of the Elections Code; to provide for appointment, compensation, powers, and duties of the committee; to provide for a chairperson; to provide for staff; to provide for submission of committee's findings regarding comprehensive revision of the elections code; to provide for its abolishment. 1512 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 39. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the provisions relating to the release of information collected under the state registration program; to provide that the information collected under the state registration program may be disclosed for any purpose authorized by state or federal law. Referred to the Committee on Judiciary. SB 106. By Senators Taylor of the 12th, Marable of the 52nd, Hooks of the 14th and others: A bill to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages seven and 16, so as to increase the mandatory school attendance age to 18 years. Referred to the Committee on Education. SB 113. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 36-35-4.1 of the Official Code of Georgia Annotated, relating to reapportionment of election districts for municipal elections, so as to provide that in addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation is authorized, from time to time, to reapportion or modify the election districts from which members of the municipal governing authority are elected. Referred to the Committee on Governmental Affairs. SB 130. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd: A bill to amend Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recoverable before the Public Service Commission, so as to increase the maximum penalties. Referred to the Committee on Industry. SB 198. By Senator Clay of the 37th: A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to special license plates for members of active reserve components of the United States, so as to allow retired reservists to retain their special license plates. Referred to the Committee on Motor Vehicles. SB 249. By Senator Kemp of the 3rd: A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to change certain provisions relating to duties of persons removing or storing motor vehicles; to change certain provisions relating to creation of liens; to change certain provisions relating to lien foreclosure procedure. Referred to the Committee on Judiciary. FRIDAY, MARCH 14, 1997 1513 SB 261. By Senators Harbison of the 15th, Oliver of the 42nd and Thomas of the 10th: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the rights, benefits, purposes, and powers of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority and to subject the directors thereof to certain restrictions involving conflicts of interest; to provide for statutory construction. Referred to the Committee on Health & Ecology. SB 267. By Senators Clay of the 37th, Johnson of the 1st, Ray of the 48th and others: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Public Assistance Act of 1965," so as to provide for the establishment of a social assistance register; to provide for the listing in such register of groups, associations, organizations, and individuals who are willing to assist citizens who are receiving public assistance or who need aid to ensure the quality of their lives. Referred to the Committee on Human Relations & Aging. SB 279. By Senators Hill of the 4th, Johnson of the 1st, Perdue of the 18th and others: 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 a short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts and 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 Health & Ecology. SB 298. By Senator Stokes of the 43rd: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to increase the minimum distance from any church or school in which the sale of alcoholic beverages is permissible. Referred to the Committee on Regulated Beverages. SB 312. By Senator Boshears of the 6th: A bill to amend Chapter 1 of Title 39 of the Official Code of Georgia Annotated, relating to minors in general, so as to provide that persons who operate computer facilities which contain material which is harmful to minors shall take appropriate precautions not to violate the laws prohibiting electronic dissemination of such material to minors. Referred to the Committee on Judiciary. 1514 JOURNAL OF THE HOUSE, SB 316. By Senators Langford of the 29th, Price of the 28th and Madden of the 47th: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change the provisions relating to the offense of concealing the death of another person; to provide that a person who, by concealing the death of any other person, hinders a discovery of such death shall be guilty of a felony; to provide penalties. Referred to the Committee on Special Judiciary. SB 318. By Senator Thomas of the 10th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both. Referred to the Committee on State Planning & Community Affairs. SB 335. By Senators Hill of the 4th and Harbison of the 15th: A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the rights, privileges, and prohibitions pertaining to military personnel, so as to provide that a public employee will be paid his or her salary for 18 days of ordered military leave each federal fiscal year; to make conforming changes. Referred to the Committee on Defense & Veterans Affairs. SB 336. By Senators Starr of the 44th and Marable of the 52nd: A bill to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to the authority of a school system to enter into multiyear lease, purchase, or lease purchase contracts, so as to exclude multiyear contracts with other school systems and public educational entities from certain limitations on such contracts. Referred to the Committee on Education. SB 344. By Senator Perdue of the 18th: A bill to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of decisions of state examining boards; to provide for an effective date and applicability. Referred to the Committee on Judiciary. SB 359. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said officer. Referred to the Committee on State Planning & Community Affairs - Local. FRIDAY, MARCH 14, 1997 1515 SB 373. By Senator Perdue of the 18th: A bill to create the Houston County Commission on Children and Youth; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide for the purposes for which the commission is created. Referred to the Committee on State Planning & Community Affairs - Local. SR 50. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution creating the Sam Nunn Tribute Commission. Referred to the Committee on Rules. SR 73. By Senators Oliver of the 42nd, Tanksley of the 32nd and Thomas of the 10th: A resolution re-creating the Joint Guardianship Rewrite Committee. Referred to the Committee on Rules. SR 145. By Senators Walker of the 22nd, Clay of the 37th and Stokes of the 43rd: A resolution creating the Joint Study Commission on Chronic and Long-term Care. Referred to the Committee on Rules. SR 151. By Senator Griffin of the 25th: A resolution creating the Joint Study Committee on Baldwin County State Properties. Referred to the Committee on Rules. SR 159. By Senators Kemp of the 3rd, Taylor of the 12th, Hooks of the 14th and others: A resolution requesting officers and agencies of the executive branch to provide information with respect to state projects to local legislative delegations. Referred to the Committee on State Planning & Community Affairs. SR 244. By Senator Thompson of the 33rd: A resolution designating the Coogan Ray Bleodow Memorial Bridge. Referred to the Committee on Transportation. SR 249. By Senators Turner of the 8th, Land of the 16th and Perdue of the 18th: A resolution to create the Joint Study Committee on Comprehensive Revision of the Elections Code; to provide for appointment, compensation, powers, and duties of the committee; to provide for a chairperson; to provide for staff; to provide for submission of committee's findings regarding comprehensive revision of the elections code; to provide for its abolishment. Referred to the Committee on Governmental Affairs. 1516 JOURNAL OF THE HOUSE, SR 251. By Senator Thomas of the 54th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". Referred to the Committee on Transportation. SR 252. By Senators Thomas of the 54th and Muggins of the 53rd: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes Memorial Bridge". Referred to the Committee on Transportation. SR 253. By Senator Streat of the 19th: A resolution designating the Thomas Kirkland Bridge. Referred to the Committee on Transportation. SR 260. By Senator Price of the 28th: A resolution designating the William Thomas Overby Memorial Parkway. Referred to the Committee on Transportation. By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs - Local and referred to the Committee on Judiciary: HB 1008. By Representatives Cummings of the 27th, Richardson of the 26th and Murphy of the 18th: A bill to provide a minimum annual salary for the judge of the juvenile court of the Tallapoosa Judicial Circuit; to provide for increases in such salary; to prohibit the practice of law by such judge. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning & Community Affairs - Local and referred to the Committee on Judiciary: SB 353. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 348. By Representative Crawford of the 129th: A bill to amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and disability benefits for the Trial Judges and Solicitors Retirement Fund, so as to change the mandatory retirement age. FRIDAY, MARCH 14, 1997 1517 The report of the Committee, which was favorable to the 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 Barnard Y Barnes Y Bates Y Benefield Birdsong Y Bohannon Bordeaux Y Bradford Breedlove Y Bridges Brooks Y Brown YBuck Y Buckner Bunn Y Burkhalter YByrd Campbell Y Canty Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay DeLoach, B DeLoach, G YDii Y Diion, H Y Dixon, S Dobbs Dukes YEhrhart Epps Y Evans Y Everett Y Felton Y Ployd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland E Holmes Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye Ladd Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Martin, J Martin, J.L YMassey Y McBee YMcCall Y McClinton Y McKinney Y Mills Mobley Y Mosley Y Mueller Y O'Neal Orrock YParham Parrish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Smith, T Y Smith, V Smyre Y Snelling Snow S tailings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Teague Y Teper Y Thomas YTillman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Walker, L Walker, R.L West Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Coleman of the 142nd and Walker of the 141st 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 492. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for the expenditure of proceeds from certain insurance premium taxes received by counties. The following Committee substitute was read and adopted: A BILL To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for the expenditure of proceeds from certain insurance premium taxes received by counties; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 1518 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, is amended by striking Code Section 33-8-8.3, relating to expenditure of proceeds of the insurance premium tax by county governing authorities, and inserting in its place a new Code Section 33-8-8.3 to read as follows: "33-8-8.3. (a) The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by the county governing authorities solely for the purpose of either: (1) Funding the provision of the following services to inhabitants of the unincorporated areas of such counties directly or by intergovernmental contract as authorized by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia: (A) Police protection, except such protection provided by the county sheriff; (B) Fire protection; (C) Curbside or on-site residential or commercial garbage and solid waste collection; (D) Curbs, sidewalks, and street lights; (E) fe the discretion ef the governing authority ef the county, seh Such other services as may be provided by the county governing authority aololy te for the primary benefit of the inhabitants of the unincorporated area of the county; or (2) Reducing ad valorem taxes of the inhabitants of the unincorporated areas of those counties in which the governing authority of a county does not provide any of the services enumerated in paragraph (1) of this subsection to inhabitants of the unincorporated areas. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of such counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset any of the proceeds derived from any tax provided for in this chapter which cannot be expended pursuant to paragraph (1) of this subsection. v&7--AppllCflwOH Or tllC pPOGG C 0.8 Or fltty tftX pPOVlQCd I OF itt VfllS CftftptCF tO PCCtUCC ftH ftr valorem tas tevy uacd te fund the provision of any service enumerated ia paragraph {1} ef- aubocction {a} ef- this Code section te inhabitants of- a special district or districts tiic umncoppopfltcd CIFCCI oy ft mumcipfi.iity pursuftnt to ft contpflct witft ft county sftftti DC dt me sole Q19CFction Or tiic county fovcrninj ftvttnor11yj provided., nowcvcrt tiiQt trie entire unincorporated area ef the county must fee located within th boundaries ef- ene er efeseh districts. {e}(b) In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Sections 33-8-8.1 and 33-8-8.2 the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of subsection (a) of this Code section or used to reduce ad valorem taxes as provided in paragraph (2) of subsection (a) of this Code section. Said budget shall also specify the amount of any other funds expended for such purpose or purposes as are authorized to be expended for services referred to in paragraph (1) of subsection (a) of this Code section. Such provisions shall be spread on the minutes of the meeting at which such budget is adopted." SECTION 2. This Act shall become effective on January 1, 1998, and shall be applicable to all fiscal 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 substitute, was agreed to. FRIDAY, MARCH 14, 1997 1519 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 N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Beneiield YBirdsong Y Bonannon Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Y Coleman, B Coleman, T YConnell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M EDay DeLoach, B DeLoach, G YDii Y Diion, H Y Diion, S YDobbs Dukes Y Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd E Franklin Y Golden Y Graves Y Greene Y Grindley N Hammontree Hanner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom YHenson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones N Joyce YKaye YLadd NLaily YLane Lee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton McKinney Y Mills Mobley YMosley Y Mueller YO'Neal Orrock YParham Parrish Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas Randall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal N Sanders Y Sauder Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Smith, V Smyre Y Snelling YSnow YStallings Y StancU, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor YTeague Teper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest Twiggs Walker, L Walker, R.L West N Westmorland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 141, nays 9. The Bill, having received the requisite constitutional majority, was passed, 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 Resolutions of the House were read and adopted: HR 518. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Hecht of the 97th: A resolution commending the Clayton County American Legion Post 258 and the Auxiliary and Sons of the Legion. HR 520. By Representative Pelote of the 149th: A resolution recognizing and commending Deacon Frank Mack, Sr. HR 521. By Representative Pelote of the 149th: A resolution recognizing and commending Bernice Green. HR 522. By Representative Jamieson of the 22nd: A resolution commending Adam F. Richardson. 1520 JOURNAL OF THE HOUSE, HR 523. By Representative Childers of the 13th: A resolution congratulating Carl William and Doris Evelyn Wilson. HR 524. By Representative Bailey of the 93rd: A resolution commending Mr. and Mrs. Arthur P. Love on the occasion of their fiftieth anniversary. The following Resolutions of the House were read and referred to the Committee on Rules: HR 517. By Representative Campbell of the 42nd: A resolution commending the Roswell High School basketball team and inviting the team to appear before the House of Representatives. HR 519. By Representatives Smyre of the 136th, Murphy of the 18th, Porter of the 143rd, Walker of the 141st, Lee of the 94th and others: A resolution commending Georgia's first lady, Shirley Miller, and inviting her to appear before the House of Representatives. HR 525. By Representatives Maddox of the 72nd, Turnquest of the 73rd, Ragas of the 64th, Mobley of the 69th, Polak of the 67th and others: A resolution commending the Cedar Grove High School basketball team and inviting the team and its coaches to appear before the House of Representatives. Representative Lakly of the 105th arose to a point of personal privilege and addressed the House. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 830. By Representative Connell of the 115th: 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 provide an additional exemption from the provisions of said article. The following Committee substitute was read and adopted: 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 provide an additional exemption from the provisions of said article; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, is amended by striking Code Section 31-7-305, relating to exempt services, and inserting in its place the following: "31-7-305. FRIDAY, MARCH 14, 1997 1521 This article shall not apply to private home care services which are provided under the following conditions: (1) When those services are provided directly by an individual, either with or without compensation, and not by agents or employees of the individual and not through independent contractors or referral arrangements made by an individual who has ownership or financial interest in the delivery of those services by others who would deliver those services; (2) When those services are home infusion therapy services and the intermittent skilled nursing care is provided only as an integral part of the delivery and infusion of pharmaceuticals, but such skilled nursing care, whether hourly or intermittent, which provides care licensed by this article beyond the basic delivery and infusion of pharmaceuticals is not exempt; (3) When those services are provided through the temporary placement of professionals and paraprofessionals to perform those services in places other than a person's residence; (4) When those services are provided by home health agencies which are licensed under Article 7 of this chapter; (5) When those services are provided in a personal care home by the staff of the personal care home; asd (6) When those services are services within the scope of practice of pharmacy and provided by persons licensed to practice pharmacyT j and (7) When those services are provided directly by an individual on a volunteer basis through a senior volunteer program, which includes the foster grandparent program, the senior companion program, and the retired and senior volunteer program. In no case shall there be remuneration to any person, firm, corporation, or volunteer for services rendered or coordination of services in conjunction with the senior volunteer program or the foster grandparent program." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderaon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y BUM Y Burkhalter YByrd Campbell Y Canty Y Carter YCash Y ChanneU Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Crawford Y Crews Y Culbreth Y Cumminzs Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S YDobbs Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Hammontree Y Manner Y Harbin Y Heard YHecht Y HeckataU Y Hegstrom HenBon Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly Lane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Martin, J.L Y Massey McBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill Y Shipp 1522 JOURNAL OF THE HOUSE, YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Y Snow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Taylor Y Teague Teper Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan 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. Representatives McBee of the 88th and Lane of the 146th 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 478. By Representative Harbin of the 113th: A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide that in certain circumstances a mortgage lender who fails to pay the insurance premium when required to do so on a mortgaged house is liable for any insurance claims or reinstatement fees or other similar charges. The following Committee substitute was read and adopted: A BILL To amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide that in certain circumstances a mortgage lender who fails to pay the insurance premium when required to do so on a mortgaged house is liable for any insurance claims or reinstatement fees or other similar charges; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by adding following Code Section 7-1-1013, relating to prohibited acts, a new Code section to read as follows: "7-1-1013.1. A mortgage lender who receives from the mortgagor periodic payments for homeowners' insurance premiums pursuant to an escrow agreement under the terms of which the mortgage lender pays the premium shall be liable for any losses sustained or claims made if the mortgage lender fails to pay the premium on time and there results from such failure a lapse in coverage through no fault of the mortgagor, provided that the mortgagor is current in his or her payments as of the date the insurance premium is due and payable. The mortgage lender shall also be liable for any reinstatement fees or other similar charges if the mortgage lender allows the insurance coverage to lapse. The liability imposed by this Code section shall not apply when and if the mortgagor takes any action to change the terms of or the parties to the homeowner's policy at issue without giving timely notice of such changes to the mortgage lender. If a mortgage loan is sold, the liability imposed by this Code section shall only attach to the mortgage lender who actually failed to make the required insurance premium payment at the time the payment was due and payable and not to the successor or predecessor mortgage lender, FRIDAY, MARCH 14, 1997 1523 provided the successor or predecessor does not also fail to comply with the escrow agreement as specified in this Code section." SECTION 2. This Act shall become effective on July 1, 1997, and shall apply to those mortgage loans originated 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 substitute, 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 N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y dnmminga Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y Dixon, S YDobbs Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest Twiggs Y Walker, L Walker, R.L YWest Y Westmorland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 708. By Representatives Skipper of the 137th and Polak of the 67th: 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 make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work. The following Committee substitute was read and withdrawn: 1524 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, the "Fair Business Practices Act of 1975," so as to make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work; to provide for criminal penalties, including penalties for a felony offense; to provide for doubling of civil and criminal penalties for certain practices relating to an elder or disabled person; to provide for investigation of criminal activities, including authority for certain peace officers to serve and execute arrest warrants; to authorize the administrator to issue certain regulations; to provide for vicarious civil and criminal liability under certain circumstances; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for certain offenses; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by striking in its entirety Code Section 10-1-393.5, relating to prohibited telemarketing or Internet activities, and inserting in lieu thereof the following: "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 nfift' fro pftiriTTiit fitly nffr>nap jnyri lying thoft HnHAT f!ftHp fipptinrm i c_P_^j through 1 fl_fl_O while engaging in telemarketing er while engaging in any activity en the Internet or -any siminiti? comput-cpized system wfticti individuals counocv to oy us6 of ft computcr cuid ft modam unlawful for any person who is engaged in telemarketing, or any person who is engaged in any activity involving or using a computer or computer network, or any person who is engaged in home repair work or home improvement work to: (1) Employ any device, scheme, or artifice to defraud a person, organization, or entity; (2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon a person, organization, or entity; or (3) Commit any offense involving theft under Code Sections 16-8-2 through 16-8-9. (c) In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section with intent te commit ay theft ndf Code Q ow rffitriiu-niins "J1 .foi_~_Qo_~Qii fLhiirrnunuigfhn 1iOft"OQ~Oir omViicoilili Vuco gaiuiVuijicnuftt twf\ att. furri1m 111i1n11r0i.l1 T{j^umiitniilttyir nunnrulocii* ffifiiiiiiilut\y7 n uxf an felony and, upon conviction thereof, shall be punished as provided in paragraph (4) of subsection (a) of Code Section 16-8-12 or, in the discretion of the trial judge, as for a misdemeanor. (d) Any person who intentionally targets an elder or disabled person, as defined in Article 31 of this chapter, in a violation of subsection fb) ef this Code section this article or in violation of any other Code section under which the administrator has enforcement authority shall be subject 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 criminal investigations under this Code section article, or under any other Code section under which the administrator has enforcement authority and for which there is a criminal penalty, 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 article, including but not limited to the power to FRIDAY, MARCH 14, 1997 1525 obtain, serve, and execute search and arrest 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 te complete the trainm tccjuiP6u lOP pco.cc oiticcfs Dy tfiflt cfiflptcf. oucri ccriitieci pctice oiiicers sn.&.ii DC authorized^ ttpea completion ef- 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 article. (f) The administrator shall be authorized to promulgate procedural rules relating to his or her duties under this Code section. (g) The peace officers designated under subsection (e) of this Code section shall also be authorized to act as peace officers in conducting investigations of any activity under this article for which there is a criminal penalty. (h) Any person who directly or indirectly controls a person culpable under this Code section, any general partner, executive officer, or director of such person culpable under this Code section, any person occupying a similar status or performing similar functions, or any other person who participates in any material way in a violation of this Code section is culpable to the same extent as the person whose culpability arises under this Code section if the person whose culpability arises under this subsection knew or, in the exercise of reasonable care, should have known of the existence of the facts by reason of which such culpability is alleged to exist." SECTION 2. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by striking in its entirety subparagraph (a) (4) (A) and inserting in lieu thereof the following: "(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 or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-395.5 or while engaged in telemarketing as defined ander Code Section 10-1-808.6 er telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than 36 ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than three years one year nor more than 20 years; e portion ef- whichay be suspended, probated, deferred, er withheld; ad any pefse whe is convicted ef a third offensc andet this paragraph shall fee punished %y imprisonment tor et less tiltin ten ycflrs tior more tnfln BW ycflrSj no portion ot wnicii wifly DC suspended, probated, deferred, er withheld." SECTION 3. This Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after said date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Hudson of the 156th, et al., was read and adopted: A BILL To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work; to provide for criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to provide for 1526 JOURNAL OF THE HOUSE, an additional civil penalty for certain practices relating to an elder or disabled person; to provide for investigations of violations of Article 15 of Chapter 1 of Title 10; to authorize the administrator to issue certain regulations; to provide for the forwarding of results of certain investigations conducted by the administrator to prosecuting attorneys of this state; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for certain offenses; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by striking in its entirety Code Section 10-1-393.5, relating to prohibited telemarketing or Internet activities, and inserting in lieu thereof the following: "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 a unlawful, unfair, and deceptive trade practice wade* this p)f]i-4- +A prtrnmit fin IT nffnnaf i n VA!vi n v thrft' ITTI Her flitHf*' Qpf1~iAna Tfi-fl-2 through 1 g_Q_fi while engaging in telemarketing or while engaging in any activity eft the Internet fa-easy smite computerized system wfefen individuals connect te by ase ef- ft computer and amodem unlawful for any person who is engaged in telemarketing, or any person who is engaged in any activity involving or using a computer or computer network, or any person who is engaged in home repair work or home improvement work to: (1) Employ any device, scheme, or artifice to defraud a person, organization, or entity: (2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon a person, organization, or entity; or (3) Commit any offense involving theft under Code Sections 16-8-2 through 16-8-9. (c) In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section with intent te commit say theft under Code Sections 16-8 2 through 16 8-0 shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section. (d) Any person who intentionally targets an elder or disabled person, as defined in Article 31 of this chapter, in a violation of subsection (b) of this Code section shall be subject to double the applicable ewl and criminal penalties for such violation f offcnsc an additional civil penalty, as provided in Code Section 10-1-851. (e) Persons employed full time or part time for the purpose of conducting tclcmarketiBg potentially criminal investigations under this Gede section article shall be designated as certified peace officers? and any person se designated shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this Code section article, 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 training 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 FRIDAY, MARCH 14, 1997 1527 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 article, (f) The administrator shall be authorized to promulgate procedural rules relating to his or her enforcement duties under this Code section." SECTION 2. Said part is further amended by striking in its entirety Code Section 10-1-406, relating to the duty of prosecuting attorneys, and inserting in lieu thereof a new Code Section 10-1-406 to read as follows: "10-1-406. ft shall be the duty ef- the prosecuting attorneys ef this state te tend te the administrate* saeh assistance as the administrator may request tn the commencement and- prosccutie ef- specific actions pursuant te this part. Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the administrator shall forward the results of such investigation to a prosecuting attorney of this state who shall commence any criminal prosecution that such prosecuting attorney deems appropriate." SECTION 3. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) of subsection (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 or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or while engaged in telemarketing as defined trader- Code Section 10-1-808.6 er telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than 30 ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than three years one year nor more than 20 years; ne pertien ef- which may be suspended, probated, deferred, or withheld; a*d- any persea whe is convicted Or ft tfiirci orrcnsG under rill's pftrftjrftp11 9fi8.il oe puntslied wy imprisonment ior not probated, deferred, er withheld. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or". SECTION 4. This Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after said date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAnhe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard Y Barnes Y Bates Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell 1528 JOURNAL OF THE HOUSE, Y Canty Y Carter YCash YChannell Y Childers Y Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDii Y Dixon, H Y DUon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht YHeckstall Y Hegstrom Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCaJl Y McClinton McKinney Y Mills Y Mobley Y Mosley Y MueUer Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre E Snelling Snow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 505. By Representatives Snow of the 2nd, Byrd of the 170th, Burkhalter of the 41st, Anderson of the 116th and Rogers of the 20th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to provide specific license requirements; to provide for accountability for the work performed by contractors, installers, and inspectors. The following Committee substitute was read and adopted: A BILL To amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as~ the "Georgia Fire Sprinkler Act," so as to provide specific license requirements; to provide for accountability for the work performed by contractors, installers, and inspectors; to provide a license revocation process; to add civil penalties; 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 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," is amended by striking said chapter in its entirety and inserting in lieu thereof the following: "CHAPTER 11 25-11-1. This chapter shall be known and cited as the 'Georgia Fire Sprinkler Act.' 25-11-2. FRIDAY, MARCH 14, 1997 1529 As used in this chapter, the term: (1) 'Certificate' or 'certificate of competency' means the document issued by the Commissioner to a certificate holder which authorizes ft fire protection sprinkler contractor te engage the business ef who has demonstrated adequate technical knowledge and ability to design in accordance with recognized standards as adopted by the Commissioner and to perform and supervise the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection sprinkler systems ef water (2) 'Certificate holder' means an individual who has satisfactorily met the require nmiCm TTttaoj onrf Cu^u.nui\co kPjclr-ir*-LtIiWnnU *Z?jUR_1J-1J_.Ai QnII/UJ rwirVn>un IiBn tuVimc fliuii1i1'Ltiirurtioc umwi-inicnfrj jnJnurrntTiIcOFTj of\rr (njfiifiiururrr tnjrf the company er corporation er atieh employee whe performs er supervises the installa tion, repair; alteration, addition, maintenance, ef inspection ef a fire protection aprin k4er system ef water spray system been issued a certificate of competency by the Commissioner. (3) 'Commissioner' means the Georgia Safety Fire Commissioner. (4) 'Fire protection sprinkler contractor' means an individual, partnership, corporation, association, or joint venture operated fer profit that supervises2 er performs, or supervises and performs the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection sprinkler systems er water-spray systems. Such term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacities. (5) 'Fire protection sprinkler contractor license' means the document issued by the Commissioner to the fire protection sprinkler contractor which authorizes the fire protection sprinkler contractor to engage in the business of fabrication, installation, repair, alteration, maintenance, or inspection of water-based fire protection systems. {}{6^ 'Fire protection sprinkler system' means an integrated system of overhead and underground piping designed in accordance with fire protection engineering stan- sucn fts ft ^rflvity tfliiKj IIPC pump, PCSCPvoiP, P pressure tflnK OP ttftdcr^pound piping te a etty stem The installation includes one or more automatic water supplies. The portion of the sprinkler system aboveground and underground is considered the fire ground a4 underground supply piping, eee dedicated exclusively te the se ef the fife protection system, which is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, to which sprinklers are connected attached in a systematic pattern. The system includes a control ling valve aad a device fer activating an ftktna when the controlling each system is operation riser is located in the system riser or its supply piping. The system is usually activated by heat from a fire and discharges water over the fire area. F4re pfetcction sprinkler systems shall include the following types; wet-pipe systems, dry-pipe systems, prcaction systems, dehige systems, combined dry-pipe ad preaction systems, antifreeze systems, circulating systems, and cloacd teep systems. (7) 'Fire protection system designer' means a person who develops documents pertaining to water-based fire protection systems. (8) 'Fire protection system designer license' means a document issued by the Commissioner which authorizes the fire protection system designer to engage in the business of producing construction shop drawings pertaining to water-based fire protection systems. (9) 'Fire protection system inspector' means an individual who performs inspections only on water-based fire protection systems in accordance with applicable codes and standards as adopted by the Commissioner. Such term does not apply to state, local, and insurance inspectors while acting in their official capacities. (10) 'Fire protection system inspector's license' means a document issued by the Commissioner which authorizes the fire protection system inspector to engage in the business of inspecting water-based fire protection systems. (11) 'Fire pump' means a pump supplying water at the flow and pressure required by water-based fire protection systems. 1530 JOURNAL OF THE HOUSE, (12) 'Foam-water spray system' means a special system pipe connected to a source of foam concentrate and to a water supply and equipped with foam-water spray nozzles for fire protection agent discharge (foam and water sequentially in that order or in reverse order) and distribution over the area to be protected. System operation arrangements parallel those for foam-water sprinkler systems. (13) 'Foam-water sprinkler system' means a special system pipe connected to a source of foam concentrates and to a water supply and equipped with appropriate discharge devices for fire protection agent discharge and distribution over the area to be protected. The piping system is connected to the water supply through a control valve that is usually actuated by operation of automatic detection equipment installed in the same area as the sprinklers. When this valve opens, water flows into the piping system, and foam concentrate is injected into the water. The resulting foam solution discharging through the discharge devices generates and distributes foam. Upon exhaustion of the foam concentrate supply, water discharge will follow the foam and continue until manually shut off. Existing deluge sprinkler systems that have been converted to the use of aqueous film forming foam are classified as foam-water sprinkler systems. (14) 'Inspection' means a visual examination of a water-based fire protection system or portion thereof to verify that it appears to be in operating condition and is free of physical damage. (15) 'Maintenance' means work performed to keep equipment operable or to make repairs without altering the operation of the water-based system. (16) 'Private fire service main' means that pipe and its appurtenances on private property that are: (A) Between a source of water and the base of the system riser for water-based fire protection systems; (B) Between a source of water and inlets to foam-making systems; (C) Between a source of water and the base elbow of private hydrants or monitor nozzles; (D) Used as fire pump suction and discharge piping outside of a building; and (E) Beginning at the inlet side of the check valve on a gravity or pressure tank. (17)'Private water tank' means a tank supplying water for water-based fire protection systems which is located on private property. (18) 'Standpipe system' means an arrangement of piping, valves, hose connections, and allied equipment installed in a building or structure with the hose connections located in such a manner that water can be discharged in streams or spray patterns through attached hoses and nozzles for the purpose of extinguishing a fire, thus protecting a building or structure, its contents, and its occupants. This is accomplished by connection to water supply systems or by pumps, tanks, and other equipment necessary to provide an adequate supply of water-to-hose connections. (19) 'Testing' means a procedure to determine the status of a system as intended by conducting periodic physical checks on water-based fire protection systems such as waterflow tests, fire pump tests, alarm tests, and trip tests of dry pipe, deluge, or reaction valves. These tests follow up on the original acceptance test at intervals specified in the appropriate standards related to such systems. (20) 'Water-based fire protection system' means any one system or any combination of a number of systems designed to deliver water to an apparatus designed to extinguish or retard the advancement of fire. Such systems include fire protection sprinkler systems, Standpipe systems, private fire service mains, fire pumps, private water tanks, water spray fixed systems, foam-water spray systems, and foam-water sprinkler systems. The term 'fire sprinkler system' is used interchangeably with this term. {6)(21) 'Water-spray fixed system' means a special fixed pipe system connected to a reliable sewee ef- fire protection water supply and equipped with water-spray nozzles for specific water discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically or manually activated valve which that initiates the flow of water. An automatic valve is activated actuated by operation of automatic detection equipment; hydraulic, pneumatic, FRIDAY, MARCH 14, 1997 1531 e* electrically operated, normally installed in the same areas area as the water-spray 9ucii fts t ^jp&vrty t/flttifj fife puKipj PcscFvon} of pressure tflnK of uiidcrfouiiQ piping te a eity main. The portion ef the system abovcground d underground is considered the water spray system for purposes ef this chapter. 25-11-3. (a) The Commissioner is charged with the duty and responsibility for the enforcement of this chapter. (b) Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by any deputy, assistant, or other designated employee acting in the Commissioner's name and by his or her delegated authority. The Commissioner shall be responsible (or the official at9 ef seeh persons (c) The Commissioner may, in at his or her discretion, have the competency and license test prepared by others. (d) The Commissioner is authorized to enter into a reciprocal agreement with the State Fire Commissioner or state fire marshal of other states for the waiver of the competency test of any applicant resident in such other jurisdiction, provided that: (1) The laws of the other jurisdiction are substantially similar to this chapter; and (2) The applicant has no place of business within this state nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as a fire protection sprinkler contractor and. \*oj A fosidcnt of tinis stotc us Tiic otricr juFisdicttoft *is priviic?eu to procure ft ceFtiii" eate ef competency apen the foregoing conditions and without discrimination as te 25-11-4. (a) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by toot the Commissioner. Such individual shall remit with his or her application a nonrefundable certificate fee of $100.00 plus a one-time filing fee of $50.00. Such fee shall not be prorated for portions of a year. (b) Prior to obtaining a certificate, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection sprinkler systems or water-spray systems by: (1) Successfully completing a competency test as by means prescribed by regulation rules and regulations and administered as adopted and promulgated by the Commissioner; or (2) Submitting to the Commissioner prior to December 1-, 1088, sworn affidavits from tnTcc protcssionfti engineers curPCntiy feistcfeu tft trie otctte of \j eofit to wic CIICCT< that the applicant has satisfactorily supervised the design and installation ef at least Tiifee nf& pfotec11on sppin&let systems of wftter sppfly systems 01 JCHJ OP more sprinicieps m siBCj sucii flitiusvits inciudin trie n&nfte^ Qescnpiioiij flnQ locfltion of cucn 01 the three systems ef 300 or taore heads; * a certification from either the state fire Commissioner or state fire marshal of another jurisdiction (3) Whenever whenever a reciprocal agreement has been entered into between this state and another jurisdiction the two jurisdictions pursuant to subsection ^d} ef- Code Section 26-11-8, submitting te the Commisaienef a certification frost either the state fire Commissienef or state fire marshal ef such ether jurisdiction that the applicant helds a currently vaHd certificate ef competency in stieh ether jurisdiction the provisions of this chapter. (c)(l) If the applicant has paid the required fees and has met one of the requirements of subsection (b) of this Code section, the Commissioner shall issue a certificate of competency in the name of the applicant unless such applicant has been cited under other provisions of this chapter. Such certificate shall expire annually en December 31 ef each year and shall be nontransfcrable as determined by the rules and regulations and shall be nontransferable. 1532 JOURNAL OF THE HOUSE, (2) The Commissioner may et issue or renew & certificate ef competency, nies& the applicant provides proof OT comprehensive liability insurance coverage. 1 ne liability insurance policy snail provide coverage m an amount not less tttan JpoUUjUUU.OU and shall eevei any less te property or personal JBJary caused by the fire protection aprink4e* contractor. T-h policy must be purchased fre an insurer authorized te de buai- {#)^ In no case shall a certificate holder be allowed to obtain a certificate of competency for more than one fire protection sprinkler contractor or more than one office location at a time. If the certificate holder should leave the employment of a fire protection sprinkler contractor or change office locations, he or she must notify the Commissioner in writing within 30 days. (d) A certificate holder desiring to renew his or her certificate shall submit a renewal application to the Commissioner and remit therewith a renewal fee of $100.00 on or before December i ef each year the date determined by the rules and regulations of each year. If the state minimum fire safety standards regarding the installation or maintenance of fire protection sprinkler systems or water-spray systems promulgated by the Commissioner have been revised since the date the certificate holder's expiring certificate was issued, the Commissioner may, upon 30 days' notice, require the certificate holder to again meet one of the requirements of subsection (b) of this Code section prior to the renewal of his or her certificate. 25-11-5. (a) Where a fire protection sprinkler contractor has multiple office locations for the purpose of design, installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems, each location shall be licensed under the provisions of this chapter. (b) Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms prescribed by him or her. Such organization or individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a one-time filing fee of $50.00. Such fee shall not be prorated for portions of a year. (c) Prior to obtaining a sprinkler contractor's license, the applicant shall: (1) Submit to the Commissioner a copy of any and all certificate of competency holders' certificates employed by the applicant; and (2) Submit to the Commissioner proof of comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $_1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler contractor. The policy must be purchased from an insurer authorized to do business in Georgia. (d) A fire protection sprinkler contractor license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 on or before the date determined by the rules and regulations of each year. 25-11-6. individual desiring to become a fire protection sprinkler system inspector shall submit to the Commissioner a completed application on the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a one-time filing fee of $50.00. Such fees shall not be prorated for portions of a year, (b) Prior to obtaining a license, the applicant shall demonstrate his or her competence and employment by a sprinkler contractor by: (1) Successfully completing a competency test by means prescribed by rules and regulations as adopted and promulgated by the Commissioner; and (2) Submitting to the Commissioner proof of employment by a sprinkler contractor who has comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler inspector. The policy must be purchased from an insurer authorized to do business in Georgia. FRIDAY, MARCH 14, 1997 1533 (c) A fire protection sprinkler system inspector license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 on or before the date determined by the rules and regulations of each year. 2S-11-7. (a) Any individual desiring to become a fire protection system designer shall submit to the Commissioner a completed application on forms prescribed by him or her. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a one-time filing fee of $50.00. Such fee shall not be prorated for portions of a year. (b) Prior to obtaining a license, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by means prescribed by rules and regulations as adopted and promulgated by the Commissioner or as set forth in Chapter 15 of Title 43. (c) A fire protection system designer license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 on or before the date determined by the rules and regulations of each year. 2641 6 25-11-8. (a) No person shall act as a fire protection sprinkler contractor unless a certificate holder is employed full time, in office or on site or combination thereof, to supervise or perform the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection sprinkler systems or water spray systems. (b) If the only certificate holder employed by a fire protection sprinkler contractor leaves the employment of the fire protection contractor, the contractor shall notify the Commissioner in writing within 30 days. A new certificate holder must be employed by a fire protection sprinkler contractor within 30 days of such notice. {b)(c) No fire protection sprinkler contractor shall permit any person under his employ or her employment or control to install, repair, alter, maintain, or inspect any waterbased fire protection sprinkler system er water-spray system unless such person is a certificate holder or is under the direct supervision of a certificate holder employed by the contractor. (d) Only fire protection sprinkler contractors or certificate of competency holders shall alter or renovate water-based fire protection systems except as otherwise provided by this chapter. (e) Individuals employed by the building owner or a representative of the building owner may repair leaks, replace broken fittings, or perform other routine maintenance that does not alter the piping arrangement or operation of a water-based fire protection system. (f) Installations shall conform to codes as adopted bj the Commissioner unless otherwise permitted by this chapter or the rules and regulations promulgated pursuant to this chapter. (g) It shall be unlawful for any person to begin installation of a fire sprinkler system on any proposed or existing building or structure which comes under the classification in paragraph (1) of subsection (b) of Code Section 25-2-13 or which comes under the jurisdiction of the Office of the Commissioner of Insurance pursuant to Code Section 25-2-12 without first having drawings of the designed system approved by the appropriate authority having jurisdiction unless otherwise provided by the rules and regulations promulgated pursuant to this chapter. 25-11-9. (a) Water-based fire protection shop drawings shall be reviewed for code compliance with the state minimum standards by a certificate of competency holder. (b) The reviewing certificate holder's signature, printed name, and certificate number indicating such compliance shall be indicated on submitted plans. (c) Noncode compliance dictated by bid documents shall be reported by means prescribed by the rules and regulations promulgated pursuant to this chapter. 1534 JOURNAL OF THE HOUSE, 25-11-10. (a) Only licensed fire protection system designers or other designers under their direct supervision shall prepare water-based fire protection system documents for construction. (b) All documents shall be representative of code complying water-based fire protection systems unless otherwise permitted by the rules and regulations promulgated pursuant to this chapter. (c) The licensed fire protection system designer's signature, printed name, and license number shall be indicated on the shop drawings. 25-11-11. (a) Inspections, maintenance, and testing required bj; this chapter shall only be performed by licensed fire protection system inspectors, certificate of competency holders, or representatives of the building owner. Representatives of the building owner shall indicate in writing to the authority having jurisdiction their intent to do such inspections and provide to the authority having jurisdiction proof of knowledge and expertise pertaining to the systems inspected as specified in the rules and regulations adopted pursuant to this chapter. Said representatives of the building owner are exempt from the license requirements specified in Code Section 25-11-6. (b) Duly authorized manufacturers' representatives while acting in their official capacities are exempt from this chapter. (c) Inspections and maintenance of water-based fire protection systems owned by a firm, business, or corporation and installed on property under control of the firm, business, or corporation may be performed by an employee of the firm, business, or corporation provided annual inspection and maintenance of the water-based system are performed by a current certificate of competency holder or inspector as defined in this chapter. Said employees are exempt from the license requirements specified in Code Section 25-11-6. 26 11-6 25-11-12. The Commissioner may promulgate such rules and regulations as he or she deems necessary to effectuate carry out the provisions of this chapter. The Commissioner may also prescribe the forms required for the administration of this chapter. 26 11 7 25-11-13. (a) The installation or repair of any underground facilities or piping which connects to and furnishes water for the water-based fire protection oprinklcr system ef water-spray system shall be performed only by a licensed utility contractor, fire protection sprinkler contractor, or licensed plumber; provided, however, that after utility contractors are FOQUIPCd to 1&C licensed under oiiflpt/ep J.4 OT "i itie 4o, Hie utility contrtictor ponownin^ Chapter 14 of Title 43 in accordance with the minimum fire safety standards adopted by. the Commissioner. The utility installing contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the water-based fire protection sprinkler system e* water spray system. (b) Evidence of inspection shall be given to the owner or his or her representative in the form of a letter indicating the inspector or certificate of competency holder and the license number or certificate number. {b)(c) Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a water-based fire protection sprinkler system ef water-spray system, such local official shall require a copy of a valid certificate ef competency fire protection sprinkler contractor license from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency2 as issued by the Commissioner. {e)(d) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the FRIDAY, MARCH 14, 1997 1535 quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety. 36 11 8 25-11-14. This chapter shall also apply to any fire protection sprinkler contractor performing work for the state or any municipality, county, or other political subdivision. Officials of the state or any municipality, county, or other political subdivision are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, maintenance, or inspection of a water-based fire protection sprinkler system er water-spray system. Bids tendered for such contracts shall be accompanied by a copy of a valid certificate of competency. 26 11-0 25-11-15. (a) All fees collected pursuant to the provisions of this chapter shall be deposited with the Office ef- Treasury and Fiscal Services Fiscal Division of the Department of Administrative Services. (b) The Commissioner shall be authorized to receive grants for the administration of this chapter from parties interested in upgrading and improving the quality of waterbased fire protection sprinkler systems^ education of the public pertaining to waterbased fire protection systems, or water apray systems the upgrading of fire protection, in general, in Georgia. 26 11-10 25-11-16. (a) Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissionerz er his or her deputy2 er his or her assistant^ or other designated persons may issue and deliver to the individual an order to cease and desist such violation. Any perse whe fatts te comply witii ftHy order under tins suDSGc11on is guilty of ft misdcmcftnor &nd fflfly i&& punisncd by tewr fe addition, the Commissioner may knpese penalty, net te exceed- $260.00, for each day the violation exists. Violation ef eoty provision ef- this chapter er failure te eomply with a eeas and desist erder is eawse for revocation ef certificate ef competency. Dcciaiona mtder this subsection may be appealed as provided fey lawr (b) The certificate ef competency ef- any pewes failing te comply with B order is8td pursuant te subsection {a} ef- this Code section sfeftH be revoked pen th date apceificd said- e*derr Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all certificates and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new certificate or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new certificates and licenses held by such person. Decisions under this subsection may be appealed as provided by law. (c) Any person who violates this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner of not more than $1,000.00 for a first offenae, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $6,000.00 for a third or subsequent offense for each day a violation persists after such person is notified of the Commissioner's intent to impose such penalty and the right to a hearing with respect to same. (d) Any order shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be severed by delivery by the Commissioner or his or her agent or by registered or certified mail, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law. 25-11-17. In addition to the grounds set forth in Code Section 25-11-16, it is cause for revocation or suspension of certificates or licenses by the Commissioner if it is determined that the holder has: 1536 JOURNAL OF THE HOUSE, (1) Rendered inoperative a water-based fire protection system covered by this chapter, except during a reasonable time during which the system is being repaired, altered, added to, maintained, or inspected; (2) Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter or current fire codes enforced by the Commissioner; (3) Improperly installed, repaired, serviced, modified, altered, inspected, or tested a water-based fire protection system; (4) While holding a certificate or license, allowed another person to use the certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number; (5) While holding a certificate or license, used a certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number; (6) Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; (7) Failed to maintain the minimum insurance coverage as set forth in this chapter: or (8) Failed to maintain the minimum requirements to obtain a certificate of competency or other licenses. 25-11-18. The failure to renew a certificate or license by the expiration date as set forth in this chapter will cause the certificate or license to become inoperative. A certificate or license which is inoperative because of the failure to renew it shall be restored upon payment of the applicable fee plus a penalty of not more than $250.00 if said fees are paid within 90 days of expiration. After 90 days new certificates and licenses must be applied for as required for an initial certificate or license. 36 11 11 25-11-19. The provisions of this chapter shall not apply to limited automatic sprinkler protection water-based automatic sprinkler systems; life safety systems, supplied frem ft domestic water supply for use in single-family or low-rise, three stories er tes9; multifomily dwellings or limited water-based systems permitted to be connected directly to a domestic water supply system as allowed by the NFiPA Life Safety Code adopted by the Commissioner's rules and regulations." SECTION 2. This Act shall become effective on July 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 substitute, 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 Ashe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDii Y Diion, H Y Diion, S Y Dobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton FRIDAY, MARCH 14, 1997 1537 YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht Y Heckstall YHegstrom Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Jenkins N Johnson Y Johnston Y Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee McCall Y McClinton Y McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre E Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Teper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Walker, R.L Y West Y Westmoreland Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 152, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker Pro Tern assumed the Chair. HB 447. By Representatives Twiggs of the 8th, Day of the 153rd and Sherrill of the 62nd: A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to the applicability of the Brady Law regulations and the transfer of handguns as collateral for loan or in pawn transactions, so as to change the time period during which the exemption granted for certain loan or pawn transactions is applicable. 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 Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefleld Y Birdaong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Cash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M KDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Kaye YLadd Y Lakly YLane YLee Y Lewis YLord Lucas Y Maddox YMann Y Manning Martin, J Martin, J.L YMassey Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal Y Orrock YParham Y Parrish Parsons Y Pelote Y Perry Y Pinholster 1538 JOURNAL OF THE HOUSE, YPoag Y Polak Y Ponder Y Porter Y Powell Purcell YRagas YRandall YRay Reaves YReichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Sherrill YShipp Y Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P Smith, T Y Smith, V Y Smyre E SneUing Snow Y Stallings Y Stencil, F Y Stancil, S Y Stanley, L Y Stanley, P Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Williams, B Williams, J Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 604. By Representatives Dobbs of the 92nd and Lane of the 146th: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that the Department of Natural Resources shall establish a program for accreditation of laboratories performing environmental testing. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that all commercial analytical laboratories submitting environmental testing data shall be accredited; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, is amended by inserting at the end thereof a new Code Section 12-2-9 to read as follows: "12-2-9. All commercial analytical laboratories submitting data for regulatory purposes shall be accredited or approved as specified in the Environmental Protection Division's rules and regulations. Such regulations shall provide for procedures, identification of accrediting organizations, reciprocity, and an effective date which allows a phase-in period." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Anderson Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Barnard Y Bames Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y CampbeU FRIDAY, MARCH 14, 1997 1539 Y Canty Y Carter Cash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Council Y Cooper Y Crawford Y Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Diion, H Y DUon, S YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Manning Y Martin, J Martin, J.L Y Massey YMcBee YMcCall McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller O'Neal YOrrock YParham YParrish Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Porter Y PoweU Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling YSnow Y Stalling: Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague Y Teper Y Thomas YTUlman Y Titus Y Tolbert Y Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 567. By Representatives Porter of the 143rd, Taylor of the 134th, Purcell of the 147th, Williams of the 83rd, Sherrill of the 62nd and others: A bill to be known as the "School Safety Act of 1997"; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled. The following Committee substitute was read: A BILL To be known as the "School Safety Act of 1997"; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled; to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to provide for limited disclosure of certain information related to a criminal offense committed by a student; to provide for a student code of conduct to be adopted by each local board of education; to provide for disciplinary actions against students who violate the code of conduct; to provide for procedures for disciplinary proceedings; to provide for reporting of certain criminal action by a student; to define and provide for an alternative school program; to authorize state-wide suspension or expulsion of students convicted of certain felonies; to amend Article ISA of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to the liability of educators for disciplining students, so as to provide for immunity from civil and criminal liability for certain acts relating to discipline of students and 1540 JOURNAL OF THE HOUSE, for reporting a student for misconduct; 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. This Act shall be known and may be cited as the "School Safety Act of 1997." SECTION 2. Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by adding at the end of paragraph (2) of subsection (b) a new subparagraph (E) to read as follows: "(E) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of or adjudicated to have committed certain offenses over which the superior court has exclusive jurisdiction as provided in subparagraph (A) of this paragraph, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed and the sentence or other disposition of the case." SECTION 3. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, is amended by striking Code Section 20-2-751.2, relating to disciplinary orders of other school systems, and inserting in lieu thereof the following: "20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school system's disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system may request of another school system whether any disciplinary order has been imposed by the other system upon a student who is seeking to enroll or is enrolled in the requesting system. If such an order has been imposed and is still in effect for such student, the requested system shall so inform the requesting system and shall provide a certified copy of the order to the requesting system. (d) If any school administrator responsible for discipline determines from the information obtained pursuant to this Code section or from Code Section 15-11-5 or 15-11-58.1 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-37, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential." SECTION 4. Said part is further amended by adding immediately following Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, a new Code Section 20-2-751.3 to read as follows: "20-2-751.3. FRIDAY, MARCH 14, 1997 1541 (a) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall adopt a student code of conduct and shall send a copy of such code of conduct to the State Board of Education by August 15, 1997. (b) Local boards of education shall provide for disciplinary action against students who violate the student code of conduct. A student who violates the student code of conduct may be punished for misconduct as provided by his or her local board of education. (c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school." SECTION 5. Said part is further amended by striking Code Section 20-2-754, relating to procedures to be followed by disciplinary officer, panel, or tribunal, in its entirety and inserting in lieu thereof the following: "20-2-754. (a) The provisions of Code Section 20-2-1160 shall apply to disciplinary proceedings under this subpart. {g)(b) 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 mail. This notice shall be given to all parties and to the parent 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; (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. {bKc) If appointed to review an instance specified in Code Section 20-2-753, the disciplinary 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 days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local 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. {eKd) 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 ten days, excluding weekends 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. (e) Either or both parents or guardians or legal counsel of the student involved may obtain a copy of any documents relating to a disciplinary proceeding conducted pursuant to this Code section." SECTION 6. Said part is further amended by striking Code Section 20-2-756, relating to reports by school officials to law enforcement officials, and inserting in lieu thereof the following: "20-2-756. 1542 JOURNAL OF THE HOUSE, (a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local board of education may, when any instance specified i subsection -(a) ef- Code Section 20-2-763 alleged criminal action by a student occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if criminal charges or delinquent proceedings should be initiated. (b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process." SECTION 7. Said part is further amended by adding at the end thereof a new Subpart 4 to read as follows: "Subpart 4 20-2-768. (a) The State Board of Education is authorized to create an alternative school program for students in grades 6 - 12 to serve students who violate the student code of conduct. This program shall provide the individualized instruction, intervention strategies, and transition to other programs these students need to become successful students and good citizens. (b) Any local board of education may choose to establish an alternative school for the sole purpose of providing a separate educational program for students who violate the student code of conduct. (c) The educational program for an alternative school must include the objectives of the quality core curriculum, ensuring that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and ensuring that credit earned by students participating in the alternative school program can be transferred to either the home school or another public school. (d) The state board is authorized to establish criteria and procedures for alternative schools. Each year the state board must review petitions for alternative school status received from local boards of education. The state board is directed to approve such petitions and to grant alternative school status to local boards of education whose petitions, in the opinion of the state board, meet the established criteria in subsection (d) of this Code section. (e) The state board is authorized to grant alternative school status on a multiyear basis, not to exceed five years. Annual progress reports for each alternative school must be filed with the State Board of Education. These reports must include, at a minimum, a statement of: (1) The process by which the educational program for each student has been determined; (2) The process through which the educational progress of each student has been evaluated and a summary report of the results of these evaluations; and (3) The process by which students have been returned to their home school or another public school and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative school. (f) The State Board of Education may withdraw an alternative school status designation if, in the opinion of the board, the designated school is not complying with the criteria and procedures established by the board. (g) If a school district is granted alternative school status for one or more schools and fails to comply with the above requirements for annual reporting, state funding may be withheld. 20-2-769. As used in this subpart, the term: (1) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. FRIDAY, MARCH 14, 1997 1543 (2) 'Suspension' means the short-term suspension of a student from a public school for not more than ten days or long-term suspension for more than ten days pursuant to Code Section 20-2-751. 20-2-769.1. (a) Each local board of education is authorized to refuse to readmit or enroll a student suspended or expelled for having committed certain felonies as provided in this subsection. The pupil or his or her parent or legal guardian may request a hearing to review the student's conduct. Any student convicted of or adjudicated to have committed: (1) Murder; (2) Voluntary manslaughter; (3) Rape; (4) Aggravated sodomy; (5) Aggravated child molestation; (6) Aggravated sexual battery; or (7) Armed robbery if committed with a firearm, may be refused admission or readmission in any local school system in the state. (b) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student denied enrollment in a local school system under subsection (a) of this Code section in an alternative educational system as appropriate and in the best interest of the student and the education of other students within the school system." SECTION 8. Article ISA of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the liability of educators for disciplining students, is amended by striking in its entirety subsection (b) of Code Section 20-2-1000, relating to limitation on civil damages for disciplining a student, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) No educator shall be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, except for acts or omissions of willful or wanton misconduct." SECTION 9. Said article is further amended by adding at the end thereof a new Code section, to be designated as Code Section 20-2-1001, to read as follows: "20-2-1001. (a) As used in this Code section, the term 'educator' means any principal, school administrator, teacher, guidance counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom, tribunal members, or certificated professional personnel. (b) An educator shall be immune from criminal liability for any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, provided that the educator acted in good faith." SECTION 10. This Act shall become effective on July 1, 1997. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Buckner of the 95th moves to amend the Committee substitute to HB 567 as follows: Page 2 line 3 strike 30 days insert 15 days. 1544 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 substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes Y Ehrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre E Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland YWhitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Y Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 889. By Representatives Dixon of the 150th, Lee of the 94th, Walker of the 141st, Skipper of the 137th, Irvin of the 45th and others: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors. The following Committee substitute was read: A BILL To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; FRIDAY, MARCH 14, 1997 1545 to provide for maintenance of an inactive list of electors; to provide for procedures 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. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by striking Code Section 21-2-234, relating to inactive electors and procedures related thereto, and inserting in lieu thereof a new Code section to read as follows: "21-2-234. (a)(l) As used in this Code section and Code Section 21-2-235, the term 'no contact' shall mean that the elector has not voted in any election, has not filed an updated voter registration card, has not filed a change of name or address, has not signed a petition which is required by law to be verified by the election superintendent of a county or municipality or the Secretary of State, and has not confirmed the elector's continuation at the same address during the preceding three calendar years. (2) In Beginning in 1007, prior te February 4 ef each odd-numbered year, the Secretary of State shall identify all electors whose names appear on the list of electors with whom there has been no contact during the preceding three calendar years and who were not identified as changing addresses under Code Section 21-2-233. The Secretary ef- State shall cauae the confirmation notice described in this Code section te shall be sent to each such elector prior te March 1 of during each odd-numbered year. Such notices shall be sent by forwardable, first-class mail. (b) When mailings to electors whose names appear on the list of electors, including, but not limited to, acknowledgments under Code Section 21-2-226, are returned undeliverable by the United States Postal Service, the Secretary ef State shall cause the confirmation notice described in this Code section to be sent te shall such electors. (c) The confirmation notice shall be a postage prepaid, preaddressed return card on which an elector may state such elector's current address and which also includes a notice which states substantially the following: (1) If the elector has not changed addresses or has changed addresses within the county in which the elector is currently registered, the elector must return the card with the updated information, if any, e later than the close ef- business en the fourth Friday prior te the nest general primary er general election tot federal offices er presidential preference primary, whichever eemes first; within 30 days after the date of the notice; and (2) If the card is not returned} the elector witt be required te affirm er confirm the elector's address before voting in any election beginning en the ttete ef the notice and ending en the day after the accond November election which- eeeara after the date efthe notice; and within 30 days after the date of the notice, the elector's name shall be transferred to the inactive list of electors provided for in Code Section 21-2-235. (3) If the elector docs net vote in an election during the period beginning en the date ef the notice and ending en the day after the accond November election which eecafs flltCr tllC Q&LC Or til DO11C6) tflC ClCCtOf 9 Htlfi Will i&C 16IUOVCQ IFOIfi TftC l!9r Of 'ClCC" (d) If the elector returns the card and shows that he or she has changed residence to a place outside of the boundaries of the county in which the elector is currently registered, the elector's name shall be removed from the list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote. (e) If the elector returns the card and states that the elector has changed residences within the county in which the elector is currently registered, the elector shall remain on the list of electors, the registration records shall be corrected to reflect such new address, and a new voter identification card shall be issued pursuant to Code Section 21-2-226. {e)(f) If such elector returns the card and confirms that such elector continues to reside at the current address at which such elector is registered, the fact of such confirmation 1546 JOURNAL OF THE HOUSE, shall be recorded and the elector shall remain on the list of electors. H the elector PCtUfRS tllC CCLFu 8J1Q 91fltC9 unfit tilC ClCCtOf 118.9 CIlflllCCl FC91QCHCC9 WHI11I1 tftG COUlrty tors, toe fc^istfflt/iott FCCOPQ& siicur oc cOFFCctcd to pcticct 9ucri new fldciP 99"> fliMt & new voter identification card- shall be issued pursuant t& Code Section 21-2-226. (f) If the elector returns the card and states that -the elector has changed addresses etrtsMe ef the boundaries i which the elector is currently registered te vote, the clcctor'a shall be removed from the list ef- electors. (g) If the elector fails to return the card within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (h) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote. (i) List maintenance activities pursuant to this Code section and Code Section 21-2-233 shall be completed not later than 90 days prior to a general primary or general election for federal offices or a presidential preference primary. This subsection shall not apply to notices sent pursuant to subsection (b) of this Code section." SECTION 2. Said article is further amended by striking Code Section 21-2-235, relating to an inactive list of electors, and inserting in lieu thereof a new Code section to read as follows: "21-2-235. (a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote recorders needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records. (b) An elector placed on the inactive list of electors shall remain on such list until the day after the second November election held after the elector is placed on the inactive list of electors. If the elector dees et vete in any election held makes no contact, as defined in Code Section 21-2-234, during that period, the elector shall be removed from the inactive list of electors. (c) An elector whose name is on the inactive list of electors may vote: (1) If the elector has not changed residences, at the polling place of such elector's last address upon affirming in writing that such elector still resides at the address shown on such elector's registration records; (2) If the elector has moved to an address within the county in the same precinct, such elector may vote at the polling place of such elector's last address upon affirming in writing that such elector resides in the county by completing a change of address card affirming the new address within the county; or (3) If the elector has moved to an address within the county in a different precinct, such elector may vote at the polling place of such elector's last address, for that election and any runoffs resulting from such election only, upon affirming in writing that such elector still resides in the county and completing a change of address card affirming the new address within the county. (d) If an elector whose name appears on the inactive list of electors appears at the polls and votes as provided under subsection (c) of this Code section, the board of registrars shall transfer the elector's name back to the official list of electors and shall make any necessary corrections in the elector's registration records. (e) In addition to the official list of electors provided to each polling place, there shall also be provided an inactive list of electors." FRIDAY, MARCH 14, 1997 1547 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Dixon of the 150th moves to amend the Committee substitute to HB 889 as follows: On page 4, line 23, after the word "November" insert the word "General". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Alien Y Anderoon YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barries Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock YParham Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y SherrUl YShipp YSims Y Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre E Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 600. By Representatives Skipper of the 137th, Murphy of the 18th, Walker of the 141st, Parrish of the 144th and Childers of the 13th: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain for-profit businesses. 1548 JOURNAL OF THE HOUSE, The following Committee substitute was read and withdrawn: A BILL To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain forprofit businesses; to provide for definitions; to provide for duties and powers of the Attorney General; to require that certain members of the governing board and the chief executive officer of a nonprofit corporation that is a party to the transfers, and certain other members of the governing board and chief executive officers of nonprofit corporations, file certifications regarding the transaction; to provide for notices of the transaction and forms, fees, and publication relating thereto; to provide for public hearings regarding the transactions; to provide for testimony of and disclosures by experts and consultants; to provide for testimony by parties to the transaction; to provide for the purpose of the hearings and for disJosures and procedures relating thereto; to provide for enforcement of compliance and for fines and proceedings relating thereto; to prohibit the issuance or renewal of hospital permits and provide for their revocation and suspension; to provide for applicability; to provide that certain violative transactions are void; to provide that certain transfers of hospital assets owned or operated by a hospital authority, when transferred to a for-profit business, are subject to the same requirements as transfers of hospital assets of nonprofit corporations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospitals and other health care facilities, is amended by adding at the end thereof the following: "ARTICLE 15 31-7-400. As used in this article the term: (1) 'Acquisition' means any receipt by a business of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation, including but not limited to any purchase, lease, conveyance, exchange, joint venture, merger or other transfer of such hospital assets which meets one or more of the following conditions: (A) Constitutes a receipt of ownership or control of 50 percent or more of the assets of a hospital having a permit under this chapter; (B) Constitutes a receipt which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a receipt of 50 percent or more of the assets of a hospital having a permit under this chapter; or (C) Constitutes a transfer of control over a hospital having a permit under this title. (2) 'Attorney General' means the Attorney General of the State of Georgia or some other attorney employed in the Attorney General's office and designated to perform the functions required by this article. (3) 'Business' means an individual, business corporation, general partnership, limited liability company, limited liability partnership, joint venture, or any other for-profit entity. (4) 'Control' or 'controlling interest' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the operations or decisions of the entity in question. (5) 'Disposition' means any transfer of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation, to a business, including but not limited to any sale, lease, conveyance, exchange, joint venture, merger, or other transfer of hospital assets which meets one or more of the following conditions: FRIDAY, MARCH 14, 1997 1549 (A) Constitutes a transfer of ownership or control of 50 percent or more of the assets of a hospital having a permit under this chapter; (B) Constitutes a transfer which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a transfer of ownership or control of 50 percent or more of the assets of a hospital having a permit under this chapter; or (C) Constitutes a transfer of control over a hospital having a permit under this chapter. (6) 'Family' means spouse, child, or sibling. (7) 'Financial interest' means the direct or indirect ownership of any assets or stock of any business. (8) 'Hospital' means any institution classified and having a permit as a hospital from the department pursuant to this chapter and the department's rules and regulations. (9) 'Related party' means a business that owns or controls, is owned or controlled by, or operates under common ownership or control with a party in question. (10) 'Transaction' means an acquisition and disposition. 31-7-401. No business shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or operates, directly or indirectly, a hospital having a permit under this chapter shall engage in a disposition without first notifying the Attorney General pursuant to this article. The parties to the transaction shall provide the Attorney General with at least 90 days' notice of the proposed transaction prior to its consummation. 31-7-402. (a) Notice to the Attorney General required by this article shall include the name of the seller; the name of the purchaser and other parties to the acquisition; the county in which a majority of the hospital's assets is located; the terms of the proposed agreement and any related agreements including leases, management contracts, and service contracts; the acquisition price; a copy of the acquisition agreement and any related agreements including leases, management contracts, and service contracts; any valuations of the hospital's assets prepared in the three years immediately preceding the proposed transaction date; a financial and economic analysis and report from any expert or consultant retained by the seller which addresses each of the criteria set forth in Code Section 31-7-406; articles of incorporation and bylaws of the nonprofit corporation and related entities and foundations; all donative documents reflecting the purposes of prior gifts of more than $100,000.00 in value by donors to the nonprofit corporation or any related entities or foundations for or on behalf of the hospital; and all documents pertaining to the disposition of assets, including those documents which are included as schedules or exhibits to the acquisition agreement and any related agreements. (b) The Attorney General may prescribe a form of notice to be utilized by the seller and purchaser and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Code Section 50-18-70. (c) Notice to the Attorney General shall be accompanied by the payment by either the seller or the purchaser of a fee in the amount of $50,000.00. (d) The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. 31-7-403. (a) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a separate certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a 1550 JOURNAL OF THE HOUSE, membership, stock, or controlling interest therein, executed under oath, stating whether that director or officer of the nonprofit corporation is then or may become within the three-year period following the completion of the transaction a member or shareholder in, or officer, employee, agent, or consultant of, or will otherwise derive any compensation or benefits, directly or indirectly, from the acquiring party or any related party in connection with or as a result of the disposition. (b) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a membership, stock, or controlling interest therein, executed under oath: (1) Disclosing any financial interest held by that individual or that individual's family, or held by any business in which such individual or the individual's family owns a financial interest, in any business which: (A) Within the immediately preceding 12 month period sold products, property interests, or services to the nonprofit corporation engaged in the disposition; or (B) Within the immediately preceding 12 month period sold or within the threeyear period after the completion of the transaction may sell products, property interests, or services to the business engaged in the acquisition; and (2) Disclosing any contract pursuant to which a sale was made or may be made of those products, property interests, or services regarding financial interests which are disclosed pursuant to paragraph (1) of this subsection; (3) Stating that the nonprofit corporation has received fair market value for its assets; (4) Stating that the market value of the hospital's assets has not been manipulated to decrease their value; (5) Stating that the terms of the transaction are fair and reasonable to the nonprofit corporation; (6) Stating that the transaction is authorized by the nonprofit corporation's governing documents and is consistent with the intent of any major donors who have contributed over $100,000.00; (7) Stating that the proceeds of the transaction will be used solely in a manner consistent with the charitable purposes of the nonprofit corporation and will not be used, directly or indirectly, to benefit the acquiring entity; and (8) Stating that the transaction will not adversely affect the availability or accessibility of health care services in the county in which a majority of the hospital's assets is located. (c) The certification requirements of subsections (a) and (b) of this Code section shall not apply to any governing board members who vote to oppose the proposed disposition. 31-7-404. Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the hospital and a majority of its assets are located and shall notify in writing the governing authority of each such county. The published notice required by this Code section shall state that the Attorney General has received notice of a proposed transaction, the names of the parties to the proposed transaction, the date, time, and place of the public hearing regarding the transaction, and the means by which a person may submit written comments about the proposed transaction to the Attorney General. 31-7-405. (a) Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the majority of the assets of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons opposed to the transaction, and other interested persons to be heard. The Attorney FRIDAY, MARCH 14, 1997 1551 General shall also receive written comments regarding the transaction from any interested person, and such written comments shall be considered public records pursuant to Code Section 50-18-70. (b) Any expert or consultant retained by the nonprofit corporation to prepare the financial and economic analysis of the proposed transaction shall be required to appear and testify at the public hearing regarding his or her report if requested to do so by the Attorney General and may be questioned by the Attorney General. Such expert or consultant shall make the same disclosure required by members and officers under paragraphs (1) and (2) of subsection (b) of Code Section 31-7-403. The independent expert or consultant retained by the Attorney General to review the proposed transaction shall also appear and testify at the public hearing regarding his or her findings and analysis. (c) At least one member of the governing board of the seller shall be designated by the seller, and at least one representative of the purchaser shall be designated by the purchaser, which designees shall appear and testify under oath at the public hearing and shall be subject to questioning by the Attorney General. 31-7-406. The purpose of the public hearing shall be to ensure that the public's interest is protected when the assets of a nonprofit hospital are acquired by a for-profit entity by requiring full disclosure of the purpose and terms of the transaction and providing an opportunity for public input. The disposition of a nonprofit hospital to a for-profit entity shall not be in the public interest unless there has been adequate disclosure that appropriate steps have been taken to ensure that the transaction is authorized, to safeguard the value of charitable assets, and to ensure that any proceeds of the transaction are used for appropriate charitable health care purposes. Such disclosure shall address, at a minimum, the following factors: (1) Whether the disposition is permitted under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and other laws of Georgia governing nonprofit entities, trusts, or charities; (2) Whether the disposition is consistent with the directives of any and all donors; (3) Whether the governing body of the nonprofit corporation exercised due diligence in deciding to dispose of hospital assets, selecting the purchaser, and negotiating the terms and conditions of the disposition; (4) The procedures used by the nonprofit corporation in making its decision to dispose of its assets, including whether appropriate expert assistance was used; (5) Whether any conflict of interest was disclosed, including, but not limited to, conflicts of interest related to directors, or officers of the nonprofit corporation and experts retained by the parties to the transaction; (6) Whether the seller will receive fair value for its assets, including an appropriate control premium for any relinquishment of control; (7) Whether charitable assets are placed at unreasonable risk if the transaction is financed in part by the seller; (8) Whether the terms of any management or services contract negotiated in conjunction with the transaction are reasonable; (9) Whether the disposition proceeds will be used for appropriate charitable health care purposes consistent with the nonprofit corporation's original purpose or for the support and promotion of health care in the affected community and whether the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition and will not be used, directly or indirectly, to benefit the purchaser; (10) Whether a meaningful right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained if the purchaser subsequently proposes to sell or transfer the hospital to yet another entity; (11) Whether sufficient safeguards are included to assure the affected community continued access to affordable care and to the range of services historically provided by the nonprofit corporation; (12) Whether the acquiring entity has made an enforceable commitment to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care; and 1552 JOURNAL OF THE HOUSE, (13) Whether health care providers will be offered the opportunity to invest or own an interest in the acquiring entity or a related party, and whether procedures or safeguards are in place to avoid conflict of interest in patient referrals. 31-7-407. The Attorney General shall have the authority to ensure compliance with any and all notices, certifications, obligations, and commitments which are required to be made in connection with a transaction under this article and may institute proceedings to enforce such compliance in the superior court of the county in which assets of the hospital are located. This provision shall not preclude any other person with standing from instituting judicial proceedings regarding the proposed disposition. 31-4-407.1. The Attorney General shall issue a report of findings addressing the issues outlined in Code Section 31-7-406 within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there has been a failure by the entities involved in the transaction under review or any of them, to comply with disclosures required by this article or to respond to subpoenas or other process authorized by this article, and additional extensions may be ordered upon a continuation of a failure to so comply. 31-7-408. No permit to operate a hospital may be issued or renewed under this chapter or any other applicable statute or regulation and a permit which has been issued shall be subject to revocation or suspension if there is a disposition or acquisition of hospital assets as defined in this article without notice first having been provided to the Attorney General as required by this article. 31-7-409. Any transaction completed before the effective date of this article or which is subject to a pending enforceable definitive agreement as of the effective date of this article conditioned only upon receipt of regulatory approvals is not subject to the requirements of this article. 31-7-410. No provision of this article shall derogate from the common law or statutory authority of the Attorney General. 31-7-411. In connection with the Attorney General's responsibilities under this article and in connection with the public hearing required by this article, the Attorney General shall have the same power to investigate and issue subpoenas as the Attorney General has with respect to investigations authorized under Code Section 45-15-17. 31-7-412. Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each member of the governing bodies and the chief executive officers of the parties thereto shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the majority of the assets of the hospital's is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding at the end thereof the following: "31-7-89.1. (a) As used in this Code section, the term 'control' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the operations or decisions of the entity in question. FRIDAY, MARCH 14, 1997 1553 (b) The sale, lease, conveyance, transfer, or other disposition of assets of a hospital owned or operated by a hospital authority to an individual, business corporation, general partnership, limited liability company, limited liability partnership, joint venture, or any other for-profit entity shall be subject to the notice, hearing, certification, enforcement, and other requirements of Article 15 of Chapter 7 of Title 31 which are applicable to dispositions of nonprofit hospitals to for-profit entities, if the disposition of assets meets one or more of the following conditions: (1) Constitutes a transfer of ownership or control of 50 percent or more of the assets of a hospital having a permit under this chapter; (2) Constitutes a transfer of assets which, when combined with one or more transfers between the same or related parties occurring within a period of five years, constitutes a transfer of ownership or control of 50 percent or more of the assets of a hospital having a permit under this chapter; or (3) Constitutes a transfer of control or effective control over a hospital having a permit under this chapter." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Skipper of the 137th and Murphy of the 18th, was read: A BILL To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain for profit businesses or to certain unrelated not for profit entities or hospital authorities; to provide for definitions; to provide for duties and powers of the Attorney General; to require that certain members of the governing board and the chief executive officer of a nonprofit corporation that proposes to dispose of hospital assets, and certain other members of the governing board and chief executive officers of such nonprofit corporations, file certifications regarding the transaction; to provide for notices of the transaction and forms, fees, and publication relating thereto; to provide for public hearings regarding the transaction; to provide for testimony of and disclosures by experts and consultants; to provide for testimony by parties to the transaction; to provide for the purpose of the hearings and for disclosures and procedures relating thereto; to provide for enforcement of compliance and for fines and proceedings relating thereto; to prohibit the issuance or renewal of hospital permits and provide for their revocation and suspension; to provide for applicability; to provide that certain violative transactions are void; to provide that certain transfers of hospital assets owned or operated by a hospital authority, when transferred to certain for profit businesses or to certain unrelated not for profit entities, are subject to the same requirements as transfers of hospital assets of nonprofit corporations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1, Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospitals and other health care facilities, is amended by adding at the end thereof the following: "ARTICLE 15 31-7-400. As used in this article the term: 1554 JOURNAL OF THE HOUSE, (1) 'Acquisition' means a purchase or lease either by a business or by an unrelated not for profit entity of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation and which meets one or more of the following conditions: (A) Constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a purchase or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter. (2) 'Attorney General' means the Attorney General of the State of Georgia or some other attorney employed in the Attorney General's office and designated to perform the functions required by this article. (3) 'Business' means an individual, business corporation, general partnership, limited liability company, limited liability partnership, joint venture, or any other for profit entity the residence or principal place of business of which is located outside the county where the main campus of the hospital in question is located or which is owned, in whole or in part, by any other for profit entity the principal place of business of which is located outside such county. (4) 'Control' or 'controlling interest' means ownership of 50 percent or more of the assets of the entity in question. (5) 'Disposition' means a sale or lease of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation either to a business or to an unrelated not for profit entity which meets one or more of the following conditions: (A) Constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter. (6) 'Family' means a spouse, child, or sibling. (7) 'Financial interest' means the direct or indirect ownership of any assets or stock of any business. (8) 'Hospital' means any institution classified and having a permit as a hospital from the department pursuant to this chapter and the department's rules and regulations. (9) 'Related party' means a business that owns or controls, is owned or controlled by, or operates under common ownership or control with a party in question. (10) 'Transaction' means an acquisition and disposition. (11) 'Unrelated not for profit entity' means any nonprofit corporation or a hospital authority the principal place of business of which is located outside the county where the main campus of the hospital in question is located and which does not own or control, is not owned or controlled by, and does not operate under common ownership or control with the nonprofit corporation whose hospital is in question. 31-7-401. No business or unrelated not for profit entity shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or operates, directly or indirectly, a hospital having a permit under this chapter shall engage in a disposition without first notifying the Attorney General pursuant to this article. The parties to the transaction shall provide the Attorney General with at least 90 days' notice of the proposed transaction prior to its consummation. 31-7-402. (a) Notice to the Attorney General required by this article shall include the name of the seller or lessor; the name of the purchaser or lessee and other parties to the acquisition; the county in which the main campus of the hospital is located; the terms of the proposed agreement and any related agreements including leases, management contracts, and service contracts; the acquisition price; a copy of the acquisition agreement and any related agreements including leases, management contracts, and service contracts; any FRIDAY, MARCH 14, 1997 1555 valuations of the hospital's assets prepared in the three years immediately preceding the proposed transaction date; a financial and economic analysis and report from any expert or consultant retained by the seller or lessor which addresses each of the criteria set forth in Code Section 31-7-406; articles of incorporation and bylaws of the nonprofit corporation and related entities and foundations; all donative documents reflecting the purposes of prior gifts of more than $100,000.00 in value by donors to the nonprofit corporation or any related entities or foundations for or on behalf of the hospital; and all documents pertaining to the disposition of assets, including those documents which are included as schedules or exhibits to the acquisition agreement and any related agreements. (b) The Attorney General may prescribe a form of notice to be utilized by the seller and purchaser or lessor and lessee and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Code Section 50-18-70. (c) Notice to the Attorney General shall be accompanied by the payment by either the seller or the purchaser, or by either the lessor or the lessee, of a fee in the amount of $50,000.00. (d) The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. 31-7-403. (a) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a separate certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a membership, stock, or controlling interest therein, executed under oath, stating whether that director or officer of the nonprofit corporation is then or may become within the three-year period following the completion of the transaction a member or shareholder in, or officer, employee, agent, or consultant of, or will otherwise derive any compensation or benefits, directly or indirectly, from the acquiring party or any related party in connection with or as a result of the disposition. (b) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a membership, stock, or controlling interest therein, executed under oath: (1) Disclosing any financial interest held by that individual or that individual's family, or held by any business in which such individual or the individual's family owns a financial interest, in any business which: (A) Within the immediately preceding 12 month period sold products, property interests, or services to the nonprofit corporation engaged in the disposition; or (B) Within the immediately preceding 12 month period sold or within the threeyear period after the completion of the transaction may sell products, property interests, or services to the business engaged in the acquisition; and (2) Disclosing any contract pursuant to which a sale was made or may be made of those products, property interests, or services regarding financial interests which are disclosed pursuant to paragraph (1) of this subsection; (3) Stating that the nonprofit corporation has received fair market value for its assets or, in the case of a proposed disposition to an unrelated not for profit entity, stating that the nonprofit corporation has received an enforceable commitment of fair and reasonable community benefits for its assets; (4) Stating that the market value of the hospital's assets has not been manipulated to decrease their value; 1556 JOURNAL OF THE HOUSE, (5) Stating that the terms of the transaction are fair and reasonable to the nonprofit corporation; (6) Stating that the transaction is authorized by the nonprofit corporation's governing documents and is consistent with the intent of any major donors who have contributed over $100,000.00; (7) Stating that the proceeds of the transaction will be used solely in a manner consistent with the charitable purposes of the nonprofit corporation and will not be used, directly or indirectly, to benefit the acquiring entity; and (8) Stating that the transaction will not adversely affect the availability or accessibility of health care services in the county in which the main campus of the hospital is located. (c) The certification requirements of subsections (a) and (b) of this Code section shall not apply to any governing board members who vote to oppose the proposed disposition. 31-7-404. Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the main campus of the hospital is located and shall notify in writing the governing authority of such county. The published notice required by this Code section shall state that the Attorney General has received notice of a proposed transaction, the names of the parties to the proposed transaction, the date, time, and place of the public hearing regarding the transaction, and the means by which a person may submit written comments about the proposed transaction to the Attorney General. 31-7-405. (a) Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the main campus of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons opposed to the transaction, and other interested persons to be heard. The Attorney General shall also receive written comments regarding the transaction from any interested person, and such written comments shall be considered public records pursuant to Code Section 50-18-70. (b) Any expert or consultant retained by the nonprofit corporation to prepare the financial and economic analysis of the proposed transaction shall be required to appear and testify at the public hearing regarding his or her report if requested to do so by the Attorney General and may be questioned by the Attorney General. Such expert or consultant shall make the same disclosure required by members and officers under paragraphs (1) and (2) of subsection (b) of Code Section 31-7-403. The independent expert or consultant retained by the Attorney General to review the proposed transaction shall also appear and testify at the public hearing regarding his or her findings and analysis. (c) At least one member of the governing board of the seller or lessor shall be designated by the seller or lessor, and at least one representative of the purchaser or lessee shall be designated by the purchaser or lessee, which designees shall appear and testify under oath at the public hearing and shall be subject to questioning by the Attorney General. 31-7-406. The purpose of the public hearing shall be to ensure that the public's interest is protected when the assets of a nonprofit hospital are acquired by a business or by an unrelated not for profit entity by requiring full disclosure of the purpose and terms of the transaction and providing an opportunity for local public input. The disposition of a nonprofit hospital to a business or an unrelated not for profit entity shall not be in the public interest unless there has been adequate disclosure that appropriate steps have been taken to ensure that the transaction is authorized, to safeguard the value of charitable assets, and to ensure that any proceeds of the transaction are used for appropriate charitable health care purposes. Such disclosure shall address, at a minimum, the following factors: FRIDAY, MARCH 14, 1997 1557 (1) Whether the disposition is permitted under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and other laws of Georgia governing nonprofit entities, trusts, or charities; (2) Whether the disposition is consistent with the directives of major donors who have contributed over $100,000.00; (3) Whether the governing body of the nonprofit corporation exercised due diligence in deciding to dispose of hospital assets, selecting the purchaser or lessee, and negotiating the terms and conditions of the disposition; (4) The procedures used by the nonprofit corporation in making its decision to dispose of its assets, including whether appropriate expert assistance was used; (5) Whether any conflict of interest was disclosed, including, but not limited to, conflicts of interest related to directors or officers of the nonprofit corporation and experts retained by the parties to the transaction; (6) Whether the seller or lessor will receive fair value for its assets, including an appropriate control premium for any relinquishment of control or, in the case of a proposed disposition to an unrelated not for profit entity, will receive an enforceable commitment for fair and reasonable community benefits for its assets; (7) Whether charitable assets are placed at unreasonable risk if the transaction is financed in part by the seller or lessor; (8) Whether the terms of any management or services contract negotiated in conjunction with the transaction are reasonable; (9) Whether any disposition proceeds will be used for appropriate charitable health care purposes consistent with the nonprofit corporation's original purpose or for the support and promotion of health care in the affected community and whether the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition and will not be used, directly or indirectly, to benefit the purchaser; (10) Whether a meaningful right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained if the purchaser or lessee subsequently proposes to sell or transfer the hospital to yet another entity; (11) Whether sufficient safeguards are included to assure the affected community continued access to affordable care and to the range of services historically provided by the nonprofit corporation; (12) Whether the acquiring entity has made an enforceable commitment to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care; and (13) Whether health care providers will be offered the opportunity to invest or own an interest in the acquiring entity or a related party, and whether procedures or safeguards are in place to avoid conflict of interest in patient referrals. 31-7-407. The Attorney General shall have the authority to ensure compliance with any and all notices, certifications, obligations, and commitments which are required to be made in connection with a transaction under this article and may institute proceedings to enforce such compliance in the superior court of the county in which the main campus of the hospital is located. This provision shall not preclude any other person with standing from instituting judicial proceedings regarding the proposed disposition. 31-4-407.1. The Attorney General shall issue a report of findings addressing the issues outlined in Code Section 31-7-406 within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there has been a failure by the entities involved in the transaction under review or any of them, to comply with disclosures required by this article or to respond to subpoenas or other process authorized by this article, and additional extensions may be ordered upon a continuation of a failure to so comply. 31-7-408. 1558 JOURNAL OF THE HOUSE, No permit to operate a hospital may be issued or renewed under this chapter or any other applicable statute or regulation and a permit which has been issued shall be subject to revocation or suspension if there is a disposition or acquisition of hospital assets as defined in this article without notice first having been provided to the Attorney General as required by this article. 31-7-409. Any transaction completed before the effective date of this article or which is subject to a pending enforceable definitive agreement as of the effective date of this article conditioned only upon receipt of regulatory approvals is not subject to the requirements of this article. 31-7-410. No provision of this article shall derogate from the common law or statutory authority of the Attorney General. 31-7-411. In connection with the Attorney General's responsibilities under this article and in connection with the public hearing required by this article, the Attorney General shall have the same power to investigate and issue subpoenas as the Attorney General has with respect to investigations authorized under Code Section 45-15-17. 31-7-412. Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each member of the governing bodies and the chief executive officers of the parties thereto shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding at the end thereof the following: "31-7-89.1. (a) As used in this Code section, the term 'control' means ownership of 50 percent or more of the assets of the entity in question. (b) The sale or lease of assets of a hospital owned or operated by a hospital authority to: (1) An individual, business corporation, general partnership, limited liability company, limited liability partnership, joint venture, or any other for profit entity the residence or principal place of business of which is located outside the county where the main campus of the hospital in question is located or which is owned, in whole or in part, or controlled by any other for profit entity the principal place of business of which is located outside such county; or (2) An unrelated not for profit entity the principal place of business of which is located outside the county where the main campus of the hospital in question is located and which in not owned or controlled by the hospital authority shall be subject to the notice, hearing, certification, enforcement, and other requirements of Article 15 of Chapter 7 of Title 31 which are applicable to dispositions of nonprofit hospitals to for profit businesses and unrelated not for profit entities if the disposition of assets constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter or constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a period of five years, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter." SECTION 3. This Act shall become effective on July 1, 1997. FRIDAY, MARCH 14, 1997 1559 SECTION 4. 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 Floor substitute to HB 600 as follows: On page 3, on line 13, after the word "spouse" insert "as legally recognized in a marriage as defined in Code Sections 19-3-1 through 19-3-5". 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 Y Barnard NBarnes N Bates N Benefield N Birdsong YBohannon N Bordeaux N Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner YBunn Y Burkhalter NByrd Y CampbeU N Canty N Carter YCash Y Channel! Y ChUders Y Clark YCoan Y Coleman, B N Coleman, T Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs N Dukes YEhrhart Epps Y Evans Y Everett Y Felton NFloyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Heard Hecht N Heckstall N Hegstrom N Henson Y Holland E Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson N James N Jamieson Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly NLane Lee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton McKinney Y Mills Mobley N Mosley Y Mueller N O'Neal N Orrock YParham N Parrish Y Parsons N Pelote Y Perry Y Pinholster YPoag NPolak N Ponder Y Porter N Powell Purcell NRagas NRandall YRay Reaves N Reichert YRice Y Richardson Roberts N Rogers N Royal Y Sanders Sauder Y Scarlett Y Scheid Y Scott N Shanahan Shaw N Sherrill N Shipp NSims Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 74, nays 84. The amendment was lost. Y Smith, C.W N Smith, L N Smith, L.R Y Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor Teague N Teper Thomas NTillman N Titus N Tolbert NTrense Turnquest NTwiggs N Walker, L Y Walker, R.L N West Y Westmorland N Whitaker Y Wiles Williams, B Y Williams, J Williams, R Y Worthan Y Yates N Murphy, Spkr The following amendment was read: Representatives Irvin of the 45th, Childers of the 13th, Henson of the 65th and Brown of the 130th move to amend the Floor substitute to HB 600 as follows: Add after "corporation," on line 28, page 2 the following: "hospital authority," And add after "profit" on line 30, page 2 the following: 1560 JOURNAL OF THE HOUSE, "or not for profit". And by striking all of line 30, page 2, after "entity" And by striking all of lines 31-35, page 2. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Alien N Andereon YAshe N Bailey N Baker Y Bannister NBaifoot Y Barnard NBarnes Y Bates N Benefield N Birdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty N Carter YCash N Channel! Y Childers Y Clark YCoan Y Coleman, B N Coleman, T Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs Y Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Banner N Harbin N Heard N Hecht N Heckstall Y Hegstrom Y Henson N Holland E Holmes N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Y Jamieson N Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey N McBee NMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal Y Orrock NParham N Parrish Y Parsons N Pelote Y Perry Y Pinholster NPoag YPolak N Ponder Y Porter N Powell N Purcell NRagas NRandall NKay Reaves N Reichert YRice Y Richardson Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan Shaw N Sherrill NShipp NSims Sinkfield N Skipper N Smith, C On the adoption of the amendment, the ayes were 75, nays 94. The amendment was lost. Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Taylor NTeague NTeper Thomas NTillman Y Titus N Tolbert Y Trense Turnquest NTwiggs N Walker, L Y Walker, R.L N West N Westmoreland N Whitaker Y Wiles Williams, B Y Williams, J Williams, R Y Worthan N Yates N Murphy, Spkr The Floor substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Alien Y Anderson YAshe Y Bailey Y Baker Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carter YCash Y Channel! Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford N Crews Y Culbreth Y Cuminings Y Davis, G N Davis, M E Day Y DeLoach, B N DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Dukes NEhrhart YEpps N Evans N Everett Y Felton FRIDAY, MARCH 14, 1997 1561 Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y HeckstaU Y Hegstrom YHenaon Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce NKaye NLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L N Massey McBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster NPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert NRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill Y Shipp YSims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre N Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWest Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates Y Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 153, nays 17. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Everett of the 163rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 403. By Representatives Coleman of the 80th, Rice of the 79th, Johnston of the 81st and Crews of the 78th: A bill to amend an Act creating a new charter for the City of Norcross, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of government. The following Senate substitute was read: A BILL To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of government; to repeal certain provisions relating to the city manager and acting city manager; to repeal certain provisions relating to council interference with administration; to change certain provisions regarding the mayor and mayor pro tempore; to change certain provisions regarding administrative and service departments; to change certain provisions regarding position classification and pay plans; to change certain provisions regarding collection of delinquent taxes and fees; to change certain provisions relating to operating budgets; to change certain provisions relating to capital improvements 1562 JOURNAL OF THE HOUSE, budgets; to change certain provisions relating to sale of city property; to provide for related matters; to provide for a special election and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, is amended by striking paragraph (1) of subsection (c) of Section 1.13, which reads as follows: "(1) 'Appointed officer' where used herein shall mean all administrative officers, including the city clerk, city treasurer, city attorney, city accountant, city engineer and city manager. Such term shall not include members of boards, commissions, or authorities.", and inserting in its place a new paragraph (1) to read as follows: "(1) 'Appointed officer' where used in this charter shall mean all administrative officers, including the city clerk, city treasurer, city attorney, city accountant, and city engineer. It shall not include members of boards, commissions, or authorities." SECTION 2. Said Act is further amended by striking Section 2.20, which reads as follows: "SECTION 2.20. Rules of procedure. Unless otherwise provided by ordinance, rules of procedure for meetings of the city council shall follow Robert's Rules of Order. The city council shall provide for keeping a journal of its proceedings which shall be a public record." and inserting in its place a new Section 2.20 to read as follows: "SECTION 2.20. Rules of procedure. (a) Unless otherwise provided by ordinance, rules of procedure for meetings of the city council shall follow Robert's Rules of Order. The city council shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons of the city council shall be appointed by the mayor and confirmed by the city council and shall serve at the pleasure of the mayor and city council. Following the procedures described in this charter, the mayor and city council shall have the power to appoint a new member to any committee at any time." SECTION 3. Said Act is further amended by striking Sections 2.27 through 2.33 which read as follows: "SECTION 2.27. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix his compensation. The city manager shall be appointed solely on the basis of his executive and administrative qualifications. "SECTION 2.28. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or his disability shall cease. SECTION 2.29. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: FRIDAY, MARCH 14, 1997 1563 (1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He shall attend all city council meetings and shall have the right to take part in discussions, but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the city council subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed; (5) He shall prepare and submit the annual operating budget and capital budget to the city council; (6) He shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he deems desirable; and (9) He shall perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.30. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager and neither the city council nor its members shall give orders to any such officer or employee either publicly or privately. SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign, as a matter of course on behalf of the city, all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Except as otherwise specifically provided herein, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; (6) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember; and (7) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish. SECTION 2.33. Mayor pro tem. During the absence or disability of the mayor for any cause, the mayor pro tem or, in his absence or disability for any reason, any one of the councilmembers chosen by a 1564 JOURNAL OF THE HOUSE, majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers." and inserting in their place new Sections 2.27 through 2.29 to read as follows: "SECTION 2.27. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore or, in in such mayor pro tempore's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. SECTION 2.28. Powers and duties of mayor. The mayor shall be the chief executive official of the city and chief advocate of policy. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Except as otherwise specifically provided in this charter, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; (6) In conjunction with department heads, prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember; and (8) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish. SECTION 2.29. Selection of mayor pro tempore. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall serve at the pleasure of the city council, shall continue to vote, and shall otherwise participate as a councilmember." SECTION 4. Said Act is further amended by striking Section 3.10 which reads as follows: "SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor may recommend, and the city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of the city. The mayor shall recommend, and the city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by FRIDAY, MARCH 14, 1997 1565 ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. There shall be a department head of each department who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his department. (c) Except as otherwise provided by this charter, appointed officers of the city shall serve at the pleasure of the city council. Vacancies occurring in an appointed office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and department heads shall receive such compensation as prescribed by ordinance of the city council. (f) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may suspend or remove department heads under his supervision, but such shall not be effective for 30 calendar days following the city manager giving written notice of such action and the reasons therefor to the department head involved and to the city council. The department head involved may appeal to the city council which, after a hearing, may override the city manager's action by a vote of three councilmembers.", and inserting in its place a new Section 3.10 to read as follows: "SECTION 3.10. Administrative and service departments. (a) The mayor and city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city. The mayor shall recommend and the city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies created or established by this charter; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. There shall be a department head of each department who shall be its principal officer. Each department head shall, subject to the direction and supervision of the mayor and city council, be responsible for the administration and direction of the affairs and operations of his or her department. (c) Except as otherwise provided by this charter, the department heads and other appointed officers of the city shall serve at the pleasure of the mayor and city council. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and department heads shall receive such compensation as prescribed by ordinance of the city council." SECTION 5. Said Act is further amended by striking Section 3.17 which reads as follows: "SECTION 3.17. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. 1566 JOURNAL OF THE HOUSE, When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employees, except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city employees. However, nothing contained herein shall prevent the city clerk from holding an employed position with the city.", and inserting in its place a new Section 3.17 to read as follows: "SECTION 3.17. Position classification and pay plans. The mayor and city council shall be responsible for the preparation of a position classification and pay plan. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employees except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city employees. However, nothing contained in this section shall prevent the city clerk from holding an employed position with the city." SECTION 6. Said Act is further amended by striking Section 6.19 which reads as follows: "SECTION 6.19. Collection of delinquent taxes and fees. The city council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenues due the city under Sections 6.10 through 6.18 of this charter by fieri facias issued by the General Government Administration department and executed by the city manager or his or her designee under the same procedure provided by the law governing execution of such process from the superior court or by the use of any other available legal processes and remedies. The city council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. A lien shall exist against all property upon which the city property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In case of hardship, the city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city.", and inserting in its place a new Section 6.19 to read as follows: "SECTION 6.19. Collection of delinquent taxes and fees. The city council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenues due the city under Sections 6.10 through 6.18 of this charter by fieri facias issued by the General Government Administration department and executed by any police officer of the city or the city marshal under the same procedure provided by the law governing execution of such process from superior court or by the use of any other available legal processes and remedies. The city council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. A lien shall exist against all property upon which the city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city." SECTION 7. Said Act is further amended by striking Section 6.26 which reads as follows: "SECTION 6.26. Submission of the operating budget to the city council. On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall prepare and submit to the city FRIDAY, MARCH 14, 1997 1567 council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.", and inserting in its place a new Section 6.26 to read as follows: "SECTION 6.26. Submission of the operating budget to the city council. On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor in conjunction with all department heads of the city shall prepare and submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget, the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the General Government Administration Department and shall be open to public inspection." SECTION 8. Said Act is further amended by striking Section 6.27 which reads as follows: "SECTION 6.27. Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing year not later than the last day of the old year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable, unless authorized by the city council. (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness.", and inserting in its place a new Section 6.27 to read as follows: "SECTION 6.27. Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law 1568 JOURNAL OF THE HOUSE, or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing year not later than the last day of the old year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotments thereof, to which it is chargeable, unless authorized by the city council. (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness." SECTION 9. Said Act is further amended by striking Section 6.29 which reads as follows: "SECTION 6.29. Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall prepare and submit to the city council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor or any member of the city council may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.", and inserting in its place a new Section 6.29 to read as follows: "SECTION 6.29. Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor in conjunction with all the department heads of the city shall prepare and submit to the city council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. FRIDAY, MARCH 14, 1997 1569 (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or any member of the city council may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance." SECTION 10. Said Act is further amended by striking Section 6.33 which reads as follows: "SECTION 6.33. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.", and inserting in its place the following: "SECTION 6.33. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separate parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made." SECTION 11. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Norcross 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 Norcross for approval or rejection. The election superintendent shall conduct that election on a date permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding 1570 JOURNAL OF THE HOUSE, the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which changes the City of Norcross from a city manager-council form of government to a mayor-council form of gov- ( ) NO eminent?" 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, Sections 1 through 10 shall become of full force and effect immediately. If the Act is not so approved, the remaining sections of this Act shall not become effective. The expense of such election shall be borne by the City of Norcross. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 12. Except for Sections 1 through 10 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1 through 10 of this Act shall only become effective as provided in Section 11 of this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Representative Coleman of the 80th moved that the House agree to the Senate substitute to HB 403. On the motion, the ayes were 110, nays 0. The motion prevailed. Representative Walker of the 141st moved that the House amend Rule 33 temporarily in order that all points of personal privilege be delayed until the end of the legislative day from now until the end of the session. 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 Barnard YBarnes Y Bates Y Beneiield YBirdsong N Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childere N Clark NCoan N Coleman, B Y Coleman, T Y Connell N Cooper Y Crawford N Crews Y Culbreth Cummings Y Davis, G N Davis, M EDay N DeLoach, B N DeLoach, G DU Y DUon, H Y DUon, S YDobbs Y Dukes Ehrhart YEpps N Evans N Everett Felton Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley N Hammontree Y Banner Y Harbin Y Heard Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal Y Orrock YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster NPoag Y Polak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert NRice N Richardson Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Shaw Y Sherrill YShipp Y Sims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow YStallings Y Stancil, F FRIDAY, MARCH 14, 1997 1571 N StancU, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Tillman N Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y West N Westmorland Y Whitaker N Wiles Williams, B N Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr On the motion, the ayes were 118, nays 48. The motion was lost. Representative McKinney of the 51st moved that the House reconsider its action in failing to amend Rule 33. 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 Barnard Y Barnes Y Bates Y Benefield YBirdsong N Bohannon Y Bordeaux Y Bradford N Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channel! Y Childere N Clark NCoan N Coleman, B Y Coleman, T Connell N Cooper Y Crawford N Crews Y Culbreth Y Cununings Davis, G N Davis, M EDay N DeLoach, B N DeLoach, G Dix Y Dixon, H Y Dixon, S YDobbs Y Dukes Ehrhart YEpps N Evans N Everett Felton Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley N Hammontree YHanner Y Harbin Y Heard Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Mosley N Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert Rice N Richardson Roberts Y Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid N Scott YShanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Snow YStallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Tilling^ N Titus Y Tolbert Y Treme Y Turnquest YTwiggs Y Walker, L N Walker, R.L YWest N Westmorland Y Whitaker N Wiles Williams, B N Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr On the motion, the ayes were 113, nays 47. The motion prevailed. Representative Walker of the 141st moved that the House amend Rule 33 temporarily in order that all points of personal privilege be delayed until the end of the legislative day from now until the end of the session. 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 Barnard Y Barnes Y Bates Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter YCash Y Channell Y Childers N Clark NCoan N Coleman, B Y Coleman, T Y Connell N Cooper Y Crawford N Crews Y Culbreth Y Cummings 1572 JOURNAL OF THE HOUSE, Davis, G N Davis, M EDay N DeLoach, B N DeLoach, G DU Y Duon, H Y Diion, S YDobbs Y Dukes Ehrhart YEppg N Evans N Everett Y Felton Y Floyd N Franklin Y Golden Y Graves YGreene N Grindley N Hammontree YHanner Y Harbin Y Heard Hecht YHeckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson Y Jenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Mosley N Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YRay On the motion, the ayes were 118, nays 47. The motion was lost. Reaves Y Reichert NRice N Richardson Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague Y Teper Y Thomas Tillman N Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L YWest N Westmoreland Y Whitaker N Wiles Williams, B N Williams, J Y Williams, R N Worthan NYates Murphy, Spkr By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on State Institutions and Property: SB 274. By Senators Henson of the 55th, Burton of the 5th, Stokes of the 43rd and others: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to limit the terms of certain contracts for lease, use, or operation of the project. Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time: HR 21. By Representative Pinholster of the 15th: A resolution compensating Mr. Andrew Steven Jenkins. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 21 by striking from lines 17 and 23 of page 1 the following: "$688.08", and inserting in lieu thereof in both such places the following: "$250.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. FRIDAY, MARCH 14, 1997 1573 HR 22. By Representative Pinholster of the 15th: A resolution compensating Ms. Darla J. Alfredson. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 22 by striking from lines 14 and 20 of page 1 the following: "$740.67", and inserting in lieu thereof in both such places the following: "$250.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 43. By Representative Walker of the 87th: A resolution compensating Ms. Joan Smith. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 43 by striking from lines 14 and 20 of page 1 the following: "$1,350.32", and inserting in lieu thereof in both such places the following: "$500.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 113. By Representative Sauder of the 29th: A resolution compensating Ms. Wendy L. Roslund. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 113 by striking from lines 11 and 17 of page 1 the following: "$1,655.91", 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 145. By Representative Cash of the 108th: A resolution compensating Mr. Chad B. Kee. 1574 JOURNAL OF THE HOUSE, The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 145 by striking from lines 23 and 29 of page 1 the following: "$2,984.67", and inserting in lieu thereof in both such places the following: "$50.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 168. By Representative Crews of the 78th: A resolution compensating Mr. Daniel W. Vining. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 168 by striking from lines 9 and 15 of page 1 the following: "$2,393.28", and inserting in lieu thereof in both such places the following: "$500.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 176. By Representative Howard of the 118th: A resolution compensating Ms. Nadine LaVerne Carter. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 176 by striking from lines 23 and 29 of page 1 the following: "$766.33", and inserting in lieu thereof in both such places the following: "$100.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 246. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. William E. Lee. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 246 by striking from lines 23 and 29 of page 1 the following: FRIDAY, MARCH 14, 1997 1575 "$1,631.44", and inserting in lieu thereof in both such places the following: "$100.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 247. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. Thomas H. Spelts, Jr. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 247 by striking from lines 22 and 28 of page 1 the following: "$553.46", and inserting in lieu thereof in both such places the following: "$400.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 248. By Representative Perry of the llth: A resolution compensating Mr. George Calhoun. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 248 by striking from lines 20 and 26 of page 1 the following: "$715.04", and inserting in lieu thereof in both such places the following: "$100.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 313. By Representative Greene of the 158th: A resolution compensating Mr. Alfonzo Price. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 313 by striking from lines 16 and 22 of page 1 the following: "$1,221.22", and inserting in lieu thereof in both such places the following: 1576 JOURNAL OF THE HOUSE, "$200.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Y Alien Y Andergon Y Ashe Y Bailey Y Baker Y Bannister YBarfoot Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carter YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay DeLoach, B Y DeLoach, G DU Diion, H Y DUon, S YDobbs Y Dukes Ehrhart YEpps Y Evans Y Everett Y Felton Y Ployd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye Ladd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McCUnton McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal YOrrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Powell Y Purcell YRagas YRandall YRay Reaves Y Reichert YRice Y Richardson Roberts Y Rogers N Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan Shaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Williama, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr On the adoption of the Resolutions, the ayes were 155, nays 1. The Resolutions, having received the requisite constitutional majority, were adopted. By unanimous consent, the following Resolutions of the House were recommitted to the Committee on Appropriations: HR 144. By Representative Royal of the 164th: A resolution compensating Mr. Donnie Henry. HR 161. By Representative Dixon of the 168th: A resolution compensating Ms. Deborah Ann Joyce Brinson. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: FRIDAY, MARCH 14, 1997 1577 HB 673. By Representative Twiggs of the 8th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to change the provisions relating to the training of law enforcement officers in the investigation of family violence incidents. The following Committee substitute was read and adopted: A BILL To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to change the provisions relating to the training of law enforcement officers in the investigation of family violence incidents; to change the composition of the Georgia Peace Officer Standards and Training Council; to provide that the Georgia Public Safety Training Center shall have certain powers and duties in connection with the training of peace officers and law enforcement support personnel; to provide for certain powers and duties of the Board of Public safety; to provide for the transfer of certain powers and duties from the Georgia Peace Officer Standards and Training Council to the Georgia Public Safety Training Center; to change the provisions relating to the powers and duties of the Georgia Peace Officer Standards and Training Council; to repeal certain provisions relating to the training of instructors; to repeal certain provisions relating to reimbursement for certain costs incurred in training; to change the provisions relating to training requirements for police chiefs, department heads, and wardens; to repeal certain provisions relating to the expenditure of funds for the cost of training of police chiefs, department heads, and wardens; to change the provisions relating to the training of police chiefs and department heads appointed after a certain date; to repeal certain provisions relating to the expenditure of funds for the cost of training of police chiefs and department heads after a certain date; to change certain provisions relating to the basic training course for communications officers and certification requirements; to change certain additional powers and duties of the Georgia Peace Officer Standards and Training Council with respect to the training of communications officers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended by striking Code Section 35-1-10, relating to training of law enforcement officers in the investigation of family violence incidents, and inserting in lieu thereof a new Code Section 35-1-10 to read as follows: "35-1-10. The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in methods for identifying, combating, and reporting family violence incidents for use by law enforcement training centers monitored ad funded by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight." SECTION 2. Said title is further amended by adding at the end of Code Section 35-5-5, relating to the availability of the Georgia Public Safety Training Center for use by state and local law enforcement officers, a new subsection (d) to read as follows: "(d) Subject to such rules and regulations as shall be prescribed by the board, the Georgia Public Safety Training Center shall have the following powers and duties in connection with the training of peace officers and law enforcement support personnel: (1) To train instructors authorized to conduct training of peace officers and law enforcement support personnel; 1578 JOURNAL OF THE HOUSE, (2) To reimburse or provide for certain costs incurred in training peace officers and law enforcement support personnel employed or appointed by each agency, organ, or department of this state, counties, and municipalities to the extent that funds are appropriated for such purpose by the General Assembly. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for in this paragraph, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. As used in this paragraph, the terms 'cost' and 'costs' shall not include travel or salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition, meals, and lodging which are incurred in connection with such training; (3) To expend funds appropriated or otherwise available to the center for paying the costs of training provided under subsection (a) of Code Section 35-8-20, other than travel expenses and salaries of police chiefs or department heads of law enforcement units and wardens of state institutions undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20; (4) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under subsection (a) of Code Section 35-8-20.1, other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20.1; and (5) To administer and coordinate the training for communications officers with respect to the requirements of Code Section 35-8-23. The board shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training consistent with the provisions of said Code Section 35-8-23. The costs of the training of communications officers shall be paid from funds appropriated to the center." SECTION 3. Said title is further amended by striking Code Section 35-8-3, relating to the establishment and membership of the Georgia Peace Officer Standards and Training Council, and inserting in lieu thereof a new Code Section 35-8-3 to read as follows: "35-8-3. (a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 18 19 voting members and five advisory members. (b) The voting members shall consist of: (1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs' Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the chairman chairperson of the State Board of Pardons and Paroles or his or her designee, and the president of the Georgia Prison Wardens Association or his or her designee, who shall be ex officio members of the council; (2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Vacancies shall be filled in the same FRIDAY, MARCH 14, 1997 1579 manner as the original appointment and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and (3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges. (d) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (e) The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3," SECTION 4. Said title is further amended by striking Code Section 35-8-7, relating to the powers and duties of the Georgia Peace Officer Standards and Training Council, and inserting in lieu thereof a new Code Section 35-8-7 to read as follows: "35-8-7. The council is vested with the following powers and duties: (1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the council as will best assist it to carry out its duties and responsibilities; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (4) To establish criteria to be used in certifying schools authorized to conduct training required by this chapter; (5) To certify schools as authorized to conduct training required by this chapter; (6) To prescribe minimum qualifications for directors of schools certified to conduct training required by this chapter; (7) To certify such school directors; (8) To establish minimum qualifications for instructors at schools certified to conduct training required by this chapter; (9) To train instructors tmd te certify instructors authorized to conduct training required by this chapter; (10) To reevaluate certified schools annually to determine if such schools shall continue to be certified; (11) To withdraw or suspend certification of schools, school directors, and instructors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification; (12) To determine whether a candidate has met the requirements of this chapter and is qualified to be employed as a peace officer and to issue a certificate to those so qualified; (13) To certify to designated law enforcement units a candidate's successful completion of the course; (14) To refuse to grant a certificate to or to discipline a certified peace officer or an exempt peace officer under this chapter or any antecedent law; (15) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor; (16) To establish and recommend curricula for such advanced, in-service, and specialized training courses as the council shall deem advisable and to recognize the completion of such courses by the issuance of certificates; (17) To provide technical assistance as requested by law enforcement units; (18) To provide for and administer the registration of all exempt peace officers; 1580 JOURNAL OF THE HOUSE, (19) To research, plan, and establish policy relative to peace officer training and to develop and coordinate the delivery of peace officer training programs through such agencies and institutions as the council may deem appropriate; \\j) -rO PC1D3 DUFSO Of pfOVtQC tOf CCPtfllW COS19 IWCUPPCCl tft tPflllllll^ pGflCC OfflCCFS ft11(1 iftw cniofccillcut- support pcFSOIIIICT employsu. or Appointed oy c0.0*1 OT tills stfltej coun11e9> uid niuiiicipfliitics to tri extent tttftt luncts appropriated f&t sweh purpose by the General Assembly, fe the event sufficient ftmds Ott tilG DQ919 Or tfte lUHCi.9 flCtUflily QppFOpP10.tCQ '1 fie tCFIDS' CO8t tHu ^OStS SS1 Used1 in this paragraph shall net include travel or salaries ef personnel undergoing training incurred in connection with such training Reserved; (21) To develop, adopt, and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the council may determine; (22) To provide and administer the certification of persons qualified to operate radar speed detection devices and to withdraw or suspend such certificates as provided for in this chapter; (23) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and (24) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it." SECTION 5. Said title is further amended by striking Code Section 35-8-20, relating to training requirements for police chiefs, department heads, and wardens, and inserting in lieu thereof a new Code Section 35-8-20 to read as follows: "35-8-20. (a) During calendar year 1985 and during each calendar year thereafter, the chief of police or department head of each law enforcement unit and wardens of state institutions shall complete 20 hours of training as provided in this Code section. (b) The training required by subsection (a) of this Code section shall be completed in sessions as selected and provided or approved by the Georgia Association of Chiefs of Police and or the Georgia Prison Wardens Association and which have been recognized by the Georgia Peace Officer Standards and Training Council. (c) The council is authorized te expend funds appropriated er otherwise available te it chiefs er department heads ef- law enforcement units and- wordcna ef- state institutions undergoing training ad shall expend such funds tor purposes ef compensating a trainig effieer te administer the emuse ef training and conduct any business associated with the provisions ef this Code section. {d}(c) The salary and travel expenses of a chief of police or department head of a law enforcement unit or a warden of a state institution taking the required training shall be paid by the law enforcement unit by which he or she is employed. {e)(d) Any chief of police or department head of a law enforcement unit or a warden of a state institution who does not fulfill the training requirement of this Code section shall lose his or her power of arrest. {f-Ke) A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a chief of police or department head of a law enforcement unit or a warden of a state institution that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council." FRIDAY, MARCH 14, 1997 1581 SECTION 6. Said title is further amended by striking subsection (c) of Code Section 35-8-20.1, relating to training for police chiefs and department heads appointed after December 31, 1992, which reads as follows: "(c) The council is authorized to expend funds appropriated or otherwise available to it for paying the costs of such training other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the provisions of this Code section.", and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Reserved." SECTION 7. Said title is further amended by striking subsection (c) of Code Section 35-8-23, relating to the basic training course for communications officers and certification requirements, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The council shall administer and coordinate the training for communications effieera and conduct administrative compliance reviews with respect to the requirements of this Code section. The council shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training, standards, certification, and compliance reviews consistent with the provisions of this Code section; ?%e coats ef- the training shall be paid from funds appropriated te the council." SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, 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 Y Bailey Y Baker Y Bannister Baifoot Y Barnard Y Barnes Y Bates YBenefield YBirdsong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner Bunn Burkhalter YByrd Y Campbell Y Canty Y Carter Y Cash Y Channel] Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Da , G Y Davis, M E Day DeLoach, B Y DeLoach, G Y Dii Y Diion, H Y Dixon, S YDobbs Dukes Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Jones Y Joyce Y Kaye Y Ladd Lakly Y Lane Y Lee Y Lewis Lord Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McCUnton Y McKinney Y Mills Y Mobley Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Pelote Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Randall Y Ray Reaves Y Reichert Y Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Scarlett Y Scheid Y Scott Y Shanahan Shaw Y SherriU Y Shipp Y Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W 1582 Y Smith, L Y Smith L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling JOURNAL OF THE HOUSE, Y Snow Y Stafflngs YStancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y West Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, 3 Y Williams, R Y Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 374. By Representative Powell of the 23rd: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to change the provisions relating to registration requirements for firms of public accountants or certified public accountants. The following Committee substitute was read: A BILL To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to change the provisions relating to registration requirements for firms of public accountants or certified public accountants; to provide that neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide that an applicant for registration shall be allowed to appear before the State Board of Accountancy if he or she requests; to change the provisions relating to renewal of registration; to require satisfactory completion of a board approved peer review program within the 36 months preceding the date of a firm's registration expiration; to provide that such requirement may be waived or modified under certain conditions; to require certain information to be reported when an accounting firm has not issued the required audit, review, or compilation report; to repeal certain provisions relating to renewal of registration; to repeal certain provisions relating to rules and regulations for reviewing applications for renewal of registration and exemptions from renewal of registration; to change the provisions relating to the issuance of permits to practice accountancy; to change the provisions relating to the suspension or refusal to renew a certificate, registration, or permit; to provide under certain circumstances for immunity from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant relative to alleged violations of law; to provide under certain circumstances for immunity from civil and criminal liability for testimony or recommendations to the State Board of Accountancy in the nature of peer review; to change the provisions relating to the revocation, suspension, or refusal to renew a firm registration or permit; to change certain provisions relating to the use of titles or devices and false or fraudulent claims; to change the provisions relating to confidentiality of communications to accountants and disclosure of information; to authorize the disclosure by a certified public accountant, public accountant, or an employee thereof, of certain data in connection with ethics reviews; to provide that certain proceedings of and data obtained by a peer review committee or the State Board of Accountancy shall be immune from discovery or use as evidence in certain civil actions; to provide for certain immunity with respect to persons in attendance at such peer review committee or board proceedings; to provide exceptions with respect to immunity granted in connection with such proceedings and data obtained therefrom; to change certain designations and references; to provide for effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 14, 1997 1583 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," is amended by adding at the end of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, new subsections (c), (d), and (e) to read as follows: "(c) Each firm which practices public accountancy in this state shall be registered biennially under this chapter with the board, provided that any firm which opens between biennial reporting periods shall register with the board within 60 days after it opens. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration and the information which must be provided regarding the firm and its practice. (d) A firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices. Each such office shall be under the supervision of a resident manager who may be either a partner, principal, shareholder, member, or a staff employee holding a live permit. (e) Neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notice and hearing within the meaning of said Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-3-23, relating to the registration of offices and resident managers, which reads as follows: "43-3-23. Each office established or maintained for practice in this state by a certified public accountant or a firm of certified public accountants, by a public accountant or a firm of public accountants, or by one registered under Code Section 43-3-20 shall be registered biennially under this chapter with the board, provided that any such office opened between biennial reporting periods shall register with the board within 60 days after it is opened. Each such office shall be under the supervision of a resident manager who may be either a partner, principal, shareholder, member, or a staff employee holding a live permit. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration." SECTION 3. Said chapter is further amended by striking Code Section 43-3-23.1, relating to renewal of registration, and inserting in lieu thereof the following: (a) In each renewal year, each firm registered in the state pursuant to Code Section 43-3-21 which has issued an audit, review, or compilation report within the 24 months preceding the date of expiration of the firm's registration must submit, with the application for renewal, evidence of satisfactory completion of a board approved peer review program within the 36 months preceding the date of such firm's registration expiration. Satisfactory completion shall mean that the firm has undergone the entire peer review process and that the report of the peer review indicates that the firm maintains acceptable standards of competence and integrity in the practice of public accountancy. Firms which have not issued an audit, review, or compilation report within the 24 months preceding the date of the firm's registration expiration must submit written confirmation (c) This Code section shall be construed to apply only to offices firms required to be registered under this chapter. Nothing contained in this Code section shall prohibit any person from operating under the provisions of subsection (b) of Code Section 43-3-36." SECTION 4. Said chapter is further amended by striking in their entirety Code Sections 43-3-23.2 and 43-3-23.3, relating respectively to rules and regulations for reviewing applications for renewal of registration and exemptions from renewal of registration, which read as follows: "43-3-23.2. (a) The board shall issue rules and regulations providing for procedures for reviewing the reports and documentation submitted pursuant to Code Section 43-3-23.1, and the criteria for review and evaluation of such reports and documentation, and evaluation of the findings following such review. (b) The board shall, as it deems necessary, appoint a committee which shall be chaired by a member of the board to assist the board in implementation and administration of the provisions of this Code section. (c) If, after review of a report or other related documentation, the board finds that the report conforms to appropriate standards, the board shall issue a letter to the resident manager of the office which issued the report, stating the board's findings. (d) If, after review of a report or other documentation, the board finds that the report generally conforms with appropriate standards but is deficient in certain respects which, while not material, are not of such a nature as to render the report substandard, then the board shall issue a letter to the resident manager of the office issuing the report indicating those areas in which the reviewer has perceived deficiencies in compliance with appropriate standards. (e) If the board, after review of a report or other documentation, determines that a report is substandard or seriously questionable with respect to compliance with appropriate accounting and auditing standards, then the board shall have the authority to review the work papers related to such report. (f) In the event that the board, after review of a report and the related work papers, determines that a report is substandard or seriously questionable with respect to conformity with appropriate standards, the board may enter an order requiring any one or a combination of the following as it deems appropriate: (1) Requiring appropriate corrective action for deficiencies described in a letter of comment from the board to the resident manager of the office which issued the report; (2) Requiring the licensee or licensees responsible for issuance of the report or substantial participation in the preparation of the report to complete specific continuing FRIDAY, MARCH 14, 1997 1585 education, at the expense of the licensee or licensees, which will be in addition to any mandatory continuing professional education otherwise required by the board; (3) Requiring the office to submit to a preissuance review prior to issuance of any future reports in one or more categories, in the manner and for a duration as prescribed by the board and by a reviewer selected by the board, at the office's expense; or (4) Requiring the office to submit to a peer review of the office's accounting and auditing practices upon such terms and conditions as shall be determined by the board, the cost of such to be borne by the office. (g) The provisions of this Code section notwithstanding, if the board determines, based upon information and belief, that the actions committed or omitted by any licensee or office submitting a report and work papers are so egregious as to so warrant, the board may institute an investigation for the purpose of determining whether the taking of disciplinary action as provided in Code Section 43-3-28 is warranted. 43-3-23.3. The board may, pursuant to rules and regulations, exempt an office from some or all of the requirements of Code Sections 43-3-23.1 and 43-3-23.2 if the board determines that such office has participated in a program which the board deems to be, at a minimum, substantially equivalent to the board's program of review of reports pursuant to Code Sections 43-3-23.1 and 43-3-23.2; and the report of such review indicates that the office maintains acceptable standards of competence and integrity in the practice of public accountancy." SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-3-24, relating to the issuance of permits to practice accountancy, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) A permit to engage in the practice of public accountancy in this state shall be issued by the joint-secretary, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that all efSees ef- seh certificate held** er registrant such entities are maintained and registered as required under Cede Section 43-3-23 Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board." SECTION 6. Said chapter is further amended by striking Code Section 43-3-28, relating to the revocation, suspension, or refusal to renew a certificate, registration, or permit, and inserting in lieu thereof a new Code Section 43-3-28 to read as follows: "43-3-28. (a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Sections 43-3-13 through 43-3-19 or under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes: (1) Violation of any rule, regulation, or order promulgated by the board in accordance with this chapter; (2) Fraud or deceit in obtaining certification as a certified public accountant or registration as a public accountant, in obtaining registration under this chapter, or in obtaining a live permit; (3) Violation of any of the provisions of Code Section 43-3-35 or any other Code section of this chapter; 1586 JOURNAL OF THE HOUSE, (4) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (5) Commission of a felony under the laws of any state or of the United States; (6) Commission of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; (7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay an annual registration fee in such other state; (8) Suspension or revocation of the right to practice before any state or federal agency; (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-25 or to meet any conditions with respect to continuing professional education which the board may have ordered under that Code section; (10) Conduct which discredits the accounting profession; or (11) Failure of such holder's office firm to register or renew its registration under Cede Section 48 8 23 Code Sections 43-3-21 and 43-3-23 or the failure of such office firm to comply with any of the provisions of Code Section 43-3 23.1 er 48-3-23.2 43-3-23. (b) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice public accounting or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud, or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice public accounting shall be immune from civil and criminal liability for so testifying." SECTION 7. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 43-3-29, relating to the revocation, suspension, or refusal to renew a firm registration or permit, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) The failure of such firm to register or renew its registration under Code Section 43-3-23 43-3-21 or the failure of such office firm to comply with any of the provisions SECTION 8. Said chapter is further amended by striking paragraphs (3) and (4) of subsection (b) of Code Section 43-3-32, relating to ownership of accountants' working papers and confidentiality of communications, and inserting in lieu thereof new paragraphs (3) and (4) to read as follows: "(3) Disclosing any data to other certified public accountants, public accountants, or employees thereof in connection with practice reviews and ethics reviews sponsored by professional groups, the purpose of which reviews is to survey such accountant's business practices, audits, and work papers or to review ethical considerations concerning such accountant; or ftny QcttA to trie ooflpd puFSufint to tftc ttjuireittcnts of OOQC octetion9 4o o O.Tj 13 8 23.2, e* 43-3 23.3 ef regulations thereunder pertaining to an application, investigation bjr the board, or hearing on its behalf, so long as such data shall be received by the board in camera and shall not be disclosed to the public; and provided, further, that no disclosure provided for in paragraph Qfc {3}; er {3} ef this subsection er in this paragraph shall constitute a waiver of the privilege established in this subsection." FRIDAY, MARCH 14, 1997 1587 SECTION 9. Said chapter is further amended by striking Code Section 43-3-34, relating to the holding of oneself out to be a licensed certified public accountant or public accountant, and inserting in lieu thereof a new Code Section 43-3-34 to read as follows: "43-3-34. The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a person's name in conjunction with the words 'certified public accountant' or any abbreviation thereof, or 'public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under Code Section 43-3-33 or 48-3-87 43-3-38 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement, or other printed, engraved, or written instrument or device and that such person is holding himself or herself out to be a certified public accountant or a public accountant holding a live permit. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct." SECTION 10. Said chapter is further amended by striking Code Section 43-3-35, relating to the use of titles or devices and false or fraudulent claims, and inserting in lieu thereof a new Code Section 43-3-35 to read as follows: "43-3-35. (a) No individual shall assume or use the title or designation 'certified public accountant' or the abbreviation 'C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a certified public accountant unless such individual has received a certificate as a certified public accountant under this chapter, holds a live permit, and all of such individual's offices in this state for the practice of public accountancy are maintained and registered as required under Code Section Code Sections 43-3-21 and 43-3-23, provided that a foreign accountant who has registered under Code Section 43-3-20 and who holds a live permit may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (b) No firm or any other person or entity shall assume or use the title or designation 'certified public accountant' or the abbreviation 'C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm, person, or entity is composed of certified public accountants unless such firm, person, or entity is registered as a firm of certified public accountants under Code Section 43-3-21, holds a live permit, and all offices of such firm in this state for the practice of public accountancy are maintained and registered as required under Code Section Code Sections 43-3-21 and 43-3-23. (c) No individual shall assume or use the title or designation 'public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a public accountant unless such individual has been registered as a public accountant under this chapter, holds a live permit, and all of such person's offices in this state for the practice of public accountancy are maintained and registered as required under Code Section Code Sections 43-3-21 and 43-3-23 or unless such person is entitled to use the designation 'certified public accountant' under subsection (a) of this Code section and holds a live permit, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with the provisions of Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act.' (d) No firm or any other person or entity shall assume or use the title or designation 'public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm or other person or entity is composed of 1588 JOURNAL OF THE HOUSE, public accountants unless such firm or other person or entity is registered as a firm of public accountants under Code Section 43-3-21, holds a live permit, and all offices of such firm or other person or entity in this state for the practice of public accountancy are maintained and registered as required under Code Section Code Sections 43-3-21 and 43-3-23, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, "The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act.' (e) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant' or 'public accountant,' including, without limiting the generality of the foregoing, 'certified accountant," 'enrolled accountant,' 'licensed accountant," 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.' or 'P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act," or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act"; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Section Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (f) No individual shall sign or affix his or her name or any trade assumed name used by him or her in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying, contained in, or affixed on such opinion or certificate, which indicates that he or she has expert knowledge in accounting or auditing unless he or she holds a live permit and all of his or her offices in this state for the practice of public accountancy are maintained and registered under Code Section Code Sections 43-3-21 and 43-3-23, provided that this subsection shall not prohibit any officer, employee, partner, member, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of such organization with any wording designating the position, title, or office which he or she holds in such organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such. (g) No person shall sign or affix, or cause to be signed or affixed, a firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in such opinion or certificate, which indicates that such firm is composed of or employs persons having expert knowledge in accounting or auditing unless the firm holds a live permit and all of its offices in this state for the practice of public accountancy are maintained and registered as required under Cede Section Code Sections 43-3-21 and 43-3-23. (h) A licensee shall not use or participate in the use of any form of public communication having reference to his or her professional services which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes but is not limited to a statement or claim which: (1) Contains a misrepresentation of fact; FRIDAY, MARCH 14, 1997 1589 (2) Is likely to mislead or deceive because it fails to make full disclosure of relevant facts; (3) Contains any testimonial, laudatory, or other statement or implication that the licensee's professional services are of exceptional quality, if not supported by verifiable facts; (4) Is intended or likely to create false or unjustified expectations of favorable results; (5) Implies educational or professional attainments or licensing recognition not supported in fact; (6) States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of public accounting, except in accordance with rules adopted by the board; (7) Represents that professional services can or will be completely performed for a stated fee when this is not the case or makes representations with respect to fees for professional services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or (8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived, (i) The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to perform professional services." SECTION 11. Said chapter is further amended by striking Code Section 43-3-37, relating to a penalty for a violation of such chapter, and inserting in lieu thereof the following: "43-3-37. The proceedings of and data obtained by a peer review committee or the board pursuant to paragraph (3) of subsection (b) of Code Section 43-3-32 shall not be subject to discovery or introduction into evidence in any civil action, except in a hearing before the board, against a certified public accountant or public accountant for matters which are the subject of evaluation and review by such committee or the board; and no person who was in attendance at a meeting of such committee or board shall be permitted or required to testify in any such civil action, except in a hearing before the board, as to any evidence or the matters produced or presented during the proceedings of such committee or board or as to any findings, recommendations, evaluations, opinions, or actions of such committee or board or any members thereof; provided, however, that any information, documents, or records otherwise available from original sources shall not be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such committee or board; aad provided further, that no person who testifies before such committee or board or who is a member of such committee or board shall be prevented from testifying as to matters within his or her knowledge, provided that such witness may not be questioned regarding such witness's testimony before such committee or board or opinions formed by the witness as a result of such hearings of the committee or board. 13 % 37 43-3-38. Any person who violates this chapter shall be guilty of a misdemeanor." SECTION 12. (a) Sections 1, 2, 3, 4, 5, 7, and 10 of this Act shall become effective July 1, 1998. (b) The remaining provisions of this Act shall become effective July 1, 1997. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Powell of the 23rd and Culbreth of the 132nd move to amend the Committee substitute to HB 374 by inserting at the end of line 6 of page 4 the following: 1590 JOURNAL OF THE HOUSE, ": The provisions of this subsection shall not apply to the practice of an enrolled agent before the federal Internal Revenue Service or the Department of Revenue if the enrolled agent is not otherwise engaged in the practice of public accounting in this state". The following amendment was read: Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 374 by inserting "to provide for applicability;" between "references;" and "to" on line 14 of page 2. By inserting between lines 23 and 24 of page 15 the following: "SECTION UA. No provision of this Act shall apply to any person who on or before June 30, 1997, is a licensed public accountant pursuant to Chapter 3 of Title 43 of the O.C.G.A." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Allen Y Anderson N Ashe N Bailey N Baker Y Bannister NBarfoot Barnard NBarnes Bates Y Benefield YBirdsong Y Bohannon Bordeaux N Bradford Y Breedlove Y Bridges Y Brooks N Brown NBuck Y Buckner YBunn Burkhalter NByrd N Campbell Canty Carter NCash N Channel! N Childers N Clark YCoan Coleman, B Y Coleman, T N Connell Cooper N Crawford Y Crews N Culbreth Cummings Y Davis, G Y Davis, M EDay DeLoach, B N DeLoach, G Dix N Dixon, H N Dixon, S YDobbs Dukes Ehrhart NEpps N Evans N Everett Felton N Floyd Y Franklin Golden N Graves Y Greene N Grindley N Hammontree Y Manner Y Harbin Heard Hecht N Heckstall Y Hegstrom Henson Y Holland E Holmes Y Howard N Hudgens N Hudson, H N Hudson, N N Hugley NIrvin Y Jackson N James Y Jamieson N Jenkins Y Johnson Y Johnston N Joyce YKaye NLadd NLakly NLane NLee N Lewis Lord N Lucas N Maddox NMann N Manning N Martin, J N Martin, J.L N Massey YMcBee NMcCall N McClinton N McKinney Y Mills Y Mobley Mosley Y Mueller N O'Neal YOrrock YParham N Parrish N Parsons N Pelote N Perry Y Pinholster YPoag NPolak N Ponder Y Porter N Powell N Purcell NRagas NRandall YRay Reaves N Reichert NRice N Richardson Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett Y Scheid Y Scott NShanahan Shaw N Sherrill NShipp YSims N Sinkfield N Skipper Smith, C N Smith, C.W Y Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre N Snelling NSnow NStallings Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P N Taylor NTeague NTeper Y Thomas N Tillman N Titus N Tolbert N Trense Y Turnquest YTwiggs N Walker, L N Walker, R.L N West N Westmorland YWhitaker N Wiles Williams, B Y Williams, J N Williams, R N Worthan N Yates Murphy, Spkr On the adoption of the amendment, the ayes were 53, nays 97. The amendment was lost. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. FRIDAY, MARCH 14, 1997 1591 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 YBarfoot Barnard YBarnes Y Bates Benefield N Birdsong Y Bohannon Y Bordeaux N Bradford Y Breedlove N Bridges N Brooks Y Brown YBuck Y Buckner NBunn Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Childers Y Clark NCoan Coleman, B Y Coleman, T Y Connell Cooper Y Crawford N Crews Y Culbreth Y Cumniings Y Davis, G Y Davis, M E Day DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Dukes Ehrhart YEpps Y Evans Y Everett Felton Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley N Hammontree Y Hanner Y Harbin Heard Hecht Y Heckstall Y Hegstrom Y Henson N Holland E Holmes N Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin N Jackson Y James N Jamieson Y Jenkins N Johnson Y Johnston Jones Y Joyce NKaye YLadd YLakly YLane YLee Y Lewis Lord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall N McClinton Y McKinney N Mills Y Mobley Mosley N Mueller Y O'Neal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall NRay Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders N Sauder Y Scarlett N Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow Y StaUings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor YTeague YTeper N Thomas YTUlman Y Titus Y Tolbert Y Trense Y Turnquest NTwiggs Y Walker, L Y Walker, R.L Y West Y Westmorland Y Whitaker Y Wiles Williams, B N Williams, J Y Williams, R N Worthan Y Yates Murphy, Spkr On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 28. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Ladd of the 59th moved that the House amend Rule 33 in order that all points of personal privilege be delayed until the end of the legislative day on the thirty third day. 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 YBarfoot Barnard YBarnes Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown YBuck Y Buckner YBunn Burkhalter YByrd Y Campbell Y Canty Y Carter YCash YChannell Y Guilders Y Clark NCoan Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M EDay DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Dukes Ehrhart YEpps Y Evans Y Everett Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Heard Hecht Y Heckstall Y Hegstrom Y Henson Y Holland E Holmes Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins N Johnson Y Johnston Jones N Joyce NKaye YLadd NLakly YLane YLee Y Lewis Lord Y Lucas Maddox Mann Y Manning Y Martin, J Y Martin, J.L Y Massey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley 1592 JOURNAL OF THE HOUSE, Mosley Y Mueller YO'Neal YOrrock Y Parham Y Parriah Y Parsons YPelote Y Perry Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Reaves Y Reichert N Rice Y Richardson Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Smith, P Y Smith, T N Smith, V Y Smyre Y SneUing Y Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Taylor Y Teague Y Teper Y Thomas Tilhnan Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y West N Westmoreland Y Whitaker N Wiles Williams, B N Williams, J Y Williams, R N Worthan N Yates Murphy, Spkr On the motion, the ayes were 130, nays 22. The motion prevailed. Due to a mechanical malfunction, the vote of Representative Mann of the 5th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon. Pursuant to HR 16, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 17, 1997.